NFL Commissioner Roger Goodell Credit: Kirby Lee-Imagn Images

As more live sports events migrate from broadcast to streaming services, the Justice Department is delving into whether professional sports leagues, and especially the NFL, are upholding the terms of the Sports Broadcasting Act of 1961, which grants leagues an antitrust exemption to negotiate television rights packages on behalf of their teams.

The DOJ has reportedly met with executives from local station groups at the National Association of Broadcasters conference in Las Vegas to seek feedback on the shift live sports are making toward streaming.

During the meeting, executives emphasized “the economic power that sports, particularly the National Football League, has on their TV station businesses,” as the NFL continues to establish itself as the most valuable commodity in broadcast television with the massive audiences its games draw.

Local executives believe the antitrust exemption should not apply when leagues sell games to streaming services, an interpretation that would allow them to retain their sports rights, even as the NFL is considering opting out of its current media rights deals early to renegotiate higher rates.

The DOJ is expected to issue “civil investigation demands” to sports leagues, TV networks, and the local broadcasters. During an appearance on ESPN’s NFL Draft Countdown, commissioner Roger Goodell explained why his league is as accessible as ever amid the DOJ’s looming probe.

“The Department of Justice has opened an inquiry into how the NFL sells its television rights. So, there are a lot of fans who don’t know anything about what these matters involve. Why, in your words, does the NFL’s media distribution model not violate any laws?” Mike Greenberg asked the commissioner.

“It’s the most accessible game out there, and most accessible in any league, and I think it’s been very responsible. Over 87% of our games are on free television,” Goodell responded.

“Listen, we go to platforms that are new. We went to ESPN back in the 80s,” he continued. “That has been a great move for our fans and developed new ways to engage with the NFL. But we’ve been surviving and thriving on the basis of being available to the broadest audience… It’s important for us to be available to our fans. We’re the first ones to go down there. We share it with everybody, whether it’s the DOJ or FCC or anybody. We want to make sure everyone is well aware of the responsible way we’ve handled our broadcasting.”

The Justice Department joins the Federal Communications Commission in investigating the fragmentation of sports broadcasts. Members on both sides of the congressional aisle, including Sen. Elizabeth Warren (D-MA)Sen. Mike Lee (R-UT), and Sen. Tammy Baldwin (D-WI), have taken steps on what is seen as an increasingly prominent issue for consumers.

“To watch every NFL game during the past season, football fans spent almost $1,000 on cable and streaming subscriptions,” Lee wrote in a letter to the FCC and DOJ last month.

About Qwame Skinner

Qwame Skinner has loved both writing and sports his entire life. In addition to his sports coverage at Comeback Media, Qwame writes novels, and his debut; The First Casualty, an adult fantasy, is out now.