Generic Green Bay Packers game, Lambeau Field. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) — The Green Bay Packers are concerned and confused about potential changes to the Sports Broadcasting Act, which the team maintains could have devastating impacts for its long-term future.
A congressional report released Monday suggests the NFL should make changes on its own before the courts or Congress force it to.
The Packers credit the Sports Broadcasting Act of 1961 for why it can be competitive on and off the football field. The law allows the NFL to collectively negotiate its TV deals and share the revenue.
Without this law, Green Bay would be up against the likes of New York and Los Angeles to strike TV deals. That possibility is why the Packers continue to ask what Congress plans to do, as it has been reviewing the 65-year-old law for the past 10 months.
“It’s almost like there’s a solution being floated out there for a problem that really doesn’t exist in many respects,” said Director of Public Affairs Aaron Popkey.
The 27-page House Judiciary Committee report claims the NFL hasn’t been following the law’s antitrust exemption while inflating prices for consumers.
Much of the report’s focus is on the NFL Sunday Ticket TV package, which has a starting price of $276. The report claims the league rejected an ESPN offer to sell the Sunday Ticket for $70 because it would have been too affordable. It also claims the NFL rejected a team-by-team TV product, forcing consumers to buy Sunday Ticket, even if they only want to watch one team’s games.
An NFL spokesperson said in a statement:
We are confident that the SBA has worked for fans, NFL clubs and our broadcast partners. Our media policies have always been consistent with the SBA.
The Committee report included several aspects of the plaintiffs’ case in the Sunday Ticket trial, but none from the NFL’s position. Those were litigated in federal court. The NFL prevailed before the trial court and that case is now on appeal. We will not comment further on ongoing litigation.
NFL Executive Vice President Jeff Miller said 87% of NFL games are available on a free broadcast network, with 100% of games available for free in the competing teams’ home markets.
“How we would come up with or devise an even better, more fan-friendly plan, I’m not aware of,” said Miller. “So, why Congress is taking a look at it — it’s a bit of a question for us.”
Miller particularly questions the motives of Rep. Scott Fitzgerald, a Republican who represents Wisconsin’s 5th Congressional District, considering the potential implications for the Packers. Fitzgerald chairs a House Judiciary subcommittee that is holding a hearing on the Sports Broadcasting Act Wednesday.
Popkey said the team has also been asking the lawmakers for specific plans.
“Haven’t seen any details as to what things could look like, and that remains to be the concern,” said Popkey.
In April, Fitzgerald posted on X, saying the investigation is “to know whether the major sports leagues were distorting what broadcasting may be permissible under its antitrust exemption.” He added, “Wisconsin sports fans should have access to their teams’ games without having to pay for multiple cable and streaming packages.”
Fitzgerald represents a district in the Milwaukee TV market, which is considered a Packers home market, along with Green Bay.
Rep. Tony Wied, R-8th District, sent a letter to House Committee Chairman Jim Jordan in April, urging the committee to preserve the core protections of the Sports Broadcasting Act. 20 other members of Congress signed that letter.
The House Judiciary Committee invited NFL Commissioner Roger Goodell to participate in the upcoming hearing.
He declined, with the league’s attorney citing ongoing litigation. The attorney also stated the league has answered questions and will continue to do so.
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