Federal Communications Commission Chairman Brendan Carr said the NFL's negotiations for streaming rights raise questions about its antitrust exemption under the Sports Broadcasting Act of 1961, which allows the league to negotiate collective television contracts.[1][2]
Speaking at a Free State Foundation event in Washington, D.C., on February 20, 2025, Carr asked: "Does the NFL still benefit from the antitrust exemption when they’re negotiating for carriage of games not on a sponsored telecast, but on a streaming service? That’s a very live, very ripe question."[3]
Carr added that there is "a point at which you sort of tip the scale, and they’ve just put too many games behind a paywall, and then that whole exemption collapses."[3][4]
The exemption stems from a 1961 law that permits the NFL to sell broadcast rights collectively, provided certain conditions are met, including making games accessible to the public.[1][5]
To watch the full NFL regular-season slate via streaming services, fans require multiple subscriptions. These include YouTube TV's NFL Sunday Ticket for out-of-market Sunday afternoon games ($349 season price in 2024), Amazon Prime Video for Thursday Night Football, Peacock for select NBCUniversal games including playoffs, and Netflix for Christmas Day games.[6][7][8][9]
Annual costs for these services can exceed $1,000, excluding taxes, fees and broadband expenses.[4][6]
The NFL's current 11-year media rights deals, running through the 2033 season, distribute games across broadcast networks CBS, Fox, NBC and ESPN/ABC, as well as streaming platforms.[10]
In January 2025, the FCC adopted a notice of proposed rulemaking seeking public comment on the shift of live sports from broadcast television to streaming platforms. Comments were due March 3, 2025, with reply comments due March 20, 2025.[11]
The NFL did not immediately respond to Fox News Digital's request for comment.[4]
Sources
- Publisher: U.S. Congress, Title: "H.R.9901 - Sports Broadcast Act of 1961", Publication date: 1961-09-30, Direct URL: https://www.congress.gov/bill/87th-congress/house-bill/9901
- Publisher: Wikipedia, Title: "Sports Broadcasting Act of 1961", Publication date: Accessed 2025-02-25, Direct URL: https://en.wikipedia.org/wiki/Sports_Broadcasting_Act_of_1961
- Publisher: Semafor, Title: "FCC chair Brendan Carr puts NFL’s antitrust exemption in the spotlight", Publication date: 2025-02-20, Direct URL: https://www.semafor.com/article/02/20/2025/fcc-chair-brendan-carr-puts-nfls-antitrust-exemption-in-the-spotlight
- Publisher: Fox News, Title: "FCC chair Carr warns NFL's move to streaming could jeopardize antitrust exemption", Publication date: 2025-02-21, Direct URL: https://www.foxnews.com/sports/fcc-chair-carr-warns-nfls-move-streaming-could-jeopardize-antitrust-exemption
- Publisher: Justia, Title: "15 U.S. Code § 1291 et seq. - Sports broadcasts", Publication date: Accessed 2025-02-25, Direct URL: https://law.justia.com/codes/title-15/1291/
- Publisher: YouTube TV, Title: "NFL Sunday Ticket", Publication date: Accessed 2025-02-25, Direct URL: https://tv.youtube.com/learn/nflsundayticket/
- Publisher: NFL, Title: "Amazon Prime Video to Present Exclusive Thursday Night Football for 2023-2033 Seasons", Publication date: 2024-03-12, Direct URL: https://www.nfl.com/news/amazon-prime-video-to-present-exclusive-thursday-night-football-for-2023-2033-seasons
- Publisher: Netflix, Title: "Netflix to Present Exclusive Live NFL Games on Christmas Day", Publication date: 2024-05-14, Direct URL: https://about.netflix.com/en/news/netflix-nfl-christmas-day-games
- Publisher: NBC Sports, Title: "Peacock to Stream Exclusive NFL Playoff Game for Third Straight Year", Publication date: 2024-11-05, Direct URL: https://www.nbcsports.com/nfl/profootballtalk/rumor-mill/news/peacock-will-stream-this-weekends-afc-wild-card-game
- Publisher: NFL, Title: "NFL reaches long-term media agreements", Publication date: 2021-11-11, Direct URL: https://www.nfl.com/news/nfl-reaches-long-term-media-agreements-through-2033-season
- Publisher: FCC, Title: "FCC Seeks Comment on Live Sports Programming Distribution", Publication date: 2025-01-30, Direct URL: https://www.fcc.gov/document/fcc-seeks-comment-live-sports-programming-distribution
