At the moment, it looks like the Dec. 29 Giants-Patriots game will be stuck on the NFL Network, which is available to less than one-third of TV households. That means the Patriots' shot at going 16-0 will be unseen by millions of football fans.

But NFL Commissioner Roger Goodell is making some last-ditch moves to try and convince the nation's largest cable carriers to distribute the network to more customers. Goodell today sent a letter to Glenn Britt, the CEO of Time Warner Cable proposing a "baseball-style" arbitration process that would call for a third party to determine how much Time Warner should pay for the channel and the tier on which the company should carry the channel. (Major cable companies have refused to carry the network except on a premium sport tier, claiming the NFL is charging too much for carriage.)

Goodell said last month that he would not consider moving the Giants-Patriots game off of the NFL Network if the Patriots entered the game undefeated.

Meanwhile, 21 members of Congress have written a letter to Kevin Martin, chairman of the Federal Communications Commission, urging him to support a measure that would allow for similar "baseball-style" arbitration in disputes between cable companies and carriers.

"This proposal would not pick winners or losers, but instead creates a mechanism to address a market failure that has prevented consumers from having access to popular programming including the NFL Network, about which our constituents have expressed much concern,” the lawmakers said in a statement.

Last month, Martin tabled such a measure prior to an FCC vote, citing lack of support among commission members.

The full text of Goodell's letter:

Dear Glenn:

In an effort to end the NFL Network's carriage dispute with Time Warner as quickly as possible so that our fans and your customers are able to watch our network -- including the December 29 Patriots-Giants game -- I am now reaching out to you directly with a new and specific proposal to resolve our impasse in a way that will put the interests of our fans, and your customers, first -- and do so in time for the December 29 game.

I have attached a term sheet for a binding final-offer, “baseball style” arbitration process into which NFL is prepared immediately to enter with Time Warner. The objective is to have a neutral third party determine the price and tier for NFL Network distribution on Time Warner systems, based on the fair market value of the NFL Network program service.

Because we recognize that final-offer arbitration pursuant to the attached proposal will take time, we will allow you to provide NFL Network to all Time Warner customers immediately upon your written agreement to participate in the arbitration process and to be bound by its result.

You should know, Glenn, that we do not view this proposal as a way to "force" NFL Network carriage "on our terms." We view it as a way to make sure that your customers can view our programming on fair terms -- which the arbitrator could decide are those proposed by us, or those that Time Warner proposes. Either way, however, consumers -- including our fans -- will be the winners.

We are prepared to leave this arbitration offer open through December 28. I will be available to discuss it at your earliest convenience; my office has standing instructions to get a hold of me whenever you call.

I look forward to hearing from you.


Sincerely,

Roger Goodell

UPDATE (Friday morning)

Time Warner has rejected Goodell's arbitration proposal, urging the the NFL to move the Giants-Patriots game to a different network.

"Over the years we've been able to successfully reach agreements with hundreds of programming networks without the use of arbitration," Britt wrote. "We continue to believe that the best way to achieve results is to privately seek a resolution and not attempt to negotiate through the press or elected officials."