February 29, 2012   |No Comments Blog, End the Sports Blackout Rule, Issues

Rep. Higgins Responds to NFL: “Abandon” Your “Decades Old Blackout Rules”

Yesterday, Rep. Brian Higgins (D-NY) wrote a letter to the FCC in response to a previous filing by the National Football League. In his letter, Higgins pointed to the findings of several top economists that “local television blackouts have little or no effect on ticket sales or attendance for the game that is being televised,” and that “local blackouts of home games harm consumers without producing a significant financial benefit to teams.” Higgins also called attention to the fact that Western New Yorkers may soon be asked to help pay for improvements to Buffalo’s Ralph Wilson Stadium, even as 3 out of 7 home games were blacked out there last season. He ultimately urged the FCC and NFL to “abandon its decades old blackout rules.”

You can read Higgins’ letter here.

Sports Fans Coalition thanks Rep. Higgins for his tremendous support for fans everywhere.

February 28, 2012   |No Comments Uncategorized

Sports Fans File Reply to NFL at FCC: “No Compelling Economic Rationale for Blackouts”

For IMMEDIATE RELEASE

Contact: Matt Sabuda, matt@sportsfans.org

View the Comments

Sports Fans Coalition, the country’s largest nonprofit fan advocacy organization, and other prominent public interest groups told the Federal Communications Commission in formal comments Tuesday that it “is upholding an anti-consumer practice by professional sports leagues that has no rational economic basis for the leagues themselves.” The groups also called attention to personal letters from disabled and/or elderly fans who are physically unable to attend games but who are still subjected to television blackouts.

The comments were part of the formal reply to filings by the National Football League, Major League Baseball and the National Association of Broadcasters in the agency’s ongoing proceeding over its sports blackout rule. Tuesday was the deadline for replies to the initial round of public comments in the matter.

“The NFL continues to black out elderly, disabled and poor fans despite the fact that there is no compelling economic rationale for blackouts,” Sports Fans Coalition Executive Director Brian Frederick said Tuesday. “The top sports economists in the country all agree that blackouts do not benefit ticket sales in the NFL. And yet the league continues to punish its fans with these anti-fan and counterproductive blackouts.”

The FCC’s blackout rules state that cable and satellite companies cannot carry a game if local broadcasters are prohibited by league blackout policies from carrying a game. The agency’s review of its rules has received bipartisan support from Capitol Hill, including Rep. Brian Higgins (D-NY), Rep. Cliff Stearns (R-FL) and Sens. Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Tom Harkin (D-IA), Frank Lautenberg (D-NJ) and Debbi Stabenow (D-MI).

“In light of market changes, it makes sense for the FCC to reexamine this rule and even lift the ban,” Stearns said in a statement to Sports Fans Coalition. “Importantly, today revenue from television and merchandising exceed ticket sales. Also, some markets are more harmed by this rule because their stadiums have very large capacities and/or have trouble filling the seats.”

The group of public interest groups also told the FCC that ending the sports blackout rule would not “drive sports programming away from broadcasting,” as the NFL and NAB claimed in their initial comments to the agency.

“We are indeed troubled by the increasing shift of sports to pay-TV, such as the NFL’s decision to move Monday Night Football to ESPN and its decision to air more games on its NFL Network, but ending blackouts would not cause increased migration, as the sports economists point out,” Frederick said.

Sports Fans Coalition is was founded in 2009 by former staffers of the Clinton and Bush White Houses and fights for fans on public policy issues like blackouts, stadium subsidies and college football playoffs. Over Super Bowl weekend, the group aired TV ads on ESPN and NBC in Buffalo calling for an end to the blackout rule.

February 27, 2012   |No Comments Blog, End the Sports Blackout Rule, Issues

Buffalo News: “Blackouts Are Bad Business for the NFL”

The Buffalo News‘ Donne Esmonde had a great column yesterday blasting the NFL for its blackout policy and pointing to the findings of nine top sports economists who have told the FCC that blackouts don’t work. Esmonde writes:

I cannot figure out why the league clings to an artifact from a bygone era that, financially and otherwise, does it more harm than good. The NFL gets more than half of its revenue from advertising. It makes no sense to deprive your target audience of the product.

The TV blackout is based on the premise that televising home games hurts ticket sales. There is one problem with the notion: It is not true.

Nine of the nation’s top sports economists this month blind-sided the blackout argument. “There is no evidence,” they wrote in a report to the FCC, “that the current blackout practices of the NFL have a significant affect on attendance, revenues [and] profits.”

Kudos to Esmonde for recognizing the importance of the findings by the sports economists. Read the rest of his column here.

February 23, 2012   |No Comments Blog, End the Sports Blackout Rule, Issues, Uncategorized

VIDEO: Disabled Bills Fan Pleads With Roger Goodell to End Blackouts

Meet Arthur MacDonald. He is one of the many disabled fans who finds himself unable to attend the games of his beloved Buffalo Bills. When the game is blacked out on television (3 out of 7 Buffalo games were blacked out last season) he has no way of seeing the games. Here’s what he wrote to the FCC:

I am completely disabled now. My teaching career as a High School Band Director afforded me the opportunity to have my Kemore West Sr HS Band the opportunity to be featured at three Bills Half time shows. My late brother & I had season tickets, but now due to disability I can’t walk from the car nor navigate the crowds. Please note so many of the “crowds” show no concern for the disabled. I pay taxes that go to support the upkeep as well as the original construction. The ability to see games on tv is the very least to be give back to those who have given their all to support the team and the league.

Mr. Goodell, what do you say to Mr. MacDonald and the countless disabled and elderly fans like him? How can you possibly justify blacking these fans out, especially when, as nine top sports economists have shown, blackouts “have no significant effect on ticket sales in the NFL”?

February 22, 2012   |1 Comment Blog, End the Sports Blackout Rule, Issues

EXCLUSIVE: Rep. Cliff Stearns (R-FL) Joins Bipartisan Chorus Supporting FCC’s Review of Blackout Rules

Today, Rep. Cliff Stearns (R-FL), whose district stretches from parts of Jacksonville to just north of Tampa Bay, issued the following statement to Sports Fans Coalition:

“Local broadcasters are not permitted to carry home NFL games that are not sold out. The FCC blackout rule prohibits cable and satellite carriers from carrying games that the local broadcasters cannot carry. The purpose of this rule was to encourage people to attend games and not detract from ticket sales. However, in light of market changes, it makes sense for the FCC to reexamine this rule and even lift the ban. Importantly, today revenue from television and merchandising exceed ticket sales. Also, some markets are more harmed by this rule because their stadiums have very large capacities and/or have trouble filling the seats.”

Sports Fans Coalition applauds Rep. Stearns for his position. He joins a growing and bipartisan chorus supporting the FCC’s review of its sports blackout rule. Others in support include FCC Commissioner Robert McDowell, Rep. Brian Higgins (D-NY), and Sens. Richard Blumenthal, Sherrod Brown, Tom Harkin, Frank Lautenberg and Debbi Stabenow.

February 21, 2012   |No Comments Uncategorized

NFL’s Blackout Rule Punishes Disabled, Elderly Fans

The most significant discussion of NFL blackouts in 40 years is taking place right now. Given the fact that the NFL’s blackout rule punishes disabled, poor and elderly fans and the fact that the rule doesn’t even work, it’s long past time the rule was eliminated.

According to NFL rules, if a game is not sold out within 72 hours, the television broadcast is blacked out in the local market. The Federal Communications Commission then steps in and says that if local broadcasters can’t air a game locally, then neither can cable or satellite companies. Cities like Cincinnati, Tampa Bay, Jacksonville, Buffalo and Oakland have been plagued by NFL blackouts over the last decade. These blackouts happen despite the fact that the NFL is making hand over fast and will earn $6 billion per year from its television contracts starting in 2015.

In January, the FCC agreed to review its 36-year-old blackout rule in response to a petition filed by Sports Fans Coalition and other prominent public interest groups. (The rule itself pre-dates ESPN!) On February 13, the initial deadline for public comments, formal comments were filed by Sports Fans Coalition, the NFL, MLB, the National Association of Broadcasters, five U.S. Senators, several top sports economists (who said “blackouts have no significant effect on ticket sales in the NFL”), and over 4,000 individual fans around the country.

Among the individual comments from fans are some really heartbreaking letters of loyal fans who have cheered for their team over the years, but are physically unable to attend games anymore.

From Arthur in Williamsville, NY:

I am completely disabled now…My late brother & I had season tickets, but now due to disability I can’t walk from the car nor navigate the crowds. Please note so many of the “crowds” show no concern for the disabled. I pay taxes that go to support the upkeep as well as the original construction. The ability to see games on tv is the very least to be give back to those who have given their all to support the team and the league.

From Stephan in Olean, NY:

I am a disabled veteran that not only cant afford to travel to the games but I physically can’t get to buffalo for the home games, like I used to before I became disabled! So my only way to see the Bills is by watching them on TV. When it gets blacked out it’s frustrating.

From Frank in Buffalo, NY:

I had season tickets from the mid 70s till 1984. I sat through a lot of rainy (or snowy) games, and a lot of losing seasons, but I am still a Bills fan. I’m now retired, and physically unable to go to the stadium. I don’t think it’s fair that after my years of support, I can’t watch the games on television. My 91 year old mother-in-law is also saddened by the blackouts.

From Jeanette in Blasdell, NY:

The reason for my desire to have blackouts stopped is how discriminatory they are to disabled people. My mom was in a wheelchair with severe complications of diabetes and it was simply not possible for her to go to a game. I could not understand why she would get so upset and tearful until I developed a form of dystrophy and now it is not possible for me to go to games.

From Stephen in Fairborn, OH:

I’ve been dealing with cancer for the last 4 + years. Surgeries and chemo have left my stomach as a ball of pain. An occasional jostle at a supermarket isn’t too bad, but the kind of crowds that attend football games is beyond anything I have the physical capacity to tolerate.

There are many, many more like this from fans who would love to be able to attend games but simply can’t.

In its filing with the FCC, the NFL wrote that “blackout policies, supported by the FCC’s sports blackout rule, promote live attendance and thus improve the stadium experience.” However, nine top sports economists led by Roger Noll also filed comments stating: “Academic research supports the conclusion that local television blackouts have little or no effect on ticket sales or attendance for the game that is being televised.  Local blackouts of home games harm consumers without producing a significant financial benefit to teams.”

The NFL has yet to provide any actual evidence to support its claim that blackout rules promote live attendance – likely because it doesn’t have any. Of course, if the NFL is having selling tickets to the most popular sporting event in America, it could lower ticket prices, but that would be too easy.

So what does the NFL have to say to its loyal, but physically disabled, fans? How can it justify blacking them out when the numbers show blackouts don’t even work?

February 20, 2012   |No Comments Blog, End the Sports Blackout Rule, Issues

ESPN’s Blackout of Blackout Issue is Troubling

The most significant discussion on sports blackouts since President Richard Nixon lobbied against them is taking place and ESPN is nowhere to be found. At best, this is a major oversight by “The World Wide Leader in Sports”; at worst, it reeks of corporate profits trumping public service.

In January, the Federal Communications Commission agreed to review its 36-year-old blackout rule in response to a petition filed by Sports Fans Coalition and other prominent public interest groups. (The rule itself pre-dates ESPN!) The agency set a one-month period for public comments (in other words, it wanted fans to write in and share their feelings) but at no point during that period did ESPN – via any of its innumerable outlets – let fans know how to do so. This isn’t to say ESPN should have told fans what to say to the FCC, but it should have told them how and where to say it. (By contrast, Deadspin told folks how they could submit their comments to the FCC.)

On February 13, the initial deadline for public comments, formal comments were filed by Sports Fans Coalition, the NFL, MLB, the National Association of Broadcasters, five U.S. Senators, several top sports economists (who said “blackouts have no significant effect on ticket sales in the NFL”), and over 4,000 individual fans around the country. Yet there was absolutely no coverage of the initial filings by ESPN. ESPN.com didn’t even pick up the lengthy AP article on the filings, yet somehow devoted space on its NFL front page to the fact that Rashard Mendenhall may – or may not – play in 2012.

ESPN’s decision to ignore this story may be intentional or not. Best case scenario, it is failing to do a public service by letting fans know that their government is seeking public comment on the issue. Even if ESPN simply informed fans that the FCC wants to hear from them about whether it should eliminate its blackout rule and here’s how to do so – without attempting to influence their comments one way or another – it would be performing basic journalism. Worst case scenario, ESPN’s blackout of the blackout issue is yet another example of corporate interests trumping journalistic ethics. The NFL is fighting hard to maintain its ability to black out games and ESPN is a major partner of the league.

ESPN is the primary news source for the large majority of sports fans. It does not have to engage in public journalism (imagine how much better sports would be if it did!). But it does need to report on news that affects millions of fans in several cities around the country. The blackout issue may not affect fans around the country, but blackouts have affected or threatened almost half the teams in the NFL in the last decade. Further, all fans are affected if ticket prices are kept artificially high because of the blackout threat (that the government is propping up).

The leagues have tried to keep the blackout issue hidden from the public. ESPN shouldn’t do the same.

February 17, 2012   |No Comments Blog, End the Sports Blackout Rule, Issues

UPDATE: TWC-MSG Dispute Is Over!

A mere twenty minutes after we posted this, the MSG/Time Warner Cable dispute reportedly ended. Coincidence? Obviously, the threat of awakening Sports Fans Coalition caused MSG and TWC to crumble in mere minutes.

Enjoy the Linsanity, New Yorkers! And the Sabres, Rangers and Devils….

February 17, 2012   |No Comments Blog, End the Sports Blackout Rule, Issues

Time Warner, MSG Should Immediately Resolve Dispute So New Yorkers Can Watch Lin

Since January 1, around 2.8 million Time Warner Cable customers have been unable to see games on MSG, the regional sports network owned by the Madison Square Garden Company, which also owns the New York Knicks. This means fans across New York have missed out on Knicks games, as well as Buffalo Sabres, New York Rangers and New Jersey Devils games. And fans have missed the sudden rise of Jeremy Lin, the previously unknown point guard who has led the Knicks to 7 straight wins.

The carriage dispute is the sort of situation that most frustrates fans. Sports Fans Coalition strongly opposes these types of programming takedowns during contractual disputes between programmers and distributors. Back in May, we filed comments with the FCC asking the Commission to prohibit the taking down of sports during so-called retransmission consent disputes. Our comments in that proceeding still ring true: “Sports fans have become a political football in retransmission consent disputes. In the recurring smack-down negotiations between big broadcasters and big pay-TV companies, games are pulled right before the action starts, leaving fans in the cold. Fans who are vital to the success of sports and who have contributed through multiple public and private expenditures are treated like fumbled pigskins.”

A copy of the comments can be found here.

Sports Fans Coalition strongly encourages both sides to seek an immediate resolution to this dispute so fans can watch they can watch their favorite teams and so everyone in New York can find out if Jeremy Lin can keep it going…

February 15, 2012   |No Comments Blog, Issues, Uncategorized

FCC Blackout Fight: What Comes Next?

Many of you are wondering what comes next in the fight to end the FCC’s sports blackout rule. Monday was the deadline for “responses” to the petition filed by Sports Fans Coalition and other public interest groups calling on the agency to eliminate its blackout rule. For the next two weeks (until February 28), the agency will seek “replies” to the initial responses filed. So Sports Fans Coalition is poring over the comments filed by the NFL, Major League Baseball and the National Association of Broadcasters, all of whom are lobbying to maintain the government’s blackout rule. We intend to file a response soon and will share it with you when we do.

In the meantime, if you would like to read the comments filed by all these groups — and submit your own reply to them — you can find them below. To submit a reply, you will need to click here, enter 12-3 for the proceeding number, change the “Type of Filing” to “REPLY”, and attach your reply as a Word document.

Sports Fans Coalition, et al: http://apps.fcc.gov/ecfs/document/view?id=7021859832

NFL: http://apps.fcc.gov/ecfs/document/view?id=7021860097

MLB: http://apps.fcc.gov/ecfs/document/view?id=7021860023

NAB: http://apps.fcc.gov/ecfs/document/view?id=7021859916

Top Sports Economists: http://apps.fcc.gov/ecfs/document/view?id=7021860132

Five U.S. Senators: http://apps.fcc.gov/ecfs/document/view?id=7021860015

4,155 Individual Comments from Fans: http://apps.fcc.gov/ecfs/document/view?id=7021860172

Handwritten Letters from Fans: http://apps.fcc.gov/ecfs/document/view?id=7021858304

Related: Open Letter to the National Association of Broadcasters

© 2010 National Sports Fan Coalition. All rights reserved. Download SFC Bylaws (PDF).

Save Next Season Petition Terms and Conditions
All information you provide on this petition signing form will be public on the petition signatures page, except your email address, which will remain private. You may receive updates on this issue and other issues from Sports Fans Coalition though you're always welcome to unsubscribe anytime. Your email is always safe with us.