[Congressional Record Volume 172, Number 147 (Thursday, September 17, 2026)]
[Senate]
[Pages S4813-S4824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6784. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the bill S. 4668, to protect the name, image, and likeness
rights of, and provide protections for, student athletes and to promote
fair competition among intercollegiate athletics, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ACCESS TO STREAMING OF LIVE GAMES.
(a) Definitions.--In this section:
(1) League.--The term ``league'' means a professional
sports team organization in the United States for any of the
following sports:
(A) Baseball.
(B) Basketball.
(C) Football.
(D) Hockey.
(E) Soccer.
(F) 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.
(2) League streamer.--The term ``league streamer'' means a
streaming subscription service streaming the games of a
league that--
(A) has the name of the league in the title of the
streaming subscription service;
(B) is promoted by the league;
(C) has an agreement with the league to receive a portion
of proceeds from streaming the majority of the games of the
league; or
(D) 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.
(3) 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.
(b) No Blackouts.--
(1) 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.
(2) Enforcement by the federal trade commission.--
(A) 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.
(B) Powers of the commission.--
(i) 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 section.
(ii) 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.
(iii) Authority preserved.--Nothing in this section shall
be construed to limit the authority of the Commission under
any other provision of law.
(iv) 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).
(c) Free Access for Local Fans.--
(1) 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--
(A) by local telecast or by streaming on a single streaming
service; and
[[Page S4824]]
(B) supported by advertisements.
(2) Exception.--Paragraph (1) shall not apply to--
(A) a minor league team; or
(B) a league with fewer than 8 teams.
(3) Enforcement.--
(A) Enforcement by the federal communications commission.--
The Federal Communications Commission shall have jurisdiction
over complaints alleging a violation of paragraph (1).
(B) Enforcement by state attorneys general.--
(i) 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 section or a regulation
promulgated under this section, 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--
(I) enjoin that act or practice;
(II) enforce compliance with this section or the
regulation;
(III) 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
(IV) obtain such other relief as the court may consider to
be appropriate.
(ii) 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.
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