KBTX Note: While this CBSSports.com article references NCAA Bylaw 18.104.22.168, according to the 2011-2012 NCAA Division 1 Manual, no such bylaw by that number exists. However, there is a Bylaw 22.214.171.124 which reads as follows:
126.96.36.199 Noninstitutional Publications That Report on Athletics Program. Athletics department staff members shall not endorse (either orally or in writing) any noninstitutional publication dedicated primarily to reporting on an institution’s athletics activities, except as provided in this section, and shall not write for such publications. (Adopted: 1/16/93, Revised: 1/11/94, 4/26/01 effective 8/1/01)
News 3 has requested the letter cited in this report from Texas A&M University per the Texas Public Information Act.
Texas A&M is urging the NCAA to use a 17-year-old rules interpretation that it believes would keep the Longhorn Network from airing high school games.
CBSSports.com obtained documents that show A&M wants TLN classified as an "institutional publication", per bylaw 188.8.131.52, which would make it an "athletics representative of the institution." The 1994 interpretation dealt most mostly with what was, at the time, an explosion among specialty print publications. Several newsletters, magazines and weeklies sprung up in the 1990s that covered individual schools' sports. Several of those publications reported recruiting news in varying degrees as part of their coverage.
They were, in essence, what could interpreted as print versions of what the TLN is attempting to become in 2011. A&M is asking that the NCAA apply that Nov. 1994 ruling -- regarding those print publications -- to video-based publications.
If not, the school said, "the NCAA, in allowing institutions to create video-based publication agreements without any restriction on content, is opening Pandora's box."
A&M even uses a quote Texas AD DeLoss Dodds to drive home its point about TLN being an "athletics representative."
“This is yet another step leading up to our launch which will offer viewers unprecedented access to our sports programs …” Dodds said in a January press release.
All of it means that Monday's Big 12 AD meetings in Dallas to discuss "institutional networks" could be the most significant for the conference in more than a year. During the 2010 spring meetings in Kansas City, the seeds were planted for Nebraska and Colorado to leave the conference. During those meetings, Texas reaffirmed its desire to start a network.
"Our goal is to keep this together," A&M AD Bill Byrne said. "I don't see anything contentious about it."
The league recently agreed to a lucrative 13-year, $1.2 billion deal with Fox for its secondary rights. It figures to score another windfall when its ABC/ESPN rights expire after 2015-16. But cracks already are beginning to appear nationally and in the Big 12. Pac-12 commissioner Larry Scott reiterated last week what he told CBSSports.com in May.
" ... It's my view there will be further expansion down the road," Scott said during the Pac-12 media days.
Texas A&M appears to have leverage with a potential move to the SEC. That could lead to a tsunami of conference realignment if other conferences are forced to react within the marketplace.
Texas has long been speculated to become an independent if it isn't happy with the Big 12. (Although it has never been addressed what would happen with Texas' highly-competitive minor sports.) The school came within a heartbeat of joining the Pac-10 in 2010. A portion of Texas' contract with ESPN states that if Texas is not a member of a conference, ESPN would have 60 days to make an exclusive deal for those TV rights. It would have 48 hours to match any competing offer. That information was reported by the Austin American-Statesman after a Freedom of Information request.
Given the potentially shaky Big 12 partnership, a school like Missouri suddenly would have multiple options in perhaps the SEC, Big Ten, Big East, even the Pac-12. There is every indication, though, that the current situation will be resolved. That still doesn't mean the Big 12 is a long-term proposition.
The growing controversy over broadcasting high school games seems to have only two resolutions. Either it will happen or it won't. Texas and ESPN officials have said they are fine if the NCAA restricts the airing of high school games. Big 12 commissioner Dan Beebe has put a moratorium on the practice until the issue is resolved.
Also at issue is Texas' intention to broadcast a conference game on TLN. That raises issues as to whether a conference member would be helping promote the network by its participation.
What you don't hear at the moment is Texas and ESPN backing down on their own on the issue of high school games. Technology, at this point, is moving faster than the NCAA's ability to react to it. Texas' intent to show high school content via broadband distribution and a coming Longhorn application has Texas A&M and others concerned.
Adding to the confusion is that Texas, the Big 12, NCAA and ESPN are all in a symbiotic relationship. Texas is a member of the Big 12 which is a member of the NCAA. All three have financial relationships with media giant ESPN.
Texas and ESPN announced the 20-year, $300 million partnership in January.
The Longhorn Network is the first individual school-centric endeavor on a major network (ESPN). It is launching Aug. 26 but not before having somewhat of a national referendum on the future of such businesses -- and possibly the Big 12 itself.
After a much-hyped, regents meeting earlier this month Texas A&M president R. Bowen Loftin said TLN's intentions create "uncertainty," in the Big 12. Missouri coach Gary Pinkel said last week it is "common sense" that Texas not air high school games. While proclaiming solidarity among conference members, commissioner Dan Beebe said, "Any time there is any kind of perceived crack, there's going to be a lot of vultures in the air."
The issue has attracted the attention of the NCAA which has called an Aug. 22 in Indianapolis to discuss the issue. Among those invited include Texas, Notre Dame and the Pac-12. All three have networks or aspirations of forming one.
At issue is whether the ESPN/Texas partnership creates an unfair recruiting advantage. In early June, TLN chief Dave Brown specified in a radio interview that the network intended to show up to 18 high school games as well as travel to other states to show the games of players who had committed to Texas. That's where A&M, and others took notice.
Texas A&M is lobbying the NCAA hard to the point that ruling in favor of Texas "may cause more than simply discussion and consternation among the NCAA membership. It may lead to undesirable developments, a fear of creeping recruiting advantage that compels members to try to create situations for themselves similar to the Longhorn Network ...
" ... then the next step," A&M states to the NCAA, "could easily be an initiative to broadcast nonscholastic events during the otherwise slow collegiate sporting event summer period and it does not take much of an imagination to target men’s and women’s basketball summer tournaments/camps as being of interest to sports fans."
The NCAA already has its hands full with controlling the influence of those non-scholastic events. Basketball is rife with abuses. The association's enforcement department is working diligently trying to control non-scholastic third party influences in football.
College athletics is watching the TLN situation closely. Big Ten commissioner Jim Delany said Thursday that the Big Ten Network is not interested in televising high school games at this time. That could change, he added, the NCAA allows it.
In that case, he said, "we'll probably have to take a look at it."
At the time the original legislation was passed in 1993, 24/7 networks dedicated to one school didn't exist. Texas A&M argued to the NCAA that "the intent and spirit of the rule was that these type of outside/independent entities ... have greater flexibility in conversations with high school-aged individuals ..."
Dodds said Texas would be not involved in selecting high school games to be broadcast.
"We'll just have to let the process work itself out," ESPN's Brown said last week. "We would have liked to have done them [high school games], one game a week, two games a week. If we have to go in another direction we will."
Coach Mack Brown said last week that high school coaches and players would be hurt most through lack of exposure if their games weren't broadcast.