“Blackouts,” local television broadcasts that are not available via streaming options, have riled cable-cutting sports fans for years.
On Monday, the House Judiciary Committee called on league commissioners to justify the practice.
House Judiciary Committee Chairman Jim Jordan sent letters to the commissioners of the NFL, NHL, NBA and MLB requesting briefings on the policies. The blackout exemptions rely on the Sports Broadcasting Act of 1961, but Mr. Jordan noted that modern systems have outpaced the original framework.
“The majority of sports viewership now occurs outside of traditional network broadcasting,” wrote Mr. Jordan and Rep. Scott Fitzgerald, chairman of the Judiciary subcommittee on the administrative state, regulatory reform and antitrust. “As a result, most of the distribution agreements that a sports league enters into are subject to antitrust challenges, while a narrow subset are not, creating legal uncertainty, distorting the market, and ‘effectively expanding the blind spot for potential antitrust violations.’”
The original broadcasting act allowed sports franchises to negotiate broadcast deals jointly to protect smaller teams. But that has allowed for the rise of fan-detested blackouts, limiting broadcasts “within the home territory of a member club of the league on a day when such club is playing a game at home.”
The games are less of an issue for fans still watching their favorite local teams through cable providers. But subscribers to league offerings such as the “NFL Sunday Ticket” or “NBA League Pass” can be left without access to local games.
The four commissioners have not publicly responded to the committee’s letter, which did not provide a deadline for the voluntary briefings.
• Liam Griffin can be reached at lgriffin@washingtontimes.com.
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