Section 1 Short title
This Act may be cited as the “For the Fans Act”.
For the Fans Act
A BILL
To improve the access of consumers to professional sports broadcasts, and for other purposes.
Sec. 2 Access to streaming of live games
Definitions— In this Act:
League— The term league means a professional sports team organization in the United States for any of the following sports:
Baseball.
Basketball.
Football.
Hockey.
Soccer.
Any other sport determined by the Federal Trade Commission, pursuant to a rule promulgated in accordance with section 553 of title 5, United States Code.
League streamer— The term league streamer means a streaming subscription service streaming the games of a league that—
has the name of the league in the title of the streaming subscription service;
is promoted by the league;
has an agreement with the league to receive a portion of proceeds from streaming the majority of the games of the league; or
meets any other requirement, as determined by the Federal Trade Commission, pursuant to a rule promulgated in accordance with section 553 of title 5, United States Code.
Local fan— The term local fan, with respect to a league team, means an individual located in the same State as the league team team, or in any other locality determined by the Federal Communications Commission.
No blackouts—
In general— A league streamer shall provide to customers of the league streamer access to view live every game of the league without implementing any kind of blackout for consumers, including a geographic blackout.
Enforcement by the Federal Trade Commission—
Unfair or deceptive acts or practices— A violation of paragraph (1), or a regulation promulgated thereunder, shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) and as a violation of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) relating to unfair methods of competition.
Powers of the commission—
In general— The Federal Trade Commission shall enforce paragraph (1), and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Privileges and immunities— Any person who violates paragraph (1), or a regulation promulgated thereunder, shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
Authority preserved— Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
Rulemaking— The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this subsection, including with respect to how to comply with paragraph (1).
Free access for local fans—
In general— A league shall provide to each local fan access to view live all games of the league team at no cost to the local fan and at a quality of service not less than that which is the best available, through a singular method of viewing for all games, which may be—
by local telecast or by streaming on a single streaming service; and
supported by advertisements.
Exception— Paragraph (1) shall not apply to—
a minor league team; or
a league with fewer than 8 teams.
Enforcement—
Enforcement by the Federal Communications Commission— The Federal Communications Commission shall have jurisdiction over complaints alleging a violation of paragraph (1).
Enforcement by State attorneys general—
In general— In any case in which an attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in an act or practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to—
enjoin that act or practice;
enforce compliance with this Act or the regulation;
on behalf of residents of the State, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or
obtain such other relief as the court may consider to be appropriate.
Reasonable attorney's fees— In a civil action brought under clause (i) in which the plaintiff prevails, the court may award reasonable attorney’s fees, including litigation expenses, and costs reasonably incurred.