NFL Commissioner Roger Goodell has declined an invitation to testify before Congress next week, as the Justice Department investigates the league's broadcast agreements and concerns mount over its use of paywalled streaming services for games.
Presidential Criticism
President Donald Trump recently launched a sharp critique of the NFL, asserting that the league is 'killing the golden goose.' He remarked, 'It's tough. You've got people that love football. They don't make enough money to go and pay for this... there's something very sad when they take football away from many, many people. Very sad. I don't like it.'
Congressional Hearing Snub
Goodell declined to appear at a House Judiciary Committee hearing scheduled for June 10, citing 'ongoing litigation related to the topic of the hearing,' according to a league statement to committee chairman, Republican Congressman Jim Jordan. The NFL traditionally broadcasts games on free-to-air networks like CBS, NBC, FOX, and ABC, but streaming platforms such as Netflix, Amazon Prime Video, and Peacock have increasingly secured rights.
Jordan is among several lawmakers who have voiced concerns about the rising costs for fans to watch NFL games. Questions have also emerged regarding whether the league's streaming deals comply with the Sports Broadcasting Act of 1961, which grants the NFL a limited antitrust exemption applicable only to broadcast networks. Courts have previously ruled that the law does not extend to cable, satellite, or streaming services. There is bipartisan support for updating the legislation.
Justice Department Investigation
This spring, the DOJ began probing the NFL for potential anticompetitive practices related to its broadcast deals. In a letter to Jordan, the league's general counsel, Ted Ullyot, stated that 87 percent of games this season will be available over the air, and every game in home markets of competing teams will air on broadcast television. He noted that the increase in streaming games corresponds with a slight decrease in cable broadcasts.
Ullyot wrote, 'The NFL's decision to license a few more games to widely adopted streaming services is simply a reflection that those platforms now offer significantly more reach than the current pay TV ecosystem and that broadcast television remains the foundation of our media distribution.'
Congressional Support
The league also sent a letter to Jordan signed by 21 members of Congress urging caution regarding any changes to the broadcasting law. Ullyot's letter argued that the Sports Broadcasting Act helps maintain competitive balance by supporting 'broad media distribution, substantial revenue sharing among the clubs, and a collectively bargained salary cap.'
'If the league were not to handle media distribution as it has since the passage of the SBA,' the letter continued, 'the result would be to harm NFL fans through increased cost and confusion and the undermining of the competitive balance that makes NFL games so exciting.'
