Public Knowledge Legal Director John Bergmayer will testify before the U.S. Senate Commerce Committee on Tuesday, May 6 at 10 a.m. EST. His testimony in the hearing on “Field of Streams: The New Channel Guide for Sports Fans” will note that while the streaming era has introduced convenience for consumers, it has also added complexity, new costs, and consumer confusion to sports viewing. His testimony will argue that sports leagues, policymakers, and technology platforms should prioritize viewer experience over short-term profits, including simplified access, reasonable pricing, and elimination of outdated blackout policies. Finally, sports should remain widely accessible, locally available, and simple to find and watch to ensure that public investment in sports benefits the public in return.
The following is an excerpt from the testimony:
“Streaming is no longer an afterthought, and policymakers, content creators, tech platforms, and sports leagues need to take steps to ensure that shifts in the media, technology, and sports landscapes benefit viewers. Taxpayer-funded sports and teams should be required to clearly and consistently communicate to fans where games will be available, and commit to making games available free of charge in their local market. Leagues and policymakers must [also] recognize that easy, affordable access to sports is crucial for the future of sports viewership. [L]eagues should simplify viewing access, eliminate outdated blackout policies, and offer reasonably priced, easy-to-use direct-to-consumer streaming options.
“[T]houghtful policy interventions [such as the ‘Stop Sports Blackouts Act’ mandating refunds for channels lost due to disputes] can create a fair, affordable, and sustainable environment. Accessibility of games is also an issue that could benefit from increased attention from the state and local policymakers. Other model legislation is the longstanding ‘FANS Act’ proposal, championed by Senator Blumenthal and the late Senator McCain, that would have put public interest conditions on continuing sports leagues’ antitrust exemption. More broadly, it would benefit everyone in the streaming market to focus more on providing a good viewer experience. Online video services should recognize that viewers often mix and match services, and work to facilitate instead of blocking this. [C]ontent and programming bundles… should offer obvious value to subscribers. Video apps should… bear in mind the advantages of consistency, discoverability, and simplicity across different apps.
“Sports in particular show the need for consistency and predictability. Leagues should avoid abrupt and radical changes to how people watch games, and should avoid overly complex licensing that fragments individual sports and even teams across a variety of services. While the leagues and teams may balk at what they view as leaving money on the table, practices that prioritize short-term gain can end up harming the long-term sustainability of professional sports. People have other things to watch.
“The streaming revolution has fundamentally transformed how we consume sports content. As leagues prioritize lucrative exclusive deals across fragmented platforms, fans face rising costs, technical hurdles, and confusing blackout restrictions that undermine the very accessibility streaming promised to deliver. This calls for an approach where leagues, policymakers, and platforms recognize their responsibility to fans, particularly given sports’ cultural significance and the public subsidies many teams receive.
“While streaming has unlocked new possibilities for sports fans and content creators alike, it has also replicated many of the frustrations of the old cable model – now spread across a maze of apps, subscriptions, and platforms. As the transition continues, policymakers, leagues, and platforms must move beyond a mindset of exclusive deals and revenue maximization and instead prioritize a future where sports remain widely accessible, locally available, and simple to find and watch. The public investment in sports demands public benefit in return. The path forward should be built around transparency, consistency, and fair access for all fans.”
You may view the testimony.
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.