nited 'tates ,-.. enatc WASHINGTON. DC 20510 June 19 2013 Acting Chairwoman Iignon Clyburn Federal Communications Commission 445 12th StTeet, SW Washington, DC 20554 Re: ME Docket o. 12-3 Dear Acting Chairwoman Clyburn: The Federal Communications Commission ("Commission) should move to a Notice of Public Rulemaking ("NPRM ) regarding the so-called Sports Blackout Rule. It has been over a year since the Commission initiated this docket as a Notice of Inquiry ( NOr) to determine whether the rule remains in the public interest. The record includes thousands of comments from concerned sports fans around the nation; detailed legal arguments by non-profit public interest groups, professional sports leagues and industry associations' and a white paper submitted by nine sports economist . Commenters have put forth a wide range of proposals from maintaining the Sports Blackout Rule in its current form, to establishing a sunset and renewal process, to eliminating the rule altogether. With so much detailed information on the record from such a wide range of stakeholders it is time for the Commission to take the next logical step and move toaNPRM. While Congress can effect change on Lhis issue the record in this proceeding demonstrates that legislation is not the only way to address this issue. It is important to note that Congress never instructed the Commission to promulgate the Sports Blackout Rule Ul the first place. The Commission therefore possesses ample authority to amend the Sports Blackout Rule sua ~ponle, without any action by Congress. In light of this we not only urge you to move this proceeding to the NPRM phase but request that such PRM seek comment on what would erve the public interest, convenience and necessity. As such we respectfully ask that you move to a NPRM regarding the so-called Sports Blackout Rule and utilize your existing authorities. Smcerely, n McCain nited States Senator • k?-/,(lJt--~ Richard Blumenthal United States Senator