NFLN is not requiring cable companies to place it in the basic tier. My local cable company that competes directly with Time Warner carries NFLN HD and the games, as well as NFLN OnDemand. None of these are available with our basic cable. You need a cable box and the Digital Tier...or the HD Tier for the HD channels.
The only thing NFLN won't let cable companies do is place it in their Sports Tiers.
This makes zero sense. It's possible your cable company inked a contract with NFLN before NFLN's current negotiating practice began, somewhat like the Comcast situation where they moved it to a sports tier and then had to fend off a breach of contract suit filed by NFLN. Otherwise, maybe they are such a nobody provider that NFLN capitulated to them in efforts to somehow increase its viewership. However, by all reports NFLN is absolutely requiring that new providers add this channel to the basic package, which would allow NFLN to base advertising on a larger subscribership. That's even moreso the case now that Comcast won a lawsuit to confirm it wasn't breaching its previously negotiated contract doing so. You can bet going forward NFLN contracts will be extremely specific on this point. As one article explained the Comcast ordeal:
The National Football League has been running a campaign against Comcast due to the cable operator's insistence of keeping NFL Network on its premium-sports tier. The NFL wants the network to be carried on the basic tier, which would increase its viewer base. Comcast said it doesn't want its total subscriber base to incur the charge of carrying the network.
That said, it makes no sense for NFLN to say you can't make its network a premium channel in this way, but you can make it a premium channel in another way. Either way NFLN is not being able to base advertising prices assuming those ads are being seen by basic subscribers.