II 

113TH CONGRESS 

1ST SESSION S. 1721 

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 SENATE OF THE UNITED STATES 

NOVEMBER 18, 2013 

Mr. BLUMENTHAL (for himself and Mr. MCCAIN) introduced the following bill; 

which was read twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Furthering Access and 

5 Networks for Sports Act’’ or the ‘‘FANS Act’’. 

6 SEC. 2. DEFINITION. 

7 In this Act, the term ‘‘Sports Broadcasting Act of 

8 1961’’ means the Act of September 30, 1961 (15 U.S.C. 

9 1291 et seq.). 


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1 SEC. 3. AMENDMENTS TO THE SPORTS BROADCASTING ACT 

2 OF 1961. 

3 (a) ELIMINATION OF ANTITRUST EXEMPTION FOR

4 SPORTS BLACKOUTS DURING RETRANSMISSION CONSENT

5 NEGOTIATIONS.—Section 1 of the Sports Broadcasting 

6 Act of 1961 (15 U.S.C. 1291) is amended by adding at 

7 the end the following: ‘‘The antitrust exemption estab8 lished under this section shall not apply to any league of 

9 clubs participating in professional football, baseball, bas10 ketball, or hockey contests that does not expressly prohibit 

11 sponsored telecast licensees of such league, and any agree12 ment with any video licensee, from intentionally removing 

13 the live content of such league from a multichannel video 

14 programming distributor (as defined in section 602 of the 

15 Communications Act of 1934 (47 U.S.C. 522)), when such 

16 removal occurs during or is related to a negotiation re17 garding carriage of the games of such league by the multi18 channel video programming distributor.’’. 

19 (b) ELIMINATION OF ANTITRUST EXEMPTION FOR

20 LOCAL SPORTS BLACKOUTS.—Section 2 of the Sports 

21 Broadcasting Act of 1961 (15 U.S.C. 1292) is amended 

22 by striking ‘‘, except within the home territory of a mem23 ber club of the league on a day when such club is playing 

24 a game at home’’. 


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1 (c) AVAILABILITY OF GAMES OVER THE INTERNET

2 WHERE NOT OTHERWISE AVAILABLE ON TELEVISION.— 

3 The Sports Broadcasting Act of 1961 is amended— 

4 (1) by redesignating sections 4 through 6 as 

5 sections 5 through 7, respectively; and 

6 (2) by inserting after section 3 the following: 

7 ‘‘SEC. 4. 

8 ‘‘(a) The antitrust exemption established under sec9 tion 1 of this Act shall not apply to any league of clubs 

10 participating in professional football, baseball, basketball, 

11 or hockey contests that does not make a sponsored telecast 

12 of a covered game available to consumers, for a fee or oth13 erwise, using an Internet platform, in any territory in 

14 which the game is not available for private viewing 

15 through a local television broadcast station or any avail16 able multichannel video programming distributor. 

17 ‘‘(b) For purposes of this section— 

18 ‘‘(1) the term ‘covered game’ means a game 

19 that— 

20 ‘‘(A) is played in the home territory of a 

21 member club of a league described in subsection 

22 (a); and 

23 ‘‘(B) is not available for private viewing 

24 through a local television broadcast station or 


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1 any available multichannel video programming 

2 distributor; 

3 ‘‘(2) the term ‘multichannel video programming 

4 distributor’ has the meaning given the term in sec5 tion 602 of the Communications Act of 1934 (47 

6 U.S.C. 522); 

7 ‘‘(3) the term ‘television broadcast station’ has 

8 the meaning given the term in section 325(b)(7) of 

9 the Communications Act of 1934 (47 U.S.C. 

10 325(b)(7)); and 

11 ‘‘(4) the term ‘Internet platform’ means a deliv12 ery mechanism that uses packet-switched protocol or 

13 any successor technology.’’. 

14 SEC. 4. APPLICATION OF THE ANTITRUST LAWS TO PRO15 FESSIONAL MAJOR LEAGUE BASEBALL. 

16 Section 27 of the Clayton Act (15 U.S.C. 26b) is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘subsections (b) through 

20 (d)’’ and inserting ‘‘subsections (b) and (c)’’; 

21 and 

22 (B) by striking ‘‘directly relating to or af23 fecting employment of major league baseball 

24 players to play baseball at the major league 

25 level’’; 


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1 (2) in subsection (b)— 

2 (A) in the matter preceding paragraph (1), 

3 by striking ‘‘, any conduct, acts, practices or 

4 agreements that do not directly relate to or af5 fect employment of major league baseball play6 ers to play baseball at the major league level, 

7 including but not limited to’’; 

8 (B) in paragraph (3)— 

9 (i) by inserting ‘‘or’’ before ‘‘franchise 

10 ownership’’; and 

11 (ii) by striking ‘‘, the relationship’’ 

12 and all that follows through ‘‘collectively’’; 

13 (C) by striking paragraph (4); and 

14 (D) by redesignating paragraphs (5) and 

15 (6) as paragraphs (4) and (5), respectively; 

16 (3) by striking subsection (c); and 

17 (4) by redesignating subsection (d) as sub18 section (c). 

19 SEC. 5. EFFECTIVE DATE; APPLICABILITY. 

20 The amendments made by this Act shall— 

21 (1) take effect on the date of enactment of this 

22 Act; and 

23 (2) apply to any contract or agreement entered 

24 into or modified by a league subject to the requireVerDate Mar 15 2010 23:10 Nov 20, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1721.IS S1721

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1 ments of the Sports Broadcasting Act of 1961 on or 

2 after the date of enactment of this Act. 

Æ 


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