Editorial: Blitzing the FCC

November 19, 2007

Wall Street Journal

Everyone knows the National Football League is full of tough guys, but that doesn't mean team owners are above whining to federal regulators when they don't get their way off the field.

The league is currently upset that its eponymous television channel, the NFL Network, isn't getting wide distribution on basic cable. Instead, Time Warner and Comcast want to offer the network as part of their less popular sports tier of programming. The first NFL Network game of the season is on Thanksgiving, and the cable firms show no signs of giving in to the league's demands. The industry maintains that the NFL is charging cable companies too much money for them to offer the network on their basic tier without increasing subscription rates.

Dallas Cowboys owner Jerry Jones, whose team plays twice this season on the channel, has taken to calling for pigskin fans to drop cable operators and switch to satellite television, which runs a special package of NFL games each week. Perhaps the very prosperous league would do better to negotiate more favorable carriage terms with Time Warner and Comcast, though we suppose Mr. Jones has every right to engage in a PR war if he thinks it'll help his bargaining position.

More troubling is the NFL's attempt to involve government regulators in what is essentially a commercial dispute. The league has taken its complaints to the Federal Communications Commission in hopes that the agency will force the hand of cable operators. A media campaign against cable is one thing, but seeking regulatory leverage in a private-sector dispute is unsportsman-like conduct. We trust the FCC knows the difference and will respond accordingly.

Other recent comments on the NFL Network issue:

I am concerned that interference by the FCC would provide the NFL Network with a government-conferred right to demand and receive carriage on any cable system. The only possible outcome would be higher costs to consumers.

Senator Arlen Specter, Ranking Member of the Senate Committee on the Judiciary

November 19, 2007 letter to FCC Chairman Kevin Martin

Fan and non-fan alike will suffer by losing more of their hard-earned money if Jones and the NFL Network prevail. The network wants to charge cable operators hundreds of millions of dollars to broadcast only eight of the more than 250 games being played all season. The network wants all cable customers to pick up this cost, but cable operators rightly argue that only those who actually want to watch the games should pay...Jones and the NFL Network are like anti-Robin Hoods, robbing the poor to benefit wealthy team owners.

C. Bruce Deramus, Chairman of Concerned Taxpayers of Arlington

November 16, 2007, Austin American-Statesman

But the NFL Network stalemate has the league running to legislators and regulators to compel cable operators to carry a channel whose lead attraction is eight games that start on Thanksgiving — games that before the 2006 season were seen Sundays on CBS or Fox (some nationally, some regionally) and ESPN (nationally). The scarcity of games lets cable operators say they carry enough. 248 on CBS, Fox, NBC and ESPN.

November 14, 2007, New York Times