Federal attention towards the NFL’s broadcast deals is not going away.
On Monday, Rep. Jim Jordan (R-OH), chairman of the House Judiciary Committee, sent a letter to NFL commissioner Roger Goodell asking him to testify at a June 10 committee hearing regarding the league’s media rights practices, according to a report by Dan Murphy of ESPN. The NFL and other professional sports leagues have recently faced federal scrutiny over the increased fragmentation of live sporting events across various platforms, driving up the cost of watching sports.
Much of the scrutiny has focused on the Sports Broadcasting Act of 1961, which grants leagues a limited antitrust exemption that allows leagues to bundle games and sell packages to broadcasters, rather than each team selling its own broadcast rights. Whether that legislation, which was written before the advent of distribution methods such as cable, home satellite, and streaming, applies to games sold to companies that use those distribution methods has become a central question.
Earlier this year, the Department of Justice launched an investigation into whether the NFL’s business tactics have harmed consumers. The investigation came shortly after Brendan Carr, chairman of the Federal Communications Commission, opened his own inquiry seeking public comment about the fragmentation of sports broadcasts.
Lawmakers have also weighed in. Sen. Tammy Baldwin (D-WI) has introduced legislation aimed to ensure fans residing within a team’s home state have access to all game telecasts free of charge. Sen. Elizabeth Warren (D-MA) and Rep. Pat Ryan (D-NY) sent a letter demanding the FCC take action. Sen. Mike Lee (R-UT) similarly called on the DOJ and FTC to look into the issue.
The NFL has been steadfast in its defense of its current model, which it claims places approximately 87% of all games on free, over-the-air broadcast television. 100% of games are shown for free in local markets, though those markets are often limited to the immediate areas around a team’s city. When accounting for overlapping Sunday afternoon windows, however, only about one-third of all NFL games are available for free within a given market.
Still, that percentage far outpaces other leagues, where the vast majority of games are exclusive to pay-TV networks or streaming platforms.
Last year, the Senate Commerce Committee held a hearing on sports fragmentation and invited representatives from all four major professional sports leagues in North America. The NFL was the only league not to send a representative to the hearing.
“We invited the NFL, they declined to come. I wish they had come. I think the issues that were discussed apply to them just like they apply to the leagues that were here,” Sen. Ted Cruz (R-TX), chairman of the Senate Commerce Committee, told Awful Announcing. Now, it will be Goodell himself, seemingly representing the league, before Congress.
In addition to Goodell, OutKick founder Clay Travis is expected to serve as a witness, along with at least one other person.
About Drew Lerner
Drew Lerner is a staff writer for Awful Announcing and an aspiring cable subscriber. He previously covered sports media for Sports Media Watch. Future beat writer for the Oasis reunion tour.