The Federal Communications Commission’s (“FCC” or “Commission”) Media Bureau has launched a new Public Notice (the “Notice”) seeking public comment on sports broadcasting practices and recent marketplace developments, as the distribution of live sports programming continues to evolve across broadcast, cable, and streaming platforms.

For decades, live sports have been closely intertwined with broadcast television, offering viewers free over‑the‑air access while supporting broadcasters’ advertising revenues and their ability to fund local news and other public interest programming. The Media Bureau observes that this landscape has changed in recent years, with an increasing number of professional and collegiate sporting events moving to subscription‑based and direct‑to‑consumer streaming services.

Against that backdrop, the Media Bureau is seeking to develop a record on how evolving sports media rights and distribution models affect viewers, broadcasters, and the broader public interest – and what role, if any, the FCC should play in response. Among other topics, the Notice seeks comment on:

  • How recent marketplace developments have affected broadcasters’ ability to obtain sports media rights and viewers’ ability to watch nationally televised and local sports on broadcast television;
  • The types of rights commonly included in sports media agreements, such as exclusive, simulcast, and replay rights, and how those rights are allocated across platforms;
  • The impact of increased reliance on subscription and streaming services on consumer costs and access to live national and local sports programming; and
  • Whether current sports media rights arrangements may conflict with or impede broadcasters’ ability to meet their statutory public interest obligations and whether these arrangements impact consumer access to public safety and other emergency information.

The Media Bureau also invites broader comment on how upcoming sports rights negotiations should factor into the Commission’s analysis, as well as any additional matters that would help the Commission understand the current sports media marketplace, including its legal authority, and potential policy considerations.  

The Commission’s authority over local broadcasters is well established, and through that authority the FCC has historically exercised some oversight affecting broadcast television operations and, in certain respects, broadcast television networks.  However, the Commission’s ability to generally regulate online streaming platforms is untested. In 2014, the FCC began consideration of a proposal to subject “virtual” multichannel distributors, such as YouTubeTV, to the same regulatory treatment applied to cable and other traditional pay TV companies, but to date it has not taken action on that proposal.  The FCC’s direct authority over sports leagues themselves is also not readily apparent.  As a result, one area likely to receive significant attention in the record is the extent to which the FCC has authority, or lack thereof, in addressing aspects of the sports media marketplace that fall outside its traditional jurisdiction.

The Media Bureau will accept comments through March 27, 2026, with reply comments due April 13, 2026.

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Photo of Gerard J. Waldron Gerard J. Waldron

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the…

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the senior counsel on the House Subcommittee on Telecommunications. During his work for Congress, he was deeply involved in the drafting of the 1993 Spectrum Auction legislation, the 1992 Cable Act, the Telephone Consumer Protection Act (TCPA), CALEA, and key provisions that became part of the 1996 Telecommunications Act.

Gerry’s practice includes working closely on strategic and regulatory issues with leading IT companies, high-quality content providers in the broadcasting and sports industries, telephone and cable companies on FCC proceedings, spectrum entrepreneurs, purchasers of telecommunications services, and companies across an array of industries facing privacy, TCPA and online content, gaming, and online gambling and sports betting-related issues.

Gerry has testified on communications and Internet issues before the FCC, U.S. House of Representatives Energy & Commerce Committee, the House Judiciary Committee, the Maryland Public Utility Commission, and the Nevada Gaming Commission.

Photo of Matthew DelNero Matthew DelNero

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy…

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy challenges.

Matt serves as co-chair of Covington’s Technology & Communications Regulation (“TechComm”) Practice Group and co-chair of the firm’s Diversity, Equity, & Inclusion initiative.

Matt advises clients on the full range of issues impacting telecommunications, technology and media providers today, including:

Structuring and securing FCC and other regulatory approvals for media and telecommunications transactions.
Obtaining approval for foreign investment in broadcasters and telecommunications providers.
Broadband funding under federal and state programs, including under the FCC’s Universal Service Fund (USF) and NTIA’s Broadband Equity, Access, and Deployment (BEAD) Program.
Representing broadcasters, media networks, and other content owners and producers on both existing and proposed FCC regulations and policies.
FCC enforcement actions and inquiries.
Online video accessibility, including under the Communications and Video Accessibility Act (CVAA) and Americans with Disabilities Act (ADA).
Equipment authorizations for IoT and other devices.
Spectrum policy and auctions, including for 5G.
Privacy and data protection, with a focus on telecommunications and broadband providers.

Matt also maintains an active pro bono practice representing LGBTQ+ and other asylum seekers, as well as veterans petitioning for discharge upgrades—including discharges under ‘Don’t Ask, Don’t Tell’ and predecessor policies that targeted LGBTQ+ servicemembers.

Prior to rejoining Covington in January 2017, Matt served as Chief of the FCC’s Wireline Competition Bureau. He played a leading role in development of policies around net neutrality, broadband privacy, and broadband deployment and affordability under the federal Universal Service Fund (USF).

Chambers USA ranks Matt within “Band 1” in his field and reports that he is a “go-to attorney for complex matters before the FCC and other federal agencies, drawing on impressive former government experience.” It also quotes clients who praise him as “an outstanding regulatory lawyer…[who] understands the intersection between what’s important for the client’s operations and how the law impacts those operations.”

Photo of Jennifer Johnson Jennifer Johnson

Jennifer Johnson is a partner specializing in communications, media and technology matters who serves as Co-Chair of Covington’s Technology Industry Group and its global and multi-disciplinary Artificial Intelligence (AI) and Internet of Things (IoT) Groups. She represents and advises technology companies, content distributors…

Jennifer Johnson is a partner specializing in communications, media and technology matters who serves as Co-Chair of Covington’s Technology Industry Group and its global and multi-disciplinary Artificial Intelligence (AI) and Internet of Things (IoT) Groups. She represents and advises technology companies, content distributors, television companies, trade associations, and other entities on a wide range of media and technology matters. Jennifer has three decades of experience advising clients in the communications, media and technology sectors, and has held leadership roles in these practices for more than twenty years. On technology issues, she collaborates with Covington’s global, multi-disciplinary team to assist companies navigating the complex statutory and regulatory constructs surrounding this evolving area, including product counseling and technology transactions related to connected and autonomous vehicles, internet connected devices, artificial intelligence, smart ecosystems, and other IoT products and services. Jennifer serves on the Board of Editors of The Journal of Robotics, Artificial Intelligence & Law.

Jennifer assists clients in developing and pursuing strategic business and policy objectives before the Federal Communications Commission (FCC) and Congress and through transactions and other business arrangements. She regularly advises clients on FCC regulatory matters and advocates frequently before the FCC. Jennifer has extensive experience negotiating content acquisition and distribution agreements for media and technology companies, including program distribution agreements, network affiliation and other program rights agreements, and agreements providing for the aggregation and distribution of content on over-the-top app-based platforms. She also assists investment clients in structuring, evaluating, and pursuing potential investments in media and technology companies.

Kiara Ortiz

Kiara Ortiz is an associate in the firm’s Washington, DC office. She is a member of the Technology and Communications Regulation Practice Group.