OTTAWA – The CRTC has sided with CTV in finding that Shaw Cablesystems and Bell TV did not perform simultaneous program substitution for the network’s HD broadcast of the 2008 Super Bowl last February. Star Choice was also named in CTV’s complaint, but was found to be in compliance.
While the Commission accepted Shaw’s explanation of technical difficulties, it has directed the cable company to resolve the issues in time for the 2009 Super Bowl broadcast. Bell TV has also been ordered to comply, and both BDUs must provide “written assurances” within the next two weeks to the CRTC and CTV, or risk "further action".
The decision came in response to a complaint filed by CTV in April, stating that the three BDUs have an obligation under the broadcasting distribution regulations to perform simultaneous substitution when asked, but alleging that they failed to fully comply with that obligation during its Super Bowl broadcast on February 3, 2008. CTV further claimed that Bell TV advertised to its subscribers where they could get access to the "unsubstituted" US signals with US Super Bowl commercials intact.
The Commission agreed with the CTV for the most part, but ruled that Star Choice did not deviate from its usual way of providing simultaneous substitution, which the Commission has endorsed and found to be in accordance with the BDU’s conditions of licence. Star Choice uses technology called virtual channel override which allows for simultaneous substitutions on a market-by-market basis. Bell TV uses different technology.
For more on the decision, click here