Federal Communications Commission Rule Benefits Sports Fans

Sports Fans Coalition Cautiously Optimistic About FCC Vote

Yesterday, the Federal Communications Commission ruled that cable television providers that have rights to broadcast unique, regional sports programming cannot deny the use of that programming to competing multi-channel content providers. For sports fans living in New York, San Diego, Philadelphia, or any other city where the cable company forces consumers to subscribe to their service to watch games, the FCC commissioners voted 4-1 to end that practice based on the presumption that barring access to regional sports programming restricts competition. Furthermore, the order bars cable companies from withholding programming during program renewal negotiations.

In essence, the FCC scaled back the “terrestrial loophole” by allowing multichannel competitors to file complaints alleging “unfair acts” that “significantly hinder” competition. The ruling states that competitors will be protected against said ‘unfair acts’, and specifically in regard to sports, this added protection will put the burden on cable to prove that protection should not apply to a given event. So, it will be the rule rather than the exception for sports programming, in High Definition as well as Standard Definition, to be made available to media competitors unless the original rights holder is able to demonstrate why protections should not apply.

The vote was “an important step to promote competition,” said FCC Chairman Julius Genachowski. “Viewers should not be unfairly forced to choose between the sports teams they love and the provider they prefer.”

While the ruling has tremendous potential to be a true victory for sports fans across the country, the Sports Fans Coalition is cautiously optimistic that the end result will find sports fans empowered with access to their teams’ games. “The FCC has set up a process to get the right result for fans, and that’s a great step,” said Sports Fans Coalition chairman David Goodfriend. “We still have to see, though, what happens when the first complaint arrives at the FCC’s doorstep. Will they do the right thing? Or will fans miss an entire season while the FCC thinks about it?”

The Sports Fans Coalition approves of the vote and celebrates the decision in favor of sports fans, but will fastidiously follow how sports programming will be delivered to competitors to ensure that sports consumers are getting what they deserve. “The last thing any sports fan should do now is let up,” Goodfriend continues, “Whether it’s the Comcast/NBC merger, sports blackouts, or contract disputes, we want to know: where are our games?”

The Sports Fans Coalition’s agenda advocates that sports fans should be able to watch their local teams play, regardless of how fans get their games. There should be no local sports exclusives. Now that the FCC has voted in favor of the sports fan, the Sports Fans Coalition will be acutely focused on the execution of the ruling.

On January 7th, Sports Fans Coalition joined a group of twenty-five industry associations, labor organizations, and public interest groups in creating an open letter expressing concerns about the proposed merger between Comcast and NBC-Universal citing the practice of blocking content from competitors, and in turn, sports fans.

Now that the SFC can claim victory on this action item, the next battle is just around the corner as the Department of Justice and other government agencies review the application for the Comcast/NBC merger. 

Stay tuned and get your network to join the SFC in the fight for sports fans across the country.  We have rights as consumer, citizens, and sports fans.  We need to be vigilant to protect those rights.  Join us.  

To read the letter, click here.

Sign the petition online here.

Get your network to Join The Coalition here.