Senators Criticize N.F.L.
For Favoring League’s Cable Network
 
October 29, 2008
New York Times (NAT)
By Greg Bishop & Lynn Zinser
 
A group of United States Senators, led by Arlen Specter, sent N.F.L. Commissioner Roger Goodell a letter Tuesday expressing their continued disappointment over the league’s policy of showing games exclusively on the N.F.L. Network. The letter, obtained by the New York Times, was signed by 13 Senators, including Specter, a Republican from Pennsylvania who has criticized Goodell on numerous issues including the New England Patriots’ spying case. Specter has repeatedly called for the N.F.L. to keep its games available to as many viewers as possible over free television, rather than favoring its own cable network.

The letter begins by lauding the N.F.L. for agreeing to let two networks simulcast last year’s regular-season finale between the Giants and the Patriots, noting that a reported 34 million people watched. The game was originally scheduled to be broadcast only on the N.F.L Network, available only to 43 million cable and satellite subscribers, and over-the-air only in the teams’ home markets, but a deal was struck to also show it nationally on N.B.C. and C.B.S.

“We are disappointed that, rather than building on this success, the N.F.L. will return to restricting games,” the letter read, in part. “That the N.F.L. would choose to have fewer viewers for select games again this year is an indication of its interest in moving toward a pay television model.”

When asked for comment, an N.F.L. spokesman said the league would respond on Wednesday.

The letter goes on to say that Congress “facilitated the nationwide broadcast success of the N.F.L.” through its antitrust exemption. The letter also notes that the N.F.L. testified before the Senate Judiciary Committee in 2006 that games are provided on pay television in the home cities of competing teams. The Senators consider that interpretation of the policy too narrow.

“The N.F.L. leaves behind N.F.L. fans across the country simply because they live outside cities to which the N.F.L. has granted franchises,” the letter says. “Ultimately, it may be for the courts to determine whether the N.F.L. teams are using the N.F.L. Network to restrict the output of game programming in a manner that violates anti-trust laws.” The N.F.L. Network has been embroiled in disputes since it was launched in 2003. Major cable providers like Time Warner, Cablevision and Charter do not carry it and Comcast makes it available only on a higher-cost sports tier and not part of its basic package. Comcast has been involved with two lawsuits against the league.

Comcast, based in Philadelphia, has been a campaign supporter of Specter.

The N.F.L. Network begins its exclusive Thursday night games on Nov. 6. The Jets play the Patriots in the Thursday game on Nov. 13.

http://www.nytimes.com/2008/10/30/sports/football/30specter.html