Tuesday, July 19, 2011

ESPN and Longhorn Network Pushing the Borders

Once again we are brought back to the topic this offseason won't let go of -- the Longhorn Network that is set to launch on August 26th.

Last week, we made a post discussing the Longhorn Network and ESPN's interest in televising Texas high school games on Thursday nights and Saturdays (The UIL has an agreement with Fox Sports that no high school game can be shown live on a Friday night) and how that might be against NCAA rule 13.10.3:
13.10.3 Radio/TV Show. A member institution shall not permit a prospective student-athlete or a high school, college preparatory school or two-year college coach to appear, be interviewed or otherwise be involved (in person or via film, audio tape or videotape) on:
(a) A radio or television program conducted by the institution's coach;
(b) A program in which the institution's coach is participating; or
(c) A program for which a member of the institution's athletics staff has been instrumental in arranging for the appearance of the prospective student-athlete or coach or related program material.
We also took the time and emailed every single compliance office in the Big XII alerting them of the issue and hoping to hear some feedback on what they thought of the situation.  As of Tuesday, The Midnight Yell has only had one response to the email, from Jason Leonard, the Executive Director of Compliance at the University of Oklahoma.  Jason writes:




It is interesting the NCAA still hasn't responded to this issue.  After all, we now know the Longhorn Network has had plans for quite some time in televising high school games.  We have reported earlier that two games planned include an August 27th contest in Week 0 when Aledo faces off against Stephenville and a week later on Thursday night when Brenham plays Lamar Consolidated in Week 1 action, two games that feature high ranking Longhorn commits.  The fact is as far back as the early part of June the Longhorn Network and ESPN had planned to televise 18 high school games in the network's first year.  What is more troubling than that is ESPN and the network may also have plans to expand their coverage out of the state of Texas.  Scottsdale, Arizona quarterback Conner Brewer was the first class of 2012 "verbal commit" to the University of Texas football team and may be the highlight for ESPN to televise one of his high school's games in the fall. 

In a revealing June 3rd interview with radio station KZNX 1530 AM located in Austin, ESPN's Vice President of Programming for the Longhorn Network Dave Brown sat down to discuss with the hosts the plan and vision for the network.  Around the 14:20 minute mark of this audio, the host brings up with Dave the possibility of the network showing high school games.  Dave answers by saying the network plans to show 18 high school games this coming fall of "kids that Texas has recruited and is recruiting", and some of those might be out of state in Arizona to show Longhorn commit Conner Brewer or another recruit or potential recruit if they are interested in Texas.

Link to MUST LISTEN Dave Brown Audio

This is groundbreaking.  Not only does the specific number of 18 games televised strike you as shocking for a first year network, but more importantly we have an ESPN executive quoted as saying they will go outside state boundaries to show preferential treatment to a player Texas is recruiting or may recruit, that has no influence to the state in which a majority of the subscribers will be.

When answering question regarding this very issue, Texas Athletic Director DeLoss Dodds answered:
“ESPN will select the games based on what they feel is best,” UT athletics director DeLoss Dodds said. “We understand that this is a new world and that we’re leading the way in an area that is new to us and new to the NCAA and new to ESPN. Like everything else, we will do it in a first-class way, in the light of day, and we will do it the right way.”

Yes DeLoss, I'm sure ESPN feels that it is best to televise high school football games two states away from your home state of Texas.  That is what's going to draw subscribers and viewers to the product, no?  The fact is ESPN is going to "select the games based on what they feel" only if it benefits the University of Texas.

But what is in it for ESPN by benefiting the University of Texas in such a unique way?

Look no further than ESPN's Head of Production for the Longhorn Network Stephanie Druley.  Druley is a University of Texas graduate and a Texas Exes Life Member.  While Druley has a remarkable background in ESPN production of the NFL and even the Superbowl, how can the NCAA let a former Texas graduate and booster be responsible for the production of numerous high school games showcasing Longhorn recruits?  It that not a direct conflict of interest?  It is really convenient isn't it?
"I am extremely excited about this new challenge in Austin. As a Texas graduate, it is an honor to help create the network for Longhorn fans."
What suit does Druley wear?  An ESPN executive who only does what's best for the network by day but a former graduate who watches the benefits and recruiting edge for her beloved university by night?  

The University of Texas and ESPN continue to push the borders on this topic, literally.  Now this has not only become a Big XII topic of concern, but one for the entire country and multiple conferences.  How should Arizona State feel and the rest of the PAC-12 that the University of Texas will be showcasing Chaparral High School QB Conner Brewer in their backyard of Scottsdale?  What if the network decides to show a Dutchtown High School game in Louisiana featuring Texas recruit Landon Collins?  I don't think Les Miles and the hometown LSU Tigers would be too pleased.  Florida, Florida State, and Miami might not take to liking the potential for Nelson Agholor from Berkeley Prep School in Tampa, Florida to be shown by the network as a high schooler the Longhorns are recruiting.  All of these schools and their conferences should now draw interest on this very subject, since their states and recruiting grounds are being affected. 

Some have argued if NCAA rule 13.10.3 can apply to the Longhorn Network and ESPN.  Maybe that particular rule falls into a gray area with the network.  However, there is another NCAA rule that is much clearer on the subject.  NCAA rule 13.02.14 states:


13.02.14 Representative of Athletics Interests. A “representative of the institution’s athletics interests”
is an individual, independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization
who is known (or who should have been known) by a member of the institution’s executive or athletics administration to: (Revised: 2/16/00)
(a) Have participated in or to be a member of an agency or organization promoting the institution’s intercollegiate
athletics program;
(b) Have made financial contributions to the athletics department or to an athletics booster organization of that
institution;
(c) Be assisting or to have been requested (by the athletics department staff) to assist in the recruitment of prospective
student-athletes;
(d) Be assisting or to have assisted in providing benefits to enrolled student-athletes or their families; or
(e) Have been involved otherwise in promoting the institution’s athletics program.

It is subheading (e) that makes ESPN and the Longhorn network a direct "representative of the institution's athletics interests" as a corporate entity.  This puts ESPN and the Longhorn Network in the same class as a booster, and subjects them to the same restrictions one would face.  All of a sudden, ESPN will have to open it's own compliance office to deal with the issue.  Will they offer full disclosure for the NCAA if an issue arises?  It is not hard to imagine a situation where one of their employees visits a high school being televised and commits a violation.  Will they allow an NCAA investigation into the matter or simply tell the NCAA they have no jurisdiction over them?  It is an interesting question to ask.  The truth is the NCAA in this mess shouldn't be worried if the University of Texas is breaking rules because of the network; it is ESPN that has to be watched closely.  ESPN is in this business to make money.  They will do whatever they can to put a better product on their network and rack up the subscriptions.  The University of Texas may have to pay the price for those actions in the end. 

So who is doing something about this issue?  This past week, TexAgs.com's Billy Liucci put out an article stating that the Texas A&M brass aren't sitting comfortable with the aggressiveness by the Longhorns in regards to their new network.  Liucci states that the Longhorns continue to "act with their own agenda in mind" and do not care about the long-term viability of the conference; the issue of high school football games shown on their network is pushing A&M over the edge. 

While many saw this as an interesting eye opener, the first warning shots may already be in the air to the Longhorns and the rest of the Big XII by the Aggies.  On this coming Thursday, the Texas A&M Board of Regents will meet to discuss a variety of topics.  On the agenda is a discussion with the universities lawyers about the Big XII.



Writer Brent Zwerneman has clarified the subject:

A&M has added a closed-door session concerning the Longhorn Network to its regents’ regularly-scheduled meeting on Thursday and Friday, a person with knowledge of the situation said Monday. The agenda item is dubbed “Big 12 Conference.”


The execution session will be informational only, including concerning UT’s plans to air a Big 12 football game on the ESPN-owned network, and to potentially air high school games, the insider said. No action will be taken, the person added, the regents will simply be informed of the latest by lawyers concerning the deep-pocketed network.

The insider said A&M is committed, for now, to making a 10-team Big 12 work, and that the threat of a potential move to the Southeastern Conference is not in the immediate future. The Aggies nearly bolted the Big 12 for the SEC last summer, after Nebraska left for the Big Ten and Colorado for the Pac-12, before last-hour financial pledges for the remaining members by Big 12 commissioner Dan Beebe kept the league intact.

The A&M insider added, however, that UT’s network, funded by ESPN, might put the league’s other nine schools at disadvantages on multiple fronts, and A&M is leading the way in checking every possibility – and also leaving its long-term options open should the league appear to have one dominating member thanks primarily to the unprecedented network. The Longhorn Network is a 20-year, $300 million partnership between ESPN, UT and IMG College.

It is clear Texas A&M is taking notice of ESPN's and the Longhorn Network's actions.  However, it is time for more than just Texas A&M to lead the discussion on this topic.  Where is the NCAA with clarity on these multiple issues?  After all, we now know that the Longhorn Network has made their intention of airing high school games public since at least June 3rd.  With ESPN and the network looking to go outside of the state's boarders, it is time for other schools and conferences to take notice and be on high alert.  This is a game changer for college football as we know it.  If this is allowed to happen, where will we and the NCAA stop in allowing heavy media members like ESPN and other corporate identities to help school's recruit high school football players and not be held accountable by NCAA rules and regulations?

ESPN and the University of Texas has worked incredibly swift and silent on this topic.  We stand about six weeks away from the first televised game between Aledo and Stephenville.  It is time for this story to go national and move with it's own quickness -- fast enough so the NCAA will finally be pressured to make a decision.  It is a story no one nationally is talking about, but it has the power to change the game of recruiting as we know it and bring an end to the Big XII conference.

We hope you are paying attention.

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