[opendtv] FCC Votes to Eliminate Sports Blackout Rules | Broadcasting & Cable

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Wed, 1 Oct 2014 07:55:27 -0400

http://www.broadcastingcable.com/news/washington/fcc-votes-eliminate-sports-blackout-rules/134405

FCC Votes to Eliminate Sports Blackout Rules

The FCC has unanimously voted to get rid of its sports blackout rules, which 
had been a backstop to NFL blackout policies.

The commissioners said the rules were outdated, and many made the point that 
the government should not be complicit in the NFL's decision to black out 
broadcasts for games with insufficient ticket sales.

The item getting rid of the rules concludes that the NFL is unlikely to move 
games from broadcast TV to pay, as the league suggested could happen if the 
rules were eliminated.

The sports blackout rules prevent cable operators and others from providing 
those games to subscribers in markets where the local broadcast is blacked out.

The NFL can continue to enforce those blackouts in contracts with broadcasters 
and MVPDs, FCC chairman Tom Wheeler pointed out, but not with the imprimatur of 
the FCC. If there are blackouts next week, he said, it will be on the league 
and its owners, "without the participation of the federal government."

Wheeler gave a nod to then chairwoman Mignon Clyburn for dusting off the 
40-year-old rule and teeing up the initial vote last fall tentatively 
concluding the rules should go.

Wheeler also called on the NFL to repudiate blackouts.

As to the threat of the NFL moving games off of broadcast, commissioner Ajit 
Pai was not buying it.

"To begin with, there is no way that this can happen anytime soon," he said. 
"The NFL’s contracts with over-the-air broadcasters extend until 2022."

"But more importantly, by moving games to pay TV, the NFL would be cutting off 
its nose to spite its face," he said. "Television contracts—not gate 
receipts—make up a substantial majority of the NFL’s revenues nowadays. And 
professional football is, by far, America’s most popular sport in part because 
it is the only major sport that makes most games available on free, 
over-the-air television."

“We commend the Commission’s unanimous decision to eliminate the antiquated 
sports blackout rule," said the National Cable & Telecommunications Association 
in a statement. "As the video marketplace continues to evolve and offers 
consumers more competition and a growing variety of new services, we encourage 
the FCC to continue its examination of outdated rules that no longer make 
sense.”

Clyburn used her opening statement to signal some apparent disaffection with 
the Redskins' name. She referred to the "Washington football team," which has 
become the name critics choose for referencing the team, and noted the team had 
resisted calls to change a name some found offensive.

“This is a historic day for sports fans,” said David Goodfriend, chairman of 
Sports Fans Coalition, which had pushed for eliminating the ban. “Since 1975, 
the federal government has propped up the NFL’s obnoxious practice of blacking 
out a game from local TV if the stadium did not sell out. Today’s FCC action 
makes clear:  if leagues want to mistreat fans, they will have to do so without 
Uncle Sam’s help.”

“NFL teams have made significant efforts in recent years to minimize blackouts. 
The NFL is the only sports league that televises every one of its games on 
free, over-the-air television,” the league said in a statement. “The FCC’s 
decision will not change that commitment for the foreseeable future.”

FCC Media Bureau Chief Bill Lake said it would take about six weeks for the 
sports blackout rules to come off the books, which is 30 days after the FCC 
decision is published in the Federal Register, which itself takes a couple of 
weeks.

The National Association of Broadcasters, which supported the rules, had no 
comment.

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