Congress Calls on Roger Goodell to Address NFL Broadcasting Practices

Federal scrutiny of the NFL's broadcasting agreements continues to escalate. On Monday, Rep. Jim Jordan (R-OH), the chairman of the House Judiciary Committee, formally requested that NFL Commissioner Roger Goodell appear at a committee hearing scheduled for June 10. The hearing will focus on the league's media rights practices, as reported by Dan Murphy of ESPN. This attention comes amid concerns over the increasing fragmentation of live sports broadcasts across multiple platforms, which has led to higher costs for viewers.

The inquiry centers around the Sports Broadcasting Act of 1961, which provides a limited antitrust exemption allowing leagues to bundle games and negotiate broadcast deals collectively rather than having individual teams sell their rights. A key issue is whether this legislation, created before the rise of cable, satellite, and streaming services, is still applicable to the current broadcasting landscape.

In early 2023, the Department of Justice initiated an investigation into the NFL’s business practices, questioning whether they have adversely affected consumers. This investigation followed FCC Chairman Brendan Carr's own call for public comment on the issue of sports broadcast fragmentation. Lawmakers are also taking action, with Senator Tammy Baldwin (D-WI) proposing a bill to ensure fans in a team's home state can access all game broadcasts for free. Senators Elizabeth Warren (D-MA) and Mike Lee (R-UT) have urged the FCC and DOJ to address these concerns.

The NFL defends its current broadcasting model, claiming that about 87% of its games are available on free, over-the-air television. While all games are accessible for free in local markets, the actual availability may vary significantly, with only a third of games being broadcasted freely in overlapping Sunday windows. This remains a better ratio compared to other sports leagues, which often reserve the majority of their games for pay-TV or streaming services.

Previously, the Senate Commerce Committee held a hearing on the issue of sports fragmentation and invited representatives from all major North American sports leagues. The NFL, however, declined to participate. "We invited the NFL, they declined to come. I wish they had come," remarked Senator Ted Cruz (R-TX), who leads the committee. Now, Goodell is set to represent the league in front of Congress, accompanied by OutKick founder Clay Travis and potentially another witness.