The antitrust exemption created by the Sports Broadcasting Act "probably needs to be updated" due to the way the NFL makes games available on television, Rep. Scott Fitzgerald, R-Wis., told Newsmax on Thursday.
Appearing on "Wake Up America," Fitzgerald discussed Wednesday's House Judiciary Committee hearing examining whether the NFL's use of a decades-old antitrust exemption is hurting consumers by forcing fans to subscribe to multiple streaming services just to watch games.
The Sports Broadcasting Act of 1961 granted professional sports leagues, including the NFL, a limited antitrust exemption allowing teams to collectively negotiate television contracts.
The law was originally intended to help smaller-market franchises survive and compete.
Fitzgerald, who chaired the hearing, said lawmakers heard compelling testimony that the law may no longer be serving its original purpose.
"The SBA probably needs to be updated," Fitzgerald told co-hosts Sharla McBride and Marc Lotter. "If you go back to 1961 and Commissioner Pete Rozelle, who came to Congress after a court ruling and asked specifically for a carve-out that has helped not only the NFL but other professional sports leagues, it probably needs to be revisited now."
The hearing highlighted how difficult and expensive it has become for fans to watch every game involving their favorite team.
House Judiciary Committee Chair Jim Jordan, R-Ohio, used the example of a Green Bay Packers fan living in Dallas. Under the NFL's current broadcast arrangements, the fan could need subscriptions to Amazon Prime Video, Netflix, ESPN, NBC, and Sunday Ticket, along with access to traditional broadcast networks, to watch the entire season.
Some estimates presented during the hearing suggested fans could spend as much as $1,500 annually to access all NFL games.
"Unfortunately, it's almost comical when you hear it laid out the way that the chairman did," Fitzgerald said.
The Wisconsin congressman noted that legal and regulatory scrutiny of the league is already underway.
He pointed to ongoing litigation as well as reported investigations involving the Department of Justice and the Federal Communications Commission.
"It's pretty clear, I think, that the NFL is in violation of the SBA with the way they're making games available to fans right now," Fitzgerald said.
He added that concern over the issue crosses party lines.
"It's worth noting that this is bipartisan," Fitzgerald said. "There are Republicans and Democrats who want some kind of reform, some kind of change."
For Fitzgerald, the central issue is straightforward.
"Consumers need to come first," he said. "That's the bottom line when you're talking about anything related to antitrust law."
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