No More Blackouts?

[PromoTheRobot]

Sabres games are no longer on NHL Center Ice because MSG holds the broadcast rights and will not allow TWC to show Sabres games until TWC agrees to a 56% rate increase.

But the point is that people who pay a premium to watch (what is promoted as) every NHL game should not have any of them blacked out! This article addresses that.

 

PTR

Edited January 16, 2012 by PromoTheRobot

[CodeMonkey]

But the point is that people who pay a premium to watch (what is promoted as) every NHL game should not have any of them blacked out! This article addresses that.

 

PTR

Should apply to directTv sunday ticket subscribers as well.

[ICanSleepWhenI'mDead]

I don't necessarily take Congressional statements at face value, but U.S. Senator Sherrod Brown (Dem. - Ohio) claims that he is responsible for the impending FCC review of the NFL blackout policy:

 

http://www.bizjournals.com/cincinnati/news/2012/01/12/fcc-to-reconsider-blackout-rule-for.html

 

The Ohio Democrat earlier this year had asked the NFL to halt the blackout policy. His request was partly prompted by the Cincinnati Bengals .. , who failed to sell out six of their eight regular-season home games this season, meaning those games could not be broadcast on local television. Such blackouts and the lack of ticket sales that cause them cost the team and local TV stations millions of dollars.

 

Brown’s office said his urging prompted the FCC to say it will release a petition aimed at opening the sports blackout rule for public feedback. That’s the first move in the process to overturn the regulation.

[ICanSleepWhenI'mDead]

Anybody have the link where we can go and leave comments with the FCC about this?

 

We subscribe to Sunday Ticket, and as a sports subscription package, I don't see how it is legal that blackouts can apply.

From the FCC "Public Notice" at http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0112/DA-12-44A1.pdf

 

Parties may file responses to the Petition on or before February 13, 2012 and replies on or before

February 28, 2012. Please place the case identifier, MB Docket No. 12-3, on all filings. Comments

may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing

of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

 

Electronic Filers: Comments may be filed electronically using the Internet by accessing the

ECFS: http://fjallfoss.fcc.gov/ecfs2/.

 

As best I can tell, you can type in "MB Docket No. 12-3" in the blank entitled "Proceeding Number" here:

 

http://fjallfoss.fcc.gov/ecfs/upload/display?z=g4mny

 

and then fill out and electronically submit the rest of the form, including your comments on the blackout rule.

 

I was tempted to submit a form that simply read "Bengals suck!" - - but I chickened out.

Edited January 17, 2012 by ICanSleepWhenI'mDead

[Mr. WEO]

Can the FCC compel a private company to provide its product for free? If networks willfully enter an contract with the NFL that allows for blackouts, can the FCC nullify that contract?

[JohnC]

Can the FCC compel a private company to provide its product for free? If networks willfully enter an contract with the NFL that allows for blackouts, can the FCC nullify that contract?

 

The contract between the private companies (NFL and Networks) also involve the the public airwaves regulated by the FCC. The FCC has promulgated rules for language and decency guidelines for a very long time. The networks are required to abide by them. The FCC is not an omnipotent authority in all matters related to the airwaves. There are court rulings that they have to factor in when they establish their guidelines.

 

You are twisting the issue when you postulate that the private companies are being compelled to offer their product for free. That is not the case. The NFL is making a ton of money with their contract with the networks regardless if they are compelled to have/not have blackouts. There is nothing inappropriate with having the league and networks guided by FCC regulations when using the public airwaves.

[Hammered a Lot]

Now I can drop my season tickets and watch the games for free. Sorry to the people who help support their families,charities,organizations by working the concession stands game day. Sorry to the ticket takers, ushers,security, parking lot guys, cleaning crews, snow removal workers,traffic control workers and everyone else that I missed who work these games because they need the money. It's not personal, it's....

[CodeMonkey]

Now I can drop my season tickets and watch the games for free. Sorry to the people who help support their families,charities,organizations by working the concession stands game day. Sorry to the ticket takers, ushers,security, parking lot guys, cleaning crews, snow removal workers,traffic control workers and everyone else that I missed who work these games because they need the money. It's not personal, it's....

You are a nice guy and run a great lot, but that was sprinkled with horse ****.

I personally hate the blackout rule because I choose not to subject my family to a Bills game, but I would like my kids to be able to follow the Bills. I also feel that all of the people that pay to watch the game (sunday ticket subscribers) deserve to see the games. Not just the people buying tickets.

 

As to all the concession workers etc. that support their families. Please. We are talking about 7 regular season games a year for people earning minimum wage for the 6 hours or so a game.

 

The NFL and the over-the-air networks entered into a deal where the blackout rule was spelled out. If the NFL wants to keep it and the networks agree then so be it. But let the people who pay to see the game see it.

Edited January 17, 2012 by CodeMonkey

[ICanSleepWhenI'mDead]

Can the FCC compel a private company to provide its product for free? If networks willfully enter an contract with the NFL that allows for blackouts, can the FCC nullify that contract?

The FCC Notice says that 5 different groups jointly petitioned the FCC to abolish an existing FCC regulation. So if the petition is ultimately successful, private companies like the NFL, on the one hand, and cable companies/satellite broadcasters, on the other, will be MORE free to contract with each other in any way they want.

 

One of the five groups that jointly filed the petition to abolish an existing FCC regulation is the "Media Access Project," which calls itself a "non-profit law firm and advocacy organization." Here's part of what the Media Access Project's website says about the petition:

 

http://www.mediaaccess.org/2011/11/groups-petition-fcc-to-lift-sports-blackout-rule/

 

Media Access Project and Public Knowledge have joined the Sports Fan Coalition in petitioning the Federal Communications Commission to lift its sports blackout rule.

 

“We promote access to the media and the rule stifles access,” said MAP’s Andrew Schwartzman.

 

The rule prevents cable or satellite providers from carrying an NFL game when the over-the-air broadcast is blacked out due to lack of attendance at the game.

 

“This is the biggest organized effort in decades to put an end to the federal government’s support for anti-consumer blackouts,” Sports Fans Coalition executive director Brian Frederick said in a statement. “It is ridiculous that the leagues continue to black out games from their own fans after taking in massive public subsidies, during such difficult economic times, and even more ridiculous that the federal government props up this practice through the Sports Blackout Rule.”

 

“Sunday’s Tampa Bay Buccaneers game against the Houston Texans will be blacked out locally, marking the 8th blackout this season in the NFL and the 4th in Tampa Bay,” said the coalition. “The Buccaneers play in Raymond James Stadium, which cost $168.5 million and was fully funded by taxpayers.”

 

“Eliminating the Sports Blackout Rule would be a pro-fan, pro-consumer, deregulatory action serving the public interest by expanding the availability of sports to the public without adding any regulatory compliance costs to the private sector,” said the groups in their petition for rulemaking. “Without a regulatory subsidy from the federal government in the form of the Sports Blackout Rule, sports leagues would be forced to confront the obsolescence of their blackout policies and could voluntarily curtail blackouts.”

 

In a conference call with reporters in September, CBS Sports chairman Sean McManus (Black Rock carries American Football Conference games) said not to look for the NFL to lift its broadcast blackout rule anytime soon. A reporter opining over the number of blackouts for the Jacksonville Jaguars’ and Tampa Bay Buccaneers’ games — broadcasts are blacked out locally if the stadium is not sold out 72 hours before game time (with a few exceptions) — asked whether McManus thought NFL commissioner Roger Goodell might be open to modifying the policy.

 

McManus said that the league and the commissioner have been “pretty insistent” that the rule, over the course of its lifetime, has been good for the league, its broadcast partners and the teams. He said Goodell has been pretty firm in his commitment that “you don’t make adjustments in the short term.” The issue has come up as the down economy took a toll on attendance, particularly for struggling teams.

 

McManus said he, too, thought the blackout rule has been effective “by and large,” and said he does not think the NFL has any intention of lifting it.

 

* * * * * *

So even if the current petition is successful, and the FCC abolishes its existing rule, the NFL will remain free to seek contractual blackout restrictions in all of its deals that grant any right to broadcast NFL games. Given how much negotiating power the NFL has in such deals (as evidenced by the ever-increasing rights fees), I don't expect blackouts to end any time soon.

[ICanSleepWhenI'mDead]

Thought this article about the "Sports Fan Coalition" (one of the 5 groups petitioning the FCC) was kind of interesting:

 

http://www.nytimes.com/2010/10/23/sports/23lobby.html?adxnnl=1&adxnnlx=1326823327-C9NnTS6mVPIurDOhJUO9vw&pagewanted=1

 

A short excerpt:

 

WASHINGTON — Brian Frederick might be the country’s most important sports fan, but he rarely wears the colors of his favorite teams or can be heard cheering them on.

 

Frederick, a boyish and lanky 35-year-old, was dressed in a charcoal-gray suit and a tie on a recent weekday. Between meetings with F.C.C. commissioners and the National Taxpayers Union, he sat in a soundproof studio of Sirius XM. He was a guest on a sports talk show, cheerleading through a microphone to an unseen audience.

 

“We’re fighting to give fans a voice in public policy issues,” Frederick said.

 

That is part of his stump speech as the newly named executive director of a year-old nonprofit interest group, the Sports Fans Coalition. Frederick’s mission: to find (the easy part) and organize (the hard part) a diverse and unwieldy group of dedicated but often disenfranchised people known as American sports fans and turn them into a unified, political power.

 

“A lot of people say they don’t think that sports and politics should mix,” Frederick said. “Well, they’re already mixed. And fans are the ones without a spot at the table.”

 

Frederick spent much of the past week railing about the bitter contract negotiations between Fox and Cablevision. Thousands of households were greeted by blank screens instead of N.F.L. and baseball playoff games on Sunday because the sides could not agree.

 

As Brad Blakeman, a founder of the Sports Fans Coalition, put it: “The fan gets treated like a fumbled pigskin, instead of like the source of all wealth, which it is.”

 

There's quite a bit more about the Sports Fan Coalition in the link.

[Mr. WEO]

The contract between the private companies (NFL and Networks) also involve the the public airwaves regulated by the FCC. The FCC has promulgated rules for language and decency guidelines for a very long time. The networks are required to abide by them. The FCC is not an omnipotent authority in all matters related to the airwaves. There are court rulings that they have to factor in when they establish their guidelines.

 

You are twisting the issue when you postulate that the private companies are being compelled to offer their product for free. That is not the case. The NFL is making a ton of money with their contract with the networks regardless if they are compelled to have/not have blackouts. There is nothing inappropriate with having the league and networks guided by FCC regulations when using the public airwaves.

That the NFL is making a ton of money isn't an argument against the fact that they would be forced to give their product to more people for free. Also not at issue is language and decency--so I'm not sure what regulations the LEague is in violation of.

 

But if there is no blackout, then why shouldn't every game be available to anyone every weekend? It's all paid for already, right? What about "public bandwith"? Will we be able to stream any game we want without paying a fee?

[JohnC]

That the NFL is making a ton of money isn't an argument against the fact that they would be forced to give their product to more people for free.

 

The broadcasting of games is on the public airwaves. What is so unusual that an entity such as the FCC establishes ground rules regulating the broadcasts.

 

There isn't a profession (legal; medical; exterminators; banking and finance; beauty parlors; marijuana establishments; drug stores; airlines; auto industries; builders; swimming pool facilities; legal whore houses; gambling establishments; cruise ships; food establlishments etc.) that isn't regulated by some government entity.

 

But if there is no blackout, then why shouldn't every game be available to anyone every weekend? It's all paid for already, right? What about "public bandwith"? Will we be able to stream any game we want without paying a fee?

 

I don't understand what you are getting at. The rules aren't made by fiat. They are debated internally and externally with the interested parties given the opportunity to influence the rule making. With respect to streaming games new technologies call for additional examination and input before deciding on the guidelines. As I'm sure you are very aware even the wild wild west mentality of the internet has some rules.

[CSBill]

I have no problem with the current rule, as long as no public money went into the building of the stadium or other team-related events.

 

If public money was used, I think people should have access to the game --- not unlike asking for city council minutes.

 

 

That is exactly the point, how much public money is used by the NFL to build stadiums, lost in tax break, etc.,? . . . Hopefully, the FCC puts an end to this corrupt system soon.

[Mr. WEO]

The broadcasting of games is on the public airwaves. What is so unusual that an entity such as the FCC establishes ground rules regulating the broadcasts.

 

There isn't a profession (legal; medical; exterminators; banking and finance; beauty parlors; marijuana establishments; drug stores; airlines; auto industries; builders; swimming pool facilities; legal whore houses; gambling establishments; cruise ships; food establlishments etc.) that isn't regulated by some government entity.

 

 

 

I don't understand what you are getting at. The rules aren't made by fiat. They are debated internally and externally with the interested parties given the opportunity to influence the rule making. With respect to streaming games new technologies call for additional examination and input before deciding on the guidelines. As I'm sure you are very aware even the wild wild west mentality of the internet has some rules.

No one is saying the FCC shouldn't have "ground rules", but your examples about language and content have nothing to do with the issue of blackouts--nor does pointing out that the government regulates or licenses various professionals (for reasons of consumer safety, etc). We are talking about the FCC telling a company how it must handle its copywrited material.

 

It's hard to believe you just said that government regulatory entities don't rule by fiat. It's exactly what they do by definition. They are headed by unelected officials who may solicit your opinion and that of the public but are free to ignore it completely. They often are not under ongressional control or review.

[BillsWatch]

Now Ralph will complain that he is at even more of an competitive disadvantage, and he will trade all our first 4 rounds of draft choices every year because we can only afford 5-7 rounds, and undrafted free agents.

 

Fortunately Ralph does not play in your Kindergarten fantasy GM league.

[Hammered a Lot]

You are a nice guy and run a great lot, but that was sprinkled with horse ****.

 

As to all the concession workers etc. that support their families. Please. We are talking about 7 regular season games a year for people earning minimum wage for the 6 hours or so a game.

 

Horse....Hair? I did not mean this is their only source of income. This is supplementary income. I have stadium workers walking by my house at 5am in the morning game days. 5am what would you like to be doing at 5am on a Sunday? On a side note I can tell how the job market/economy is in WNY by a simple method. When the 5 cent beverage recyclers/canners come picking up at Hammer's Lot the Economy is good because they leave bottles/glass.

Ecomony bad they pick up everything.

 

I think if the Bills are forced to show all their games on TV, it will have a bad ripple effect on the future of the Bills in WNY. Lack of Corporate sponsorship money,suites, oh wait their are alot of corporatations in Toronto and in other cities. WNY and PSL's yea right, WNY is a $20 town, Toronto financial center of Canada. If the bills increase ticket prices why buy them I can watch them on TV. Depending on the FCC ruling I think this could play a huge part in the lease negotiations between the Bills and Erie County. Perhaps Democrate Congressman Brian Higgins, who by the way is up for reelection and is surprising in favor (votes)of a new FCC rule (less goverment??? and has not presented a rule blackout plan) will help in the lease negotiations! Horse ....puck?

Edited January 21, 2012 by Hammered a Lot

[Ramius]

No one is saying the FCC shouldn't have "ground rules", but your examples about language and content have nothing to do with the issue of blackouts--nor does pointing out that the government regulates or licenses various professionals (for reasons of consumer safety, etc). We are talking about the FCC telling a company how it must handle its copywrited material.

 

It's hard to believe you just said that government regulatory entities don't rule by fiat. It's exactly what they do by definition. They are headed by unelected officials who may solicit your opinion and that of the public but are free to ignore it completely. They often are not under ongressional control or review.

 

They arent forcing the NFL to give it away for free. This would allow for cable and satellite companies to show games that are blacked out. In essence, it would allow people who already pay to see the games to watch them.

 

Blacking out sunday ticket is bogus, because those subscribers have paid to see the game. Therefore they are no different than someone who purchases a ticket to see the game. Both parties paid to see it, therefore they should be allowed to see it.

[justnzane]

Guys the crux of the issue is that we pay taxes for a stadium for them to use. We subsidize them, and they make the majority of their money off of TV revenue. The local affiliates get screwed over when a game gets blacked out as well. If we subsidize each of these companies, they should have no right to completely shut out the public in the form of a black out. The NFL at most loses $20million/year due to unsold seats while they easily make that up in television contracts. It is criminal to suggest that everyone can afford $100/ticket, drink, food, and parking in these hard economic times. Thus the NFL really should learn to treat its customers better, much like MSG should.

 

 

 

/rant

[KD in CA]

1327199916[/url]' post='2368006']

Guys the crux of the issue is that we pay taxes for a stadium for them to use. We subsidize them, and they make the majority of their money off of TV revenue. The local affiliates get screwed over when a game gets blacked out as well. If we subsidize each of these companies, they should have no right to completely shut out the public in the form of a black out. The NFL at most loses $20million/year due to unsold seats while they easily make that up in television contracts. It is criminal to suggest that everyone can afford $100/ticket, drink, food, and parking in these hard economic times. Thus the NFL really should learn to treat its customers better, much like MSG should.

 

 

 

/rant

 

The answer to that is to NOT subsidize stadiums. The NFL should have the right to show their games anyway they want. We should have the right to lynch politicians in the public square for stealing our money and frittering it away.

[BillsRUs]

Make your voice heard. Tell the FCC to end sports blackouts through the sports fan coalition. My link .