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The FCC Will "Reconsider" the NFL's Blackout Rule This Offseason

CINCINNATI, OH - NOVEMBER 27:  Jermaine Gresham #84 of the Cincinnati Bengals jumps over Eric Hagg #84 of the Cleveland Browns to catch a pass and make a first down at Paul Brown Stadium on November 27, 2011 in Cincinnati, Ohio.  (Photo by Tyler Barrick/Getty Images)

Nowehere is the NFL's outdated "Blackout Rule" less popular than in Cincinnati. While the debate of ticket prices and reasons for lack of fan attendance at Paul Brown Stadium continue, the truth is that many loyal Bengal fans in the greater Cincinnati area are punished by the NFL and are not able to watch home games on TV. Never were the cries heard louder in Cincinnati about the blackouts than in 2011, especially with the team having a success with surprise appearance in the playoffs.

You can debate all day as to whose fault it is for the lack of sellouts in Cincinnati, but the root of the blame starts with the NFL for having this rule in place. Well, according to Steve Watkins of The Business Courier, The Federal Communications Commission is currently "reconsidering" the NFL's unpopular blackout rule.

Star-divide

One of the figures leading the charge against the NFL and this rule is Ohio Senator, Sherrod Brown (we're fairly sure that he's not a member of "The Family"). As we touched on before, Brown was an advocate of eliminating this rule as it was in effect in the Cincinnati area for six of the eight weeks that the Bengals played a home game. Brown used the platform of "the loss of millions of dollars to the team and local TV stations" as his attack against the NFL.

Senator Brown's efforts seemed to have paid off, as the FCC is now involved:

Brown’s office said his urging prompted the FCC to say it will release a petition aimed at opening the sports blackout rule for public feedback. That’s the first move in the process to overturn the regulation. The NFL had 16 blackouts this season, down from 26 in 2010.

"We are one step closer to ending the blackout rule," Brown said in a news release. "Today, the FCC announced that it would begin taking public comment on the blackout rule, an outdated rule which is unfair to the teams, the fans, and especially the taxpayers. Although the Bengals season ended last week, I’ll keep fighting to repeal the blackout rule."

Again, of those 16 total blackouts this season, six were from the Bengals alone--and that doesn't include the miracle "two-for-one" effort that the Bengals front office put into effect for the final home game against the Ravens. That would have been blackout number seven, leaving the Pittsburgh game as the only true PBS sellout in 2011.

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Only 16 this season?

6 from the Bengals, at least a handful from Buffalo, and more from Jacksonville. I thought San Diego had issues every week, and Oakland too?

by Jcon77 on Jan 12, 2012 6:59 PM EST reply actions  

Jacksonville puts tarps over about 20,000 seats

And doesn’t count the seats, thus making it look like a sell-out. Even then, they can’t sell out. But I thought san Diego had blackouts, my cousin lives there and only saw a few games locally.

by redrifle14 on Jan 12, 2012 8:37 PM EST up reply actions  

The problem as I understand it (and my understanding may be wrong) is...

…the blackout rule isn’t a rule which allows the NFL to prohibit broadcast of games that don’t sell out.

What it does is force the NFL to broadcast games that do sell out.

Back in ye olden days, NFL teams didn’t broadcast any home games, whether they sold out or not. NFL owners objected to the whole “broadcast if sold out” idea because they thought if people thought they might see the game for free, they would wait to buy tickets to see if it sold out. That meant the owners didn’t get peoples’ money as quickly or as early. So by just saying, screw it, we aren’t broadcasting home games even if they do sell out, they would force people to buy tickets earlier and faster.

What’s needed is a new rule that would prohibit blackouts, period. But I don’t know how that would fare against a legal challenge the NFL would be sure to bring.

by BeerRun on Jan 12, 2012 7:10 PM EST reply actions  

I don't want games blacked out

but what legal basis is there for someone to say “you have to give away your product, even if not enough people pay for it”?

I’m no scumag shark filth stain bah..l a w y e r, but I think the only people that would have legal recourse would be the advertisers, depending on how their contract works.

by indesignkat on Jan 12, 2012 8:49 PM EST up reply actions  

could be worse

MLB is blacking out games 1700 miles away. (not kidding)

"the bengals are not a west of the 104 longitude team."

by palewook on Jan 12, 2012 7:38 PM EST reply actions  

you asked for it...The monkey will represent Senator Brown in this case

The same monkey that got us 2 for 1 in the Nati….Time to negotiate the blackout rule….

"In a battle between patience and power, patience always wins"

by ticalcaldwell on Jan 12, 2012 7:40 PM EST reply actions  

HAHA

Heck yea

AJ Green = Optimus Prime

by Helmsy on Jan 12, 2012 8:16 PM EST up reply actions  

I don't like the blackout rule

but I hate the FCC more than I hate the Ravens. They’re an abomination that are illegal, according to the constitution. No check or balance, no public vote, just a bunch of tools hand-picked by the president to circumvent our entire legal & judicial system.

by indesignkat on Jan 12, 2012 8:41 PM EST reply actions  

The blackout rule is just another way to screw over the fan.

I live in Ky, and its about a 2 hr drive to Cincy, and 2 hr drive back for the games. After gas, tickets, food its pretty hefty. I traveled to 2 games this yr, but normally 3. Punishing me for not buying season tickets and keeping me from watching the games I don’t travel to is a pretty shitty way to treat fans….

by redrifle14 on Jan 12, 2012 8:42 PM EST reply actions  

One way to help both sides

I’m a local Cincinnati resident and I think it’s BS that if I PAY!!! for NFL Sunday ticket I can’t WATCH the team I PAID to see, at the time of purchase a little screen should pop up that flags your account on what team you are paying to watch. This way if I pay the $335 dollars to get Sunday ticket I get to watch the game, the NFL gets money and all is happy. With NFL Live it’s also available for the PS3 so you no longer have to have DirecTV for service it seems like a win win all over.

by Bigtomstud84 on Jan 12, 2012 9:39 PM EST reply actions  

If the black out rule is overturned

how much money will the NFL lose due to HDTV?

by Bengalsfan024 on Jan 13, 2012 9:08 AM EST reply actions  

It won't stop me from going to the games.

Right now I get to about 2-3 games a season, which is about what I can afford. I love the atmosphere, so it won’t stop me going. But, it would be nice to know that I can still watch my team on TV when I can’t make it down to the stadium.

by Ben-GAL on Jan 13, 2012 10:04 AM EST reply actions  

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