The Patriots said their three-man video crew "unknowingly" violated league rules by filming the field and sideline from a press box while capturing footage for a team video series called "Do Your Job."
The argument that supports the Patriots is that play calls come in through a headset, while most signals being made on the sidelines are for substitution packages.
"That doesn't necessarily mean the Patriots are off the hook," Rapoport added.
"They did admit that they did not alert the Bengals, they didn't alert the NFL. Clearly there was, at the least, a miscommunication here which would lead me to believe - based on the people I've spoken with - that if they got penalized, it'd be something along the lines of a fine."