Case 1:17-cv-05495-MKB-ST Document 30-4 Filed 10/23/17 Page 1 of 10 PageID #: 2291

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

NORTH AMERICAN SOCCER LEAGUE,

LLC,

Civil Action No. 1:17-cv-05495 (MKP) (ST)

Plaintiff,

v.

UNITED STATES SOCCER FEDERATION,

INC.

Defendant.

REPLY DECLARATION OF ROCCO B. COMMISSO

I, Rocco B. Commisso, hereby declare as follows:

1. I am the Chairman of the North American Soccer League (NASL) Board of

Governors. I am also the principal owner of New York Cosmos, LLC (the Cosmos), one of the

eight clubs in the NASL. The Cosmos plays its home games in this District, in Coney Island. I

submit this declaration based upon personal knowledge, except where otherwise noted.

2. I affirm and restate the statements made in Paragraphs 1-31 of my declaration dated

September 20, 2017 and submitted in this matter (ECF No. 3-2).1 I am submitting this Reply

Declaration in response to Defendant United States Soccer Federations (USSF) opposition to

the NASLs motion for a preliminary injunction in this action.

1
Paragraph 29 of my initial Declaration contains a typographical error, and its reference to a ten-club requirement
should instead state twelve-club requirement.

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Background

3. At the age of 12, I moved with my family from Italy to America. Upon graduation

from Mount St. Michael Academy in the Bronx, I attended Columbia University where I received

a full four-year, tuition and board scholarship. I also played soccer in all my undergraduate years.

During my freshman year, our team finished undefeated. In my junior year, I was invited to try-

out for the USA Team organized for the 1972 Olympic Games. In my senior year, I served as co-

captain for the first-ever Columbia soccer team that qualified to compete in the NCAA Mens

soccer tournament.

4. Following college, I attended Columbia Business School. After graduation, I began

my career as a commercial banker in Manhattan and after ten years moved to upstate New York

to work for Cablevision Industries, where I served as Chief Financial Officer for nearly a decade.

5. In 1995, I founded Mediacom, which today is the fifth largest cable television

company in the United States. Since its founding, I have served as Chairman and CEO of

Mediacom, which is privately owned by me and my family.

6. Mediacom has over 4,600 employees in 22 states, and provides advanced

broadband, video, and telecommunications services to nearly 1.4 million customers in 1,500 small

cities and towns in the U.S.

7. Over the past twenty years at Mediacom, I have negotiated many media and sports-

related content transactions, with companies such as FOX, NBC, CBS, ESPN, Viacom and Time-

Warner. I am also more than familiar with the value and operation of sports businesses, whose

broadcasts are made available to consumers through Mediacom cable systems.

8. Throughout my career, I have remained deeply connected to Columbia University

and its soccer program, both personally and financially. As an alumnus, I co-founded the alumni

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advisory group, Friends of Columbia Soccer, and served as its Chair from 1979 to 1986, during

which period Columbia finished as the Ivy League Champion each year. In 2004, as part of the

Universitys 250th Anniversary Celebration, I was honored to be named one of the 250 Greatest

Columbia Undergraduate Alumni by the Columbia Daily Spectator. In 2013, the Columbia soccer

venue at the Baker Athletic Complex was renamed the Rocco B. Commisso Soccer Stadium. And

in 2016, I was inducted into the Columbia University Athletics Hall of Fame.

Purchase of the Cosmos

9. In late 2016, I was made aware that the Cosmos were having financial difficulties

and would be sold soon. Over the previous twenty years, I had explored but ultimately declined

other opportunities to become involved with professional soccer, including occasions to purchase

all or part of professional teams in Italy, England and the United States. However, I lived, went

to school and worked in the Bronx, Brooklyn and Manhattan during the Cosmos glory years in

the 1970s, so when a chance to acquire the legendary Cosmos presented itself, I seized the

opportunity. As I said at the time, my investment to save the Cosmos was my way of giving back

to the sport that gave me the opportunity to realize my own American Dream.

10. The NY Cosmos are the reigning champions of the NASL and the most recognized

American soccer brand in the world. Since beginning play at Yankee Stadium in 1971, the iconic

franchise has won a record total of eight professional soccer championships, more than any other

club in the U.S. It brought to American soil many superstars in the world of soccer, including

Pele, Beckenbauer, Chinaglia, Alberto in the 1970s and more recently, Raul and Senna. On the

global scene, the Cosmos have earned the reputation as Americas soccer ambassador, having

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played 129 contests in 48 different countries, including friendly matches in China (1977), Cuba

(2015), and Saudi Arabia (2017) to further the foreign policy objectives of the U.S. Government.

11. During negotiations to buy the Cosmos in December 2016, I was informed that

there were several competing offers. One of those offers was from entities related to MLS who

were bidding to acquire the Cosmos with the intent to terminate the franchise and eliminate the

organization as a competitor.

12. Upon my purchase of the Cosmos, I came to learn that Soccer United Marketing

(SUM) had made an offer to purchase the Cosmos for $5,000,000 in a December 15, 2016 e-

mail from Jon Patricof, President of New York City FC (an MLS team), to the former owner of

the Cosmos, copying MLS President and Deputy Commissioner Mark Abbott. A true and correct

copy of this December 15, 2016 e-mail, attaching the SUM offer, is attached hereto as Exhibit A.

The terms proposed by the SUM offer required, among other things, that the Cosmos cease

operations.

13. My purchase of the Cosmos in January 2017 was conditioned upon the NASL

receiving Division II sanctioning for the upcoming 2017 season. This level of sanctioning was

essential to my investment in purchasing the Cosmos, and my commitment to continue to invest

millions of dollars to attract and develop top player talent and front-office employees.

14. After acquiring the Cosmos, I was heavily involved in all aspects of the business

and learned firsthand the time and effort needed to prepare a NASL club for competition. Indeed,

I participated in all aspects of the Cosmos business, including negotiating player, coach and front-

office employee contracts, sponsorship and television agreements as well as our stadium lease at

MCU Park in Brooklyn.

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15. It was my understanding then (and today) that the NASLs and its clubs business

models, including that of the Cosmos, are premised on the NASL beingat a minimuma

Division II league but seeking to compete at the top tier of professional soccer as part of Division I.

New NASL Clubs

16. In my role as Chairman of the NASL Board of Governors, I have been heavily

involved in discussions and negotiations with ownership groups in major metropolitan areas to

bring new clubs to the NASL. Each potential ownership group has expressly indicated that its

interest in joining the NASL is conditioned upon the NASL receiving Division II sanctioning for

the upcoming 2018 season. I believe that due to the USSFs withholding of Division II sanctioning

from the NASL and the ongoing uncertainty about the NASLs divisional status in 2018, these

potential NASL ownership groups have been more hesitant to enter into any definitive agreement

until the NASLs status has been confirmed.

17. Paragraph 29 of my initial Declaration, filed on September 20, 2017, noted that

[t]he NASL has received letters of intent signed by six additional teams interested in joining the

NASL in 2018. Should the Court grant the NASLs Motion to File Under Seal, which I

understand has been filed concurrently herewith, true and correct copies of those Letters of Intent

will be attached hereto as Exhibits B-G. Since the filing of my initial Declaration, and as

described below, a number of those ownership groups have entered into New Team Agreements

to join the NASL in 2018.

18. As of the date of this Declaration, the NASL has received New Team Agreements

from six clubs to join the NASL for the 2018 season, Letters of Intent from two additional clubs

to join the NASL for the 2019 season, and is in discussions with a number of additional clubs to

join the NASL in the near future.

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19. An ownership group in has entered into a New Team

Agreement with the NASL under which the group has committed to bring a new team to the NASL

for the 2018 season (the Club). The New Team Agreement, however, expressly

conditions the Clubs commitment to the league on the NASL securing sanctioning

by the USSF to operate as a Division II Mens Outdoor Professional League for the 2018 season

(as well as the execution of definitive documentation consistent with the New Team Agreement).

Should the Court grant the NASLs Motion to File Under Seal, which I understand has been filed

concurrently herewith, a true and correct copy of this New Team Agreement will be attached hereto

as Exhibit H.

20. An ownership group in has entered into a New Team

Agreement with the NASL under which the group has committed to bring a new team to the NASL

for the 2018 season (the Club). The New Team Agreement, however, expressly

conditions the Clubs commitment to the league on the NASL securing sanctioning by the

USSF to operate as a Division II Mens Outdoor Professional League for the 2018 season (as well

as the execution of definitive documentation consistent with the New Team Agreement). Should

the Court grant the NASLs Motion to File Under Seal, which I understand has been filed

concurrently herewith, a true and correct copy of this New Team Agreement will be attached hereto

as Exhibit I.

21. An ownership group in has entered into a New Team Agreement

with the NASL under which the group has committed to bring a new team to the NASL for the

2018 season (the Club). The New Team Agreement, however, expressly conditions the

Clubs commitment to the league on the NASL securing sanctioning by the USSF to

operate as a Division II Mens Outdoor Professional League for the 2018 season (as well as the

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execution of definitive documentation consistent with the New Team Agreement). Should the

Court grant the NASLs Motion to File Under Seal, which I understand has been filed concurrently

herewith, a true and correct copy of this New Team Agreement will be attached hereto as Exhibit

J.

22. An ownership group in has entered into a New Team

Agreement with the NASL under which the group has committed to bring a new team to the NASL

for the 2018 season (the Club). The New Team Agreement, however, expressly

conditions the Clubs commitment to the league on the NASL securing sanctioning by

the USSF to operate as a Division II Mens Outdoor Professional League for the 2018 season (as

well as the execution of definitive documentation consistent with the New Team Agreement).

Should the Court grant the NASLs Motion to File Under Seal, which I understand has been filed

concurrently herewith, a true and correct copy of this New Team Agreement will be attached hereto

as Exhibit K.

23. An ownership group in has entered into a New Team Agreement

with the NASL under which the group has committed to bring a new team to the NASL for the

2018 season (the Club). The New Team Agreement, however, expressly conditions the

Clubs commitment to the league on the NASL securing sanctioning by the USSF to

operate as a Division II Mens Outdoor Professional League for the 2018 season (as well as the

execution of definitive documentation consistent with the New Team Agreement). Should the

Court grant the NASLs Motion to File Under Seal, which I understand has been filed concurrently

herewith, a true and correct copy of this New Team Agreement will be attached hereto as Exhibit

L.

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24. An ownership group in has entered into a New Team

Agreement with the NASL under which the group has committed to bring a new team to the NASL

for the 2018 season (the Club). The New Team Agreement, however, expressly

conditions the Clubs commitment to the league on the NASL securing sanctioning

by the USSF to operate as a Division II Mens Outdoor Professional League for the 2018 season

(as well as the execution of definitive documentation consistent with the New Team Agreement).

Should the Court grant the NASLs Motion to File Under Seal, which I understand has been filed

concurrently herewith, a true and correct copy of this New Team Agreement will be attached hereto

as Exhibit M.

25. An ownership group in has sent the NASL a letter to

reaffirm its commitment to bring a new team to the NASL for the 2019 season (the

Club). The letter, however, expressly conditions the Clubs commitment to the

league on the NASL securing sanctioning by the USSF to operate as a Division II Mens Outdoor

Professional League (as well as the execution of definitive documentation and approval by the

NASL Board of Governors). Should the Court grant the NASLs Motion to File Under Seal, which

I understand has been filed concurrently herewith, a true and correct copy of this Letter of

Commitment will be attached hereto as Exhibit N.

26. An ownership group in has entered into a Letter of Intent with the

NASL under which the group has committed to bring a new team to the NASL for the 2019 season

(the Club). The Letter of Intent, however, expressly conditions the Clubs

commitment to the league on the NASL securing sanctioning by the USSF to operate as a Division

II Mens Outdoor Professional League for the 2019 season (as well as the provision or securing of

any necessary financing). Should the Court grant the NASLs Motion to File Under Seal, which I

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understand has been filed concurrently herewith, a true and correct copy of this Letter of Intent

will be attached hereto as Exhibit O.

27. In addition, the NASL has received interest from and engaged in discussions with

several other ownership groups in major metropolitan cities to bring new clubs to the NASL in the

near future.

Response to the Declaration of USSF President Sunil Gulati

28. In his declaration, Mr. Gulati made a number of statements regarding

communications that he and I allegedly had. I am not going to respond to each of the inaccuracies

contained in Mr. Gulatis declaration, most of which have nothing to do with this case. However,

Mr. Gulati stated that I made a comment in January 2017 expressing my belief that USSF has the

authority to change how each league operates. Gulati Decl. 220 (ECF No. 26-1). I have no

recollection of making any such comment, and, although I am aware that USSF claims to have that

authority, I neither believe nor have I ever intended to suggest that it is permitted under U.S.

antitrust laws for the USSF to impose and apply its Professional League Standards, or to otherwise

exercise the scope of the authority over professional soccer leagues or teams that it has tried to

usurp. Any statement that I may have made about the scope of the claimed or actual authority of

the USSF would be subject to the implicit assumption that such authority would be limited or

qualified by applicable law.

I hereby declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct.

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