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?

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.

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

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…

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

Associated Press: FCC urged to end sports blackout rule

Bloomberg: NFL Should Drop TV Blackout Policy, Five U.S. Senators Tell FCC

Broadcasting & Cable: Senators Seek End to TV Sports Blackouts

NPR: Fans, Senators Ask FCC To Scrap Sports Blackout Rule

The economists also wrote:

“The main reasons to abandon the FCC’s blackout rules are, first, to get rid of unnecessary regulation and, second, to erase an official government endorsement of an NFL policy that harms consumers and that has been voluntarily abandoned by all other professional sports leagues.  As stated by Commissioner Goodell, the NFL sees blackouts as a means for “driving people to … stadiums.” Blackouts have no significant effect on ticket sales in the NFL and increase no-shows only when the weather is bad. The issue in deciding whether to continue the FCC’s blackout rules accurately can be characterized as follows: should the federal government assist the NFL in forcing a few hundred people a few days per year to choose between not seeing a game and attending the game in bad weather, while simultaneously preventing fans who do not have tickets from watching the game on television?”

The filing will no doubt become the definitive analysis of the economics of blackouts. You can view it here.

Frank Adams in FL:

IF THE PRO TEAM ACCEPTS PUBLIC FINANCING TO BUILD THE FACILITY TO PLAY GAMES, THUS BENEFITTING OWNERSHIP, THE COMMUNITY HAS PAID FOR THE RIGHT TO SEE THE GAMES ON TV. Dismissing all the extra “perks” often thrown into a stadium deal, such as splits on concessions, lower rents, etc, the dividing line- objectively- is if the public already subsidized the private professional team. And if they did, they can not black out the public. We already paid them and earned the right to watch the games on tv- we subsidized the stadium construction costs. Our construction subsidies costs us hundreds of millions of dollars- which pays for every ticket for every game for years and years. The tv revenues are already the major revenue source. This rule is predatory. The fact is pro sports teams do not price their product at a level that will insure a sell out crowd. There are more than enough fans who would buy tickets to sell out the game- many times over. They can’t price their product and use predatory strategies to gouge consumers above their level to afford after taking our money to build them a stadium. Please rescind this rule. DONT TAKE OUR MONEY AND It’s time to end to the Sports Blackout Rule.

Steven White in MA:

The teams get big government subsidies and are allowed to run a monopoly without being sued under anti-trust laws. The natural economic remedy to price controls and sharing the public good the team provides, i.e. not blacking out games. There’s really no argument in favor of the NFL except that we should be more concerned with the bottom line of billionaire owners than with the wants of tens of millions of Americans. I hope the FCC agrees with me that most people are more worried about the vast majority of Americans than the 32 owners.

Daniel Riffle in OH:

The sports blackout rule is in place to benefit billionaires who own professional sports teams, and it affects die-hard fans like me, who often have benefited said owner over the years through tickets and merchandise purchased. Fans and taxpayers also heavily subsidize professional sports through publicly-funded stadiums, tax breaks, anti-trust exemptions, and other benefits. Speaking for myself, I can also tell you the blackout rule is ineffective. If I can’t afford to attend the game when it’s on TV, I still can’t afford to attend when it’s not. Blacking out the game doesn’t put money in my pocket or otherwise enable me to buy tickets. Blackouts are unethical and punish fans who can’t afford the high cost of attending games or who simply want to watch their home team on TV. At the very least, the government should not be in the business of propping up sports leagues’ blackouts. Thank you!

Ronald Fox in WV:

The NFL is making more money than it needs. Soaring prices on tickets, and even merchandise in general, Television contracts and cable subscriptions to their network provide ample funds to run the business day to day. The black out rule was invented to generate more revenue to local clubs. The truth is that if a franchise puts a good product on the field, people will pay to watch. It is time to stop punishing people who love the game, but cannot afford the ticket price, or whose health will not permit them to go outside to the games, by withholding TV broadcast of the game simply because there was not a sell-out. Greed is the name of the game these days. We pay already to see the games because there is no such thing as free TV anymore. Who would have thought anyone would have to pay to watch television 30 years ago. I pay enough to earn the right to watch any game, any time. My cable bill is over 200 a month and I have the NFL network. My choice, but not for much longer. Any more silliness by the NFL to get more money from me, and I will bow out gracefully and let them have their game.

The letter was submitted as part of the agency’s request for public comment on a petition filed by Sports Fans Coalition and other public interest groups asking the agency to eliminate its sports blackout rule.

The senators concluded: “Sports are an important part of American culture and a multibillion dollar industry. When sporting events are blacked out, whether due to league policy, contract dispute, or the sports blackout rule, fans are the losers. We urge the FCC to take a broad look at sports blackouts and to consider comprehensive reform that ensures fans’ access to sports programming.”

You can view the letter via the FCC’s website here.

For IMMEDIATE RELEASE
February 13, 2011

On Monday, the nation’s largest nonprofit fan advocacy organization, Sports Fans Coalition, and other public interest groups filed formal comments asking the Federal Communications Commission to eliminate its blackout rule. The agency had asked the public to weigh in by Monday on what to do about its 36-year-old blackout rule.

“The response from the public is crystal clear — it’s time to end the unethical and counterproductive practice of blacking games out,” Sports Fans Coalition Executive Director Brian Frederick said. “Blackouts punish fans who physically cannot attend games or who cannot afford to go and they decrease fan interest, thus compounding the problem.”

In mid-January, despite objections from the National Football League, the agency agreed to put out for public comment a petition filed by Sports Fans Coalition and other public interest groups calling on the agency to eliminate its sports blackout rule. Under its rule, if local broadcasters are prohibited from carrying a game because of league blackout policies, then cable and satellite companies are also prohibited from carrying the game.

“It’s time for the government to get out of the business of propping up the anti-consumer practices of sports leagues,” Frederick said.

Sports Fans Coalition and other public interest groups including National Consumers League, Public Knowledge, Media Access Project and League of Fans filed formal comments Monday with the agency. In addition, Sports Fans Coalition is submitting over 2,500 comments from by fans collected via its EndBlackouts.com website.

“Among the many heartbreaking letters submitted to the agency are comments from elderly and disabled fans who physically cannot attend games yet are punished by the NFL,” Frederick said. “How does the NFL possibly justify blacking out these fans?”

Over the next two weeks, the agency will seek replies from interested parties on all public comments filed by Monday.

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.

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