# FCC Considers Ending NFL Blackout Rule



## DCSholtis (Aug 7, 2002)

http://profootballtalk.nbcsports.com/2012/01/13/fcc-considers-ending-the-blackout-rule/


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## MysteryMan (May 17, 2010)

About time the FCC got off their ass. And why limit ending the blackout rule with just the NFL? Why not make it across the board with all sports?


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## SamC (Jan 20, 2003)

The FCC has no jurisdiction over the matter. The TV rights are the property of the NFL, which has made the decision to not sell the rights on an in-market basis for non-soldout events. The NFL could, of course, decide to sell these rights, for which the networks would have to pay far more than they do currently. 

The FCC has jurisdiction only over broadcasters, not over the NFL. As such this is just so much posturing.


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## trh (Nov 3, 2007)

SamC said:


> The FCC has no jurisdiction over the matter. The TV rights are the property of the NFL, which has made the decision to not sell the rights on an in-market basis for non-soldout events. The NFL could, of course, decide to sell these rights, for which the networks would have to pay far more than they do currently.
> 
> The FCC has jurisdiction only over broadcasters, not over the NFL. As such this is just so much posturing.


Sounds like the FCC currently has regulations that allow blackouts.



> On Thursday, the FCC decided to seek public comment on the elimination of rules that prevent blacked out games from being televised via cable and satellite operators.* If those rules are eliminated by the FCC, blackouts essentially would end.


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## epokopac (Aug 8, 2007)

MysteryMan said:


> About time the FCC got off their ass. And why limit ending the blackout rule with just the NFL? Why not make it across the board with all sports?


+1. Blackouts are an anachronism in the 21st century. I know why they are done; doesn't mean I have to like it.


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## SamC (Jan 20, 2003)

trh said:


> Sounds like the FCC currently has regulations that allow blackouts.


Then please link to them.

If you live in, for example Jacksonville, you are no more blackouted of a home un-sold-out Jaguars game than you are from seeing the movies currently playing at your local movie theatre or a concert going on at the local arena free in your home on NBC. The owner of the rights has simply decided, as it is free to do in our free society, to not sell broadcast rights to the local NBC station, prefering that you pay to actually attend the event in its venue.

Now, COULD the NFL and the networks tommorrow reach a deal where un-sold-out games are shown in-market? Certainly. At whatever price the NFL and the networks agree upon. Right now the network (the entity regulated by the FCC) simply does not have the rights to show such, and the NFL (over which the NFL has no jurisdiction whatsoever) does not wish to sell these.

A better example is the Indy 500. The Speedway simply refuses to sell the rights in-market. ABC buys the rights to show the race in 211 markets. Not Indy. The Indy rights, if for sale, would cost more.

In 1972, the Congress (not the FCC) threated the NFL with regulatory changes having nothing to do with broadcasting unless it stopped "blacking out" sold-out in-market games. Congress, not the FCC.

The use another analogy. Lets say you you are a very funny actor and put on plays costing $50/head. Could the FCC force you to allow these be shown on Fox? At no charge?


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## trh (Nov 3, 2007)

SamC said:


> Then please link to them.


See the OP's first post. It has a link to NBC Sports which states the FCC currently has "rules that prevent blacked out games from being televised via cable and satellite operators."

But the applicable regulation is contained in 47 CFR 76.127, which you can * read here*.

This whole review got started when five public interest groups and Congress called for the elimination of the NFL Blackout (specifically a Senator from OH).

The rule states that if the local TV station with the broadcast rights is not broadcasting the game, then DBS and cable providers are also prohibited from also transmitting the game to that area. Without this rule, cable and Sat subscribers will be able to watch the game and anyone using OTA will be blacked out. But all the articles I read (including the NY Times and USA Today), said that if this rule is eliminated, the NFL will eliminate their blackout policy -- which was written back when the majority of their income was from ticket sales.


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## SamC (Jan 20, 2003)

The rule deals with cable and DBS importing out-of-market signals. For example, showing an Orlando station in Jacksonville to overcome the so-called blackout. 

It has nothing to do with the JACKSONVILLE station showing games its network has not paid to show. 

The FCC has no rules on that subject. Because it has no jurisdiction on that subject.


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## Terry K (Sep 13, 2006)

SamC said:


> The rule deals with cable and DBS importing out-of-market signals. For example, showing an Orlando station in Jacksonville to overcome the so-called blackout.
> 
> It has nothing to do with the JACKSONVILLE station showing games its network has not paid to show.
> 
> The FCC has no rules on that subject. Because it has no jurisdiction on that subject.


They do though. The NFL gets an antitrust exemption. The FCC and the government can move to do away with that if they so desired.


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## trh (Nov 3, 2007)

SamC said:


> The rule deals with cable and DBS importing out-of-market signals.


Exactly correct. But as the OP's link states (and about 300 other newspapers/magazines/blogs), if the FCC eliminates this rule, then DirecTV and cable operators will be allowed to air the Orlando coverage of the game in Jacksonville. So how long before the local Jacksonville station complains to the NFL stating they are losing viewers and they too want to air the game? IF this rule is eliminated by the FCC, it will eliminate the sports blackout rule. And the NFL sees it the same way so they are fighting it.


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## R0am3r (Sep 20, 2008)

If anything, the NFL needs to update the Blackout rules and consider how far digital signals in the UHF band travel. I live 196 miles from Ralph Wilson stadium and missed games this year because my CBS affiliate (WTVH in Syracuse) reaches into the Buffalo viewing area!!! Somehow WTVH has a magic signal that can reach into Buffalo...


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## SamC (Jan 20, 2003)

trh said:


> if the FCC eliminates this rule, then DirecTV and cable operators will be allowed to air the Orlando coverage of the game in Jacksonville.


Umm, no. SHIVA would apply. Except for the complex discussion of out-of-market locals for rural people (people outside the Grade B Contour of a particular networks signal) and grandfathered people (people who lied and thus had out-of-market locals via sat when SHIVA was passed in the fall of 1999, although they could receive their local stations OTA) DBS cannot provide any affiliate in Jacksonville other than Jacksonville's.

Sherod Brown knows as much about this subject as he knows about most. This is just pandering.


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