By Paul Spillman
SEC Media Days will be held in Tampa this week with head coach Lane Kiffin and LSU slotted for Thursday, the final day of the event. After Media Days there is a one-week, last-minute getaway before players begin reporting for fall camps. Here locally the Tigers are scheduled to report on August 6. LSU kicks off the season with Clemson in a nationally televised night game on September 5.
After a summer unlike any in recent memory most fans will be eager to just get the season started and watch some football but the fireworks aren’t over yet and the band is still on the field. The Senate is pushing to bring the Protect College Sports Act (PCSA) up for a vote before the August recess. Proponents believe they have the 60 votes to pass the legislation against any filibuster and are now finalizing the language in an attempt to win over the SEC and Big Ten conferences.
Both the Big Ten and the SEC, as well as several individual schools including LSU, have objected to the initial bill. Stated objections included language preventing schools from joining power four conferences or moving from one conference to another and provisions capping name, image, and likeness agreements and tying it to revenue sharing. Unstated objections revolve around one issue only: pooling media rights. Neither conference will say it publicly but everything else can be negotiated and compromised on. Pooling media rights cannot.
But Senators are aware of the stance the Big Ten and the SEC have taken and are aware also that even though Notre Dame hasn’t made a public statement their opposition to pooling media rights is absolute. Not addressing that issue in a revised bill would mean bringing it up for a vote with opposition from those schools and would possibly kill the legislation. Even if it did pass with language such that the “power 2” and Notre Dame could be out-voted those schools would exit the NCAA as soon as a vote happened.
Why? SEC teams earned $72.4M each last year from the conference’s media rights agreement, Big Ten schools did even better at $79.9M. Notre Dame cashed in for an estimated $85M. In contrast ACC schools earned an average of $47.1M though the ACC uses a formula that pays some schools more than others. Over in the Big 12 teams earned a paltry $31.7M per school for its media rights. The SEC, the Big Ten, and Notre Dame have a significant advantage over other conferences and schools and simply will not agree to pool media rights and give up that advantage. Anyone who thinks otherwise doesn’t live in the real world.
The dollars involved also touch on why realignment and expansion is an important issue. The old PAC 12 conference no longer exists because it was poorly run and had such a bad media deal USC, UCLA, Oregon, and Washington asked to join the Big Ten. With the collapse of the conference Arizona, Arizona State, Utah, and Colorado joined the Big 12. The ACC adopted Cal and Stanford while Washington State and Oregon State were left without a home. Earlier Texas and Oklahoma had left the Big 12 conference to join the SEC.
Currently Miami, Florida State, Clemson, and North Carolina from the ACC have threatened to leave the conference for greener pastures, though it’s uncertain exactly what greener pastures those schools mean. Over in the Big 12 Texas Tech’s defense of Brendan Sorsby’s injunction after being ruled ineligible earlier this summer for gambling has made the Red Raiders into everyone’s favorite villain, prompting some around Tech to talk about leaving for another conference. Again though, it’s not quite clear who would be inviting Texas Tech to join.
Another issue to be addressed is clarifying language concerning name, image, and likeness deals (NIL), as well as other paid employment opportunities for athletes. Many believe the original bill capped all student athlete compensation at the revenue sharing cap of $20.5M per school, effectively ending NIL deals. According to some reports LSU’s current roster cost the Tigers roughly $40M to assemble this year’s team, which even LSU administrators, donors, and fans agree is not sustainable year over year. But capping total compensation to revenue sharing only would certainly result in multiple lawsuits should the legislation pass with that language.
According to Senators Maria Cantwell and Ted Cruz, the bill’s authors, the bill will be revised to address the concerns of the power 2 conferences, clarify some confusion, and eliminate loopholes. The revised bill will also include language preventing private equity groups from poaching the most heralded brands and starting a “super-conference.” But there may be a fight to include other language not in the original bill from our own lame-duck Senator Bill Cassidy. The PCSA does not address the issue of “employee status” for college athletes. Recognizing athletes as employees would be a major step in earning the NCAA the antitrust exemption it cannot now get from the courts and is begging Congress for. But as has been previously detailed ad nauseam the NCAA simply refuses to do anything. And Bill Cassidy wants to make sure it never will by including language prohibiting athletes from receiving employee status. It’s a controversial issue which won’t win votes by defining it further one way or the other but Cassidy has said he won’t support the bill without it. Including that provision would make the bill nearly impossible to pass in the House.
If no legislation passes SEC Commissioner Greg Sankey has said the conference will consider “Plan B,” which is going it alone. Plan B would also be an option should the legislation pass with language the conference can’t live with. If such a move became necessary it’s debatable whether the Big Ten or Notre Dame would initially join the SEC in breaking away from the NCAA but the lure of even more media dollars would be very tempting. A new organization of the SEC, the Big Ten and Notre Dame would draw a bidding war for media rights that would make current deals seem small potatoes and that would draw the other two conferences and some smaller schools dreaming big like moths to a flame. Men’s basketball and baseball would suffer the most from breaking away but women’s basketball and softball would hardly notice. Other sports are expenses on the athletic budget with little media value and would just have to adapt, which ironically is the biggest concern of proponents of pooling media rights, the very issue that could drive a break away movement.
So stay tuned. The summer isn’t over yet and there may be some more fireworks in the next couple of weeks. After that things will start happening, one way or the other.



