Fox News contributor and radio host Clay Travis brought a pointed argument to Capitol Hill today. He told lawmakers the NFL is violating the Sports Broadcasting Act of 1961 by placing games behind streaming paywalls.
What We Know: The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust convened Wednesday to examine how the Sports Broadcasting Act has impacted the broadcast market for sports leagues. Specifically, the hearing focused on whether the antitrust exemption created by the SBA has been used by professional sports leagues to harm consumers and whether legislative remedies may be needed. The House Judiciary Committee also released a report this week. It claimed the NFL’s television rights structure and revenues is a house of cards built on an overstretched antitrust exemption. Notably, Commissioner Roger Goodell declined to appear, leaving Travis as the hearing’s most prominent witness.
What They Said: Clay Travis on the misnomer of the NFL’s 87% games on OTA television statement: “The NFL is going to argue that 87% of their games are still free. That still means that they’re violating the law with 13% of the games that they are putting behind streamers. It also means that the reality is, if you look at your individual constituents, none of them are getting 87%. Buffalo Bills, great new stadium opening, $850 million in taxpayer funds. Their very first home game is on a Thursday on Amazon. Most of the taxpayers in the state of New York who paid for that stadium are not able to watch for free a Buffalo Bills home opener. That’s wrong. You guys have an important responsibility and an opportunity to apply the law fairly, freely, and help fans everywhere across the entire nation pay less and get more.”
What Remains Unclear: Courts have previously ruled the SBA exemption does not apply to cable, satellite, or streaming. However, whether Congress will act to formally strip or restrict the NFL’s antitrust exemption remains an open question. FCC Commissioner Anna Gomez noted that any meaningful update to the Sports Broadcasting Act requires legislative action, not agency intervention.
What It Means: The NFL’s growing reliance on streaming is now firmly in Congress’s crosshairs. Travis’s Buffalo Bills example gave lawmakers a tangible, constituent-level illustration of the problem. If Congress agrees the 13% figure represents a legal violation of the SBA, the NFL’s entire media rights structure could face its biggest challenge in many years.
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John Mamola is Barrett Media’s sports editor and daily sports columnist. He brings over two decades of experience (Chicago, Tampa/St Petersburg) in the broadcast industry with expertise in brand management, sales, promotions, producing, imaging, hosting, talent coaching, talent development, web development, social media strategy and design, video production, creative writing, partnership building, communication/networking with a long track record of growth and success. He is a five-time recognized top 20 program director in a major market via Barrett Medi’s Top 20 series and has been honored internally multiple times as station/brand of the year (Tampa, FL) and employee of the month (Tampa, FL) by iHeartMedia. Connect with John by email at John@BarrettMedia.com.
