FCC’s Clyburn Proposes Ending FCC Sports Blackout Rules

Acting Federal Communications Commission Chairwoman Mignon Clyburn is not going out with a whimper. She just circulated a proposal to eliminate the sports blackout rule that would allow cable operators to carry some games blacked out on broadcast television and could potentially boost pay-TV leverage in retransmission deals.

"Changes in the marketplace have raised questions about whether these rules are still in the public interest, particularly at a time when high ticket prices and the economy make it difficult for many sports fans to attend games," said Chairwoman Clyburn. But, she added, "Elimination of our sports blackout rules will not prevent the sports leagues, broadcasters, and cable and satellite providers from privately negotiating agreements to black out certain sports events." The rule prevents cable or satellite providers from carrying a National Football League game when the over-the-air broadcast is blacked out due to lack of attendance at the game. Broadcasters oppose excising the rule. The NFL agrees and has argued that getting rid of the rule would "undermine the retransmission consent regime and give cable and satellite operators excessive leverage in retransmission consent negotiations."