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  • I've long been fascinated with college sports.

  • I grew up down south where college football is a religion.

  • I saw up close the power of Hoya basketball

  • when I went to Georgetown.

  • And now I've got a son set to play college lacrosse,

  • and that's giving me a whole new window into that world.

  • And as with everything, I see a business story.

  • Right now a first year lacrosse player

  • at a division three school like my son

  • and Trevor Lawrence,

  • Clemson's championship winning quarterback

  • and widely touted NFL star,

  • well, they have something in common.

  • Neither of them are allowed to be paid a dime

  • while they play sports at the college level.

  • And that may be about to change.

  • I think 2021 will be a pivotal year

  • for college sports for a lot of reasons.

  • We've been talking about

  • the potential tipping point in college sports.

  • This may be the time.

  • With the pandemic,

  • with the racial justice issues,

  • with the activity at the federal and state level,

  • with the activity at the Supreme Court,

  • that we say, this is no longer a sustainable model.

  • Schools are conspiring with competitors,

  • agreeing with competitors,

  • to pay no salaries to the workers

  • who are making the schools billions of dollars

  • on the theory that consumers want the schools

  • to pay their workers nothing.

  • After years of asking the question,

  • will paying college athletes destroy college athletics?

  • It looks like finally in 2021,

  • that question will be answered.

  • The tipping point is here.

  • College sports was built on the idea of amateurism.

  • More than a hundred years ago,

  • after the death of 18 students and injuries to 150 others,

  • the NCAA was formed as a nonprofit.

  • Its mission: to protect the lives of football players

  • by adding new rules to the sport.

  • The biggest being the advent of the forward pass.

  • One of the core tenets:

  • these were not professional athletes.

  • Amateurism is defined in the NCAA's 465 page manual

  • as being motivated primarily by education

  • and by the physical, mental, and social benefits

  • to be derived,

  • protected from exploitation by professional

  • and commercial enterprises.

  • In lieu of paying the players,

  • schools provide athletes with scholarships.

  • But today, between the college football championships-

  • Touchdown.

  • DeVonta Smith cannot be stopped.

  • And March Madness-

  • How about that?

  • The NCAA is a money-making machine,

  • with nearly $19 billion in revenue in 2019 alone.

  • And the students, they still don't get paid.

  • When and how did it get so out of control?

  • Like what was there a catalytic moment

  • or was this just a slow bleed as it were?

  • The explosion in revenues came from another

  • Supreme Court antitrust case called Board of Regents 37 ago.

  • Jeffrey Kessler is the co- lead counsel for the basketball

  • and football players who are suing the NCAA

  • for greater economic rights.

  • What happened in Board of Regents

  • is the Supreme Court ruled that the NCAA could not

  • restrict the broadcasts of college football

  • and had to allow the conferences

  • and the schools to compete with each other.

  • That led to an explosion in television revenues,

  • both in college football and then derivatively

  • in college basketball.

  • Rather than two networks broadcasting

  • a total of 14 college football games each week,

  • more than 15 networks carry nearly every college

  • football game on TV.

  • More games led to more ad revenue and events like-

  • LSU sits on the throne of college football.

  • The college football championship

  • brings in close to half a billion dollars

  • in revenue every year.

  • That revenue ends up influencing

  • how college sports is organized.

  • There was a great kind of realignment,

  • if you will, of a number of the major conferences.

  • This is Amy Privette Perko,

  • executive director of the Knight Commission,

  • an independent group that spearheads reform

  • in college athletics.

  • And that was really done to increase the footprint

  • of those conferences for the football TV market.

  • And what may work for the football TV market

  • may not be the best solution

  • for all the other sport programs.

  • While there are more

  • than 350 division one basketball schools,

  • they're only 130 in football,

  • also known as the football bowl subdivision, or FBS.

  • That's led to a great imbalance

  • in schools' athletic budgets.

  • FBS college football is the most powerful sport

  • in college sports from the standpoint of the finances

  • and shaping the entire landscape.

  • Because of the money in football,

  • you have athletic programs in division one

  • whose budgets are $5 million a year,

  • and they're competing in the same division in basketball

  • with universities that have athletic department budgets

  • of more than $200 million a year.

  • College football already rakes in money

  • hand over fist,

  • but the new playoff system is about to make it

  • more profitable than ever.

  • According to CNN, the 64 schools that compete

  • for a spot in that final game

  • brought in a combined $2.8 billion last season.

  • And with billions of dollars now coming

  • into NCAA programs, that money needs to be spent.

  • The phrase they use in economics

  • is rent seeking behavior.

  • This is my colleague, Joe Nocera,

  • a Bloomberg opinion writer and author,

  • who's been delving into the inequalities

  • of college sports for more than a decade.

  • That means money has to go somewhere.

  • And with division one basketball

  • and football being the lion's share

  • of where the revenue comes from,

  • the money goes straight back into those programs.

  • Where's it going to go?

  • It goes to the administrators.

  • It goes to the conference commissioners.

  • It goes to the coaches.

  • It goes to the assistant coaches.

  • It goes to the weight coaches.

  • It goes to these fancy buildings.

  • It goes to a new football stadium.

  • Nick Saban makes north of

  • five and a half million dollars a year.

  • Very simply, is he worth it to the University of Alabama?

  • Nick Saban's the best financial investment

  • this University has ever made.

  • About 45 of the 50 states where either

  • the basketball coach or the football coach

  • is the highest paid state employee.

  • However, there is one place

  • that money does not go.

  • They all say, well,

  • we can't afford to pay the players.

  • Of course you can afford to pay the players.

  • You've just chosen not to.

  • For years,

  • the NCAA has made two main arguments.

  • The first-

  • Well, they are paid.

  • We're here to educate them and help them grow as people,

  • but we're not here to help them

  • in terms of their financial gain.

  • The second being that paying players

  • would take away from college sports quote,

  • spirit of amateurism,

  • and some people do agree with those sentiments,

  • even some of the players.

  • I think on the financial side,

  • what the influx of, you know,

  • monetary incentives has done

  • is it's just made that process a little bit harder, right?

  • This is Kendall Spencer,

  • former track star at the University of New Mexico,

  • Olympic hopeful and the first student to ever sit

  • on the NCAA division one board.

  • I reflect on just ideally what I would want

  • a student athlete to be thinking about

  • when they were choosing their institution was

  • you know, where can I go

  • to not only get this great athletic experience,

  • and you know, maybe I'm trying to make an Olympic team

  • or maybe I'm trying to make the professional leagues,

  • but beyond that, where can I go

  • where I get what I need academically?

  • So that no matter what happens, I'm going to be successful.

  • Kendall and others argue

  • that this is actually what the current model accomplishes

  • for the vast, vast majority of athletes.

  • They say that reforms shouldn't unduly punish

  • those true student athletes in the process

  • of reforming a system that's been undermined

  • by two big money sports.

  • So for some, a strong education really is the

  • best compensation they can get for playing college sports.

  • But the money is hard to ignore,

  • and the pandemic made it even harder.

  • Tonight, the NCAA president says

  • there will be no fall championships

  • except for the college football playoff.

  • The money was so important for the universities.

  • They were going to play football, come hell or high water.

  • It didn't really matter

  • if the athletes got COVID.

  • They were going to play.

  • They'd always said, you know,

  • they're students first and you know, athletes second.

  • And they're there for an education.

  • So here you had a situation where most of the rest

  • of the university, in many cases, was not even on campus.

  • We reached out to the NCAA

  • about the health risks posed to players,

  • but they didn't respond.

  • And critics say that the canceling of one sport

  • but the continuation of another solely

  • because of financial reasons

  • makes the NCAAs amateurism argument moot.

  • The mythology that D one basketball

  • and FBS football was just like

  • another extracurricular activity,

  • as if it were, you know, rowing, you know,

  • or this or the newspaper or the drama club,

  • when in fact, these have become gigantic businesses

  • that are completely independent

  • of the educational mission of these schools.

  • And in college sports,

  • there was not only the argument that if we pay the players,

  • it will destroy the sport.

  • This is Gabe Feldman.

  • He's a professor of Sports Law at Tulane University

  • and overall expert on all things NCAA.

  • There was this added layer

  • that if we pay the players,

  • that will mean that much of the benefit will flow

  • to a relatively small number of players,

  • and the other sports will be hurt.

  • So we'll end up with college football

  • and maybe some men's and women's basketball,

  • but rowing and swimming and diving and golf and lacrosse,

  • that'll all collapse

  • because schools are struggling to make money.

  • So if the pandemic laid bare the importance

  • of college football revenue,

  • and the NCAA stood firm on not paying players,

  • could there be a middle ground?

  • I think there were plenty

  • of people who bought that argument,

  • accepted that we will do damage to college sports as a whole

  • if we provide compensation

  • for football and basketball players.

  • And so name, image, and likeness rights

  • were seen as I think, a compromise,

  • as a workable solution that would provide benefits

  • for college athletes.

  • Compensation for name, image, and likeness,

  • or NIL, doesn't involve colleges paying players

  • but does allow athletes to benefit

  • from their accomplishments

  • as the schools, conferences, TV networks

  • and others already are.

  • Help me understand how NIL fits

  • into sort of the larger argument.

  • NIL, for the benefit of those watching,

  • are the rights to exploit

  • an athlete's name, image, and likeness,

  • and the payment for those rights

  • doesn't really come from the schools.

  • And that's one of the reasons these schools should

  • not be upset about NIL.

  • It doesn't come out of their pocket.

  • It's like, it's like, you're making the players happy,

  • and you don't have to pay anything.

  • No institutional involvement,

  • no direct or even indirect money from the colleges.

  • Originally the NIL debate

  • focused around avatars in EA Sports video games.

  • In EA NCAA Basketball 09,

  • an unnamed UCLA player looked exactly like

  • and played the same position as Ed O'Bannon,

  • a former UCLA basketball player.

  • This led to O'Bannon v. NCAA,

  • an antitrust class action lawsuit

  • filed against the NCAA that challenged their use

  • of its athletes likeness for commercial purposes.

  • I don't think we can overlook the impact

  • that Ed O'Bannon has had on this.

  • When he filed his lawsuit to try to get compensation

  • for former and current college athletes,

  • he lost the case, at least as it pertained to NIL,

  • but I think he showed a path forward.

  • And I think he helped start to convince people

  • that it's possible to both save and protect college sports

  • and maybe even strengthen college sports,

  • while also providing more rights for college athletes.

  • While the Supreme Court ultimately

  • declined to hear the O'Bannon case,

  • the focus for NIL has now shifted away

  • from video games and towards social media.

  • It's hard to ignore that this is no longer just

  • about the traditional endorsement.

  • This is no longer just about the star athlete

  • getting the deal with the apparel company.

  • And the opportunities that has provided

  • for young people in this innovation economy.

  • When an athlete comes on campus,

  • and they have more than a million followers,

  • why can't they then monetize their popularity?

  • If you are a musician,

  • you could record something,

  • and you can get, Hey, everyone else at the school

  • is allowed to take advantage

  • if you have those opportunities

  • except the athletes who want to play NCAA sports.

  • Katie Ledecky, probably the most famous swimmer

  • in the country right now,

  • actually had to resign from competing any longer

  • on the Stanford swimming team

  • because the loss of her potential revenues

  • got to a point where, in consultation with her family,

  • she just said, she couldn't give it up any longer.

  • There should be some requirements for transparency,

  • and institutions should not be involved

  • in setting up these deals.

  • And there should be no use of the institutional mark.

  • Because again, this is about allowing the individuals

  • as athletes to be able to benefit from their name,

  • image, and likeness, not that of the university.

  • One thing NIL and directly paying the players

  • have in common is the NCAA has fought against both

  • for decades.

  • So why do you think they resisted so much?

  • Because that's the system?

  • They resisted because that's the way

  • it's always been.

  • They do worry about the disparity between

  • the quarterback getting a car ad

  • and the center getting nothing.

  • The reality is,

  • and that's what our antitrust laws establish,

  • is competition leads generally to more fan interest,

  • more revenues, and a fair allocation of the revenues

  • to the people who actually generate them.

  • And over the past few years,

  • the fight for NIL has gotten messy.

  • With no action by the NCAA and no national standard,

  • individual states chose to step in.

  • In September, 2019,

  • California initiated the Fair Pay to Play Act.

  • That allowed athletes to be paid

  • for their name, image and likeness.

  • Other states like Florida followed suit.

  • And on top of all that,

  • the Supreme Court has heard oral arguments

  • in the pivotal NCAA versus Alston case,

  • with judges making arguments

  • in both directions and some staying above the fray.

  • It's a tough case for me.

  • This is not an ordinary product.

  • So I worry a lot about judges getting into the business

  • of deciding how amateur sport should be run.

  • One of the things that it's hard for

  • I think an outsider to totally comprehend is

  • you've got California, you've got Florida,

  • you've got the Supreme Court, you've got the NCAA.

  • When you cut through it,

  • where does this really kind of come down to?

  • Like who ultimately is going to be sort

  • of the decider here?

  • There is a legitimate reason why you want one set

  • of NIL rules, right?

  • Because otherwise you really get

  • into the thing where 50 states have 50 different rules.

  • And it's a, it's a mess.

  • We are dealing with a situation I've compared

  • to the NCAA is now juggling fiery knives.

  • And the knives that are up in the air

  • are an amateurism antitrust decision.

  • There's activity at the state level, the federal level,

  • the Supreme Court level.

  • There are lawsuits still being filed.

  • There's the NIL legislation.

  • There's the public pressure.

  • And there's frankly not even agreement

  • within the NCAA about what the right path forward is.

  • You have recruiting advantages, you know,

  • based on what your NIL is in California versus

  • what your NIL is in Maryland.

  • The most logical place for this to be sorted out

  • is Congress.

  • I want to save college sports,

  • but I don't necessarily think

  • that kids shouldn't get any share of the money that is

  • increasingly making people in this industry millionaires.

  • That's Senator Chris Murphy from Connecticut,

  • a diehard UCONN fan, and one of the most outspoken members

  • of Congress when it comes to NIL.

  • And that's why I've introduced

  • legislation that would create a federal right to make money

  • off of your name, image, and likeness.

  • And that's why I'm supportive of broader efforts that would,

  • you know, create some federal expectations

  • around broader revenue sharing with student athletes.

  • Senator Murphy isn't the only

  • member of Congress taking on NIL.

  • His co-sponsor in the House is Representative

  • Lori Trahan of Massachusetts,

  • who herself is a former D one volleyball player

  • at Georgetown.

  • Go Hoyas.

  • Another bill in Congress,

  • the College Athletes Bill of Rights,

  • was introduced by Cory Booker and Richard Blumenthal,

  • both Democrats from New Jersey and Connecticut,

  • respectively.

  • It seeks, quote, fair and equitable compensation

  • for college athletes.

  • We reached out to the NCAA for comment,

  • and they directed us to a statement reading:

  • the board of directors remains fully committed

  • to providing student athletes

  • with appropriate opportunities within the collegiate model

  • by modernizing division one rules related to name, image

  • and likeness and transfer eligibility

  • at the first practical opportunity.

  • If we're going to make a good case for Congress,

  • they need to understand that all the universities

  • within the NCAA want to see the same outcome

  • because timing is critical here

  • because we're frankly at a point where the first state law

  • will go into effect in July,

  • and we're leading toward chaos.

  • That's not going to be good

  • for athletes or the universities.

  • And so what do you worry about

  • kind of getting in the way?

  • What are the obstacles here to getting this done?

  • This industry is incredibly powerful.

  • I think that, you know,

  • the power five schools are not going to be interested

  • in changing the status quo.

  • And I think that's largely because the power now exists

  • in individual school athletic programs

  • and individual conferences, not in the NCAA.

  • And he's right.

  • The power in decision making

  • for allocating revenue has shifted from the NCAA

  • to what's called the power five,

  • or the five most prestigious athletic conferences

  • in America.

  • And one of the things that a lot of sports fans,

  • college sports fans, for example,

  • don't really understand is that the NCAA does not control

  • the college football playoff.

  • And the $500 million a year generated by the college

  • football playoff is handled independently of the NCAA.

  • The FBS institutions receive that funding.

  • This fits into sort of some even bigger

  • questions it feels like around how colleges operate,

  • how they spend their money.

  • It's long overdue to have a conversation

  • about recalibrating revenue and costs in college sports.

  • Also recalibrating the governance structure

  • in division one sports,

  • and the Knight Commission has been looking

  • into these issues for a very long time

  • and continues to do so.

  • There's significant opportunities here

  • because the growth in the media revenues

  • is not going to go away.

  • We've seen over time,

  • it continues to increase in college sports.

  • Some of the challenges really are a result of its success

  • and media revenues,

  • but we haven't met the moment

  • of the challenges by changing the system,

  • by changing the incentives,

  • to really ensure that those revenues

  • are going to the right places

  • and going to support a healthy system across all sports,

  • not just football and basketball.

  • While much has made of how much money

  • pours into and swirls around

  • big time college football and basketball,

  • Senator Murphy and other proponents of NIL reform

  • say the biggest beneficiaries may not be the star athletes,

  • like Trevor Lawrence and Zion Williamson,

  • who would simply be getting a down payment

  • on a future fortune.

  • The real winners may be athletes

  • at top tier college programs,

  • like the fabled UCONN Women's Basketball team,

  • some of who may ultimately eke out a living playing

  • professional basketball,

  • but whose best chance of being compensated

  • for their talents may come in college.

  • Managing a vaccine rollout

  • and an ensuing economic recovery

  • will likely push Senator Murphy's bill

  • and other legislation until later in the year.

  • In the meantime, we'll get a look at how athletes

  • may or may not benefit from state legislation.

  • The NCAA may opt to take this issue up again,

  • and the Supreme Court will likely issue its ruling

  • by the summer.

  • 2021 may bring some semblance of change,

  • or it could bring an entirely new business model

  • to college sports,

  • one that actually includes the athletes.

  • Thanks so much for watching.

  • Would love to hear what you think

  • about this and other episodes about the business of sports.

  • I'll be in the comment section.

  • Can't wait to hear what you think.

I've long been fascinated with college sports.

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