Big 12 Could Add One, Subtract Two at Board Meeting

Goodbye Sewerners and Shorthorns!!! Don't let the door hit you in the azz but drop off the money before leaving. The SEC meat grinder awaits and it is hungry for stunted ponies and ringworm infected shorthorns Welcome Zags!!! GO POKES!!!

Why on earth would you invite Gonzaga to play BB? BB brings very little to the party and it makes your conference look mickey mouse. Like you have to invite more schools to your conference to make it worthwhile. A perception they're already having to overcome.

If you are going to invite Gonzaga they have to be willing to commit to starting a football program even if it means the Big XII has to kick in the money to help fund it and the required stadium venue!!! Doing this smacks of the Big East twelve or thirteen years ago right before they fell into oblivion as a legit P 5 conference! Bring someone else like San Diego State that has all the major sports program! I see the four Texas schools be a resounding NO on this!!!

No different then what Big 12 does for Wrestling and I'm all for Gonzaga coming in and know their baseball program isn't that shabby. Now we know they don't have football but again we are already best Bball conference in the country and add Gonzaga - DAMN - Plus add over Texas going and OU sucks at basketball so who the hell cares.

The Big XII has no way to release OU & UT unless they want to pay a lot of money to FOX. FOX wants OU & UT for 6 games each next season and the only way we do that is by keeping them in the league. Actually we can't keep them in the league, it is FOX doing it. FOX is not even negotiating with the two schools since turning down their OOC offer.

Don't expect a Gonzaga offer, this is giving the AD's and Presidents the first look at the financial projections from the TV consultants. They'd then have to start discussions with FOX & ESPN. FOX would be the one picking up most of this so its really again a case of waiting on FOX. That is IF the Presidents will eventually decide its the right move. So this could happen, but very doubtful this week.

Also Gonzaga might want to wait and see if they could cut a deal with the PAC if they ever get a TV contract.

NJAggie said:

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The Big XII has no way to release OU & UT unless they want to pay a lot of money to FOX. FOX wants OU & UT for 6 games each next season and the only way we do that is by keeping them in the league. Actually we can't keep them in the league, it is FOX doing it. FOX is not even negotiating with the two schools since turning down their OOC offer.

Don't expect a Gonzaga offer, this is giving the AD's and Presidents the first look at the financial projections from the TV consultants. They'd then have to start discussions with FOX & ESPN. FOX would be the one picking up most of this so its really again a case of waiting on FOX. That is IF the Presidents will eventually decide its the right move. So this could happen, but very doubtful this week.

Also Gonzaga might want to wait and see if they could cut a deal with the PAC if they ever get a TV contract.

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Isn't it interesting that none of the local media even recognize the fact the FOX holds the cards on this deal. Most Big 12 schools want them two gone as soon as possible. The OOC scheduling scam was a very weak attempt at getting them out early.

NJ, technically, I don't think ESPN or FOX can prevent OU and UT from leaving - the parties have no contractual relationship. It's the B12 that has the contractual relationship with the networks. Thus, it's the B12 that would be in breach (reduced content) if it allowed schools to leave before the expiration of the GOR and thus, the networks could/would either reduce the B12 payout and/or sue the B12. Although I guess FOX could sue the B12 for anticipatory breach thus potentially preventing the B12 from letting OU/UT to leave before the expiration of the GOR. But, as you say, the key is FOX since they, and not ESPN, stand to lose content. Only a financial arrangement and/or future content adjustment in FOXs favor will get their consent to allow the B12 to cut OU/UT loose without fear of litigation. Of course that consent would also require an agreement between OU/UT and the B12 for and agreed upon penalty and/or future games with B12 members. Further, any deal that's cut with FOX might also be subject to a tortuous interference claim by ESPN, and any exit by OU/UT without a deal with FOX could result in a tortuous interference claim by FOX against the SEC and ESPN.

Bottom line, I doubt there is an early exit.

No the schools sign the GoR not the conference. ou & ut have to be in the conference until the networks say they can get out. I guess legally they could just refuse to play, and that would lead to them being sued and eventually having to pay off whatever the courts decided they need to pay. The SEC can't take them as they couldn't get their media rights as they are owned by the Big XII via the GoR, and have subsequently been sold to ESPN & FOX.

The locals just accept that ou & ut call all the shots, because they normally have. Now they've run up against FOX & ESPN and found out they are just another property they own, and they'll play when and where they're told. That's a hard lesson for the folks in Austin & Norman to learn. Let's just enjoy them learning it.

NJAggie said:

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No the schools sign the GoR not the conference. ou & ut have to be in the conference until the networks say they can get out. I guess legally they could just refuse to play, and that would lead to them being sued and eventually having to pay off whatever the courts decided they need to pay. The SEC can't take them as they couldn't get their media rights as they are owned by the Big XII via the GoR, and have subsequently been sold to ESPN & FOX.

The locals just accept that ou & ut call all the shots, because they normally have. Now they've run up against FOX & ESPN and found out they are just another property they own, and they'll play when and where they're told. That's a hard lesson for the folks in Austin & Norman to learn. Let's just enjoy them learning it.

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The GOR agreements are between the member institutions and the B12 conference, and are pursuant to and signed contemporaneously with the media agreements between the conference and its media providers. The networks are not party to the GOR agreements and have no technical ability to prevent the league from dismissing a member institution nor technical ability to require the conference to enforce the GOR agreements. But as I indicated, it really doesn't matter. The networks hold all the cards as to whether the B12 is provided an avenue to let OU/UT out early.

https://cdn.theathletic.com/app/uploads/2022/07/01185303/Big-12-Grant-of-Rights-1.pdf

The GoR's are tied to the contract as they are the guarantee to the media deals. The schools sign their rights over to the conference via the GoR. This insures that the schools starting the deal have to end it. Then the conference sells those rights via the media deal to the networks. The GoR is there to make sure that the conference can make good any loss of value in the contract from teams leaving. Any teams wishing to leave have to find something of value to provide to the networks to make up for their leaving. So yes the GoR and the networks are tied.

In this case neither FOX nor ESPN provided any monetary amount that could be paid. FOX insisted on games and it seems they want games in the same years as the contract is for (2023 & 2024). ESPN very correctly doesn't want to give up games to FOX to help OU & UT out of the predicament their in. The conference itself is really just a bystander unless they were willing to take less money for the 2 years and gift ou/ut with a free out or a reduced out. Maybe that's what the two thought they could force. The Big XII is standing firm and it seems ESPN & FOX are not putting any pressure on, in fact they relieved all pressure by giving the new contract.

NJAggie said:

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The GoR's are tied to the contract as they are the guarantee to the media deals. The schools sign their rights over to the conference via the GoR. This insures that the schools starting the deal have to end it. Then the conference sells those rights via the media deal to the networks. The GoR is there to make sure that the conference can make good any loss of value in the contract from teams leaving. Any teams wishing to leave have to find something of value to provide to the networks to make up for their leaving. So yes the GoR and the networks are tied.

In this case neither FOX nor ESPN provided any monetary amount that could be paid. FOX insisted on games and it seems they want games in the same years as the contract is for (2023 & 2024). ESPN very correctly doesn't want to give up games to FOX to help OU & UT out of the predicament their in. The conference itself is really just a bystander unless they were willing to take less money for the 2 years and gift ou/ut with a free out or a reduced out. Maybe that's what the two thought they could force. The Big XII is standing firm and it seems ESPN & FOX are not putting any pressure on, in fact they relieved all pressure by giving the new contract.

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It's actually less complicated, and more complicated than you state. The GOR is simply the mechanism under which the conference is granted the rights under the media deals with ESPN/Fox that allows the Conference to accrue any and all benefits under the media deals with the conference instead of the individual members. Those GOR agreements were entered into with no real tie to a potential exit by a member. It's the exit clause in the Membership Agreements which state the Conference retains the media rights granted the conference under the GOR agreements if a member leaves the conference. Pretty simple.

The complicated part from a technical standpoint is "how does the conference get paid the media rights of a former member"? And, "how much or what is FOX going to demand with the exit of OU/UT"? And, from SECs standpoint, "how much are they potentially going forego because OU/UTs media rights accrue to the B12?" All of which is why there would need to be some sort of content and financial agreement between the B12, OU/UT and ESPN/FOX to allow for an early exit. Thus, as you say, FOX/ESPN hold all the cards.