The proposal was predicated on U.S. Soccer giving the new league:
(1) a 10-year runway to meet U.S. Soccer's divisional standards -- time to attract new investors and build sustainable, independently owned teams -- and;
(2) a waiver so investors could own multiple teams, using MLS in its early days as its precedence.
Commisso, who is currently spearheading litigation against U.S. Soccer and all but one current board member individually, also had five conditions:
-- End to conflicts arising from U.S. Soccer's relationship with SUM (or proper management of conflicts);
-- Equal representation and voting power on U.S. Soccer's board for each pro league;
-- Rules established to address “poaching” strategies utilized by both MLS and USL to destabilize competing leagues;
-- Ban on board members with ties to pro leagues or business partners from playing any role in the selection of the board's independent directors or Athlete Council members);
-- An open and competitive bidding process for the licensing of the U.S. national team rights currently held by SUM.
Flynn also addressed each of the conditions. He also advised Commisso that a league could apply for sanctioning with details of his proposal. A meeting between U.S. Soccer president Carlos Cordeiro and Commisso, as the latter requested, never too place, nor did a proposed meeting between U.S. Soccer representatives and Commisso.
Flynn said if the new league was in compliance with the applicable standards or in substantial compliance and included a detailed plan for coming into full compliance within a reasonable period of time, sanctioning should not be a problem.
In an open letter to the U.S. Soccer stakeholders, Commisso said his "fight to grow the game of soccer in America does not end today." He added that the NASL will continue to pursue its breach of fiduciary duty claims against federation board members in New York state court and begin the discovery phase in its antitrust litigation in Federal court against U.S. Soccer and MLS.