CRTC drops ruling against Bell’s exclusive mobile NFL, NHL content

The CRTC has dropped an undue preference decision against BCE Inc. for its exclusive mobile content deals with the NFL and NHL, the commission said Wednesday. That complaint filed by Telus Communications Inc. last January said Bell's exclusive broadcast rights agreements with the NHL and NFL violated the CRTC’s ban on providing broadcast content on mobile platforms exclusively to the providers' subscribers. Last December, the commission said it agreed with Telus and ordered Bell to make the content available to its competitors. Bell later argued it did not have the ability to do so, saying its exclusive content deal with the NHL had lapsed and its deal with the NFL prohibited the company from relicensing the content. In a letter to Bell and Telus Wednesday, the CRTC said it was satisfied that Bell had not granted itself an undue preference because it had entered into both agreements before the commission's moratorium on exclusive deals was imposed. It acknowledged that the NFL had stated that Bell could not unilaterally change the terms of its exclusive content agreement. “In light of the circumstances, the Commission is satisfied with Bell’s Follow-up Report,” John Traversy, CRTC secretary general, wrote. In an emailed statement to The Wire Report Thursday, Telus spokeswoman Amélie Cliche said the company does not intend to press the issue further. “TELUS submits that the CRTC would have the authority to initiate a mandatory order proceeding which could result in some provisions of the agreement between the NFL and Bell being struck down as being against public policy,” Cliche wrote. “However, TELUS does not propose that the Commission take any further measures at this time since Bell has sought an appeal and judicial review of the CRTC’s Decision and it is unclear whether the NFL agreement will expire prior to the appeal processes being exhausted.”

CRTC drops ruling against Bell’s exclusive mobile NFL, NHL content

Brief | March 2, 2012

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