Frank the Tank Summer Mailbag Part II: Ice Bucket Challenge, SEC Network, O’Bannon Lawsuit and Big East Stature in Autonomy

Every once in awhile, there’s a bandwagon worth jumping onto, so I’ve taken the Ice Bucket Challenge (you can see my son dousing me with my daughter filming here on YouTube) and made a donation to the ALS Association. I challenge all of the readers here to do the same. Also, if you haven’t done so already, please watch this great ESPN piece on former Boston College baseball player Pete Frates, who inspired the Ice Bucket Challenge. Onto some of the last mailbag questions of the summer:

This is referring to a list of “Winners and Losers” from the great Mr. SEC regarding the SEC Network. Generally, I agree with his overall premise: the SEC Network is going to be extremely successful and fill the coffers of the likes of Ole Miss and Mississippi State as well as the Alabamas and Floridas of the world. I’m actually more optimistic about SEC TV ratings than Mr. SEC (which he listed as a “loser”) since many of the SEC Network games will be ones that would otherwise have been in the old ESPN Regional syndication package or as part of individual schools’ third tier rights deals similar to how the BTN largely took the Big Ten’s old ESPN Regional syndication package to a national audience. The BTN hasn’t really impacted the national ratings of the best Big Ten games (and instead expanded the audience for lower tier games), so I’d expect the same with the SEC.

On the other hand, ESPN has been using a bit of puffery when it states that the SEC Network is “available” in 90 million homes. Being “available” is quite different than actually being subscribed to in those homes – the SEC Network could be “available” in a home but such home may not be able to receive it on a basic tier or without having to buy a sports pack. A network only gets a fee if it’s actually subscribed to in a home instead of being merely available. For example, the mothership ESPN itself is has nearly 100 million actual subscribers, so it’s getting $5.00 or more per month for every single one of those households. (That’s why ESPN is very literally the most powerful media company on Earth today, and that’s saying something considering that it’s part of the ubiquitous Walt Disney Company that has been eating my credit card over the past several months with a spring break trip to Disney World, buying Disney Princess, Frozen, Marvel and Star Wars toys for my kids’ birthdays, etc.)

To be sure, the BTN is just as guilty of trumpeting of the artificially high “available homes” number in many of its press releases. There will inevitably be a lot of comparisons between the SEC Network and BTN, but at the end of the day, they have similarly-sized geographic footprints where their networks are carried on basic cable on very high rates and then will be carried at lower rates and/or on sports packs outside such footprints. The SEC Network essentially gets the SEC back on more of an even TV revenue playing field with the Big Ten… at least until the Big Ten enters into brand new first tier/high second tier national TV deals in a couple of years that most observers believe will completely blow away any other college sports deal signed up to this point.

l received several questions about the Ed O’Bannon case, where the NCAA was found to be in violation of antitrust law for prohibiting players from receiving compensation for the use of their names, images and likenesses (i.e. video games, apparel, etc.).

My general feeling over the past several years is that the NCAA has been unbelievably and incredibly misguided and naive about student-athlete compensation issues. Regardless of fans’ feelings on either side of the debate about whether student-athletes should be paid, it continues to boggle my mind from a practical standpoint that the NCAA’s argument has essentially been reliant on tradition (“It has always been done this way!”) with an all-or-nothing zero sum approach. The problem is that once you find even isolated examples where players bring more than “nothing” in terms of market value, the entire crux of the argument breaks down in front of a judge. That’s exactly what occurred in the O’Bannon case.

Still, if the NCAA looks at the O’Bannon ruling from a rational practical standpoint, it’s actually a positive ruling for them where the judge allowed for a trust fund cap of $5,000 per year. Of course, the NCAA won’t look at it that way – it will continue to make the all-or-nothing zero sum argument on appeal because it doesn’t have any sense to take what was essentially a compromise ruling and run with it. Now, the NCAA opens itself up on appeal to the argument that even the $5,000 trust fund cap shouldn’t apply and there ought to be unlimited compensation available to student-athletes, which could very well happen with the liberal and labor-friendly U.S. Circuit Court of Appeals for the Ninth Circuit.

I’ve been fairly upfront on this blog that I’m an ardent free marketer when it comes to college sports: conferences and schools should be free to make whatever arrangements that are best for them to maximize revenue and, in turn, student-athletes should be able to seek compensation commensurate with their free market value from such conferences and schools in the same manner. (Antitrust economist Andy Schwarz had an excellent breakdown of college athlete compensation issues on Deadspin earlier this month. I’m firmly on the side of “Team Market” as opposed to “Team Reform”.) Even if you personally don’t agree with me (and based on the comments on previous posts, I know that many of you don’t), the reality is that the O’Bannon case is only the start of the college sports world heading in that market-based direction.

https://twitter.com/NJLovett/status/500059598980923393

The Big East won’t ever end up as part of the Power 5 conferences from an NCAA autonomy perspective. FBS football is such a dominant and driving force with respect to NCAA autonomy issues that having the Big East (or any other non-football league) as part of the “cartel” is a non-starter. The Big Ten and SEC don’t want conferences that aren’t dealing with football to have any say over what are largely football-driven decisions. That being said, the Big East isn’t really any worse off than the Group of 5 non-power FBS conferences within the NCAA structure itself. The marketplace is really where the Big East can distinguish itself – the league (despite low ratings) have an excellent TV deal with Fox that pays it more for only basketball than what any of the Group of 5 conferences (including the American Athletic Conference that has the remnants of the old Big East football league) are getting paid for TV rights for both football and basketball. The Big East also has a new non-conference challenge set up with the Big Ten next season, which indicates that it is considered to be a power conference for basketball purposes. It’s not an easy world out there for leagues that aren’t part of the Power 5, but the Big East may very well be the healthiest of any of them despite not playing any FBS football.

Enjoy the last days of a “Fancy”/”Rude” summer* and be sure to take the Ice Bucket Challenge if you haven’t done so already. Only one more week until the college football season starts!

(* You won’t be able to make it through this list of top songs from each summer for the last 20 years without either laughing uproariously at or being mortified about what we were listening to back in the day. There are some badly dated duds every year, but I have fond memories of the summers of 1992, 1997 and 2007.)

(Video from YouTube)