Earlier this week, the FCC voted unanimously to repeal its 39-year-old Sports Blackout Rule, which that prevented the broadcasting of certain sporting events if they weren’t sold out. While that decision removes federal involvement in blackouts, the pro sports leagues may still negotiate private blackout deals with broadcasters. However, a pair of prominent U.S. Senators have warned the NFL to not go that route.

In a letter (see full text below) to NFL Commissioner Roger “Go Ahead And Boo” Goodell, Sen. John McCain of Arizona and Sen. Richard Blumenthal of Connecticut expressed their concerns about the possibility of continued blackouts by the country’s most-watched pro sport.

“[W]e write to urge the NFL to view this as an opportunity to recognize that unpopular blackouts are no longer justified in today’s environment,” reads the letter. “We ask that you capitalize on the FCC’s vote this week and voluntarily rescind your requirement that local television stations blackout games that fail to sell-out.”

The Senators point out that the league has received an awful lot from American taxpayers and the federal government, including antitrust exemptions, special tax status, and taxpayer-subsidized stadiums.

“These generous benefits were extended to leagues like the NFL in part based on recognition that sports leagues play a central role in our national culture, promote teamwork, and generate jobs and economic activity across the country,” continues the note. “But, the provision of these substantial public benefits requires that the NFL meet basic obligations to the American public and loyal fans, and this includes abandoning rules that punish those same fans.”

The lawmakers say that if the league continues to use blackouts, “Congress will be forced to act. We urge you to proactively rescind NFL policies that prevent loyal fans from enjoying the game and reform those practices that cause the league to fall short of the obligation it has to the American public.”

Only a small fraction of games are blacked out each year, so one could argue that both the NFL — which threatened to make the potentially disastrous move of taking all its games to cable — and Sens. McCain and Blumenthal are making a mountain out of a molehill.

Of course, while almost all NFL games sell enough tickets to meet the blackout threshold, the current popularity of the sport will inevitably wane. Certainly the NFL’s ongoing troubles with off-the-field violence and crime, along with growing concerns about the destructive long-term impact the game has on the people who play it, isn’t helping to put butts in seats.

Only time will tell if the league truly needs those blackouts to keep stadium attendance up.

Here is the full text of the letter to Commissioner Goodell:

October 1, 2014

Mr. Roger Goodell

Commissioner

National Football League

280 Park Avenue, 17th Floor

New York, NY 10017

Dear Commissioner Goodell,

As you know, the Federal Communications Commission voted unanimously yesterday to eliminate the agency’s sports blackout rule, which is something we have devoted substantial effort to over the past several years. As you are well aware, the elimination of the FCC rule won’t end all blackouts. Rather, it only removes the regulation that has acted as a government backstop to the NFL’s private blackout policy. As Chairman Wheeler pointed out shortly after the vote occurred, “[e]veryone needs to be aware of who allows blackouts to exist, and it is not the Federal Communications Commission.”

With this in mind, we write to urge the NFL to view this as an opportunity to recognize that unpopular blackouts are no longer justified in today’s environment. We ask that you capitalize on the FCC’s vote this week and voluntarily rescind your requirement that local television stations blackout games that fail to sell-out. The NFL has received substantial benefits from the public in the form of antitrust exemptions, a specialized tax status, and direct taxpayer dollars that subsidize football arenas and stadiums. These generous benefits were extended to leagues like the NFL in part based on recognition that sports leagues play a central role in our national culture, promote teamwork, and generate jobs and economic activity across the country. But, the provision of these substantial public benefits requires that the NFL meet basic obligations to the American public and loyal fans, and this includes abandoning rules that punish those same fans.

Last year, we introduced the Furthering Access and Networks for Sports (“FANS”) Act as a legislative answer to the various causes of sports blackouts. Specifically, this bill would condition the antitrust exemption the league enjoys through the Sports Broadcasting Act on ending sports blackouts. If the NFL fails to show leadership to finally end blackouts once and for all, Congress will be forced to act. We urge you to proactively rescind NFL policies that prevent loyal fans from enjoying the game and reform those practices that cause the league to fall short of the obligation it has to the American public. Thank you for your consideration.

Sincerely,

John McCain

Richard Blumenthal

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