Do TV Blackouts of Pro Sports Games Need to be Stopped? (S. 2414)

What is S. 2414?

(Updated March 15, 2018)

This bill — known as the FANS Act — would end TV blackouts of sporting events by requiring professional sports leagues to meet basic obligations to fans in order to continue receiving benefits like an exemption from antitrust laws. It would prohibit broadcasters from removing the live coverage of a league’s games and require that a live, sponsored broadcast be available to consumers and fans within the media market where a game is being played over the TV or internet.

An exception within professional sports leagues’ antitrust exemption that prohibits home games from being televised in a team’s media market would be repealed by this legislation.

Argument in favor

Fans deserve to be able to watch their team’s games live, even when they’re playing at home. Pro sports leagues and broadcasters need to ensure that happens, and this bill requires them to stop TV blackouts of home games in the host team’s media market.

Argument opposed

There’s a reason professional sports games get blacked out, and that’s because the home team’s stadium didn’t sell out. Sports franchises and broadcasters should be able to encourage in-person attendance by blacking out games that don’t sell out.

Impact

Fans of sports teams whose home game broadcasts are blacked out; professional sports franchises; professional sports leagues; broadcast networks; and the FCC.

Cost of S. 2414

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Richard Blumenthal (D-CT) introduced this bill to ensure that fans have access to live broadcasts of their favorite team’s games by ending blackouts of pro sports games:

“We’re throwing the flag on these anti-consumer tactics and putting more games in front of the fans that deserve to see their favorite team play. The [bill] would ensure fans have rightful access to the lives games of their favorite teams, regardless of where they live. It is unconscionable that we continue to allow special breaks and deals for professional sports leagues that impose anti-consumer blackout policies and leave their fans in the dark.”

Lead cosponsor Sen. John McCain (R-AZ) echoed that sentiment in his own statement:

“The FANS Act is about ensuring that loyal sports fans aren’t the ones who have to pay the price for outdated rules and unfair league policies. For years, sports leagues have been blacking out broadcasts of sporting events at the expense of the very taxpayers and fans they rely on to subsidize million-dollar stadiums. Leagues should have to meet basic obligations if they wish to continue receiving substantial public benefits from fans, such as an exemption from federal antitrust law.”

Of Note: The National Football League (NFL) lifted its blackout policy starting in 2015, which will continue into the current season. That followed a decision by the Federal Communications Commission to eliminate the federal sports blackout rule.

Media:

• Sponsoring Sen. Richard Blumenthal (D-CT) Press Release
• The CT Mirror
• National Consumers League (In Favor)
• Sports Fans Coalition (In Favor)