The NFL declined an invitation to testify at Wednesday’s Congressional subcommittee hearing on the Sports Broadcasting Act of 1961. NFL Executive Vice President Jeff Miller shares the league’s reasoning for the decline framing the hearing was slanted and unbalanced from a witness standpoint.
What We Know: Today, the House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust convened a hearing titled “Examining the Sports Broadcasting Act.” The hearing examines the SBA’s effect on the modern broadcast market for major sports leagues. Specifically how professional sports distribution has evolved since the law’s passage 65 years ago. Witnesses testifying include OutKick Founder Clay Travis, and Tailgators Pub and Grill founder Jim Hallers. Also National Association of Broadcasters CEO Curtis LeGeyt, and Anna Gomez, Commissioner, Federal Communications Commission. Yet, no league representatives were present for the hearing. NFL Commissioner Roger Goodell was invited to testify. However, he declined participation last week.
What They Said: NFL Executive Vice President of communications, public affairs and policy Jeff Miller on why the NFL declined to testify at a Congressional hearing on the Sports Broadcasting Act of 1961 (via CBS 58 Milwaukee):
“This panel, led by Congressman [Scott] Fitzgerald, who’s right there in Wisconsin, has witnesses solely on one side of the issue. There is no effort. We’ve offered many witnesses, and there’s no effort to have a balanced group.
We’ve talked to the committee numerous times about our policies. They, as represented in the report that they issued yesterday [Monday], have a totally slanted and biased view of the Sports Broadcasting Act. Many of the issues raised in there are not even relevant to the antitrust exemption that’s covered. So, we know where the committee is coming from on this. I don’t know why a subcommittee chairman who represents the people of Wisconsin would be interested in doing arm to the Sports Broadcasting Act. But that’s where we are.”
What Remains Unclear: According to the New York Times, NFL General Counsel Ted Ullyot previously told House Judiciary Chairman Jim Jordan that Commissioner Roger Goodell would not appear “due to ongoing litigation related to the topic of the hearing.” Still, it remains unclear whether the league’s absence strengthens or weakens its position as lawmakers consider legislative changes. Congress is also examining whether the NFL stretched the SBA’s antitrust exemption beyond its original purpose, to the detriment of American consumers.
What It Means: The NFL’s no-show signals a deliberate strategy. Instead of engaging a subcommittee it views as one-sided, the league opted to make its case publicly. Instead of through sworn testimony. The SBA does not clearly protect cable, satellite, streaming, or subscription products. In addition, the rising costs of which have drawn consumer complaints and government scrutiny. Currently, the DOJ, FCC, and Congress all examining the league’s broadcast practices simultaneously. The stakes of this fight extend well beyond just this hearing.
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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.
