Hey Comcast -- let’s talk sports (regional sports networks that is)

[Commentary] I am usually not surprised at America’s fascination with sports telecasts (I share it; that’s why I write on it!). But surprised I was when not just one, but at least three Senators took a great deal of time to pose questions about sports programming during the Comcast/Time Warner hearing.

As any good fielder would do, I called out to the television “I got this,” but the Senators apparently didn’t hear the play. So let me try to respond to their concerns in this format. Roughly paraphrased, the Senators are uneasy with the proposed merger because Time Warner owns certain regional sports networks (RSNs) and Comcast owns interests in other RSNs. They fear that together the two companies would create a sports network juggernaut that could leverage these networks into an indomitable market share -- crushing all competition.

The perceived power of the RSN is almost hypnotic for the regulator – and apparently also for Senators and their constituents. They just can’t let it go. There are procompetitive rationales for not making such programming contracts compulsory, but for now I’ll leave it at this: senators, RSNs will not affect the market power of a merged Comcast/Time Warner. Just ask the Federal Communications Commission -- “they got this.”

[Boliek is an associate professor of law at Pepperdine University School of Law]