NYSBA Supports Keeping Sports on Broadcasting

The broadcast of live sports has been a key factor in the economic viability of local broadcasting.  Unfortunately, major professional sports are increasingly shifting to pay streaming services.  From a consumer standpoint, it has become increasingly difficult and costly to find your favorite team on numerous subscription streaming services. 

A recent article in Consumer Reports noted that to see all the Yankees games, a consumer would have to access 10 different networks and 5 (if you include YES) pay services.  A package of Yankee games that used to appear on WPIX-TV shifted to Amazon. The NFL has moved games to Netflix. 

To combat this trend, NYSBA is looking at multiple federal and state options.  There are no easy solutions.

Congress Should Reexamine the 1961 Sports Broadcasting Act

The Sports Broadcasting Act allowed a major sports league to bargain collectively on behalf of the teams in the league by exempting the leagues from the federal antitrust laws.  This was done so a league would be able to negotiate with broadcast networks and provide the games to consumers over free, broadcast television stations.

Times have changed. Today, the leagues are using the 1961 Sports Broadcasting Act to move sports packages away from free over the air broadcasting to subscription based streaming services.  The antitrust exemption in the 1961 Sports Broadcasting Act was never intended to move games behind a pay wall.  We support NAB’s efforts to have Congress reexamine how this act is being used today.

NYSBA has joined with other state broadcasting associations and asked Congress to review the current antitrust exemption granted in the 1961 Sports Broadcasting Act.  You can see the most recent statement signed by all state broadcasters here.

New York State Legislation: No Cost Sports Broadcast Act (A.6968)

This legislation requires the distribution of games to no-cost media services where a team or league has received government funding, tax breaks or other government benefits.  Under the legislation, the sports entity (team or league) responsible for sports rights must make sure that games played at a government subsidized facility are made available to consumers on no-cost media outlets.  This applies to consumers living in the county or surrounding counties in which the government subsidized stadium or sports facility is located. 

The logic of the bill is straight forward.  Through their tax dollars, consumers help subsidize a sports team’s stadium, and they should not have to pay twice to watch their favorite team on television.  NYSBA supports the idea as it would help keep games of broadcast television and radio.  The legislation was introduced late in the session by Assemblyperson Clyde Vanel (D NY 33 Queens).  It will be reintroduced next session.

You can see the text of the legislation here.

You can see our memo supporting the legislation here.