The simsub showdown between the CRTC and Bell isn’t over yet.

Appeals from the telco and the NFL concerning the regulator’s upcoming simsub ban during the Super Bowl have been dismissed on a timing technicality.

According to a decision issued by the Federal Court of Appeals on Friday, the appeals were dismissed because the CRTC only issued an official order banning simsub last month, making the companies’ claims premature.

A statement from Bell said that the company will re-file the appeal as soon as possible.

“The court dismissed this appeal because the CRTC hadn’t yet issued its formal order to ban Super Bowl simsub, despite announcing its ban a year and a half ago,” said the statement. “It’s been an extraordinary delay by the CRTC. We’ll re-file our appeal as soon as possible because the fact remains that we, the NFL and Canadian advertisers need clarity on this issue well in advance of game day.”

The simsub ban is to go into effect during next February’s Super Bowl. According to the court document Bell Canada has the rights for the Canadian broadcast Super Bowl broadcast through the 2018/2019 season.

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