110th CONGRESS
1st Session
S. 249
To permit the National Football League to restrict the movement
of its franchises, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 10, 2007
Mrs. FEINSTEIN introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
A BILL
To permit the National Football League to restrict the movement
of its franchises, 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 `Football Fairness Act of 2007'.
SEC. 2. FINDINGS.
The Congress finds that--
(1) National Football League teams foster a strong local identity with
the people of the cities and regions in which they are located, providing
a source of civic pride for their supporters;
(2) National Football League teams provide employment opportunities, revenues,
and a valuable form of entertainment for the cities and regions in which
they are located;
(3) there are significant public investments associated with National
Football League facilities;
(4) it is in the public interest to encourage the National Football League
to operate under policies that promote stability among its member teams
and to promote the equitable resolution of disputes arising from the proposed
relocation of National Football League teams; and
(5) National Football League teams travel in interstate to compete and
utilize materials shipped in interstate commerce, and National Football
League games are broadcast nationally.
SEC. 3. CLARIFICATION OF ANTITRUST LAWS RELATED TO RELOCATION.
It shall not be unlawful by reason of any provision of the antitrust laws
for the National Football League to enforce rules authorizing the membership
of the league to decide that a member club of such league shall not be relocated.
SEC. 4. INAPPLICABILITY TO CERTAIN MATTERS.
(a) In General- Nothing contained in this Act shall--
(1) alter, determine, or otherwise affect the applicability or inapplicability
of the antitrust laws, the labor laws, or any other provision of law relating
to the wages, hours, or other terms and conditions of employment of players
in the National Football League, to any employment matter regarding players
in the National Football League, or to any collective bargaining rights
and privilege of any player union in the National Football League;
(2) alter or affect the applicability or inapplicability of the antitrust
laws or any applicable Federal or State law relating to broadcasting or
telecasting, including section 1 of Public Law 87-331 (15 U.S.C. 1291),
any agreement between the National Football League or its member teams,
and any person not affiliated with the National Football League for the
broadcasting or telecasting of the games of the National Football League
or its member teams on any form of television;
(3) affect any contract, or provision of a contract, relating to the use
of a stadium or arena between a member team and the owner or operator
of any stadium or arena or any other person;
(4) exempt from the antitrust laws any agreement to fix the prices of
admission to National Football League games;
(5) exempt from the antitrust laws any predatory practice or other conduct
with respect to competing sports leagues that would otherwise be unlawful
under the antitrust laws; or
(6) except as provided in this Act, alter, determine, or otherwise affect
the applicability or inapplicability of the antitrust laws to any act,
contract, agreement, rule, course of conduct, or other activity by, between,
or among persons engaging in, conducting, or participating in professional
football.
(b) Antitrust Laws- As used in this section, the term `antitrust laws' has
the meaning given to such term in the first section of the Clayton Act (15
U.S.C. 12) and in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
END
