ACC Grant of Rights: The Beginning of the End of Conference Realignment?

Despite being a Big Ten guy that would personally love to have Jim Delany add Florida State, I’ve repeated the following statement many times on this blog: the ACC is much stronger than what people give it credit for. It’s not that I’m a fan of the ACC at all, but simply a reflection that it has never been as open for poaching as so many conference realignment observers thought or wanted it to be. Despite perceived TV contract problem, it’s a conference with strong brand names and good-to-great academics in arguably the most demographically desirable geographic footprint of any league in the country. So, it wasn’t a surprise to me that the ACC finally solidified its position to the outside world with its members unanimously agreeing to a grant of media rights to the conference through 2026-27. For the uninitiated, the “Grant of Rights” is a key tool in protecting a conference’s membership since each school individually grants its media rights to its league for a set period of time, which applies even if such school ends up defecting. For example, if an ACC school now attempted to leave for the Big Ten, SEC or Big 12, the ACC would still own that school’s media rights until 2026-27. That effectively makes ACC schools worthless from a raiding conference’s standpoint since they either can’t get access to those media rights or would have to pay a large buyout to the ACC to obtain them. The Big Ten, Pac-12 and Big 12 schools have already agreed to a grant of rights to their respective conferences.

With 4 of the 5 power conferences having a vested legal interest in seeing grant of rights agreements being upheld in court (and the 5th power conference that doesn’t have a grant of rights, the SEC, being so strong financially off-the-field and competitively on-the-field), it’s likely that we have seen an end to power conference realignment for the next decade or so. There’s a chance that the Big 12 may be compelled to expand back up to 12 or more members from its current 10 or that the Pac-12 could eventually find a current Mountain West Conference member attractive, but the shifting between the power conferences themselves is probably over. From the Big Ten’s perspective, it’s probably all well and good. As much as I personally wanted the Big Ten to look at a school like Florida State, it likely only had eyes for the AAU likes of Virginia, North Carolina and Georgia Tech, all of whom would have been extremely difficult to poach (particularly UNC). The SEC also was set on looking at UNC and maybe rival Duke as a pair, which also would have been a monumental task to pull off. Much like the Big Ten was better off seeing Texas stay in a weakened Big 12 as opposed to heading off to a stronger Pac-16, if Jim Delany can’t nab his alma mater of UNC for himself, maintaining the status quo is much more preferable than seeing UNC head off to the SEC (as unlikely that would have been). From both the conference financial and fan perspectives, there isn’t any Big Ten expansion scenario that makes any sense without 2 or more schools from one of the ACC or Big 12. I’m sure that Mike Slive and SEC fans would feel the same way about SEC expansion.

The conference realignment game has been particularly cruel to American Athletic Conference* orphans UConn and Cincinnati. Their most realistic paths back to power conference status were all via further raids of the ACC opening up more slots. Neither school fits the profile of what the Big Ten and SEC would be looking for, the Pac-12 is out of geographic reach, and the ACC isn’t likely going up to 16 with either of them and would only be interested in them as backfill candidates in the event they ever do lose other members. The best hope for UConn and Cincinnati at this point (and it’s a bit better for the latter) is that the Big 12 ends up having an urgent need to expand again. Using 20/20 hindsight, the Big 12 might rue the day that they passed over taking Louisville and a 12th school (either BYU or Cincinnati) as the ACC surprised a lot of people in grabbing what has ended up being a fairly valuable football and basketball chip off of the table. A Louisville/BYU combo was likely financially viable to the Big 12 in a way that any BYU/Cincinnati/UConn combo probably can’t be, so the Big 12 seems stalled at 10. That might be perfectly fine for the conference’s university presidents and athletic directors at this time, but having a lack of viable expansion options is a much more acute long-term problem for a 10-school conference than ones at 12 or 14 members. I’ve never been a proponent of any conference expanding simply for the sake of expanding, yet it feels like the Big 12 didn’t take advantage of a momentary position of strength after they signed their new TV deal with ESPN and Fox last year. Now, to be sure, I never bought for one second that the Big 12 had any legitimate chance at Florida State and Clemson (the former was really only interested in shaking the money trees of the Big Ten and SEC). However, adding Louisville and BYU would have been a solid expansion both athletically and geographically for the Big 12 and that’s an opportunity that has slipped away. The ACC’s choice of Louisville over UConn and Cincinnati effectively blocked Big 12 expansion, whether John Swofford intended for that to happen or not (and I tend to agree with Andy Staples that Swofford is a ninja that has been underestimated by a lot of college sports fans).

(* My vote for the new AAC logo is here.)

As for the ACC itself, there’s little point in entertaining expansion for the foreseeable future. Contrary to the belief of a surprisingly large number of sports fans, the fact that the ACC has an odd number of basketball teams as a result of Notre Dame’s non-football membership has absolutely zero bearing on conference realignment. The only time that an odd number of schools matters is for a football alignment, which wouldn’t apply in the case of the ACC. Therefore, the conference certainly wouldn’t add a single all-sports member to create an odd number of football schools, and it’s doubtful that going up to 16 is appealing with the ongoing hope (however misguided that it might be) that Notre Dame might join the league as a football member within the next 40 years.

Speaking of Notre Dame, the Irish have managed to solidify their independence for the foreseeable future with an extension of their contract with NBC through 2025. If one thing has been made clear through conference realignment over the past 3 years (to the extent that it wasn’t already clear), it’s that Notre Dame’s ironclad principle is to maintain independence above making the most TV money (which, to be sure, is still quite good for them), scheduling concerns or any other factor besides being structurally foreclosed from winning a national championship (which will be far from the case in the new 4-team playoff format). The ACC is honestly a perfect setup for Notre Dame – the Irish get access to a power conference for non-football sports and a full slate of bowls with a partial conference scheduling commitment that consists largely of schools that they would generally be willing to play, anyway. They’re not going anywhere for a loooong time.

Now, conference realignment for the world outside of the five power football conferences is far from over. The formation of the “new” Big East is spurring a large scale realignment of non-FBS Division I conferences (starting with the Atlantic 10 adding George Mason and Davidson and the Missouri Valley Conference taking Loyola). Many FCS football programs are finding themselves in financial purgatory where they are looking to move up to FBS homes. There might even be a full scale realignment of the college sports world with a possible breakaway of the top football leagues from the NCAA. Still, it feels like the big conference realignment moves (outside of that possible NCAA break-up) have been completed… except, of course, for Johns Hopkins going to the Big Ten.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from ImageEvent)

Penny Wise and Pound Foolish: Rumors of Florida State and the Big 12

For long-time readers of this blog, you know how important that I consider TV rights to be in shaping the world of sports, both college and pro.  It has driven conference realignment the past couple of years, convinced the reactionary leaders of college football to finally institute a playoff, turned the NFL into a financial juggernaut and exacerbated the differences in the fortunes of franchises in the NBA and Major League Baseball.  From the first post that I had in writing about Big Ten expansion, I emphasized how important that the TV revenue from the conference’s deals with ABC/ESPN and the Big Ten Network would be in luring a football power when most fans only thought about geography and historical rivalries.

However, it feels as though the world has gone in the other direction where even hardcore football fans seem to believe that TV revenue is all that matters in conference realignment.  That’s not quite correct, either, as I also tried to indicate in that original Big Ten Expansion post.  Factors such as academics and cultural fit matter if a conference wants to be strong for the long-term as opposed to just the length of the current TV contract.

So, it was quite amazing to me to witness Andy Haggard, the Chairman of the Board of Trustees of Florida State spew out inflammatory comments against the new ACC television deal with ESPN and suggest that the school should explore options with the Big 12.  Never mind that Haggard was wrong about the details of that TV deal that he was complaining about, which was subsequently corrected by Florida State president Eric Barron and caused Haggard to somewhat backtrack from his initial comments.  The damage is done – the Florida State blog and message board crowd, to the extent that they didn’t already believe that they weren’t getting screwed by the Tobacco Road crowd, are now wholeheartedly ready to sign over the deed to their athletic department to DeLoss Dodds.

Before I get into my opinion, I’ll give credit to The Dude from Eerinsider.com for writing about his belief that Florida State would be going to be Big 12 for several months.  Frankly, I still don’t know how people from West Virginia could know more about the intentions of schools such as Texas, Florida State, Clemson and Louisville than those schools’ own respective insiders and beat reporters, but The Dude has certainly been unwavering in his beliefs and deserves some kudos for, at the very least, socializing the idea that Florida State going to the Big 12 is viable.  I know that I and many others have been dismissive of that speculation, so I’ll need to eat some crow for that.

As for my opinion: if Florida State is seriously considering leaving the ACC for the Big 12, then that would be incredibly short-sighted.  This is the ultimate “penny wise and pound foolish” move.  Eight months ago, the world was discussing whether the Big 12 would even exist going forward.  Texas or Oklahoma sneezing gives the entire Big 12 pneumonia and that’s something that’s never going to change.  Regardless of how large and long the new Big 12 TV contract might be, the one thing that you know about the ACC is that its core of North Carolina, Duke and Virginia aren’t interested in going anywhere.  Maybe the ACC can be weakened on the football front by defections by the likes of Florida State, but the league is going to live on.  In contrast, the biggest flight risks in the Big 12 are the members of its core itself: Texas and Oklahoma.  A blue blood athletic program like Kansas was talking to the Big East back in 2010 for fear of not having a place to land.  As a result, any complaints from Tallahassee about the supposed power of Duke and UNC over the ACC ring hollow for anyone that can remember only eight months back to the primary example of what happens when a school truly runs a conference.  The Big 12 is a power conference that has cheated death twice in two years.

This isn’t a criticism of Texas: the Longhorns have the most powerful college sports brand outside of Notre Dame, so they’re wisely leveraging the assets that they have.  Any school would have taken ESPN’s offer for the Longhorn Network in a heartbeat.  The skepticism comes in as to whether the “third tier” TV rights that are now the subject of so much consternation really have that much value for schools other than Texas.  As Matt Sarzyniak noted, the definition of “third tier rights” is vastly different depending upon the conference.  (Note that it is difficult to find accurate information about the value of third tier TV rights alone.  Many third tier media rights calculations include radio rights, coaches’ shows and Internet streaming capabilities, which all of the major conferences, including the ACC, allow schools to keep for themselves.)

Is it reasonable to assume that Florida State would automatically garner $5 million extra or more per year from selling its third tier TV rights, or is that number going to be mixed in with radio rights that the Seminoles are already selling, so the additional dollars that would be garnered in theory by going to the Big 12 isn’t as much as it would seem?  I don’t have an answer to that question, but it’s not nearly as simple as, “Texas is getting $15 million for its third tier rights, which means that Florida State has got to be able to make at least half of that amount.”  The Longhorn Network is such an outlier for third tier TV rights that it can’t really be used for comparison purposes.  In fact, the best comparison for Florida State would be what Texas A&M made off of its third tier rights in the Big 12 as school that is #2 in its home state with a large and loyal fan base.  My understanding is that amount really wasn’t that much (which is partially why the Aggies had such an issue with the Longhorn Network in the first place).  The third tier TV rights disparity ended up driving Texas A&M away from the Big 12 and now it’s being argued as a lure to draw Florida State in.  (Note that the SEC still reserves third tier rights for individual schools in a similar fashion as the Big 12, so A&M might be seeing better revenue from those rights in its new home.)  It’s fascinating to see that turn of events.

The bottom line: Florida State would be leaving the ACC for the Big 12 solely for money.  That’s the entire argument.  Now, that certainly can be a persuasive argument that will rule the day.  However, in every other major conference move, there was something more than money at stake.  Nebraska got a better academic home in the Big Ten, Colorado culturally fits better in the Pac-12, Texas A&M and Missouri received stability in the preeminent football conference in the SEC, and Pitt and Syracuse and West Virginia and TCU left even more unstable situations in the Big East for the ACC and Big 12, respectively.  Even if you were to argue that money was the driving factor in all of those moves (and without a doubt, it mattered a ton), there were still other holistic arguments that could be made to respective universities that could convince the ivory tower types that there were positives beyond the value of the current TV contract.  That simply isn’t the case when comparing the situations of the ACC and Big 12.  Academically, the ACC is higher-rated than the Big 12 and is the only power conference besides the Big Ten with a research consortium*.  Stability-wise, the ACC has stayed together since 1953 with only one defection (South Carolina to the SEC became independent in 1971**) compared to the musical chairs in the Big 12 over the past two years.  Geographically, Florida State goes from a contiguous coastal conference to one that starts looking like a big budget version of the Big East.  Market-wise for recruiting and TV, Florida State would get access to Texas but lose all of the other fast-growing states in the ACC’s southeastern footprint.  Culturally, for all of the talk about the ACC being a “basketball league” and the Big 12 being a “football league”, the ACC added Miami and Virginia Tech purely for football purposes (and drawing the ire of the supposedly almighty Duke and UNC) while pure football schools Nebraska and Texas A&M couldn’t leave the Big 12 fast enough.

(* EDIT 1: The SEC also has an academic consortium.)

(** EDIT 2: South Carolina joined the SEC in 1992.)

I know that plenty of fans will continue to believe that factors such as academics don’t matter and that it’s simply about the money.  Heck, even Haggard himself believes that when he said, “No FSU graduate puts on his resume or interviews for a job saying they are in the same conference as Duke and Virginia.  Conference affiliation really has no impact on academics.”  That’s an understandable position and considering how much university presidents are searching for every penny these days, it’s not surprising.  However, the people running universities day-to-day certainly don’t believe that, as Barron stated in a memo that the “faculty are adamantly opposed to joining a league that is academically weaker.”  My much more connected SEC expansion counterpart, Mr. SEC, also says that academic prestige is a massive issue with actual decision-makers in conference realignment.

Look – I have no skin in this game.  I’ve stated many times before that few things would make me happier than Duke being relegated to the Southern Conference.  There is no personal affection for the ACC from my end at all.  I’m just looking at this from an outsider’s point of view.  If Florida State absolutely needs the short-term revenue boost from the Big 12 (and that could certainly be the case with the school’s athletic department deficit), then I understand the Seminoles jumping.  I’m past the point of being shocked that a school would move for a few extra TV dollars.  However, I would still be surprised if they defect on the basis that every single other factor for Florida State (academics, stability, geography, markets) points to staying in the ACC, which is unlike any of the other power conference moves over the past two years.  Long-term, the TV money difference between the Big 12 and ACC on its face isn’t enough to discount all of those other factors.

The irony is that for all of the complaints that Florida State fans might have about the supposed basketball focus of Tobacco Road, if the Seminoles had performed half as well in football as they have had in basketball recently (four straight NCAA Tournament appearances, a Sweet Sixteen run and an ACC Tournament championship), no one would be talking about a “weak” ACC football league and ESPN probably would have thrown even more money toward the conference.  Regardless, don’t just look at the TV money, as important as that might be.  Nebraska would have gone to the Big Ten even if there wasn’t a clear increase in TV money.  For that matter, West Virginia would have gone to the Big 12 regardless of the TV contract.  However, the answer isn’t clear that Florida State would ever choose the Big 12 over the ACC if the TV money wasn’t a factor.  There’s a difference between taking money for the short-term (and in college sports parlance, a 13-year TV contract can definitely still be “short-term”) and determining the best choice for the long-term.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from KC College Gameday)

Take Me Down Like I’m a Domino: Realignment in the Rest of the World

With the Big 12 on the verge of signing a large new TV rights extension deal with ESPN and Fox and seemingly heading toward a period of stability, conference realignment is looking more about completing the domino effect of the moves by the power conferences.

The merger of the Mountain West Conference and Conference USA is progressing at tortoise speed with 16 schools for now and periodic rumblings/threats that it may grow as large as 24.  There’s still the specter of the Mount USA Alliance losing Air Force to the Big East, but that would likely be the extent of any further defections.  Honestly, outside of the possibility of having to replace Air Force, I don’t see any real value in the Mount USA expanding further.  As of now, there can be an easily manageable 16-team conference with 2 logical 8-team divisions.  Adding any more schools would be the essence of expansion for the sake of expansion.  The Mount USA is already in a precarious position with how much their TV contracts would be valued today, so further expansion would likely just dilute any rights fees.  So, if the Mount USA is smart, the WAC will receive a reprieve.

Meanwhile, the Atlantic 10 is the new scene for hot conference realignment action.  Temple will be leaving for the Big East while Charlotte has been invited to the Sun Belt in connection with the school’s move-up to Division I-A football in 2015, which means the A-10 is looking for reinforcements.  Brett McMurphy of CBSSports.com has reported that VCU, George Mason and Butler have had discussions with the A-10.  If this is consummated, I like the move from the perspective of all parties involved.  The A-10 would establish rivalries in the Washington, DC area (George Mason vs. George Washington) and Richmond (VCU vs. Richmond) while providing Midwestern bridge between its Ohio members (Xavier and Dayton) and St. Louis University by adding Butler.  In turn, the A-10 has consistently garnered multiple bids to the NCAA Tournament, which is something that none of the potential additions could count on in the Colonial Athletic Association or Horizon League, respectively.

If I were running the A10, I’d also be taking a look at current Horizon League members Loyola University Chicago and Detroit.  While they haven’t had recent Final Four runs like VCU, George Mason and Butler, those schools fit well with the large Catholic school contingent in the A-10, are located in large TV and recruiting markets, and provide a critical mass of schools in the Midwest.

Are these moves as titillating as the persistent rumors thrown around about the Big 12 poaching ACC schools such as Florida State and Clemson (which I don’t buy for one second)?  Of course not, but it’s important to note the range of the aftershocks of the realignment of the power conferences.  If the Atlantic 10 expands, then the Horizon League and CAA will likely need to find replacements, which means even more leagues further down the food chain are affected.  The drive for big-time college football revenue is impacting every type of Division I institution, including those that don’t play football at all.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from Manga Xanadu)

Sports Data From Nielsen: TV Viewership for College Conferences and Pro Sports Social Media Buzz

This blog has been a hub of activity for conference realignment discussion and other issues in the business of sports for the past couple of years, but it has sometimes been difficult to get quantitative data to back up what many of us observe qualitatively (such as the popularity of fan bases and conferences).  So, the following presentation direct from Nielsen (the TV ratings firm) about the 2011 sports year provides a treasure trove of previously unknown (at least to me) and fascinating statistics about pro and college sports TV viewership, social networking buzz and ad spending:

State of the Media 2011 Year in Sports

This slide presentation was uploaded by ceobroadband at slideshare.net.  Nielsen analyzed everything from the four major pro sports leagues to the rising viewership of the English Premier League in the US, so there’s something here for every type of sports fan.  It’s key that this analysis is coming directly from Nielsen itself, whereas a lot of other viewership figures that get reported these days come from leagues, conferences and TV networks themselves and are spun to put them in the most favorable light.  As a result, the slide presentation is about as unbiased as you can reasonably get on the subject matters at hand.

One of the more interesting charts is on slide 4, where Nielsen tracked the social media buzz for the major pro sports leagues over the course of 2011 and news events where activity spiked on Twitter and Facebook.  Major League Baseball can’t be happy to see social networking mentions hover around the NHL’s numbers and its 7-game World Series last year didn’t produce a real spike in activity compared to the NBA Finals.  I’m not surprised by the fact that the NBA has more social networking buzz compared to MLB since the basketball league’s fan base skews younger, but I didn’t expect baseball to be on the social media level of hockey.  (Note that there’s no point in comparing any other sport to the NFL in America: pro football blows everything else away on every metric.  The only discussion is about who can take second place.)

For college sports fans, slide 9 presents some extremely pertinent information that few of us have seen before: the average TV viewer numbers per game for each of the 6 power conferences for both football and basketball.  With so many issues in college sports, such as conference realignment and a football playoff, driven by television money, these viewership figures are enlightening (and surprising in some cases).

Here are the average football viewership totals by conference according to Nielsen:1. SEC – 4,447,000
2. Big Ten – 3,267,000
3. ACC – 2,650,000
4. Big 12 – 2,347,000
5. Pac-12 – 2,108,000
6. Big East – 1,884,000

Here are the average basketball viewership totals by conference according to Nielsen:1. Big Ten – 1,496,000
2. ACC – 1,247,000
3. SEC – 1,222,000
4. Big 12 – 1,069,000
5. Big East – 1,049,000
6. Pac-12 – 783,000

Some takeaways from those figures:

A. The Big Ten and SEC deserve every penny that they receive and then some – The readers of this blog probably aren’t surprised by the football viewership numbers, but the proverbial icing on the cake is how strong both of them are in basketball.  ACC alum Scott Van Pelt of ESPN once said, “Watching Big Ten basketball is like watching fat people have sex.”  Well, the Big Ten even tops the vaunted the ACC in basketball viewership and it’s by a fairly healthy margin.

B. The ACC has an undervalued TV contract – The flip side of the Big Ten and SEC analysis above is that while the ACC’s basketball viewership strength isn’t unexpected, the much maligned football side actually has strong TV numbers.  If you take a step back for a moment, it makes sense.  Florida State and Miami continue to be great national TV draws (even when they’re down) and schools such as Virginia Tech bring in large state markets.

C.  Pac-12 Commissioner Larry Scott can sell ice cubs to Eskimos – The viewership numbers for the Pac-12 in both football and basketball indicate that they shouldn’t be in the vicinity of the ACC and Big 12 TV contracts, much less currently above the Big Ten and SEC.  The football numbers might be a little lower compared to a normal season with USC having the scarlet letter of not being able to go to a bowl this year, but one would think that some of that would have been countered by strong Stanford and Oregon teams.  Meanwhile, the basketball numbers are just awful – the Pac-12 definitely needs UCLA to resuscitate itself to be viable nationally.  The Pac-12 presidents ought to give Larry Scott a lifetime contract with the TV dollars that he’s pulled from ESPN and Fox.

D.  Big East basketball is a weaker draw than expected – No one should be surprised by the weak Big East football numbers.  However, the basketball and large market-centric side of the league actually had fewer hoops viewers than any of the power conferences except for the Pac-12, which doesn’t bode well with the league losing the strong draws of Syracuse, Pitt and West Virginia.  The Big East was also widely acknowledged as the top conference in basketball last year, so the league was at its competitive peak in the post-2003 ACC raid era.  This gives credence to the argument that large media markets in and of themselves don’t matter as much as large and rabid fan bases that draw in statewide audiences.

E.  The Big 12 is appropriately valued – For all of the dysfunction of the Big 12, it might be the one conference whose TV contracts are actually in line with their viewership numbers.  The Big 12 is ranked #4 among the power conferences for both football and basketball and the likelihood is that it will end up as the #4 conference in TV dollars after the Big Ten, Pac-12 and SEC when all is said and done.

There’s lots of other data to chew on here that I may examine in future posts, but for now, the college conference viewership breakdown is something that I haven’t seen before and puts some quantitative backup to what we have speculated was behind conference realignment moves.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Slides from slideshare.net)

TCU Invited to the Big 12: Open Thread

According to Brett McMurphy of CBS Sports (and now corroborated by numerous other reports), TCU has been invited to the Big 12.  There’s also speculation that there will be another announcement from the Big 12 today.  My guess is that it would have to do with also adding BYU or maybe DeLoss Dodds has hoodwinked Missouri into staying.  I’ll have more thoughts later, but you can use this post as a new open thread to discuss the latest news.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

ACC, It’s Easy as 1, 2, 3 Hundred Million for Texas

In the past 2 weeks, we’ve seen stories that Texas is saving the Big 12, moving west with Oklahoma to the Pac-12, joining the Big Ten with Notre Dame and now the ACC is the new frontrunner for the Longhorns.  The only constant seems to be that Texas wants absolutely nothing to do with the SEC (even though that conference might most easily be able to take on the Longhorn Network without disruption to the rest of the league’s revenue and TV rights structure) because of a combination of academics and cultural fit.  (It’s NOT about “being scared” of the SEC, as Clay Travis suggests.  I like Clay and he normally avoids the fanboy-type of arguments you’ll find on a lot of message boards, but he’s way off base here.  No school moves from or avoids conference because they’re “scared” or really much of anything to do with results on the field.)

THE POSITIVES FOR TEXAS

There are a few items that seem to make sense for Texas in a possible move to the ACC:

(1) ESPN controls all ACC TV rights – Out of the three main contenders for the services of Texas, the ACC has a clear advantage over the Pac-12 and Big Ten in that ESPN controls all ACC television rights at all tiers.  In contrast, the Pac-12 Network that will be wholly-owned by the conference has control of a large chunk of football and basketball inventory while Fox is the Big Ten’s partner on the BTN.  While ESPN sublicenses syndicated packages of ACC games to Raycom, the Worldwide Leader is still ultimately in control of all of that conference’s content.  This makes it much easier from a pure TV rights perspective for the ACC to take in the ESPN-owned Longhorn Network.  There would need to be some maneuvering with Raycom, but certainly not to the extent that would need to occur with the respective networks run by the Pac-12 and Big Ten.

(2) Top Tier Academics – If Texas is going to leave the Big 12, then academic reputation of the destination conference is an important factor and a big reason (if not the top reason) why the school has never been interested in the SEC.  On this front, the ACC is arguably the best of all of the BCS conferences at least on the undergraduate level, where 7 of its schools reside in the top 50 of the latest US News rankings.  (The Big Ten generally gets the nod as the top academic BCS conference at the graduate level.)  Note that when I talk about academics, I mean overall institutional reputations as opposed to, say, the classroom performance of football players in Miami that reek of stripperfume.

(3) ACC is much stronger than what people give it credit for – I’ve said this in the majority of blog posts that I’ve written on conference realignment for the past year because there have been so many rumors about certain ACC schools (particularly Virginia Tech) going to the SEC and I’ll repeat it again: the ACC is much stronger than what people give it credit for.  Academics matter to the university presidents that make conference decisions and the ACC is solid from top-to-bottom on that factor.  At the same time, the likelihood of the core of the conference (UNC/Duke/UVA) ever leaving the ACC is about as likely as Michigan and Ohio State leaving the Big Ten, which means there’s much greater stability factor in the ACC compared to the Big 12 or Big East.  No one that is thinking straight believes the ACC is going to disappear like the Big 12.  At the same time, the reason why the SEC or Big Ten would ever want any ACC schools in the first place is because the league certainly has valuable assets in terms of flagship schools and desirable demographics.  The conference has a lot to work with even with direct competition with the SEC in a number of markets.

Now, the main exception to all of this is Florida State.  I’ve stated previously that it’s the one ACC school that I believe would take an SEC invite, so it didn’t surprise me that the Seminoles are forming an expansion/realignment committee to evaluate their options.  An ACC-less Florida State certainly changes the equation for Texas and anyone else that might consider heading to that conference.  For what it’s worth, if Florida State is truly available, Jim Delany and the Big Ten should be on the phone to Tallahassee immediately.  That’s a discussion for another day.

THE NEGATIVES FOR TEXAS

(1) Equal Revenue Sharing – The ACC has long shared all TV revenues equally among its members and there’s plenty of people that believe (including me) that it’s a fundamental tenet of a strong and unified conference (even if the actual dollar differences might not be that large in an unequal system).  Texas would need to get to move the ACC from this position, which may be just as difficult in Greensboro as it would be with the Big Ten and Pac-12.  North Carolina and Duke have disproportionate power within the ACC and it won’t be easy to get them on board with providing special concessions to Texas (although they weren’t able to stop the conference’s expansion in 2003).

(2) Lower Conference TV Revenue Compared to Big Ten and Pac-12 – Compounding the equal revenue sharing equation (not even taking into account the LHN) is that the ACC has lower overall conference TV revenue compared to the Big Ten and Pac-12 and it will be the case until at least 2023.  The ACC will be making an average of $155 million per year ($12.9 million per school) while the Pac-12′s new deal is worth an average of $250 million per year ($20.8 million per school) and that’s without including the Pac-12 Network.  Meanwhile, every Big Ten school received almost $8 million last year in equal distributions from the Big Ten Network alone.  That’s on top of the average of $100 million per year ($10 million per school) that the Big Ten is receiving in its current ABC/ESPN contract that is due to be replaced in 2016 (and will likely be substantially higher than the Pac-12) plus reportedly over $23.3 million per year ($1.94 million per school) from Fox for just the Big Ten Championship Game.  With all of the focus on the third tier rights of the LHN, many people are forgetting that the value of the first and second tier rights at the conference level are ultimately even more important.

UPSHOT

Texas may very well be making less TV revenue with the combination of the LHN and ACC conference TV package than it would in an equal revenue sharing system in the Big Ten or Pac-12.  (The LHN is going to provide UT about $11 million this year.  The oft-reported $15 million per year figure is an average over the 20-year life of the contract.)  Considering that the BTN figures don’t include the new revenue from the addition of Nebraska, one could only imagine what adding all of the households in the state of Texas (and beyond if a school like Notre Dame joins, too) would do to those figures.  It would be the same type of calculation if the state of Texas was added to the Pac-12 network.

As a member of the Big 12, it makes sense that Texas would want an “eat what you kill” approach to TV revenue since the main market of value in that conference is the state of Texas.  In the Big Ten, though, there are marquee markets such as Chicago and Philadelphia that are being brought to the table, while the Pac-12 has the state of California.  For that matter, the ACC brings in the state of Florida and a whole slew of fast-growing Southern and Mid-Atlantic markets.  From a TV revenue perspective, it’s not necessarily an easy call for Texas to give up access to dollars coming in from other Big Ten or Pac-12 markets compared to the non-Texas Big 12 markets.  This is a point that a lot of commentators are missing when evaluating the financial aspects of the LHN – the money isn’t really that mind-blowing compared to what every single Big Ten and Pac-12 school (from Michigan to Northwestern and USC to Washington State) already receives.

However, the value of the LHN seems to be more about branding than money (similar to Notre Dame’s contract with NBC).  It puts Texas into that “special” category as the one school that can carry its own cable network… besides BYU, of course.  Seeing the reports coming out of Austin, the intangibles of the LHN could outweigh greater revenue potential in equal revenue sharing conference networks.  So, that’s why Texas is searching for a conference that allows the LHN to stay as-is (or as close to as-is as possible) and if the ACC is the one league that makes concessions on that front, they can get the Longhorns.

Of course, as we’ve seen in conference realignment many times over the past 18 months, nothing is a done deal until contracts are signed and there’s an announcement (and in the case of Texas A&M to the SEC, a done deal doesn’t even mean there’s a done deal).  In June 2010, Larry Scott was belting out “Free Fallin’” in his rental car after meeting with Bill Powers and DeLoss Dodds in believing that his Pac-16 mega-dream was going to come to fruition.  We ended up seeing that deal collapse in less than 48 hours due to forces beyond Scott’s control.  So, even if the ACC is the proverbial leader in the clubhouse right now for Texas, it doesn’t mean very much in such a fluid situation.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from Deadspin)

Conference Realignment: If I Was Richer, I’d Still Be With Ya

It’s been a crazy couple of days to say the least.  We saw the SEC vote to conditionally accept Texas A&M, Baylor and a bunch of other Big 12 schools holding up the A&M move by refusing to sign some legal waivers, rumors stating the Pac-12 doesn’t really want to expand but will still add Oklahoma and Oklahoma State, Texas and Notre Dame are heading to the Big Ten, and the Big East may pick up some Big 12 leftovers, and now it may be all for naught with the Big 12 possibly being saved (in part by BYU).  So, by the time you read this post, it might be completely outdated with how fast the news and rumor mill has been churning.  Anyway, I have few thoughts on the latest developments:

1. Can’t blame Baylor (and others) for legal stance – As a lawyer, if I was representing any institution in this scenario, whether it’s Baylor, Iowa State or Texas, there’s NFW that I’d let it sign a blanket waiver of legal rights to the SEC and if such institution wanted to proceed, I’d insist upon some type of considerable payment in return.  A waiver of this nature wouldn’t be enforceable without some type of consideration from SEC, anyway.

In the case of Baylor, there might literally be no amount of consideration outside of the preservation of the Big 12 itself (as long-term AQ status trumps short-term monetary payoffs) that could justify signing that waiver.  Whether Baylor actually has a case with respect to tortious interference against the SEC isn’t really relevant here.  At face value, this type of case is probably a loser.  The Big East attempted to sue the ACC on similar grounds back in 2003 and ultimately settled for $5 million total, which is effectively pocket change that wouldn’t even cover 50% of one year of conference TV revenue for just one Big 12 school.  However, Mike Slive would know that insisting upon a waiver of legal rights would cause an allergic reaction among Big 12 members as a legal principle.  I don’t think much of Dan Ponzi Beebe, but he was correct in his statement that it’s unprecedented for a raiding conference to ask for waivers of legal rights from those left behind in the raided conference.  It doesn’t make sense for the SEC to do this from a practical standpoint unless they have some other motives outside of the legal realm (which we’ll get to in a moment).  That being said…

2. Can’t blame Texas A&M for being volcanically pissed off – As a business man, I have a hard time seeing the value in attempting to keep around a school that clearly doesn’t want to be there.  As long as Texas A&M pays all of the exit fees that it has agreed to with the Big 12 (which by all accounts it plans to do), then the Aggies should be free to go as they please.  Whether Oklahoma or others might leave after the Aggies (thereby dissolving the Big 12) shouldn’t be the problem of Texas A&M or the SEC.  It’s in the best interests of everyone within the Big 12 to move on as quickly as possible.  Now, I believe that Aggies have some misplaced anger toward Baylor in the sense that the SEC is the entity that is requesting something that no other Big 12 school (unless it’s heading out the door for the West Coast) would reasonably sign.  Which gets to the next point…

3. SEC isn’t doing this for purely legal reasons – As I’ve done several times before on this blog, I’ll point to Mr. SEC, who I believe had a spot-on commentary on the SEC’s true motives in asking for these waivers: Mike Slive wants to see if he can cause Larry Scott and the Pac-12 to act first.  Personally, I doubt Slive will win this particular game of chicken since, by all accounts, the Pac-12 is only going to act if A&M moves first.  Still, it doesn’t really hurt the SEC to attempt this tactic, where the conference can just wait awhile and then decide to proceed with expansion without the Big 12 waivers.

4. Big Ten looking to form the “Fuck You, Pay Me” Conference? – The famous Purple Book Cat of the WildcatReport.com resurfaced last night with the following rumor: the Big Ten is looking to add Notre Dame and Texas with a bevy of conditions, including folding the Longhorn Network into a “BTN2″.  The proposed solution to the “LHN problem” actually makes some sense, although I don’t quite understand the issues that the Big Ten would have regarding ESPN supposedly pushing the UT-to-the-Pac-12 angle (as the channel actually has a much closer and wider-ranging relationship with the Big Ten compared to the Pac-12).  Chip Brown of Orangebloods separately stated the following, as well:

An outside the box option would be something like a conference such as the Big Ten allowing Texas to join the league and only make money off of LHN and not share revenue from the Big Ten Network. File that one away.

Should any of us really be giving this idea any credence?  Probably not.  I don’t see how the Big Ten is going to provide special arrangements to Texas when Jim Delany spent a TON of capital in convincing power schools like Michigan and Ohio State to sign up for the Big Ten Network instead of forming their own individual networks.

At the same time, if there’s any truth to the notion of Notre Dame joining a conference, I have faith that it will be smoked out by the school’s alumni base long before a decision is made.  They’re on a 24/7/365 Independence Watch over there, so this isn’t a matter that’s going to get agreed upon in a backroom at least as far as South Bend is concerned.

Regardless, assuming that no one knows what they’re talking about on anything regarding conference realignment (which is true), we can at least play along and put together a B1G 16 Fuck You, Pay Me Conference pod setup with, say, Syracuse and Rutgers (PURELY for discussion purposes – substitute Missouri, Pitt, Maryland, Boston College, or anyone else if it makes you feel better) in addition to UT and ND with each school having a protected cross-division rival (in parentheses):

NORTH
Michigan (Ohio State)
Michigan State (Rutgers)
Notre Dame (Texas)
Purdue (Indiana)

EAST
Ohio State (Michigan)
Penn State (Nebraska)
Rutgers (Michigan State)
Syracuse (Minnesota)

SOUTH
Texas (Notre Dame)
Illinois (Iowa)
Northwestern (Wisconsin)
Indiana (Purdue)

WEST
Nebraska (Penn State)
Iowa (Illinois)
Wisconsin (Northwestern)
Minnesota (Syracuse)

If the Big Ten has an 8-game conference schedule as proposed in the Purple Book Cat scenario, that means each school would play its 3 podmates annually plus 1 cross-division rival and then rotate through the other pods each year on an NFL-style basis.  From a Notre Dame perspective (who is really the one that needs to get pleased even more than Texas), this setup keeps their 3 traditional Big Ten rivals, secures an annual game with Texas, and then allows them to still schedule USC and Navy home-and-home in the non-conference schedule.  That’s about as close as you can get to a national schedule for Notre Dame while preserving the maximum number of rivals within the confines of a conference.  While that’s likely never going to be enough for the independent-minded Notre Dame alums (as independence is really an identity issue for that school as opposed to a financial stance), I doubt the Irish could get much better from a pure scheduling standpoint.

Anyway, this is all a hypothetical… like everything else in conference realignment.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from Zap2It)

In America, You Leave Big 12. In Soviet Texas, Big 12 Leave You!

Before we get to the latest conference realignment news of Texas A&M sending an effective break-up letter to Dan Beebe and the Big 12, let’s take a moment to pour out some Cris in memory of the Cy-Hawk Trophy Version 2.0.  It lived for less than a week, but it left an indelible image in the minds of Americans the same way that the chick from The Exorcist warms your heart the first time you see her head turn around 180 degrees.  Only this trophy could make the Altoona Senior Bowling League Trophy with a Mold-a-Rama Lion Pasted on the Side (known in some circles as “The Land Grant Trophy”) look like the freaking Stanley Cup by comparison, which was a phenomenal achievement.  It’s a shame that it received a Suge Knight cap in its ass before it even had a chance to explore the world.

As for Texas A&M changing its status to “Single” on its Facebook account, it’s been something that’s been coming down the pike for the last couple of weeks.  What’s interesting is that my questioning of the financial parameters on the SEC side was confirmed by a conference official in the New York Times:

The official acknowledged that because of the length and structure of the SEC’s current television contract, adding Texas A&M and a 14th member would not be financially beneficial from a rights standpoint.

Texas A&M and Team No. 14 are expected to receive a pro rata share equal to what the SEC’s 12 current universities are making: an average of about $18 million in league payouts. (Individual universities can make more money from their separate television deals.)

The SEC deal, which ends in 2025, has a few windows when it can be renegotiated but no one from the SEC or the networks expects any radical change.

So, this move is NOT about the SEC being able to reopen its television deal in order to gain more money than what the United States currently has on hand to pay Social Security checks (as so many people have assumed).  Maybe the SEC sees this as the one opportunity to get A&M in the next couple of decades and that’s why they’re moving now despite not being able to realize much (if any) TV revenue from their addition until after 2024.  Whatever the reasoning might be, it seems that since the SEC can’t just open up its TV contracts again by expansion, such expansion is going to be kept at a minimum for now.  As a result, the obituaries being pre-written for the Big 12 and ACC from the SEC supposedly going into 16-school superconference mode immediately are way too premature.  The SEC will need to find a school #14 fairly soon, but who knows who it will be.  (I do NOT believe for a second that it will be Virginia Tech, but I’ll write about that more extensively in a separate post.)  Right now, appears that either (a) the Big 12 will lose another school to the SEC on top of A&M, such as Missouri or (b) the Big 12 and one of either the ACC or Big East (maybe West Virginia) may lose a school to the SEC, yet in each event those leagues will still continue to live.

This gets to this question: who the hell would join the Big 12 after losing A&M and maybe another school?

Let’s start by putting some asinine “Notre Dame to the Big 12” proposals to rest.  Somehow, a friendship between Jack Swarbrick and DeLoss Dodds with a 4-game football series over the course of 8 years has been transformed by some in Big 12 country to signal Texas and Notre Dame working together to split up the college football universe.  (Examples of this aren’t just in Texas, but the Kool-Aid is spreading all the way to St. Louis, too.)  Putting aside the fact that Notre Dame would effectively throw away, well, ALL of its rivalries in this scenario in order to play Texas Tech, Iowa State, Oklahoma State and friends (as opposed to the more simple solution of just playing the two schools that are of interest them of Texas and Oklahoma as an independent… which ND happens to be already doing), I’ll reiterate what I’ve stated several times on this blog before: independence is a school identity issue for Notre Dame, NOT a TV money issue.  It continues to amaze me how many people think the money that ND is getting from NBC is somehow special when Northwestern and Washington State are absolutely murdering the Irish on that metric in their respective conferences’ equal revenue sharing arrangements.  The point is that ND isn’t independent in order to maintain an NBC contract.  Instead, it’s the other way around: ND has an NBC contract as a means to maintain independence.  In other words, the endgame for ND is independence in and of itself (not the money that is made from being independent, as the school has plenty of money from its alumni base).  Thus, all of the suggestions that the Longhorn Network shows how the Big 12 could offer ND a way to keep its NBC contract are completely irrelevant, as even if that were the threshold issue (and it isn’t), the Big East would gladly take in ND on that basis or, better yet, they could just stay independent.  Now, if we get to a model where there are 4 16-school superconferences and you structurally MUST be a member of one of those 4 leagues in order to have access to the national championship game, then that’s the point where ND would join a conference.  It won’t be a moment before that point, though.

Getting that out of the way, let’s take a look at some realistic candidates to join the Big 12:

1. BYU – This is really the Big 12’s best target that would almost assuredly accept.  I’ve gone over why I believe that BYU would actually be fairly successful as an independent and that translates into being a viable addition to an AQ conference like either the Big East or Big 12.  Based on fan base size and long-term TV value, BYU is clearly the most valuable school available in the non-AQ ranks.

2. Louisville – While conference realignment is all about football, it should be noted that UL was #2 in the country in basketball revenue in its last season in Freedom Hall.  With its new Yum! Center (or as I like to call it, the “KenTacoHut Center”) revenue, the school will almost assuredly be #1 on that list when last year’s figures come out.  At the same time, UL has a solid football fan base that has simply been beaten down by some horrible coaching over the past few years.  If I were Dan Beebe, my plan would be to extend invites to BYU and Louisville immediately after A&M makes it exit.  The issue with Louisville is that they may prefer to stay in the Big East, although that particular league may not come out unscathed if the ACC takes a replacement school or two from there.  I’ve talked to a number of Louisville alums who, at a fan level, do not support a move to the Big 12, but if we’re talking about a league that’s reasonably assured of keeping both Texas and Oklahoma, UL’s leadership might see things differently.

3.  TCU – A Big 12 with both UT and A&M has zero need to add any other Texas-based schools.  With A&M leaving, though, quality becomes more of a concern than markets and it may be more beneficial to go even further into the Texas market compared to some of the other non-BYU non-AQ options out there.  I had been pushing TCU to the Big East for a very long time and was happy to see that marriage happen, yet there’s a chance that they’ll never move in together.  Like Louisville, though, the Big 12 may actually not be that attractive compared to the Big East right now. Adding TCU would be a good football move for the Big 12, but the good (and/or forced) political move would possibly be adding…

4. Houston – There seems to be two schools of thought regarding Houston going to the Big 12.  The first is that this would be a nice move from a political perspective, where the leaving of one Texas-based university from the Big 12 opens up an AQ spot for another school from the state.  If we also believe that UT enjoys tons of control, this is yet another school that it can lean on for the long-term.  The other school of thought, though, is that UT would want nothing to do with Houston.  In essence, it’s almost too easy of a political bailout for A&M while UT ends up being forced to always take care of UH down the line if the Longhorns ever want to explore other options (i.e. heading to a Pac-16).  We’re already seeing some Texas politicians getting into the act on this front.  A year ago, I would’ve put UH near the bottom of the list of any possible Big 12 candidates.  Now, though, they may very well be the most likely next addition.

5.  UNLV - Location, location, location.  This market ought to have a pro franchise yet all of the leagues are still spooked by the tiny bit of gambling that occurs here.  Nevada is also the most populous state that doesn’t have an AQ school.  I’m always surprised that UNLV doesn’t get a little more love in these conference realignment scenarios.  As far as the non-AQ schools go, they have some fairly nice attributes with virtually no local competition (albeit with more value on the basketball side as opposed to football).

6. Air Force – National following and generally performs the best out of the service academies.  From a pure financial perspective, Air Force might be right behind BYU in terms of desirability.  As for actual football, though, there’s a big-time risk that the Falcons will have competitive issues at the AQ level in the way that Army couldn’t even handle C-USA.  There’s simply always going to be a limit to how well Air Force could ever perform (not that this is unjustified, as its students have far more important duties than playing football).

7.  New Mexico – Flagship university of a fast-growing state with an excellent basketball fan base.  The problem: they’re to football what Rebecca Black is to singing.

8.  Memphis – Ditto, only it’s not a flagship.

9/10.  SMU/Rice – All you need to know is here.

Purely throwing crap against the wall right now, I’d say that A&M is the only loss from the Big 12, which will spur DeLoss Doss… er… the conference to invite BYU, Houston and UNLV to get back up to 12.  In other news, we have real football games being played next week.  It can’t come soon enough.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from Rotten Tomatoes)

The Jump to Conclusions Game: Why Angry Aggies Aren’t Enough to Move Texas A&M to the SEC

Nature abhors a vacuum and with a month to go until football season starts, conference realignment talk is back at a fever pitch even though there’s nothing really going on. The latest scuttlebutt is that Texas A&M is dancing with the SEC again with the rest of the Big 12 getting all hot and bothered about their high school recruiting targets getting TV time on the Longhorn Network (which has been placated… for now).

Believe me – I loooove conference realignment talk. It’s the reason why 99% of you are reading this blog in the first place. However, the “Texas A&M to the SEC” rumors are driving me up the wall, not necessarily because it would never happen (even though that’s what I personally believe), but that so many commentators on this subject simply argue that “Angry Aggies = SEC Move” without any further analysis. (For the purposes of this blog post, I will focus on Texas A&M, but the same principles can be applied to rumors involving angry Oklahoma and Missouri fans.) I went through a fairly detailed look at why I didn’t believe that A&M could go to the SEC several months ago and think that all of those arguments still hold true.

To be clear, I believe Texas A&M is an extremely valuable school and if the SEC could add them with no conference realignment repercussions elsewhere, then I could see it happening. A&M has a lot more value than the average UT fan would likely admit. The problem is there could be major conference realignment repercussions that the SEC will not want to witness happen (i.e. its main competitors getting even stronger with the Pac-12 adding Texas and/or the Big Ten adding Notre Dame) – the SEC wanting to add A&M as a reactionary move in 2010 is much different than pulling the trigger and causing the dominoes to fall in 2011. At the same time, A&M’s value is exactly why UT won’t just let them walk away.

Regardless, there’s a segment of the college football fan population that’s simply always going to believe that Texas A&M is heading to SEC just because the Aggies are pissed off. (Remember Missouri was pissed off at the Big 12 last year, too. Also look at all those Big East schools that are supposedly pissed that the conference won’t split. Tons of options for all of them, right?) That’s fair enough, but all I ask of this segment of the population is to address the following roadblocks to that ever happening:

1. The SEC can’t just rip up its TV contracts simply because it expands – A decent number of columnists/bloggers have taken SEC Commissioner Mike Slive’s comment that there are periodic “look-ins” for its contracts with CBS and ESPN and came to conclusion that the conference could set fire to those deals in the event of expansion. While the terms of the SEC TV deal are not public (and that’s the case for any conference), this is a dangerous assumption that I would wager is 99.99% incorrect. (The .01% allows for the slight chance that Slive has compromising pictures of various CBS and ESPN executives with Casey Anthony.) ESPN certainly doesn’t believe that the SEC’s “look-ins” can reopen the TV deal:

The agreement with ESPN calls for a “look-in” review after the first five years but can occur sooner, said Burke Magnus, ESPN senior vice pres ident of college sports programming.

“We knew when we made a 15-year deal that time was not going to stand still so we purposely built in these look-ins,” Magnus said. “They don’t reopen the deal. There’s no outs. It’s an opportunity for both of us to really take stock of where we are and see what we could be doing better.”

It is standard operating procedure that these types of contracts have provisions that protect the network, NOT the conference, in the event of membership changes. In a post by the excellent college TV sports blogger mattsarz about the C-USA/ESPN lawsuit, he attached the underlying TV contract that was made public as part of the complaint that was filed. Here’s the language about regarding membership changes:

10. CONFERENCE COMPOSITION

(a) Essential Institutions. The participation and availability for televised play of the following academic institutions shall be deemed to be of the essence of this Agreement: University of Texas El Paso, Rice University, University of Alabama-Birmingham, University of Tulsa, University of Southern Mississippi, Memphis University, Tulane University, University of Houston, Marshall University, University of Central Florida, East Carolina University and Southern Methodist University.

(b) Unavailability. If any Conference team leaves the Conference or is otherwise unavailable for televised play as authorized by this Agreement (in either case, “Unavailable”) for any Season during the Term then ESPN and Conference will negotiate in good faith after such Unavailability comes to ESPN’s attention to determine appropriate adjustments to this Agreement. In such negotiations, the parties shall take into account, among all other relevant factors, any new members that are added to the Conference in replacement of the Unavailable members. If the parties cannot agree on the appropriate adjustments, then ESPN will have the right in its sole discretion to elect by the May 1 prior to the affected Season (unless such Unavailability occurs thereafter, in which case ESPN will have the right to make its election within 30 days after it is notified by Conference of the Unavailability) to reduce the rights fees hereunder in the same proportion as the number of Unavailable teams bears to 12. ESPN will also have the right at any such time to terminate this Agreement if the Conference has in any season fewer than ten member institutions that are NCAA Division I-A members and that are available for televised play as provided above. In addition, if additional institutions join the Conference (i.e., bringing the number of member institutions to 13 or more), then within 30 days after ESPN is notified by the Conference to that effect, ESPN and Conference will engage in good-faith negotiations regarding potential increases to the rights fees due hereunder.

As you can see, ESPN was able to get a concrete reduction in fees or even completely terminate the agreement if C-USA lost enough members, but if C-USA added any members, all that the parties would be obligated to do was to engage in “good-faith negotiations”, which as an attorney I can say is Kumbaya B.S. with no real meaning. ESPN was the only entity with a legitimate stick here. A conference would only have power if it actually had concrete termination rights in the event of an expansion, which wasn’t the case in the C-USA contract.

Even though C-USA is relatively small player, we can deduce that the power conferences also have a similar clause. The Big Ten, for instance, gained a new marquee member in Nebraska last year and even added a brand new conference championship game (which wouldn’t happen in the case of SEC expansion). If the Big Ten had a termination right that some are assuming that the SEC somehow has, then Jim Delany would’ve called ESPN ten seconds after the new Pac-12 monster contract was announced and said “I’m out!” That obviously hasn’t happened – the Big Ten still has to wait until its current TV deals are done in 2016. It’s also instructive that both the ACC in 2003 and the then-Pac-10 in 2010 performed their respective expansions only a few months prior to their respective TV rights going back up for open bid. That shows that those conferences needed to time their expansions to coincide with their new TV deals (as opposed to the other way around, as the A&M-to-the-SEC believers are arguing) because that’s the only way that they could receive the financial benefits from expansion immediately.

Frankly, this all makes sense. Networks would never reasonably agree to tearing up TV contracts based on expansion because they want to know who the conferences are expanding with (not just expansion in and of itself), and even then, it’s almost impossible to assign a value to any prospective expansion candidates ahead of time. In turn, networks can definitely assign a value to a conference as presently constituted, so they have leverage to get out of deals (or receive relief) in the event that such conference loses members.

So, unless Mike Slive can produce some Casey Anthony photos, we should assume that the SEC has terms just like everyone else: the SEC is stuck with its deals until 2024 unless its TV partners willingly give it more money prior to that. This brings us to the next point…

2. ESPN isn’t going to willingly hand the SEC more money for expansion – Let’s take a quick look at where ESPN stands right now. First, ESPN worked extremely hard to keep the Big 12 together last year in order to block the formation of superconferences by going so far as to give that league the same amount of money even though it had just lost its most populous non-Texas state (Colorado), a marquee national name (Nebraska) and a conference championship game. Second, ESPN has just invested a ton of capital in the Longhorn Network, which essentially depends upon the Big 12 surviving as none of the other BCS conferences besides maybe the Big East would let that monstrosity live.

Call me crazy, but when considering those two points, it seems quite far-fetched that ESPN would actually provide an incentive to the SEC to expand with Texas A&M (and/or Oklahoma and/or Missouri and/or whoever else you want to throw in) that would directly kill off the Big 12 that ESPN has every incentive to save. Plus, with the amount that ESPN is paying the Pac-12 now and with the Big Ten contract going up for bid in a couple of years, it doesn’t make any sense that the network would give the SEC any ability to increase its rights fees prior to 2024. If the SEC’s contract was up in a couple of years like the Big Ten’s deal, then maybe I could see ESPN throwing more dollars in order to lock in an extension, but there’s no business logic for the network to re-open a deal that’s locked in for the next 13 years that the SEC can’t do anything about.

3. Objectors to high school games on the Longhorn Network are arguing semantics (and that’s ultimately a losing argument) – There’s a massive public flagship university located in one of the top football recruiting states in the nation that has entered into a multi-year multi-million dollar third tier rights deal with a regional sports network that is wholly-owned by a large multimedia conglomerate. There are some football and basketball games along with coaches’ shows and other promotions showing the university. The RSN also telecasts high school football games that potentially showcase that university’s recruits. Such public flagship university does not own any part of such RSN.

I’ve just described the contract that the University of Florida has with Sun Sports. It also describes the deal between the University of Texas and ESPN for the Longhorn Network. Structurally, the two deals are virtually exactly the same. ESPN completely owns the LHN, and therefore, controls its programming decisions, just like Fox owns and controls Sun Sports. The main difference is branding, where Florida is part of a network that also shows the Miami Cheat (among other teams) while Texas has its Longhorn moniker in the ESPN’s network’s name. So, does the NCAA come down on the LHN for a branding decision but doesn’t care about Sun Sports? If the LHN simply changed its name to “ESPN Austin”, would it make a difference? Is a network that has 10% UF content acceptable, but another with 90% UT content unacceptable?

Note that this is different than the BTN and Pac-12 Network situations, where the schools in the Big Ten and Pac-12 have actual equity interests in those channels. This makes it much easier for the NCAA to regulate those types of setups or, more importantly, regulate them in a way where the NCAA doesn’t lose in a court challenge. The Texas relationship with the LHN, on the other hand, is really just a straight-up traditional rights fees deal that Florida and a whole host of other schools have with various regional sports networks. As a result, the NCAA, the Big 12 and any other challengers to the LHN would largely have to rely on semantics (the name “Longhorn Network”) with subjective benefits as opposed to the ownership structure of the network itself that can objectively measured, and courts hate arguments about semantics. If ESPN thought the fight was worth it (and that’s a business question as to whether it would spend millions of dollars in legal fees in order to show high school games on TV), it would likely flatten the NCAA (quite possibly the most blatant example of an antitrust violation that we currently have in America, which is a subject for another blog post at some point) in court, just as the University of Oklahoma did in its landmark lawsuit where the Supreme Court struck down the NCAA’s control of TV rights (thereby opening up the ability for conferences and schools to freely enter into contracts with TV networks directly as we see today). The NCAA telling a network that isn’t actually owned by a member school what it can and cannot show on TV could be construed as an overstepping of its authority and, considering the inherently collusive nature of the organization (hundreds of schools making collective decisions that affect students, agents and media personnel that aren’t even employed by such schools), it needs to be careful on how it phrases its regulations.

When the LHN deal was first announced, I was initially puzzled when UT didn’t take an equity interest in the channel, but we now see one of the main benefits. Is showing high school games on the LHN shady? Absolutely! Can the NCAA or Big 12 regulate it? It could try, but at face value, I doubt it would withstand a court challenge. The Big 12 athletic directors themselves have put the kabosh on high school games on the Longhorn Network for this year, yet I’m sure we’ll see this issue come up again next summer and the conference could face the same legal scrutiny as the NCAA would. If ESPN believes the fight is worth it, the NCAA is a fairly easy lawsuit target.

4. People that keep ignoring Texas politicians will get fooled again – Fool me once, shame on you. Fool me twice, shame on me. Fool me thrice, I’m in fucking denial. In the three major conference realignments since the 1990s, two have been heavily shaped by the whims of Texas politicians. The third was shaped by the Virginia legislature. I’ll point back to my “You Can’t Always Get What You Want, Aggies” post that goes through why it’s critical to take into account the irrational nature of Texas politicians with respect to anything regarding football. At the very least, it would be nice to see some other commentators on conference realignment that this is a very real impediment to change. Gov. Rick Perry might be a former Aggie Yell Leader, but if he wants to run for president, he’ll need to raise a lot of money from UT alums (and Texas Tech and Baylor alums), which brings us to the next point…

5. UT needs A&M in the same conference together – Many UT alums likely won’t admit it, but as I’ve stated before, Texas A&M is an extremely valuable school. That’s why UT simply isn’t going to let them walk away, and if it means making some financial concessions or telling ESPN to not show high school games on the LHN to keep the peace (along with applying their own political pressure plus the support of Tech and Baylor), then they’ll do it. There were a number of factors that went into play in the Pac-16 deal collapsing last year, but the threat of A&M heading to the SEC at that time was extremely high on the list. It’s instructive that the Pac-16 deal could’ve easily moved forward if UT was fine with only moving with Tech (and maybe having Utah or Kansas replace A&M in the Pac proposal) while A&M went to the SEC, yet it didn’t happen. I’ll always remember one of the first comments from a connected UT alum on this blog when the Big Ten first announced that it was exploring expansion almost 2 years ago and how he described that UT, in no uncertain terms, would not let A&M head off to the SEC as the Longhorns knew that opening up the state of Texas to that conference for TV and recruiting purposes would be a killer for their own program.

At the same time, count me in as someone that will always believe that the prospect of UT going independent is an empty threat. Money is important, but many commentators are ignoring how important institutional culture is in making decisions, too. Ultimately, UT needs an entourage like a Hollywood starlet. The school’s actions time and time again have shown that having power over others is how it gets it rocks off. It wants to have schools like Texas Tech and Baylor dependent upon it and it certainly doesn’t want A&M be in a separate higher profile league. UT doesn’t just want to make the most money – it wants to control college football in the state of Texas completely, and that requires A&M to be in the fold. Notre Dame is a J.D. Salinger-type recluse that doesn’t want any attachments to anyone, which is why they have chosen to be independent as an institution (even though they’d actually make substantially more television money in the Big Ten). UT simply isn’t like that – it has always positioned itself as the proverbial sun for a bunch of other schools.

UT and A&M have come very close to separating two times before over the last two decades, yet the leaders of both schools have never been able to pull the trigger (even if some their respective fans would love to use a machine gun on the relationship). A combination of politics, institutional culture and uniquely shared endowment money that makes football TV revenue look like pocket change (see the Permanent University Fund) has always kept them together.

Could Texas A&M end up in the SEC? I guess anything is possible, but let’s be clear that just because Aggies are angry doesn’t mean that they’ll move to the SEC. Any rational analysis needs to address (1) why the SEC would expand when it has no leverage to renegotiate its current TV contracts (meaning that the current SEC schools would be subsidizing any expansion until 2024), (2) why ESPN would help out the SEC on that front when it has direct interests in keeping the Big 12 alive, (3) how a court challenge to any restrictions on showing high school games on the Longhorn Network would turn out, (4) why Texas politicians would suddenly be wallflowers on conference realignment when history clearly indicates that they are not only not wallflowers, but completely interventionist and (5) why UT would just roll over and let A&M walk away. I would love to entertain arguments that address all of those massive roadblocks. “Aggies are steaming mad”, however, isn’t a valid argument.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from ThinkGeek)

New Leader of the Pac

The Pac-12 is ready to announce a massive new television deal with Fox and ESPN worth $250 million annually.  (No one has been covering this story better than Jon Wilner of the San Jose Mercury News.)  I certainly have to give props to Pac-12 Commissioner Larry Scott here.  Up to this point, I’ve thought that he was smart and aggressive but more full of bluster with big ideas without necessarily the ability to implement them.  The amount of the Pac-12 deal, shows that the conference made a smart move in hiring from outside of the college administrator ranks.

Ultimately, the reasoning for a TV rights fee is akin to examining the price of a stock.  A portion of the price is going to be related to the market overall, another portion is connected to the industry sector, and there’s a final part that is based on the fundamentals of the individual company itself.  It wasn’t a surprise that the Pac-12 was able to raise its TV rights fees significantly, as the demand for sports programming in general has been skyrocketing over the past few months.  That’s a market-based factor that all sports entities negotiating new TV deals are benefiting from right now, which I examined in-depth in my last post.  What I didn’t expect was that the Pac-12 would vault itself to a position alongside the Big Ten and SEC in terms of TV revenue so quickly.  The Big Ten has the benefit of having the Big Ten Network that can take advantage of the market trends until its ABC/ESPN ends in 2016, but the SEC is locked into its CBS and ESPN deals until well into the next decade.  That doesn’t mean that the Pac-12 is inherently as valuable as either the Big Ten or SEC.  Indeed, the Big Ten and Pac-12 negotiated for the rights to their respective new conference championship games with Fox at virtually the same time.  Head-to-head, the Big Ten game garnered over $23 million per year, while the Pac-12 game received $14.5 million per year, so that gives you an idea of what the conferences are worth relative to each other when you take timing out of it.  My impression that the SEC championship game would be worth even more.  Still, it’s significant that the Pac-12 seems to have been able to pull away from the ACC and non-Texas/Oklahoma portion of the Big 12.

So, what are the fundamentals specific to the Pac-12 that led to this deal (as opposed to just the overall rising tide of sports fees)?  One important point that I’ve mentioned before but probably underestimated in the scheme of things is that the Pac-12 is the only conference with a BCS monopoly in its own footprint.  In fact, with the additions of Colorado and Utah, it’s the only BCS conference located in the entire Pacific and Rocky Mountain Time Zones.  That’s a pretty massive swath of area to effectively have all to yourself.  In contrast, all of the other BCS conferences compete with at least 2 other BCS conferences in their footprints.  For the the Big East in particular, it has to compete with all of the other BCS conferences in its footprint except for the Pac-12.

Another item to note is that Fox needed to retain the Pac-12 very badly for its owned-and-operated West Coast regional sports networks, especially FS West in the Los Angeles market.  FS West is suffering from the blow of losing its most valuable property of the Lakers next year, who are pouring salt in the wound by creating two competing networks (one English and the other Spanish) with Time Warner Cable.  Losing Pac-12 sports on top of that would have left FSN West to rely on the Clippers… and I don’t care how badass Blake Griffin might be (and he’s about as badass as one can be badass), but if I’m Rupert Murdoch, I’ll be damned if I run any organization that has to rely on the Clippers.  With ownership of FS Arizona and a minority interest Comcast SportsNet Bay Area, Fox had some heavy incentives to protect or expand its Pac-12 programming.

(Note that Fox’s owned-and-operated regional sports networks are heavily concentrated in California, Arizona, Texas, the Great Plains Midwest and the Southeast.  Looking at that lineup, it should come as no surprise why Fox paid up heavily for the Pac-12 and Big 12 TV rights and sent in a large bid for the ACC.  The Northeast markets, on the other hand, are largely the domain of Comcast RSNs with Fox largely being shut out.  This is instructive as to who might be (and not be) looking at the Big East’s TV rights down the road.)

ESPN expanding its relationship with the Pac-12 is a little more difficult to read.  Variety has indicated that the Pac-12 has agreed to provide 4 Thursday night and 4 Friday night football games per year to ESPN, so there seems to be a push from the Worldwide Leader to get more higher quality weeknight college football contests.  The Pac-12 also allows for late night games on Saturdays to compensate for the moves of Hawaii and Fresno State from the WAC to the MWC (which doesn’t show any games on ESPN).  Finally, there could be a return of a 11 pm Central Time Big Monday basketball time slot allocated to the Pac-12, which ESPN used to have for Big West or West Coast Conference games.  Overall, ESPN’s modus operandi may very well have been to ensure that neither Comcast nor Turner Sports would end up with the Pac-12, who could have been used as a cornerstone to really have beefed themselves up as legitimate college sports broadcast competitors.

It’s also a bit of a surprise that a Pac-12 network would be wholly-owned.  This is a good thing if the network can receive basic carriage, but could be a roadblock if there are any carriage disputes.  The Big Ten Network, which is 49% owned by Fox, was able to leverage its basic carriage with DirecTV (which was owned by Fox at the time of the launch of the BTN) to apply pressure on cable operators, while the MLB Network garnered one of the largest basic cable launches of any channel in history by offering minority stakes to several cable companies in exchange for carriage.  Those cable companies also provided capital start-up costs.  On the other end of the spectrum, the NFL Network (wholly-owned by the NFL) is still battling cable operators 8 years after it went on the air.  There seems to be a presumption that the Pac-12 wanted to have 100% ownership of a network, but I’m not so sure that’s the case with the amount of ramp-up costs involved and how critical basic cable carriage is for success.

Regardless, even if a conference network never even gets off the ground, I’m pretty sure the Pac-12 schools are acting like this right now.

(Follow Frank the Tank’s Slant on Twitter @frankthetank111 and Facebook)

(Image from Lehigh Valley Live)