NFL is about to lose its fight to save TV blackout rules

The Game Room
1

“The 40-year-old federal rules that support the National Football League’s TV blackout policy could finally be eliminated this month. Federal Communications Commission Chairman Tom Wheeler today scheduled a vote for September 30 on “a proposal to get rid of the FCC’s blackout rule once and for all,” he wrote today.”

Ending the rules won’t automatically ensure that all games are shown on local television, because the NFL could still enforce blackouts through private contracts.

Any thoughts on what will happen? A lot of fans would be happy if these blackouts were gone.

2

If I remember correctly (I tried google, but couldn’t find an answer here), the bill that partially paid for the new Seattle stadium specified that games played there could not be blacked out. That passage was found to be unenforceable, but if the NFL loses FCC protection I expect more publicly financed stadiums to include that kind of caveat.

When that passage is introduced in the bill by whatever legislative body is footing the bill, the league isn’t going to like it. I expect the NFL to go into full bluster, talking about thin profit margins (ha!) and threatening a move to Los Angeles before ultimately backing down and accepting the blackout-free financing.

3

The way the NFL twists every sack of nuts around - public, fans, business, cities, government - and does it so openly, and just giggles about it is one reason I can’t really get into pro football.

4

I can’t see much changing. Only crummy teams were really affected by it, and now those teams will get extra viewers of their product, effectively advertizing the stadium experience.

5

I love the game, but I’m starting to despise the league. They’re already a multi-billion dollar industry, and they keep trying to squeeze every fucking nickel out of the fans. No, we don’t need expanded playoffs. No, we don’t need a longer regular season. No, we don’t need more games in London. No, we don’t need a team based in London. No, we should not provide public funding for football stadiums. No, we don’t need the stupid blackout rule.

6

The worry is, a number of people already familiar with “the stadium experience” that doesn’t get advertised - for example, it costs $35 to park the car for a Raiders home game (of course, it costs nothing to park it at a subway station and take the subway to the game, but that’s another story) - will now have the perfect excuse for not going; they don’t have to go to the game to see it being played.

The threat is, if the FCC gets rid of the blackout rule, then the NFL moves games that might be blacked out to cable TV, where the FCC has no authority.

7

I’m at a loss as to why either side thinks that repealing this rule would make the slightest difference.

Let’s be clear on what the FCC blackout rule does.

It does not allow the NFL to black out non-sold-out games. The NFL and its broadcast partners have always had that right, as part of their freedom of contract. Before 1973, all home games were blacked out, whether sold out or not.

Nor does the “cable blackout rule” forbid the NFL from blacking out sold out games. That is covered by P.L. 93-107, passed by Congress in September 1973. This law prevents any contract from being enforced which would black out games sold more than 72 hours in advance of the event. This law will remain in force regardless of anything the FCC does. Furthermore, even if it were repealed, I know of no evidence that the NFL would want to go back to blacking out sold out games. If they would, they’re idiots.

Rather, the FCC blackout rule extends any broadcast blackouts (of which there were a grand total of two last year) to cable and satellite TV.

I can understand why this was a concern in the early days of cable TV. Cable TV originated as a means of improving TV reception in rural areas. In the earliest days, cable operators had channel capacity and nothing to fill it with, so they would carry multiple network affiliates. In Pennsylvania, for example, you might get CBS Pittsburgh and CBS Philadelphia.

This would make hash of any broadcast blackout. Cable subscribers would just watch the affiliate from the other city. The FCC, I presume after lobbying from the NFL, adopted the blackout rule to cable to give force to the blackout law.

But, that isn’t how cable works today. My cable provider, and every provider that I know of, carries one affiliate from each and every network. If WFLD, the Fox affiliate in Chicago, isn’t showing the Bears because of a blackout (which hasn’t happened in like 30 years), then my cable operator isn’t showing the Bears.

Maybe satellite is different; I don’t know because I don’t have it. But I’m having a hard time seeing why this rule is still relevant today.

8

Just as a datapoint, I live in the “suburbs” of NYC in Southwestern Connecticut. My cable company (Cablevision) gives me two feeds for the networks: NYC (Giants & Jets) and Hartford (Patriots.)

I get a ton of football games each Sunday because those two markets often show different games. Nothing to rival the satellite “get every game” packages, but way more football than I ever actually watch.

9

FCC killed it.

go team.

10

Unanimously.

Now the FCC gets to rule on whether or not “Washington Redskins” meets the obscenity standard. If so, any station that broadcasts the name can be subject to fines.