II 110th CONGRESS 1st Session S. 249 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.

1.

Short title

This Act may be cited as the Football Fairness Act of 2007.

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.

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.

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.).