Requirements for entities selling media rights

The Sports Broadcasting Act of 1961, as amended by section 201(b)(1) of this Act, is amended by inserting after section 4 (15 U.S.C. 1294) the following: 5. Requirements for entities selling media rights (a) Condition on antitrust exemption Section 1(b) shall not apply to any joint agreement entered into by institutions or conferences to form the covered entity unless the covered entity complies with the requirements under this section and section 6. (b) Membership of the covered entity (1) Eligible membership A joint agreement to form the covered entity shall be comprised of a voluntary association of institutions or conferences that includes, at a minimum, as of the date on which the joint agreement is entered into, not less than 75 percent of the institutions participating in the Football Bowl Subdivision, as defined by Bylaw 20.9.9 of the National Collegiate Athletic Association. (2) Invitation requirement (A) In general The covered entity shall offer membership on fair and nondiscriminatory terms to each conference and each institution that is in Division I, as defined by Bylaw 20.9 of the National Collegiate Athletic Association as of the date of enactment of the Protect College Sports Act of 2026. (B) Optional participation No conference or institution shall be required to join the covered entity or accept an offer under subparagraph (A), but no conference or institution eligible for membership under subparagraph (A) may be refused an invitation to join the covered entity. (c) Voting rights (1) In general (A) Votes of conferences and institutions Subject to subparagraph (C), the covered entity shall— (i) in the bylaws of the covered entity— (I) provide that each member conference or member institution has 1 vote on each type of decision or determination described in paragraph (2); and (II) specify the minimum number of votes required for each type of decision or determination described in paragraph (2); and (ii) require the bylaws to be adopted unanimously by the member conferences and member institutions. (B) Votes of student athletes The covered entity shall— (i) for purposes of decisions and determinations described in paragraph (2)(C), designate not fewer than 10 individuals who, as of the date of designation, are student athletes or were student athletes during the preceding 10-year period; and (ii) ensure that each individual designated under clause (i) has 1 vote on a decision or determination described in paragraph (2)(C). (C) Non-voting member conferences If a conference and 1 or more of the institutions of the conference are members of the covered entity, the conference shall be a non-voting member of the covered entity. (2) Voting thresholds (A) Major decisions A major decision, as defined by the bylaws of the covered entity, shall require a vote totaling not less than 2/3 of the member conferences or member institutions exercising their voting rights. (B) Non-major decisions A non-major decision, as defined by the bylaws of the covered entity, shall require a vote totaling not less than a majority of the member conferences or member institutions exercising their voting rights. (C) Revenue distributions or changes to voting allocations A determination regarding the allocation of collective media rights revenue or a decision to change a voting threshold described in this paragraph shall require a unanimous vote of the member conferences, member institutions, or current or former student athletes exercising their voting rights. (D) Media rights requirement A determination of which media rights shall be contributed to the covered entity pursuant to subsection (f) shall require a unanimous vote of the member conferences or member institutions exercising their voting rights. (d) Revenue allocation formula (1) Method Not less frequently than once each academic year, the covered entity shall distribute the collective media rights revenue among member conferences and member institutions— (A) according to the allocation of collective media rights revenue most recently determined in accordance with subsection (c)(2)(C); and (B) in accordance with the requirements of this subsection. (2) Requirements The distribution of collective media rights revenue under paragraph (1) shall— (A) ensure that— (i) each member conference or member institution receives a minimum distribution of collective media rights revenue, the amount of which shall be established under a bylaw adopted in accordance with subsection (c)(2)(C); and (ii) each member institution receives more collective media rights revenue (excluding revenue from the College Football Playoff) during each academic year than the largest amount of collective media rights revenue (excluding revenue from the College Football Playoff) that the institution received in any single academic year during the period of academic year 2021–2022 through academic year 2024–2025; (B) distribute not less than 15 percent of the collective media rights revenue that remains after compliance with subparagraph (A) equally among all member institutions that received revenue from intercollegiate athletic competitions within intercollegiate football in the Football Bowl Subdivision during academic year 2024–2025; and (C) distribute the collective media rights revenue that remains after compliance with subparagraphs (A) and (B) to member institutions based on the performance of each institution during the academic year with respect to the institution’s contribution to the collective media rights revenue. (3) Transfer of revenue Before distributing collective media rights revenue under paragraph (1), the covered entity shall, in accordance with section 106, transfer an amount of collective media rights revenue to the fund or program established under that section to ensure that the program or fund is adequately funded. (e) Protection of women’s and Olympic sports (1) In general Any member institution that receives collective media rights revenue shall, consistent with applicable intercollegiate athletic association rules, offer and maintain at least as many grant-in-aid opportunities and roster spots for non-revenue generating intercollegiate sports programs, including women’s and Olympic intercollegiate sports programs, during each academic year as the member institution provided during the 2024–2025 academic year. (2) Definition For purposes of this subsection, the term non-revenue generating intercollegiate sports program means an intercollegiate sports program at an institution for which, during an academic year, the revenues generated specifically attributable to that sports program are less than the direct and allocated operating expenses of that sports program. (f) Contribution of media rights (1) Condition of participation The covered entity shall require each member institution or member conference, as a condition of receiving a distribution of collective media rights revenue from the covered entity, to contribute to the covered entity, for sale by the covered entity, the media rights of the member institution or member conference, determined by a vote described in subsection (c)(2)(D), with the exception of the rights in the sponsored telecasting of of— (A) the basketball tournaments organized by the National Collegiate Athletic Association. Association; and (B) all postseason intercollegiate athletic competitions for intercollegiate football within the College Football Playoff for the Football Bowl Subdivision occurring before August 1, 2032. (2) Exclusive authority The covered entity shall have the exclusive authority to negotiate, sell, license, sublicense, and otherwise transfer on a pooled basis media rights contributed under paragraph (1), with the exception of the rights in the sponsored telecasting of of— (A) the basketball tournaments organized by the National Collegiate Athletic Association. Association; and (B) all postseason intercollegiate athletic competitions for intercollegiate football within the College Football Playoff for the Football Bowl Subdivision occurring before August 1, 2032. (3) Relation to contractual rights, obligations, and remedies (A) Contribution of media rights Notwithstanding paragraph (1), no member institution or member conference shall contribute to the covered entity any media rights, that, at the time of contribution, the member institution or member conference is not legally entitled to contribute by reason of an existing contract, including an amendment to such contract, that restricts the assignment, transfer, license, or other conveyance of such media rights. (B) Protection of contractual rights, obligations, and remedies Nothing in this Act shall be construed to eliminate, limit, modify, or otherwise affect any right, obligation, or remedy of any party under an existing contract. (4) Binding agreement The covered entity shall maintain a written agreement, binding on all member institutions or member conferences, that governs the collection and distribution of collective media rights revenue for the duration of the agreement. (5) Preservation of carriage, distribution, and promotion of women's and olympic sports In any joint agreement entered into by a covered entity which includes media rights in football or basketball conveyed pursuant to a vote described in subsection (c)(2)(D), the covered entity shall take reasonable efforts to promote and distribute the media rights for non-revenue generating intercollegiate sports programs in the regular season and post-season, as well as preserve the current levels of carriage, distribution, and promotion. (g) Preservation of conference opponents and traditional rivalries (1) Conference opponents If, as of the date of enactment of the Protect College Sports Act of 2026, more than 6 of the top 10 historic opponents in intercollegiate football of a member institution were intra-conference opponents of the member institution in intercollegiate football during the most recently completed season, the covered entity shall require the member institution to preserve, to the maximum extent practicable, intercollegiate athletic competitions within intercollegiate football amongst all of its current conference opponents as of that date of enactment. (2) Traditional rivalries (A) In general If, as of the date of enactment of the Protect College Sports Act of 2026, more than 2 of the top 10 historic opponents in intercollegiate football of a member institution were out-of-conference opponents of the member institution in intercollegiate football during the most recently completed season, the covered entity shall require the member institution to play intercollegiate athletic competitions within intercollegiate football that constitute traditional rivalries, and ensure that— (i) the member institution plays not fewer than 2 intercollegiate athletic competitions within intercollegiate football that constitute a traditional rivalry every 4 years; and (ii) the member institution plays not less than 1 intercollegiate athletic competition within intercollegiate football each year with an institution that is in a different conference and is one of the top 5 historic opponents in intercollegiate football of the member institution. (B) Institutions with fewer than 4 out-of-conference rivals If a member institution is subject to the requirements under subparagraph (A), and fewer than 4 of the top 10 historic opponents of the member institution in intercollegiate football are member institutions that belong to a different conference, the member institution shall seek to comply with clauses (i) and (ii) of subparagraph (A) to the extent practicable. (C) Savings clause Nothing in this paragraph shall be construed to affect the ability of a member institution to engage in intercollegiate athletic competitions within intercollegiate football against any other member institution within the same conference that was 1 of the top 10 historic opponents in intercollegiate football of the member institution as of the date of enactment of the Protect College Sports Act of 2026. (3) Periodic review; authority to modify requirements 8 years after the date of enactment of the Protect College Sports Act of 2026, and periodically thereafter, but not more frequently than once every 4 years, the covered entity— (A) may review the effects of the requirements under this subsection on fan interest, student athletes, media revenues, and preservation of traditional rivalries and historic opponents; and (B) may modify the requirements under this subsection. (4) No effect on conferences and institutions outside covered entity Nothing in this subsection requires any conference or institution that is not in the covered entity to schedule an intercollegiate athletic competition against any other institution, regardless of whether such an intercollegiate athletic competition is a traditional rivalry. (h) Enforcement of the Act; right To to cure (1) Private right of action Subject to paragraph (2), a person aggrieved by a violation of section 1(b), this section, section 6, or section 7, including a party to a joint agreement to form the covered entity, may bring a civil action against the covered entity in an appropriate district court of the United States. (2) Notice and opportunity to cure A person may only bring a civil action under paragraph (1) for a violation of section 1(b), this section, section 6, or section 7 if— (A) not later than 1 year before bringing the civil action, the person provides to the defendant specific notice of the violation and an opportunity to cure the violation; and (B) the defendant does not cure the violation during the 1-year period beginning on the date of the notice described in subparagraph (A). (i) Participation in covered entity optional (1) In general Nothing in this Act shall, under Federal or State law, establish or be construed to require, mandate, or encourage any institution or conference to join, participate in, or transfer any media rights to the covered entity or to create or give rise to any duty, obligation, or standard of care to take such action. (2) Effect on liability Nothing in this Act, any amendments made by this Act, or a decision by an institution or conference to decline to join or participate in the covered entity may be used to support any claim, cause of action, or theory of liability under Federal or State law that would impose liability on an institution or conference or compel an institution or conference to join or participate in the covered entity. (3) No abrogation of existing contracts Nothing in this section shall be construed to abrogate, terminate, or modify a contract or other legally enforceable agreement in effect on the date of enactment of the Protect College Sports Act of 2026, or to provide a defense to or immunity from a claim arising from breach or nonperformance of such contract or legally enforceable agreement. (4) No liability for declining to participate in covered entity Nothing in this Act shall be construed to permit a person to bring an action under Federal or State law to challenge a decision by an institution or conference to not join or participate in the covered entity..