July 7, 2009

BCS hearing at the Senate Judiciary Committee Subcommittee on Antitrust, Competition Policy and Consumer Rights

[Note the topic of post season overhaul will not be opened after this thread unless one of the following three things occurs:

1) The Department of Justice opens an anti-trust investigation
2) A conference commissioner or higher submits a proposal
3) Details below]

The hearing
Of the 10 senators on this committee, 2 were present. Chairman Herb Kohl left after opening the hearing, leaving one.

Witnesses:

BCS is anti-trust:

Michael Young
President, University of Utah
Salt Lake City, Utah

Barry Brett, Esq.
Partner, Troutman Sanders
New York, New York

Everything is just alright:

Harvey Perlman
Chancellor of the University of Nebraska-Lincoln
BCS Presidential Oversight Committee Chair
Lincoln, Nebraska

William Monts III, Esq.
Partner, Hogan and Hartson
Washington, DC

The most significant result of this hearing for most college football fans was some jovial comments between Young and Perlman that suggest a game between the two could be on the horizon. They both said they would suggest it to their athletic directors. Utah has open dates in 2010 and 2011 and after 2014. Nebraska for 2011 and beyond. Can a series be arranged for a pair of games in 2011 and 2014?

My favorite bit of the hearing:

[discussing the outcome of a ruling opposing the BCS on anti-trust grounds]

William Montz III, Esq.: "No judge is going to create a playoff system and impose it on college football."

Senator Hatch [reaches into his pocket, as if to imply he had a list of such judges] "I appoint the judges."

[referring sarcastically to his ranking position in the Senate Judiciary Committee]

My commentary on the debate
I don't think the case for anti-trust was proved. I would argue the fact that the non-privileged conferences continue to make the argument stronger on the field is proof that the BCS increases the competitiveness for all involved. The BCS gave Utah in 2008 an opportunity to exhibit their talent that was not afforded to BYU in 1984. BYU may have a national title, but most would agree Utah has more respect.

If anything the BCS has fostered unbridled success beyond the vision it originally set out to accomplish leading to its own present obsolescence.

More points were made in the argument that our academic institutions should set their aim for ideals higher than those mandated by law, and the BCS does not represent the optimistic mandates of our university system in a way that promotes their overall mission.

-------------------------------------------------------------------------------------------------------------------
Continuing my BCS fight
So I have been kind of quite, even in comments, about some of the recent BCS developments. At least for the couple of weeks. This does not mean that I have slowed down.

I have been honing my arguments and making plans to launch a series of YouTube BCS commentaries. Then the miraculous occurred.

June 26: David Fronmeyer posts this statement after the final decision was met on the MWC proposal.

In the last six years, I've read pundits, heard the pronouncements of broadcasters and collected several cubic feet of e-mail printouts from advocates of an NFL-style playoff system. Even those that go beyond sound bite certitude share two intertwined and fatal deficiencies: they disrespect our academic calendars and they utterly lack a business plan.

Eyes wide open. If the issue with the BCS is that the leaders have become so pragmatic from their success that they have lost sight of the fact that the NCAA Division 1 Football Bowl Subdivision post season should strive for ideals, the arguments in every proposal I have read, based largely on idealism, aren't going to work.

The BCS officials have other things to do. While they would certainly consider a change to improve the system they are not going to implement someone else's ideals for them.

Of coarse pragmatists would need a plan to transition from our current state to an improves state with time lines, budget estimates and facts demonstrating its need.

So I researched what a business plan was, modified the generic outlines I found online and produced one to implement my design for 2014 when the current contracts expire. I made market research a significant part of the plan, and did not tie it rigidly to my actual structure (which I expanded to include a revenue sharing concept and included as an appendix). I included a list of all the teams that had been to BCS bowls, arranged by number of appearance and W-L record, and including the post season views of the current coach when I could find it.

In 2008 a major shift occurred swinging the coaches vote, weighted by total number of BCS appearances by their team, against the BCS. Public changes of opinions by Bob Stoops and Mark Richt were a large part of this swing.

June 30th: Contacted Bill Hancock, BCS Administrator to find out who was replacing David Fronmeyer. Truthfully Bill Hancock has been far more friendly, accessible and helpful than the caricature of the BCS that is commonly portrayed.

Ben,

Harvey Perlman, chancellor of the University of Nebraska, will become chair of the BCS Presidential Oversight Committee July 1.

And as the BCS's only full-time staff member, I will be happy to address those responses. We are happy to communicate the truth about the BCS.

Thanks.

Bill

Bill Hancock, Administrator
Bowl Championship Series

July 2nd I sent it in to Harvey Perlman, with a copy to the appropriate football contacts for all 11 conference and independents.

July 4th received this e-mail:
Ben,

Bill

I am optimistic, but technically a "cease and desist order" IS a response.

[EDIT July 13th]

Well, here is the response (cc'd to the same people I had sent the proposal to):

Dear Ben,

P.S. Thank you for your compliments in your blog. We are interested in hearing all opinions, although time restrictions often preclude our sending personal responses to the hundreds of people who make suggestions each week.

Ironically, I also received an e-mail bearing the name resembling the attorney representing the MWC at the Senate hearing asking for collaboration. Upon opening it I found that an individual in Africa with my last name had died tragically with no heirs and large sums of money tied up in bank accounts.

Speaking of Africa, without Kevin this blog would fall apart. He just allows me a place to set my soap box. Honestly, most of the time spent on this was spent here discussing things with Reagan and KSUWild. (Talk about a vetting process...)

Comments:

BCS hearing at the Senate Judiciary Committee Subcommittee on Antitrust, Competition Policy and Consumer Rights
[Note the topic of post season overhaul will not be opened after this thread unless one of the following three things occurs: 1) The Department of Justice opens an anti-trust investigation 2) A conference commissioner or higher submits a proposal 3) Details below] The hearing Of the 10 senators on this committee, 2 were present. Chairman Herb Kohl left after opening the hearing, leaving one. Witnesses: BCS is anti-trust: Michael Young President, University of Utah Salt Lake City, Utah Barry Brett, Esq. Partner, Troutman Sanders New York, New York Everything is just alright: Harvey Perlman Chancellor of the University of Nebraska-Lincoln BCS Presidential Oversight Committee Chair Lincoln, Nebraska William Monts III, Esq. Partner, Hogan and Hartson Washington, DC The most significant result of this hearing for most college football fans was some jovial comments between Young and Perlman that suggest a game between the two could be on the horizon. They both said they would suggest it to their athletic directors. Utah has open dates in 2010 and 2011 and after 2014. Nebraska for 2011 and beyond. Can a series be arranged for a pair of games in 2011 and 2014? My favorite bit of the hearing: [discussing the outcome of a ruling opposing the BCS on anti-trust grounds] William Montz III, Esq.: "No judge is going to create a playoff system and impose it on college football." Senator Hatch [reaches into his pocket, as if to imply he had a list of such judges] "I appoint the judges." [referring sarcastically to his ranking position in the Senate Judiciary Committee] My commentary on the debate I don't think the case for anti-trust was proved. I would argue the fact that the non-privileged conferences continue to make the argument stronger on the field is proof that the BCS increases the competitiveness for all involved. The BCS gave Utah in 2008 an opportunity to exhibit their talent that was not afforded to BYU in 1984. BYU may have a national title, but most would agree Utah has more respect. If anything the BCS has fostered unbridled success beyond the vision it originally set out to accomplish leading to its own present obsolescence. More points were made in the argument that our academic institutions should set their aim for ideals higher than those mandated by law, and the BCS does not represent the optimistic mandates of our university system in a way that promotes their overall mission. ------------------------------------------------------------------------------------------------------------------- Continuing my BCS fight So I have been kind of quite, even in comments, about some of the recent BCS developments. At least for the couple of weeks. This does not mean that I have slowed down. I have been honing my arguments and making plans to launch a series of YouTube BCS commentaries. Then the miraculous occurred. June 26: David Fronmeyer posts this statement after the final decision was met on the MWC proposal.
In the last six years, I've read pundits, heard the pronouncements of broadcasters and collected several cubic feet of e-mail printouts from advocates of an NFL-style playoff system. Even those that go beyond sound bite certitude share two intertwined and fatal deficiencies: they disrespect our academic calendars and they utterly lack a business plan.
Eyes wide open. If the issue with the BCS is that the leaders have become so pragmatic from their success that they have lost sight of the fact that the NCAA Division 1 Football Bowl Subdivision post season should strive for ideals, the arguments in every proposal I have read, based largely on idealism, aren't going to work. The BCS officials have other things to do. While they would certainly consider a change to improve the system they are not going to implement someone else's ideals for them. Of coarse pragmatists would need a plan to transition from our current state to an improves state with time lines, budget estimates and facts demonstrating its need. So I researched what a business plan was, modified the generic outlines I found online and produced one to implement my design for 2014 when the current contracts expire. I made market research a significant part of the plan, and did not tie it rigidly to my actual structure (which I expanded to include a revenue sharing concept and included as an appendix). I included a list of all the teams that had been to BCS bowls, arranged by number of appearance and W-L record, and including the post season views of the current coach when I could find it. In 2008 a major shift occurred swinging the coaches vote, weighted by total number of BCS appearances by their team, against the BCS. Public changes of opinions by Bob Stoops and Mark Richt were a large part of this swing. June 30th: Contacted Bill Hancock, BCS Administrator to find out who was replacing David Fronmeyer. Truthfully Bill Hancock has been far more friendly, accessible and helpful than the caricature of the BCS that is commonly portrayed. Ben, Harvey Perlman, chancellor of the University of Nebraska, will become chair of the BCS Presidential Oversight Committee July 1. And as the BCS's only full-time staff member, I will be happy to address those responses. We are happy to communicate the truth about the BCS. Thanks. Bill Bill Hancock, Administrator Bowl Championship Series July 2nd I sent it in to Harvey Perlman, with a copy to the appropriate football contacts for all 11 conference and independents. July 4th received this e-mail: Ben, Wanted to let you know that Chancellor Perlman received your e-mail. Folks are away for the holiday, but we will respond shortly. Hope you are having a good Fourth. Bill I am optimistic, but technically a "cease and desist order" IS a response. [EDIT July 13th] Well, here is the response (cc'd to the same people I had sent the proposal to): Dear Ben, Chancellor Perlman has received your detailed proposal and has asked me to respond to you. I can't begin to imagine how much time you've invested in the project! Thank you very much. You are one of the few who has actually provided a business plan, although at first look, I did not observe an evaluation of the effect of your plan on the finances of college football overall, on the non-BCS bowls, and on the student-athletes' bowl experience. I also did not read an evaluation of the effect on regular-season scheduling, and an evaluation of how the uncertain number of teams in the bracket each year would effect the other bowls and television. Given the level of detail that you've provided, perhaps I missed those. ... Bill P.S. Thank you for your compliments in your blog. We are interested in hearing all opinions, although time restrictions often preclude our sending personal responses to the hundreds of people who make suggestions each week. Ironically, I also received an e-mail bearing the name resembling the attorney representing the MWC at the Senate hearing asking for collaboration. Upon opening it I found that an individual in Africa with my last name had died tragically with no heirs and large sums of money tied up in bank accounts. Speaking of Africa, without Kevin this blog would fall apart. He just allows me a place to set my soap box. Honestly, most of the time spent on this was spent here discussing things with Reagan and KSUWild. (Talk about a vetting process...)