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Simultaneous substitution
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==Implementation and exceptions== Enforcement, or lack thereof, of the regulations, as well as legal exceptions and simple circumstance, has led to instances where some Canadian cable and satellite subscribers are able to receive the original American channels in Canada without simultaneous substitution. Cable providers with less than 2000 subscribers are not legally required to have simultaneous substitution implemented.<ref>http://www.crtc.gc.ca/eng/archive/2014/2014-444.htm section 19</ref> Many viewers in the [[Greater Toronto Area]] can pick up American stations from [[Buffalo, New York]], over-the-air, as well as high-definition versions of the stations from both Buffalo and [[Seattle]], [[Washington (state)|Washington]], on cable television. Similarly, cable television viewers in [[Greater Vancouver]] may receive unmatched HD stations from [[Detroit]], [[Michigan]], and [[Rochester, New York]]. However, high-definition feeds are also subject to simsub, and such substitutions began to increase as local broadcasters performed wider deployments of [[digital terrestrial television]].<ref name="CRTC-HD">{{cite web|title=Broadcasting Decision CRTC 2008-358: Complaint regarding the simultaneous substitution of the high definition broadcast of the 2008 Super Bowl|url=http://crtc.gc.ca/eng/archive/2008/db2008-358.htm|publisher=Canadian Radio-television and Telecommunications Commission|date=December 22, 2008|access-date=February 2, 2009}}</ref> === Rule changes and Super Bowl simsub ban === On January 29, 2015, the CRTC announced changes to the simsub rules as a result of ''Let's Talk TV'', a series of hearings which mulled reforms for the Canadian television industry. While the [[Canadian Radio-television and Telecommunications Commission|CRTC]] did not completely eliminate the simsub rules, "despite certain reservations", it did propose that its policies explicitly state that only over-the-air channels may invoke simsubs, and that broadcasters and television providers be accountable for programming lost from improperly implemented simsubs: providers will be required to provide rebates as compensation, and stations could temporarily lose their ability to simsub programming. The CRTC also proposed that, citing viewer complaints over their inability to see what they felt was an "integral part" of the event, and that many ads were often seen multiple times throughout the game, it would ban the use of simultaneous substitution for the Super Bowl beginning in [[Super Bowl LI|2017]], thus allowing U.S. feeds of the event and its [[Super Bowl commercials|commercials]] to co-exist with Canadian simulcasts.<ref name=gandm-nomoresuperbowlsimsub>{{cite news|title=CRTC opens door for U.S. Super Bowl ads to air on Canadian TV|url=https://www.theglobeandmail.com/report-on-business/industry-news/marketing/crtc-opens-door-for-us-super-bowl-ads-to-air-on-canadian-tv/article22696212/|newspaper=[[The Globe and Mail]]|date=January 29, 2015|access-date=January 29, 2015}}</ref><ref name=crtc-2015-25>{{cite web|title=Broadcasting Regulatory Policy CRTC 2015-25|date=29 January 2015|url=http://www.crtc.gc.ca/eng/archive/2015/2015-25.htm|publisher=Canadian Radio-television and Telecommunications Commission|access-date=February 3, 2015}}</ref> However, [[Bell Media]], the current Canadian rightsholder to the Super Bowl through [[CTV Television Network|CTV]], filed an appeal, arguing that the move would devalue its exclusive broadcast rights to the game, and violates the [[Broadcasting Act (1991)|Broadcasting Act]], which forbids the CRTC from making regulations that single out specific programs.<ref name="gandm-bellappealB">{{cite news|title=Bell appeals CRTC decision to air U.S. Super Bowl commercials|url=https://www.theglobeandmail.com/report-on-business/bell-to-fight-crtc-ruling-on-super-bowl-simsub/article23244271/|newspaper=The Globe and Mail|access-date=March 12, 2015}}</ref> The NFL itself has backed Bell Media's complaints.<ref name=torstar-nflcrtc>{{cite news|title=NFL enters battle with CRTC over Super Bowl|url=https://www.thestar.com/business/tech_news/2015/07/18/nfl-enters-battle-with-crtc-over-super-bowl.html|access-date=21 July 2015|work=Toronto Star}}</ref> The order implementing these new rules was issued on August 19, 2016. The prohibition only applies to the game itself; the typically extended pre-game and post-game coverage is not covered by the policy, and thus may still be simsubbed by CTV.<ref name="faguy-sbli">{{cite web|last1=Faguy|first1=Steve|url=http://blog.fagstein.com/2017/01/27/ctv-super-bowl-li-plans/|title=CTV Super Bowl LI plans|date=January 27, 2017|access-date=29 January 2017}}</ref><ref>{{cite web|url=http://www.crtc.gc.ca/eng/archive/2016/2016-334.htm|title=Broadcasting Regulatory Policy CRTC 2016-334 and Broadcasting Order CRTC 2016-335|date=19 August 2016|publisher=Canadian Radio-television and Telecommunications Commission|access-date=February 2, 2017}}</ref> On November 2, 2016, after being denied an appeal because the CRTC had not yet issued official policy when the suit was filed,<ref name="gandm-yesnoads">{{cite news|title=Court dismisses Bell appeal of CRTC policy on Super Bowl ads|url=https://www.theglobeandmail.com/report-on-business/court-rules-against-bells-attempt-to-swap-super-bowl-commercials/article31722299/|website=The Globe and Mail|date=6 September 2016|access-date=12 September 2016|last1=Dobby|first1=Christine}}</ref><ref name="cbc-lawsuitdismiss">{{cite web|title=Court rules against Bell in bid to overturn ban on U.S. ads airing during Super Bowl|url=http://www.cbc.ca/news/business/crtc-super-bowl-ads-appeal-1.3751203|website=CBC News|access-date=12 September 2016}}</ref> Bell was granted the right to appeal the ruling in the [[Federal Court of Appeal]].<ref name="gandm-bellappealA">{{cite news|title=Bell wins right to appeal new Super Bowl ad policy|url=https://www.theglobeandmail.com/report-on-business/bell-wins-right-to-appeal-new-super-bowl-ad-policy/article32643801/|website=The Globe and Mail|date=2 November 2016|access-date=2 November 2016|last1=Bradshaw|first1=James}}</ref> The telecast of [[Super Bowl LI]] was available directly from [[Fox Broadcasting Company|Fox]] affiliates carried on pay television in Canada.<ref name="cbc-nosimsub"/> [[Michael Geist]] of the [[University of Ottawa]] believed that this decision was a test case for eventually phasing out the simsub rules entirely, arguing that the practice was becoming increasingly irrelevant due to changing viewing habits (such as the consumption of TV content via video-on-demand services rather than linear networks), and that dropping the rules could force domestic broadcasters to make greater investments into original, Canadian content, rather than scheduling it as an afterthought around fluctuating U.S. schedules.<ref name="cbc-nosimsub">{{cite web|title=Are the Academy Awards next? U.S. Super Bowl commercials in Canada test future of CRTC ad policy|url=http://www.cbc.ca/news/business/super-bowl-commercials-crtc-1.3957727|website=CBC News|access-date=6 February 2017}}</ref> On May 18, 2017, the NFL testified to the [[United States Department of Commerce]] that the CRTC's August 2016 ruling was a violation of copyright protections under [[North American Free Trade Agreement|NAFTA]]. The NFL and BCE continued to fight to overturn this policy in the Federal Court of Appeal.<ref>{{Cite news|url=http://business.financialpost.com/fp-tech-desk/nfl-to-testify-that-crtc-super-bowl-ad-decision-violates-nafta|title=NFL to testify that CRTC Super Bowl ad decision violates NAFTA|work=Financial Post|access-date=2017-06-01|language=en}}</ref><ref name="FP_Jackson_SC_Jan">{{cite news |url=https://business.financialpost.com/telecom/supreme-court-dismisses-bell-and-nfls-last-minute-play-to-stall-super-bowl-ad-policy |title=Supreme Court dismisses Bell and NFL's last minute play to stall Super Bowl ad policy |first=Emily |last=Jackson |date=January 26, 2018 |access-date=October 7, 2018 |newspaper=Financial Post}}</ref><ref name="FP_Jackson_CRTC">{{cite news |url=https://business.financialpost.com/technology/nfl-hands-the-ball-off-to-trump-in-its-super-bowl-ad-spat-with-the-crtc |title=NFL hands the ball off to Trump in its Super Bowl ad spat with the CRTC |first=Emily |last=Jackson |date=January 30, 2017 |access-date=October 7, 2018 |newspaper=Financial Post}}</ref> On December 19, 2017, the Federal Court of Appeal dismissed Bell Media's case, ruling that the CRTC's policy was reasonable.<ref>{{Cite news|url=https://www.theglobeandmail.com/report-on-business/bell-loses-appeal-of-crtcs-super-bowl-ad-ruling/article37387000/|title=Bell loses court appeal of CRTC's Super Bowl ad ruling|work=The Globe and Mail|access-date=2017-12-20}}</ref> Bell Media once again filed for an appeal in January 2018, this time in the [[Supreme Court of Canada]].<ref>{{Cite news|url=https://nationalpost.com/pmn/sports-pmn/football-sports-pmn/bell-media-and-nfl-take-appeal-over-super-bowl-ad-policy-to-supreme-court|title=Bell Media and NFL take appeal over Super Bowl ad policy to Supreme Court|date=2018-01-22|work=National Post|access-date=2018-01-23|language=en-US}}</ref> On May 10, 2018, the Supreme Court of Canada agreed to hear the NFL and Bell's appeal of the Federal Court of Appeal's decision. In an unprecedented step, the top court announced that it intended to use this appeal as an opportunity to revisit the law governing standard of review of administrative tribunals. The appeal was tentatively scheduled to be heard in December 2018.<ref name="FP_Jackson_BellFeb2017">{{cite news |url=https://business.financialpost.com/technology/bells-super-bowl-tv-audience-drops-39-per-cent-after-new-crtc-ad-policy |title=Bell's Super Bowl TV audience drops 39 per cent after new CRTC ad policy |first=Emily |last=Jackson |date=February 7, 2017 |access-date=October 7, 2018 |newspaper=Financial Post}}</ref> On October 1, 2018, Canada agreed to the [[United States–Mexico–Canada Agreement]]. The trade deal, which replaces NAFTA, contains an annexe that would require the CRTC to apply its simsub policies equally across the programming that it covers, and as such, withdraw its policy forbidding simsubs of the Super Bowl. NFL commissioner [[Roger Goodell]] had lobbied for the condition, and praised U.S. president [[Donald Trump]] after the agreement was announced.<ref>{{Cite news|url=https://www.washingtonpost.com/sports/2018/10/03/roger-goodell-nfl-appreciates-trumps-leadership-trade-deals-super-bowl-provision/|title=Roger Goodell: NFL appreciates Trump's 'leadership' on trade deal's Super Bowl provision|newspaper=Washington Post|language=en|access-date=2018-10-22}}</ref><ref>{{Cite news|url=https://www.cbc.ca/news/business/mcconnell-usmca-free-trade-vote-1.4864887|title=New trade deal between Canada, U.S. and Mexico won't be ratified this year|work= CBC News|access-date=2018-10-22|language=en-US}}</ref> Following the announcement of the trade deal, Bell requested that the CRTC withdraw the policy in time for [[Super Bowl LIII]]; Bell was denied due to the pending Supreme Court appeals hearing, as well as the fact that the agreement had not yet been ratified.<ref>{{Cite news|url=https://business.financialpost.com/telecom/crtc-passes-on-bells-attempt-to-overturn-super-bowl-ads-policy-leaves-ball-in-supreme-court|title=Canadians will still be watching American Super Bowl ads after CRTC refuses to change policy despite USMCA deal|date=2018-11-12|work=Financial Post|access-date=2018-11-13|language=en-US}}</ref> On December 19, 2019, the Supreme Court of Canada ruled in favour of Bell Media, arguing that the CRTC overstepped its power under the [[Broadcasting Act (1991)|Broadcasting Act]] by attempting to "impose terms and conditions on the distribution of programming services generally". Therefore, [[Super Bowl LIV]] in 2020 was subject to simsub.<ref name="supreme">{{Cite news|url=https://business.financialpost.com/telecom/media/nfl-broadcaster-notch-canadian-court-victory-on-super-bowl-ads|title=Super Bowl ad victory for Bell, NFL in Canada|date=December 19, 2019|work=Financial Post|access-date=October 13, 2022|last1=Argitis|first1=Theophilos}}</ref><ref>{{Cite web|url=https://blog.fagstein.com/2019/12/19/supreme-court-crtc-on-super-bowl-ads/|title=Supreme Court overturns CRTC order banning ad substitution during Super Bowl|last=Faguy|first=Steve|date=19 December 2019 |access-date=December 19, 2019}}</ref> ===Specific television providers=== In terms of television providers, the practice of simsubbing is implemented in different ways, depending on the company, especially in the case of satellite providers, which operate on a national basis and not regionally as cable providers do; * [[Shaw Direct]] invokes simsubs according to a subscriber's [[Canadian postal code|postal code]], and is implemented by the receiver's firmware; this method enforces simsubs only in areas where they are legally needed. Beginning in February 2012, however, Shaw Direct began implementing simsubs for the [[Global Television Network#Global HD|Global]] network's HD feed ([[television channel|channel]] 256) for all of their high-definition subscribers, which affects ABC East HD ([[WXYZ-TV]]), CBS East HD ([[WWJ-TV]]), Fox East HD ([[WUHF]]) and NBC East HD ([[WDIV-TV]]). It is speculated that this is due to the 2010 purchase of the Global Television Network by [[Shaw Communications]]. At first, no other channels were simsubbed; Shaw Direct later began implementing simsubs for [[Citytv]], but it still does not do so for [[CTV Television Network|CTV]], its main competitor. * [[Bell Satellite TV]] invokes simsubs to all subscribers nationwide, implemented by its uplink centre (which also provides services for other service providers); by doing so, simsubs for a particular channel are implemented nationwide, regardless of where the subscriber lives or which feed the subscriber watches. Notably, Bell's feeds also invoked simsubs on network programming being simulcast by specialty channels owned by [[Bell Media]], such as [[The Sports Network|TSN]]. This has since ceased due to CRTC rules that explicitly forbid this practice. * Similarly, [[Rogers Cable]] invoked simsubs on U.S. network affiliates for sports programming simulcast on its [[Sportsnet]] specialty channels (such as the [[2013 World Series]] on Fox in lieu of the [[MLB International]] feed). Sportsnet has since reverted to using the MLB International feed, tying into the current involvement of Sportsnet personality [[Buck Martinez]] (who serves as play-by-play commentator for Sportsnet's regular-season broadcasts of the [[Toronto Blue Jays]]).
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