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Sports Broadcasting Act of 1961


The Sports Broadcasting Act of 1961 affects Title 15 of the United States Code, Chapter 32 "Telecasting of Professional Sports Contest" (§§ 1291-1295)

The Sports Broadcasting Act was passed in response to a court decision which ruled that the NFL's method of negotiating television broadcasting rights violated antitrust laws. 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 covered by the rights assigned by its various packages with the networks, including its own.

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 a game at home, and from having to broadcast games within its home market area that have not sold out. It also, in effect, protects high school football and college football game attendance by blacking out pro football games locally on Friday evenings and Saturdays during those sports' regular seasons; these measures effectively outlawed the broadcasting (and, in practice, the playing) 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.

This portion of the act has since been partially circumvented; the NFL extended its season in 1978 to allow several 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 eight 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 back to 7pm Friday night due to Hurricane Wilma. The game was televised only in the South Florida and Kansas City TV markets, and was not seen nationally.)


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