Furthering Access and Networks for Sports Act or the FANS Act - Amends the Sports Broadcasting Act of 1961 to deny the antitrust exemption for joint agreements covering the telecasting of sports contests to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not: (1) expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor when such removal occurs during, or is related to a negotiation regarding, carriage of the league's games by such distributor; or (2) make a sponsored telecast of a game that is played in the home territory of a member club available to consumers, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. Repeals the exception that allows the antitrust exemption for such a joint agreement that prohibits televising games within the home territory of a member club on a day when such club is playing at home.
Amends the Clayton Act to: (1) subject the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball (currently, only such conduct, acts, practices, or agreements directly relating to or affecting employment of major league baseball players at the major league level) to the antitrust laws to the same extent that such conduct, acts, practices, or agreements engaged in by persons in any other professional sports business affecting interstate commerce are subject to such laws; and (2) repeal provisions granting only a major league baseball player standing to sue. Eliminates provisions specifying that such Act does not create, permit, or imply a cause of action by which to challenge under the antitrust laws: (1) the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball, and the licensing of intellectual property rights owned or held by organized professional baseball teams; or (2) any conduct, acts, practices, or agreements protected by the Sports Broadcasting Act of 1961.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3452 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3452
To decrease the frequency of sports blackouts, to require the
application of the antitrust laws to Major League Baseball, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 2013
Mr. Higgins introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To decrease the frequency of sports blackouts, to require the
application of the antitrust laws to Major League Baseball, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furthering Access and Networks for
Sports Act'' or the ``FANS Act''.
SEC. 2. DEFINITION.
In this Act, the term ``Sports Broadcasting Act of 1961'' means the
Act of September 30, 1961 (15 U.S.C. 1291 et seq.).
SEC. 3. AMENDMENTS TO THE SPORTS BROADCASTING ACT OF 1961.
(a) Elimination of Antitrust Exemption for Sports Blackouts During
Retransmission Consent Negotiations.--Section 1 of the Sports
Broadcasting Act of 1961 (15 U.S.C. 1291) is amended by adding at the
end the following: ``The antitrust exemption established under this
section shall not apply to any league of clubs participating in
professional football, baseball, basketball, or hockey contests that
does not expressly prohibit sponsored telecast licensees of such
league, and any agreement with any video licensee, from intentionally
removing the live content of such league from a multichannel video
programming distributor (as defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522)), when such removal occurs
during or is related to a negotiation regarding carriage of the games
of such league by the multichannel video programming distributor.''.
(b) Elimination of Antitrust Exemption for Local Sports
Blackouts.--Section 2 of the Sports Broadcasting Act of 1961 (15 U.S.C.
1292) is amended by striking ``, except within the home territory of a
member club of the league on a day when such club is playing a game at
home''.
(c) Availability of Games Over the Internet Where Not Otherwise
Available on Television.--The Sports Broadcasting Act of 1961 is
amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``Sec. 4. (a) The antitrust exemption established under section 1
of this Act shall not apply to any league of clubs participating in
professional football, baseball, basketball, or hockey contests that
does not make a sponsored telecast of a covered game available to
consumers, for a fee or otherwise, using an Internet platform, in any
territory in which the game is not available for private viewing
through a local television broadcast station or any available
multichannel video programming distributor.
``(b) For purposes of this section--
``(1) the term `covered game' means a game that--
``(A) is played in the home territory of a member
club of a league described in subsection (a); and
``(B) is not available for private viewing through
a local television broadcast station or any available
multichannel video programming distributor;
``(2) the term `multichannel video programming distributor'
has the meaning given the term in section 602 of the
Communications Act of 1934 (47 U.S.C. 522);
``(3) the term `television broadcast station' has the
meaning given the term in section 325(b)(7) of the
Communications Act of 1934 (47 U.S.C. 325(b)(7)); and
``(4) the term `Internet platform' means a delivery
mechanism that uses packet-switched protocol or any successor
technology.''.
SEC. 4. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE
BASEBALL.
Section 27 of the Clayton Act (15 U.S.C. 26b) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (b) through (d)'' and
inserting ``subsections (b) and (c)''; and
(B) by striking ``directly relating to or affecting
employment of major league baseball players to play
baseball at the major league level'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, any conduct, acts, practices or agreements
that do not directly relate to or affect employment of
major league baseball players to play baseball at the
major league level, including but not limited to'';
(B) in paragraph (3)--
(i) by inserting ``or'' before ``franchise
ownership''; and
(ii) by striking ``, the relationship'' and
all that follows through ``collectively'';
(C) by striking paragraph (4); and
(D) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c).
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any contract or agreement entered into or
modified by a league subject to the requirements of the Sports
Broadcasting Act of 1961 on or after the date of enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR H7062)
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
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