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Isn't today the day for the ESPN/BE response? - Printable Version

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Isn't today the day for the ESPN/BE response? - apex_pirate - 02-21-2013 10:34 AM

Matt Sarz said last Thursday that he heard the clock had started ticking for ESPN. 7 days. That means time is up. Most articles have suggested ESPN won't match NBC on the Big East offer. It doesn't seem to bother anyone here on this board if that happens...including most Big East fans. But I have a feeling that information (if it pans out true) will immediately be spun. Who will be the first to say the ESPN response is proof that the Big East is not wanted?

Matt Sarz


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 10:38 AM

does this mean come tomorrow some big realignment bomb will hit the Big East?


RE: Isn't today the day for the ESPN/BE response? - Wedge - 02-21-2013 10:50 AM

Meh. TCU, Utah, and Boise built solid football programs while playing in conferences that were only paid peanuts for their TV rights. Schools that build their football programs the right way will be OK.


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 10:54 AM

the thing I do wonder is will we hear next week, or right after the BE tourney about the offical split date. I still think with the NBE going to NBC, Fox will be pressing the c7 to get out and start for the 2013-14 season to start their network with them.


RE: Isn't today the day for the ESPN/BE response? - DaSaintFan - 02-21-2013 11:12 AM

(02-21-2013 10:54 AM)stever20 Wrote:  the thing I do wonder is will we hear next week, or right after the BE tourney about the offical split date. I still think with the NBE going to NBC, Fox will be pressing the c7 to get out and start for the 2013-14 season to start their network with them.

My guess is they'd save it for either during or right after the tournament (they saved the C-USA official decision for their 4 departures right at the start of the C-USA championship game).


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 11:16 AM

(02-21-2013 11:12 AM)DaSaintFan Wrote:  
(02-21-2013 10:54 AM)stever20 Wrote:  the thing I do wonder is will we hear next week, or right after the BE tourney about the offical split date. I still think with the NBE going to NBC, Fox will be pressing the c7 to get out and start for the 2013-14 season to start their network with them.

My guess is they'd save it for either during or right after the tournament (they saved the C-USA official decision for their 4 departures right at the start of the C-USA championship game).

I'll guess right before. Make this last tournament really special.


RE: Isn't today the day for the ESPN/BE response? - pzz189 - 02-21-2013 12:40 PM

I work in contracts. Generally proposals are due close of business so we may not hear about anything until tonight or tomorrow.


RE: Isn't today the day for the ESPN/BE response? - bearcatlawjd - 02-21-2013 12:45 PM

(02-21-2013 12:40 PM)pzz189 Wrote:  I work in contracts. Generally proposals are due close of business so we may not hear about anything until tonight or tomorrow.

I was thinking the same thing. Something at the close of business hours tonight or midnight. Info might today but I am sure there will be real news over the weekend.


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 12:51 PM

I'd kind of think if ESPN matches, we'd hear something today or tonight.


RE: Isn't today the day for the ESPN/BE response? - bitcruncher - 02-21-2013 01:55 PM

All ESPiN has to do is match the offer. They don't have to offer one penny more...


RE: Isn't today the day for the ESPN/BE response? - apex_pirate - 02-21-2013 01:58 PM

(02-21-2013 01:55 PM)bitcruncher Wrote:  All ESPiN has to do is match the offer. They don't have to offer one penny more...

I'm not sure anyone is expecting ESPN to offer more. Just waiting to see if they match.


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 01:59 PM

(02-21-2013 01:55 PM)bitcruncher Wrote:  All ESPiN has to do is match the offer. They don't have to offer one penny more...

true, but they also have to match the contract stipulations, which probably include stuff like must be on #1 network x games on Saturday for football, etc. Stuff that ESPN can't match.


RE: Isn't today the day for the ESPN/BE response? - TIGER-PAUL - 02-21-2013 02:08 PM

nbc is not end of the world, if its them.
The bowl tie ins will be next headache, after the split details.


RE: Isn't today the day for the ESPN/BE response? - CommuterBob - 02-21-2013 02:08 PM

Even if ESPN matches the $$ or the terms, the BE does not have to sign with ESPN. The Reoffer procedure simply states that ESPN has to be afforded the chance to match (or beat) the monetary terms of a third-party offer. The conference still gets to decide who they sign with.


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 02:15 PM

if ESPN matches the $$$ and the terms, the BE does have to sign with ESPN.


RE: Isn't today the day for the ESPN/BE response? - CommuterBob - 02-21-2013 02:30 PM

(02-21-2013 02:15 PM)stever20 Wrote:  if ESPN matches the $$$ and the terms, the BE does have to sign with ESPN.

No they don't. ESPN just has to be offered the chance to match the reoffer from the third party for the same monetary terms. If the BE's contract reads anything liek CUSA's contract did, here's the specific language:

"...[the] Conference may then enter into an agreemnet with a third party with respect to the same package of events set forth herein, but not for monetary consideration less than that contained int the Offer [BE had $300M/year in their Offer last October] without first offering to ESPN the same monetary terms as offered to the third party (the "Reoffer"). ESPN shall accept or reject a Reoffer by COnference no later than seven days from its receipt."

The contract then goes on to say:

"In accepting of an Offer or Reoffer, ESPN shall not be required to comply with any term or condition that imposes on ESPN any obligation with which ESPN cannot comply because of impossibility or prior contractual commitment. ESPN shall notify Conference of any such terms or conditions as promptly as possible prior to acceptance."

So in reading that, I would say ESPN has no requirement to match the terms if it cannot meet them. They just have to match the money. So even if the NBC deal says that they will put 3 games every Saturday on NBC OTA, ESPN doesn't have to match that.

But nowhere does it say that the Conference *has* to re-sign with ESPN, just that they have to give ESPN the chance to match the offer.


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 02:38 PM

The chance to match the offer means if ESPN accepts the offer, they get it. I mean think about it logically and not emotionally. Say the property was American Idol. Free agent. Same clause. CBS says we'll pay AI 300 million dollars to do the show. Fox then if they agree to pay 300 million dollars keeps the show. If they don't agree, CBS gets it.

Or to put it in another way, the Big East is a restricted free agent.


RE: Isn't today the day for the ESPN/BE response? - CommuterBob - 02-21-2013 02:53 PM

(02-21-2013 02:38 PM)stever20 Wrote:  The chance to match the offer means if ESPN accepts the offer, they get it. I mean think about it logically and not emotionally. Say the property was American Idol. Free agent. Same clause. CBS says we'll pay AI 300 million dollars to do the show. Fox then if they agree to pay 300 million dollars keeps the show. If they don't agree, CBS gets it.

Or to put it in another way, the Big East is a restricted free agent.

I thought that too at first, but then I read the actual language from the CUSA contract and read from others saying it isn't like an RFA. The clause is really there to basically prevent ESPN from being completely excluded from a chance to bid. It's not an exclusivity offer like a restricted free agent would be. Aresco blew the initial offer by putting it at $300M/year knowing ESPN would never accept that to get the Conference out to the open market. But he also had to know that any offer that he got on the open market would have to be taken back to ESPN for a match/counter if his bid was just ludicrous (as it was). If it's truly a RFA scenario, do you really think Aresco would have blown the bid? This isn't his first rodeo.

All this clause really does is give ESPN the last chance to sell their network vs. anyone in the open market. If the BE doesn't like ESPN's offer, they do not have to accept it.


RE: Isn't today the day for the ESPN/BE response? - Attackcoog - 02-21-2013 03:03 PM

(02-21-2013 02:38 PM)stever20 Wrote:  The chance to match the offer means if ESPN accepts the offer, they get it. I mean think about it logically and not emotionally. Say the property was American Idol. Free agent. Same clause. CBS says we'll pay AI 300 million dollars to do the show. Fox then if they agree to pay 300 million dollars keeps the show. If they don't agree, CBS gets it.

Or to put it in another way, the Big East is a restricted free agent.

Your reading something into the text that is not there. The advantage ESPN has written into thier contract is that no current expiring media property can sign with another network without first giving ESPN the current bid that is about to be accpeted and letting ESPN have one last crack at the property. Thats all. Its not an eternal servitude contract---especially since it states in writing that ESPN may simply not be capable of matching the conditions of a competing offer. It also, if you notice, leaves ESPN the option to do what ever it wishes now that it knows the other offer. It can simply buy a portion of the rights or bring in a partner that would allow ESPN to meet (or beat) the competing bid on price and exposure. Being the last bidder with full knowledge of the competing bid is a HUGE advantage.


RE: Isn't today the day for the ESPN/BE response? - stever20 - 02-21-2013 03:14 PM

well, the beauty is we'll know by end of the day who is right.

the problem I see:
" ESPN shall accept or reject a Reoffer by COnference no later than seven days from its receipt."

that means they can accept a reoffer by the conference. I'm sorry, but I'm almost certain that means if ESPN accepts the reoffer, they get it.

I go back to the CUSA deal...
http://sports.espn.go.com/ncf/news/story?id=6274628

"At best, they violated our right to be given an opportunity to consider a final offer."

So to me, saying they get to consider a final offer means they have the right to take the final offer.

I'd expect a hefty lawsuit if ESPN accepts the offer, and Big East tries to go with NBC. Just like with CUSA.