NFL tells FCC not to end local blackouts

The National Football League filed comments with the Federal Communications Commission this week urging the agency not to end blackouts of local sports games.

NFL games are often blacked out locally when they fail to sell out 72 hours in advance in order to compel fans to buy tickets. The FCC's sports blackout rules prevent cable or satellite providers from carrying a game locally when the free broadcast has been blacked out under the Sports Broadcasting Act of 1961.

Last month the Sports Fan Coalition wrote to the FCC asking the agency to prevent games from being blacked out due to retransmission disputes between broadcasters and pay-TV providers, such as the recent standoff between Cablevision and Fox that caused millions of New York-area residents to miss the first two games of the 2010 World Series.

The NFL argued in response that the sports blackout rule serves the public interest and has been repeatedly approved by Congress. The League contends that waiving the rule during retrans disputes would encourage brinkmanship by pay-TV providers.

"The SFC’s proposal would not help fans, but instead would work to the advantage of only one interest: pay-TV providers," the NFL said.

"The Commission should decline to amend the sports blackout rule as proposed by the SFC, since that would undermine the retransmission consent regime and give cable and satellite operators excessive leverage in retransmission consent negotiations, contrary to Congressional intent in establishing the retransmission consent framework and contrary to the public interest."

The Sports Broadcasting Act and blackout rules are often associated with the NFL but covers all sports leagues. Congress passed the law after a federal court ruled the league's practice of selling its TV rights collectively was a violation of antitrust laws.

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