The NFL's arguments are irrelevant. The FCC isn't concerned with the status of stadiums and their attendance. Their focus is on sports programming being available over the airwaves. The economics of the league itself are so stable that they themselves admit that they have a historic low in blackouts, effectively admitting that blackouts are not going to affect viability of the league and likely not the individual teams. That last is questionable and they like to point it out, but it doesn't matter. The amount of programming available to broadcast will not go down if the blackout is removed and that is the FCCs only mission in this affair.