Sports Broadcasting Act of 1961
 | This article needs additional citations for verification. (February 2014) |
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| Other short titles | Act of September 30, 1961 |
|---|---|
| Long title | An Act to amend the antitrust laws to authorize leagues of professional football, baseball, basketball, and hockey teams to enter into certain television contracts, and for other purposes. |
| Acronyms (colloquial) | SBA |
| Enacted by | the 87th United States Congress |
| Citations | |
| Public law | Pub. L. 87–331 |
| Statutes at Large | 75 Stat. 732 |
| Codification | |
| Acts amended | Sherman Antitrust Act |
| Titles amended | 15 |
| U.S.C. sections created | 15 U.S.C. §§ 1291–1295 |
| Legislative history | |
| |
The Sports Broadcasting Act of 1961 affects Title 15 of the United States Code, Chapter 32 "Telecasting of Professional Sports Contest" (§§ 1291-1295)[1] The act amended antitrust laws to allow, among others, sports leagues to pool the broadcasting rights by all their teams and sign league-wide exclusive contracts with national networks.
Overview
[edit]The Sports Broadcasting Act was passed in response to a U.S. District Court decision which ruled that the National Football League's method of negotiating television broadcasting rights violated antitrust laws.[2][3] The court ruled that the "pooling" of rights by all the teams to conclude an exclusive contract between the league and CBS was illegal.
The Act overrules that decision, and permits certain joint broadcasting agreements among the major professional sports. It recognizes the fact that the various franchises in a sports league, while competitors in the sporting sense, are not as much business competitors as they are interdependent partners, whose success as enterprises is intertwined, as a certain level of competitive balance between them must exist for any of them to remain viable enterprises. Therefore, it permits the sale of a television "package" to a network or networks in which the league members share equally, a procedure which is common today. Of the four major North American professional team sports, the Act is most pertinent to the NFL, as all of its regular-season and playoff games are broadcast via the rights assigned to the networks via national broadcast rights packages, as opposed to local team broadcast rights as found in the other leagues.
The law has been interpreted to include the so-called "blackout rules" which protect a home team from competing games broadcast into its home territory on a day when it is playing at home, and from being required to broadcast games within its home market area that have not sold out, though none of the leagues implement such rules any longer.[citation needed]
The act withdrew antitrust immunity for any pro football telecast if a high school or college football game is being played within 75 miles (120 km) of the broadcasting station on Friday nights (after 6 p.m.) and Saturdays from the 2nd Friday in September until the 2nd Saturday in December. This provision, intended to protect high school and college football attendance, has the effect of barring national broadcasts of NFL games on those days, since virtually all of the country is within 75 miles of at least one high school game on every Friday night in September and October.
Exceptions
[edit]This portion of the act has since been partially circumvented; the NFL extended its season in 1978 to allow a few weeks of Friday night or Saturday games if the league so wished. Late-season Saturday games have been common since then, but Friday night games are still extremely rare; the league has played only nine Friday games since 1978, mostly because of the NFL's restrictions during Christmas. In 2005, a Miami Dolphins-Kansas City Chiefs matchup, scheduled for Sunday, October 23 in Miami, was moved up to 7 p.m. Friday night due to Hurricane Wilma. The game was televised only within 75 miles of Miami and Kansas City (outside of the home teams' markets, only affiliates in West Palm Beach, St. Joseph and Topeka were allowed to televise it).[4][5][6]
On Friday, September 6, 2024, the Green Bay Packers met the Philadelphia Eagles in a contest held at Arena Corinthians in São Paulo, Brazil. The game was exempt from the rules for several reasons: (1) it was being played on the first Friday in September; (2) it was played in Brazil, and thus not within 75 miles of an American high school football game and (3) the game was carried exclusively on a streaming service, Peacock, and thus technically not "broadcast" in the traditional sense (except in Green Bay, Milwaukee and Philadelphia, where each market's NBC station aired it).
College football
[edit]The National Collegiate Athletic Association (NCAA)'s broadcast packages are not subject to the antitrust exemption and it suffered for it, when the Supreme Court ruled that the NCAA's restrictive television policies were a violation of antitrust law in the 1980s when the University of Georgia and the University of Oklahoma sued the NCAA over television restrictions (limit of six television appearances over two years) established in 1952. However, after their court victory, neither Georgia nor Oklahoma made serious efforts to market their own television packages, but instead followed the lead of their conferences, the Southeastern Conference and the Big 8 Conference respectively.
The College Football Association, an alliance of 64 schools from some of the major conferences and selected independents, sold their own television package in 1984, first to ABC, and later to CBS. The Big Ten and Pac-10 conferences, not CFA affiliates, sold their own separate package, first to CBS in 1984, and to ABC in 1987.
By 1991, the landscape changed. ABC had the CFA, Big Ten, and Pac-10 packages, and NBC the Notre Dame home package. It was once again relegated to limited appearances.
The CFA collapsed, and in 1995, the Southeastern Conference signed a national deal with CBS. They are the only major conference guaranteed a national "game of the week" because ESPN's games may come from any of the conferences they offer. CBS' contract with the SEC expires after the 2023 season, and the Big Ten will assume the SEC's game of the week slot. [7]
References
[edit]- ^ "15 U.S. Code Chapter 32 - TELECASTING OF PROFESSIONAL SPORTS CONTESTS | LII / Legal Information Institute". .law.cornell.edu. 2012-01-03. Retrieved 2020-12-09.
- ^ United States of America v. National Football League, 196 F. Supp. 445 (E.D. Pa. 1961) ("I am therefore obliged to construe the Final Judgment as prohibiting the execution and performance of the contract dated April 24, 1961, between the National Football League and the Columbia Broadcasting System.").
- ^ Shea, Stuart (7 May 2015). Calling the Game: Baseball Broadcasting from 1920 to the Present. SABR, Inc. p. 357. ISBN 9781933599410.
- ^ "To avoid Wilma, NFL moves Chiefs-Dolphins game to Friday". USA Today. October 21, 2005. Archived from the original on October 23, 2005. Retrieved October 20, 2019.
- ^ "Wilma causes Chiefs-Dolphins to reschedule for Friday". ESPN. 20 October 2005. Archived from the original on December 28, 2005. Retrieved October 20, 2019.
- ^ Parson, Jeffrey (October 21, 2005). "Fans can't see Chiefs on TV". The Wichita Eagle. Retrieved October 20, 2019 – via NewsBank.
- ^ [1] Archived January 2, 2007, at the Wayback Machine