II 

116TH CONGRESS 

1ST SESSION S. 1748 

To decrease the frequency of sports blackouts, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2019 

Mr. BLUMENTHAL 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, 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’’. 

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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2 

•S 1748 IS

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, and the antitrust 

9 laws shall apply, to any league of clubs participating in 

10 professional football, baseball, basketball, or hockey con11 tests to the extent that the league does not expressly pro12 hibit sponsored telecast licensees of such league, and any 

13 agreement with any video licensee, from intentionally re14 moving the live content of such league from a multichannel 

15 video programming distributor (as defined in section 602 

16 of the Communications Act of 1934 (47 U.S.C. 522)), 

17 when such removal occurs during or is related to a nego18 tiation regarding carriage of the games of such league by 

19 the multichannel video programming distributor.’’. 

20 (b) ELIMINATION OF ANTITRUST EXEMPTION FOR

21 LOCAL SPORTS BLACKOUTS.—Section 2 of the Sports 

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

23 by striking ‘‘, except within the home territory of a mem24 ber club of the league on a day when such club is playing 

25 a game at home’’. 


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3 

•S 1748 IS

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, and the antitrust laws 

10 shall apply, to any league of clubs participating in profes11 sional football, baseball, basketball, or hockey contests to 

12 the extent that the league does not make a sponsored tele13 cast of a covered game available to consumers, for a fee 

14 or otherwise, using an internet platform, in any territory 

15 in which the game is not available for private viewing 

16 through a local television broadcast station or any avail17 able multichannel video programming distributor. 

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

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

20 that— 

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

22 member club of a league described in subsection 

23 (a); and 

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

25 through a local television broadcast station or 


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•S 1748 IS

1 any available multichannel video programming 

2 distributor; 

3 ‘‘(2) the term ‘internet platform’ means a deliv4 ery mechanism that uses packet-switched protocol or 

5 any successor technology; 

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

7 distributor’ has the meaning given the term in sec8 tion 602 of the Communications Act of 1934 (47 

9 U.S.C. 522); and 

10 ‘‘(4) the term ‘television broadcast station’ has 

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

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

13 325(b)(7)).’’. 

14 SEC. 4. EFFECTIVE DATE; APPLICABILITY. 

15 The amendments made by this Act shall— 

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

17 Act; and 

18 (2) apply to any contract or agreement entered 

19 into or modified by a league subject to the require20 ments of the Sports Broadcasting Act of 1961 on or 

21 after the date of enactment of this Act. 

Æ 


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