NFL, Bell challenge Super Bowl ad call

Legal action seeks to reverse CRTC decision

TORONTO • The National Football League and Bell Canada have called foul in a last-ditch attempt to overturn the Canadian broadcast regulator’s new policy that lets Canadians watch American ads during the Super Bowl.

Both the NFL and Bell filed legal action with the Federal Court of Appeal on Wednesday demanding the court reverse the Canadian Radio-television and Telecommunications Commission’s decision that banned broadcasters from substituting big-budget U.S. ads with Canadian ads during the country’s most-watched television event.

The league and the broadcaster, which owns CTV, say they stand to lose millions since Bell relies on its ability to sell ads during the game to recoup the cost of its exclusive licence to broadcast the game in Canada.

They argue the CRTC overstepped its jurisdiction by singling out a single program.

It’s the latest play in a legal match that has attracted the attention of high-profile U.S. politicians including former Republican presidential candidate hopeful Florida Sen. Marco Rubio. Last week, he and Wisconsin Sen. Ron Johnson wrote to Canada’s ambassador in Washington, claiming the decision could undermine U.S.-Canada relations. Liberal MPs Bob Nault and Wayne Easter have also asked for a policy reversal before game day.

The pile-on stems from the CRTC’s attempt to placate the 100 or so Canadians who complain annually that they can’t see big-budget U.S. ads during the big game and are forced to watch Canadian ads instead. Fitting with its current populist agenda, the CRTC announced in January, 2015, it would give the people what they want and prohibit substitution of ads solely for the Super Bowl.

The decision surprised the NFL and Bell, who subsequently filed appeals in federal court. Meantime, the CRTC rejigged the rules under which it would ban ad substitution. In September, the court dismissed the NFL and Bell’s appeals, stating they were premature since they were filed before the CRTC issued a final decision in August. In October, the court gave the parties permission to file yet another appeal, even though the clock is running down before game day on Feb. 5.

The NFL accuses the CRTC of intentionally delaying the case. “The CRTC’s legal manoeuverings each step of the way have only served to delay this process in an apparent attempt to run out the clock and sidestep the challenge,” it said Wednesday.

Still, it’s optimistic the legal Hail Mary could persuade the government to interfere with the regulator’s decision. “The league remains confident that the Government of Canada will act reasonably and responsibly before the 2017 Super Bowl to address this arbitrary attempt by the CRTC to disadvantage not only the NFL, but Canadian broadcasters and the Canadian creative community as well.”

In a statement, Bell noted that unions, creative and business associations and politicians on both sides of the border are calling for a reversal before Super Bowl LI.

The CRTC refused to comment on the new appeals as the issue is before the courts.