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Big 12/Bowlsby See ESPN as the Culprit and Has Sent "Cease and Desist" Order

July 28, 2021
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STILLWATER – In the continuation of what has been a strange last eight days that started last Wednesday when Brent Zwerneman of the Houston Chronicle first broke the story of Texas and Oklahoma seeking to leave the Big 12 and join up with the Southeastern Conference we now have the Big 12 Conference sending television sports powerhouse network ESPN, of which it has a contract with to televise it’s conferences sports, to “cease and desist” from “all actions that may harm the conference and its members and that it not communicate with the Big 12 Conference's existing members or any NCAA conference regarding the Big 12 conference's members, possible conference realignment or potential financial incentive or outcomes related to possible conference realignment." The news of the order was first reporter by Pete Thamel of Yahoo Sports.

Kevin Jairaj-USA TODAY Sports
Bowlsby’s aiming blame at ESPN is either genius or it may be paranoia.

Later in the day, Bowlsby spoke with Max Olson of The Athletic and clarified his allegations and reasons for having the order delivered to the network.

"This collaboration between and among ESPN and conferences to undermine the Big 12 is a tortious interference with our business,” Bowlsby said to Olson. “"It’s clearly them doing things that are disadvantageous to our business and I have absolute certainty that what I’m saying is factual. I’m not prepared to share the evidence, but I can tell you it’s irrefutable."

Basically, Bowlsby is in last ditch effort to save the integrity of the Big 12 and keep the other eight schools together. Bowlsby believes that ESPN was involved in the discussion with Texas and Oklahoma and the SEC in looking at the economics of that move. However, the trigger here was the reports that the American Athletic Conference, an ESPN group of five property, has contacted some of the remaining Big 12 members trying to get them to join. ESPN might be able to persuade some of those schools. If more schools leave then the Big 12 would dissolve after this season and save ESPN money on their Big 12 contract and Oklahoma and Texas the hefty exit fees to leave the Big 12 and ESPN was possibly going to help out with those.

In between all of this we’ve seen a wide variety of rumors on the future of the remaining eight schools in the Big 12 including Oklahoma State. We’ve seen statements from various University presidents and chancellors regarding Oklahoma and Texas and the situation that it puts their school in. Oklahoma State’s new President Dr. Kayse Shrum obviously touched a nerve and drew an op/ed response in The Oklahoman and The Tulsa World from former OU head football coach Bob Stoops.

Now legal action by the Big 12 toward one of their two television partners. It is clear with the order that the Big 12 believes that ESPN played a role in the recent and apparently long-term flirtation and correspondence that led to Oklahoma and Texas informing the Big 12 that they did not want to continue their Grant of Rights agreement with the Big 12 past the current agreement which concludes after the 2024-25 school year and corresponds with the end of the current television agreements. The next day (Tuesday of this week) the two schools formally asked for an invitation to join the Southeastern Conference. That was accepted and Chip Brown of Horns 247 reports the SEC board will vote on that during their Thursday meeting.

Meanwhile, the remaining Big 12 members are all looking for future conference options. Big 12 Commissioner Bob Bowlsby is urging the eight schools to stay together and work to form a viable future Big 12 without Oklahoma and Texas. The odds of that happening and building to the level of a viable Power Five league is a longshot. Bowlsby has not shown any propensity to lure schools into the league, at least schools of that caliber.

It is presumed for that reason that Bowlsby is trying to keep ESPN away from his schools for fear their advice or preference could lead to further departures. Those departures are likely to happen with or without ESPN as long as the other conferences decide they want to invite existing Big 12 members into their fold.

The effort to find OKlahoma State football and athletics its’ future conference home continues as Dr. Shrum, athletic director Chad Weiberg, OSU Senior Vice-President Kyle Wray, and others meet constantly at Whitehurst Hall on the Oklahoma State campus.

Discussion from...

Big 12/Bowlsby See ESPN as the Culprit and Has Sent "Cease and Desist" Order

3,892 Views | 12 Replies | Last: 2 yr ago by GumbyFromPokeyLand
NJAggie
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Well that was needed. ESPN has clearly been behind most of the worst moves made by the Big XII, and usually through their highly paid puppet UT. We are probably in for a few years of fight over the exit fees, and this will pave the way to sue ESPN for damages.

It also gives you some leverage to force ESPN to change their tune about the Big XII.

It will be interesting to see how this plays out, but Bob Bowlsby finally took a stand!
NJAggie
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Just saw the text of the letter. It says they have proof they are involved in the OU/UT move, and it says that they have now gotten proof that at least one other school has been contacted by them.

So, does the SEC actually have a vote tomorrow? If they do they now open themselves up to lawsuits.

This is about to get real interesting.
GumbyFromPokeyLand
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Further intrigue

Does the B12 tell ESPN they cannot de-value the B12 TV contract because they (at least in part) are benefitting on the other side by getting OU/UT in the SEC contract?
TUSKAPOKE
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Someone needs to tell Bowlsby the horse got out of the barn ten years ago and it is too late to close the door. This is just posturing for the litigation to come. Many have read the report that ESPN owes the Shorthorns $160M for that slug network and the funds will be used to payoff the B12 for the exit. Bowlsby showing fire now is too little too late. The Sewerners and Shorthorns are gone....the B12 is dead....OSU needs to find a new conference. Bowlsby needs to be sent home and the funeral planned for the B12.
Orangeheart72
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Horse is in the barn. Question is, can you and should you ride it or do better options exist. And along this line, do you need a $200,000,000 athletic budget team in your conference (OU, UT, Ohio St., Michigan, Georgia, to justify having a Power 5 conference? We have lost one good football team and another rich team. We can add 3 or 4 teams better than UT has been over last 10 years. Or, is it again all about having a dominating, rich blueblood or two leading a pack of "less wealthy conference victims" so the media market can sell its darlings to advertisers?! Perhaps we should quit drinking the ESPN Kool Aid! Does OSU, K-State, ISU, Troy, Boise, BYU, Northern Iowa and N. Dakota State, W. Michigan, Tulane, etc. send players to the NFL? Darn right they do. Can conferences absent a couple teams without a budget 2 or 3 times their competition still play an interesting brand of football? Absolutely!
TUSKAPOKE
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The "horse" got out of the barn 10 years ago when the B12 letting the Shorthorns make all the calls and run off A&M, NE, MO and CO and by sitting pat and not being aggressive to position the conference to survive. Not having a network and letting the Shorthorn have that fiasco they ran showed how weak the other members were. After thinking about it the rest of the B12 just about deserve this for allowing the bully to bully. It is not about "good football" but about the arms race for TV and advertising money. The SEC/ESPN are creating one super conference that will gobble up the $$$$ and college football is changed forever. They are modeling their "super conference" after the NFL model. There is good football at small OK colleges....but that is not where we want to be or should accept. The SEC/ESPN has set the table for a feast and only the blue bloods were invited and their aggression is not over. College football has been changed and not for the better.
NJAggie
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Won't it be funny that OU & UGa started this madness with their lawsuit, and we've come full circle and now OU and UGa (figuratively for the SEC) are going to be the one to bring it crashing down.

I'd bet there are already calls in regarding monopoly activity to the DOJ. And, they probably need to break up ESPN and FOX and probably the big conferences too.

But greed gets you this stuff. OU & UT only had to decide they wanted to leave and make the notification. Then they could have negotiated all they wanted to leave in 2025 with possibility to negotiate an early exit.

Instead they listened to ESPN, and got the move all negotiated prior to the announcement. So that was one huge mistake.

Then rather than the two or ESPN paying the exit fees they let ESPN try to break up the league by getting the AAC to offer enough schools a deal to come over, where ESPN would guarantee the same money they got in the Big XII.

So now the whole thing will probably wind up on hold, and guess what the league can withhold all payments to OU & UT since they made the announcement until the situation is resolved. And, I'm looking forward to Big Bob telling the people of Oklahoma why they should let OU borrow $50M a year to keep the OU football program afloat.

Meanwhile the contract has to remain in effect for the Big XII for as long as litigation goes on. Meanwhile OU & UT will not be being paid.

This could very well be the one that brings the house of cards down.
GumbyFromPokeyLand
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Consider Bowlsbys charges against ESPN.

How could UT and the SEC resolve the LHN conflict (and therefor UTs move to the SEC) without ESPNs direct involvement in negotiations? NFW!
Further, any settlement of the LHN between ESPN and UT as an inducement to either join the SEC and/or leave the B12 early (thus saving ESPN huge money) is a clear example of tortious interference - I think.
NJAggie
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GumbyFromPokeyLand said:

Consider Bowlsbys charges against ESPN.

How could UT and the SEC resolve the LHN conflict (and therefor UTs move to the SEC) without ESPNs direct involvement in negotiations? NFW!
Further, any settlement of the LHN between ESPN and UT as an inducement to either join the SEC and/or leave the B12 early (thus saving ESPN huge money) is a clear example of tortious interference - I think.
This has nothing to do with the LHN.

ESPN has given the AAC a budget to offer the remaining Big XII schools to move over to the AAC that will match and escalate our money for 10 years.

ESPN refused to negotiate with the Big XII.

They worked to move OU & UT to another ESPN property.

They then paid a 2nd ESPN property to expedite the breakup of the Big XII to avoid OU & UT having to pay Big XII exit fee. Not to mention Big XII remainder finding out there was money on the table for them at their current level not at the $9M a team mark ESPN was touting we were worth.

That's interference, its serious, and its why ESPN aint saying a thing.

I'd even think its highly likely the SEC doesn't have the rumored Presidents meeting to vote today.

They thought the 8 schools would just take the money and do as they were told. But, at least one informed on the scheme and here we are today on the verge of a real round of legal cases. The Lawyers have been up all night on this one. Probably calls out to the Anti-Trust people at the DOJ too. ESPN had always been careful not to get this close in prior manipulations, but this time they went too far with the wrong people.
GumbyFromPokeyLand
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NJAggie said:

GumbyFromPokeyLand said:

Consider Bowlsbys charges against ESPN.

How could UT and the SEC resolve the LHN conflict (and therefor UTs move to the SEC) without ESPNs direct involvement in negotiations? NFW!
Further, any settlement of the LHN between ESPN and UT as an inducement to either join the SEC and/or leave the B12 early (thus saving ESPN huge money) is a clear example of tortious interference - I think.
This has nothing to do with the LHN.

ESPN has given the AAC a budget to offer the remaining Big XII schools to move over to the AAC that will match and escalate our money for 10 years.

ESPN refused to negotiate with the Big XII.

They worked to move OU & UT to another ESPN property.

They then paid a 2nd ESPN property to expedite the breakup of the Big XII to avoid OU & UT having to pay Big XII exit fee. Not to mention Big XII remainder finding out there was money on the table for them at their current level not at the $9M a team mark ESPN was touting we were worth.

That's interference, its serious, and its why ESPN aint saying a thing.

I'd even think its highly likely the SEC doesn't have the rumored Presidents meeting to vote today.

They thought the 8 schools would just take the money and do as they were told. But, at least one informed on the scheme and here we are today on the verge of a real round of legal cases. The Lawyers have been up all night on this one. Probably calls out to the Anti-Trust people at the DOJ too. ESPN had always been careful not to get this close in prior manipulations, but this time they went too far with the wrong people.


Espns dealing with the AACis a completely different matter than the issue of the LHN.

ESPN paying off UT for the LHN to facilitate their move to the SEC, thus damaging the B12 for ESPNs and UTs benefit is a huge deal.
NJAggie
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GumbyFromPokeyLand said:

NJAggie said:

GumbyFromPokeyLand said:

Consider Bowlsbys charges against ESPN.

How could UT and the SEC resolve the LHN conflict (and therefor UTs move to the SEC) without ESPNs direct involvement in negotiations? NFW!
Further, any settlement of the LHN between ESPN and UT as an inducement to either join the SEC and/or leave the B12 early (thus saving ESPN huge money) is a clear example of tortious interference - I think.
This has nothing to do with the LHN.

ESPN has given the AAC a budget to offer the remaining Big XII schools to move over to the AAC that will match and escalate our money for 10 years.

ESPN refused to negotiate with the Big XII.

They worked to move OU & UT to another ESPN property.

They then paid a 2nd ESPN property to expedite the breakup of the Big XII to avoid OU & UT having to pay Big XII exit fee. Not to mention Big XII remainder finding out there was money on the table for them at their current level not at the $9M a team mark ESPN was touting we were worth.

That's interference, its serious, and its why ESPN aint saying a thing.

I'd even think its highly likely the SEC doesn't have the rumored Presidents meeting to vote today.

They thought the 8 schools would just take the money and do as they were told. But, at least one informed on the scheme and here we are today on the verge of a real round of legal cases. The Lawyers have been up all night on this one. Probably calls out to the Anti-Trust people at the DOJ too. ESPN had always been careful not to get this close in prior manipulations, but this time they went too far with the wrong people.


Espns dealing with the AACis a completely different matter than the issue of the LHN.

ESPN paying off UT for the LHN to facilitate their move to the SEC, thus damaging the B12 for ESPNs and UTs benefit is a huge deal.
It is an issue, but a minor one compared with them offering to keep payouts the same if you just let us move you over and eliminate the exit fee for our pet schools is.

It's also questionable as a case because ESPN owes the money to UT, so UT using it to pay the combined exit fees is technically not a violation. As long as ESPN didn't volunteer to pay when they didn't have to.

However saying on the one hand the schools in the Big XII remaining together has $9M in value, but if you go to the AAC your'again worth $35M for 10 years, if you let me get out of that contract and OU/UT out of the exit fee.
GumbyFromPokeyLand
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NJAggie said:

GumbyFromPokeyLand said:

NJAggie said:

GumbyFromPokeyLand said:

Consider Bowlsbys charges against ESPN.

How could UT and the SEC resolve the LHN conflict (and therefor UTs move to the SEC) without ESPNs direct involvement in negotiations? NFW!
Further, any settlement of the LHN between ESPN and UT as an inducement to either join the SEC and/or leave the B12 early (thus saving ESPN huge money) is a clear example of tortious interference - I think.
This has nothing to do with the LHN.

ESPN has given the AAC a budget to offer the remaining Big XII schools to move over to the AAC that will match and escalate our money for 10 years.

ESPN refused to negotiate with the Big XII.

They worked to move OU & UT to another ESPN property.

They then paid a 2nd ESPN property to expedite the breakup of the Big XII to avoid OU & UT having to pay Big XII exit fee. Not to mention Big XII remainder finding out there was money on the table for them at their current level not at the $9M a team mark ESPN was touting we were worth.

That's interference, its serious, and its why ESPN aint saying a thing.

I'd even think its highly likely the SEC doesn't have the rumored Presidents meeting to vote today.

They thought the 8 schools would just take the money and do as they were told. But, at least one informed on the scheme and here we are today on the verge of a real round of legal cases. The Lawyers have been up all night on this one. Probably calls out to the Anti-Trust people at the DOJ too. ESPN had always been careful not to get this close in prior manipulations, but this time they went too far with the wrong people.


Espns dealing with the AACis a completely different matter than the issue of the LHN.

ESPN paying off UT for the LHN to facilitate their move to the SEC, thus damaging the B12 for ESPNs and UTs benefit is a huge deal.
It is an issue, but a minor one compared with them offering to keep payouts the same if you just let us move you over and eliminate the exit fee for our pet schools is.

It's also questionable as a case because ESPN owes the money to UT, so UT using it to pay the combined exit fees is technically not a violation. As long as ESPN didn't volunteer to pay when they didn't have to.

However saying on the one hand the schools in the Big XII remaining together has $9M in value, but if you go to the AAC your'again worth $35M for 10 years, if you let me get out of that contract and OU/UT out of the exit fee.


I think you're missing a key element. ESPN and AAC hav an ongoing contractual relationship that does not involve any aspect of the B12. On the other hand UT will not be accepted by an ESPN league unless UT gets paid for the LHN. UT getting paid and benefitting from the termination facilitates the damage to the B12. Clearly two parties colluding to their benefit and damaging the contractual relationship both parties have with the damaged party.
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