FANS Act

Summary: 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.

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.