Following Sen. Brown's Urging, FCC Unanimously Votes to Eliminate NFL Blackout Policy

Brown Fought for Fans, Continued to Urge FCC to Change Blackout Policy

WASHINGTON, DC – Following U.S. Sen. Sherrod Brown’s (D-OH) urging, the Federal Communications Commission (FCC) voted unanimously today to eliminate the Sports Blackout Rule, a 1970s-era regulation which allows the NFL to black out broadcasts of a local sports game when the game does not meet a sellout threshold. Last month, Brown urged the FCC to eliminate the Sports Blackout Rule. And at the urging of Brown, the FCC last year released a petition calling for the agency to open the Sports Blackout Rule for public feedback, which was the first step in repealing the regulation. 

“This is excellent news for fans and taxpayers across Ohio and across the country,” Brown said. “The FCC did the right thing by voting to eliminate the NFL’s antiquated blackout rule. Even though the NFL is the world’s most profitable sports league, it has imposed blackouts at the expense of loyal fans. This is unacceptable at a time when the price of attending games continues to rise and the economy is not yet where it needs to be. Now fans know that their loyalty—and tax money—can’t be taken advantage of.”

The NFL is the world’s most profitable sports league; the average game this season has attracted 16.8 million viewers; and 19 of the 20 most watched television programs have been NFL games. Despite this, blackouts have kept fans in Ohio and across the country from watching their home team. In the home stadiums for the Cleveland Browns and Cincinnati Bengals, the NFL would enforce local blackouts if at least 85 percent of seats were not filled within 72 hours of kickoff. This is despite Paul Brown Stadium costing local taxpayers $450 million and the City of Cleveland being required to contribute $850,000 a year to the repair budget for FirstEnergy Stadium.

Brown continued to fight on behalf of fans and taxpayers. In July 2012, Brown urged the league to remove the financial penalty for teams that choose to air games that have not sold out. Brown joined U.S. Rep. Brian Higgins (NY-27) in writing a letter to FCC Chairman Wheeler expressing concerns about the recent-announcement and calling for revision of the blackout policy.

Brown’s November letter to the FCC can be read in its entirety below:

The Honorable Tom Wheeler


Federal Communications Commission                                                                                            

445 12th Street SW, Washington, DC 20554

Dear Chairman Wheeler:

I would like to thank the Federal Communications Commission (FCC) for reexamining its current blackout rules for National Football League (NFL) games. The blackout rule is an outdated vestige, and I ask that the FCC strongly consider revising this rule.

When the NFL blackout policy was adopted roughly 40 years ago, NFL franchises were concerned that broadcasting local games would hinder attendance and gameday revenue. But the economic realities for teams and their fans have changed drastically since 1973. Meanwhile, the National Football League is the most profitable sports league in the world. This season, the average game has attracted 16.8 million viewers, and 19 of the 20 most watched television programs have been NFL games. But every season, blackouts keep fans across the country from watching their home team.

According to media reports, in the 2012 season, television contracts brought in double the revenue of ticket sales and contributed substantially to teams’ average $1.1 billion worth. Just as teams are making more from their broadcasts, attending games has become less affordable for local fans. The average NFL ticket now costs $82, an increase of 3% over the 2012 season and more than double 1993 ticket prices.

In July 2012, I wrote to NFL Commissioner Roger Goodell asking the League to revise its blackout policy. As you know, the NFL continues blackouts of games in a team’s home market when ticket sales do not meet a set threshold 72 hours before the game begins.  Yet, due to the League’s popularity among fans, the blackout only affected 15 games last season. While the effect on those fans is great, the blackout’s impact on League finances is small. 

Sports fans make significant financial investments in their home teams through local, county, and other taxes and should not be denied access to a local game because they cannot afford tickets. As the FCC considers revising the current blackout policies, it should carefully weigh the economics of game attendance for sports fans and the changing financial interests of professional sports teams.      

The current blackout policy does not serve taxpayers, sports fans, or networks. I urge the FCC to act immediately to ensure that sporting events remain accessible to millions of supportive fans. 



  Sherrod Brown                                                                        Brian Higgins

  United States Senator                                                              Member of Congress