Senate and House Legislation Targets Sports Blackout Rules
Two senators and a House member introduced legislation to cut the frequency of sports blackouts. The Furthering Access and Networks for Sports Act of 2013 (http://1.usa.gov/17sVXmH) ties the public benefits that sports leagues receive in licensing their games to broadcast stations, cable, satellite and over the Internet to how available games are. An FCC draft rulemaking notice proposed ending the agency’s 38-year blackout rule, circulated on acting Chairwoman Mignon Clyburn’s last day before Chairman Tom Wheeler took over (CD Nov 4 p3).
The bill would kill the FCC’s sports blackout rules and change the Sports Broadcasting Act of 1961, which exempts leagues from federal antitrust law. The legislation would make such exemptions conditional by forbidding the imposition of sports blackouts during contract disputes between broadcasters and satellite or cable providers. If a game is not available on a broadcast station or pay TV, leagues would have to make games available online for free or for a fee, the bill proposed. The act would end the broad antitrust exemptions of Major League Baseball and bring it under the Clayton Antitrust Act.
The NFL has experienced no blackouts this season, a spokesman told us. The league will review the legislation, he said. MLB did not comment.
Sens. Richard Blumenthal, D-Conn., and John McCain, R-Ariz., joined to introduce the act in the Senate. “Special breaks should be stopped for professional sports leagues that impose anti-consumer blackout policies leaving their fans in the dark,” Blumenthal said in a statement (http://1.usa.gov/HR3UX9). “Leagues that enjoy antitrust exemptions and billions of dollars in subsidies and other benefits should give their fans fair access to their favorite teams on TV.”
Rep. Brian Higgins, D-N.Y., is responsible for HR-3452, the companion House legislation. It has no co-sponsors and has been referred to the House Judiciary Committee. Higgins plans to speak about the bill Thursday on the House floor, his spokeswoman told us. She said that Higgins “believes that due to variation in media market and community size and demographics, the blackout rule just doesn’t make sense, especially when taxpayer money goes into building and maintaining the stadium."
McCain called his and Blumenthal’s bill “common-sense legislation that addresses archaic blackout policies and regulations that hurt sports fans around the country” and urged a return in focus to fans, consumers and taxpayers. “While the FCC’s announcement last week that it would consider changes to the sports blackout rule is encouraging -- and something we've urged in the past -- legislation is still needed to improve this regulatory framework,” McCain said.
The Sports Fans Coalition praised both the Senate and House introductions. “Sports fans should not be treated like a fumbled pigskin every time there’s a fight between TV industry players,” said Chairman David Goodfriend (http://bit.ly/19ka347). The bill “would get the job done,” he said. “If you want this big gift from the American people, then don’t drag them into your business negotiations.” The coalition noted that Higgins’ district “has been slammed in recent years by local blackouts of [Buffalo] Bills games” (http://bit.ly/1hFEQ5w), a problem Higgins’ spokeswoman confirmed. “With seating for 73,000, the Bills must sell 6,000 more tickets than the league average to not be blacked out,” the spokeswoman said.