Join Date: May 2002
Location: Toronto, Rogers, 9865 & 8300-eHDD, Sharp LC75N8000U, Denon AVR4310Ci; Sony KDL40W3000, 9865
Since the timing and type of Speed coverage isn't always exactly the same as TSN, that programme is usually blacked out. There is no reason that TSN couldn't ask Rogers to black out Fox, the same way Speed gets blacked out. Granted, people who can receive Fox OTA would not be blacked out, in the same way they don't get simsubbed OTA.
Since Fox was not airing at exactly the same time, there is no simsub opportunity, only a blackout opportunity, which could be done by the service provider if requested by TSN. I don't see why you say it can't be blacked out by the provider, the same way that Speed is blacked out for the day...
I'm assuming the exclusive rights negotiated by TSN are for "same day coverage" since Speed has been blacked out on their airings of the programme later in the day (for example, they have aired the race later in the day, but it was blacked out), but could air it later in the week - for example I believe Speed will be re-airing the race on Tuesday.