SBJ/February 20-26, 2012/Leagues and Governing Bodies

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  • As NFL looks to pack stadiums, critics line up against blackout policy in comments to FCC

    One of the NFL’s top offseason priorities, boosting the in-stadium experience to attract fans to games, comes amid a renewed assault on the league’s controversial blackout rule.

    The league believes the threat of blacking out games in home markets unless there is a sellout is necessary to get fans to fill stadiums — which in turn coveys the popularity of NFL games to the millions watching at home. But five U.S. senators, nine sports economists and a host of fans took shots at that argument last week in comments before the Federal Communications Commission, which is considering dropping the blackout restriction.

    “I think it’s crazy,” said Lou Imbriano, a former New England Patriots chief marketing officer of the blackout rule. “You want your fans week in and week out seeing your team playing. The league is looking at it very myopically.”

    The NFL has repeatedly backed the blackout rule, in place since 1973, and warned in its own filing to the FCC that its popularity could decline without the provision.

    “The League’s blackout policy is designed to promote broad attendance and to make each game a special event,” the NFL wrote. “Anyone who has been at a basketball or football game in a half-filled arena versus one packed with tens of thousands of cheering fans will attest to the qualitative difference in the experience, regardless of the quality of play of the teams. In fact, the excitement that one feels in a packed arena or stadium translates onto television, and thus improves the television viewer’s experience.”

    Part of the debate between the NFL and blackout opponents is a chicken-and-egg argument: Do mostly sold-out stadiums mean the blackout policy is working, or that it’s unnecessary?

    “If televising games substantially reduced attendance, one would not expect that teams would televise all or nearly all of their home games,” the nine economists wrote in their filing with the FCC. “Extensive local telecasting of home games constitutes evidence that teams are benefited rather than harmed by live telecasts of home games.”

    This past season, 16 games were blacked out, or about 6 percent of the league’s total games. That is on the low range of historical trends. When the FCC first imposed the blackout rule four decades ago, more than half of NFL games were blacked out.

    Even if the FCC were to drop its blackout requirement, that does not guarantee blackouts would be eliminated. The NFL could still write blackout rules into TV contracts, but without the protection of a federal order, those policies could be subject to legal challenge.

    “They certainly have the right to build it into their contracts, but the question is whether or not it constitutes an unreasonable restraint of trade,” said Andrew Zimbalist, one of the nine economists. “If someone challenged it legally, then the policy could fall. I think the issue here though is why the FCC should be protecting this policy.”

    The FCC’s policy extends league policies on broadcast stations to channels that are carried by cable and satellite systems. The rules allow the NFL to apply its blackout policies for local television to channels available for carriage in the same market by cable and satellite systems.

    The NFL has tried to tweak the policy at times, allowing clubs for example to place tarps on habitually unsold seats and not counting them toward attendance requirements.

    The FCC solicited the comments at the request of the Sports Fan Coalition, a group that says its speaks for sports fans.

    “Shouldn’t the teams have to lower prices if they’re not selling enough tickets?” said Brian Frederick, executive director of the coalition, in an interview. “Shouldn’t they actually have to sell the product on the field rather than the threat of blackouts? We encourage the NFL to do what all major U.S. airlines have done: When the airlines want to sell out a plane, they lower the ticket prices shortly before takeoff. If the league wants to sell out a stadium, it should lower ticket prices shortly before kickoff.”

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  • MLS taps former WB exec for licensing

    Towers
    A consumer product shake-up at Major League Soccer sees the league hiring its first senior vice president of consumer products in Maribeth Towers, with plans to hire a handful of additional senior staffers in retail development and retail marketing.

    Stu Crystal, the league’s consumer products vice president since 2000, now reports to Towers.

    Like the recently installed interim CMO Howard Handler, Towers was a league consultant. Since 2009, she was a vice president with mobile marketing agency SolidMedia. Prior to that, she worked for Warner Bros. Consumer Products from 2001 to 2008, and she also worked in retail business development at Fox Family Worldwide/Saban.

    Sales have grown since the 2008 Adidas deal.
    “She has a diverse background in retail, entertainment and sports,” said Soccer United Marketing President Kathy Carter, “and while at Warner Bros. she worked with some of the big European [soccer] clubs. So she knows the landscape.”

    With the influx of European “name” players like David Beckham and Thierry Henry to the league over the past several years, and the overarching Adidas license granted in 2008, MLS licensing has been growing at healthy double-digit rates and has nearly tripled over the past five years. However, Carter said there needed to be a capital investment in executive talent for MLS licensing to reach the proverbial next level.

    “We will have an expanded focus, and integrate consumer products across as many of our marketing efforts as we can,” Carter said. “The business has grown, but we’d like to build a bigger business at our venues, within e-commerce, soccer-specialty channels and in big-box sporting good stores. We’re growing our fan base every year, so we want to grow our retail presence along with that.’’

    Carter said she also sees additional opportunities in hard goods, lifestyle, women’s and kids products, and better servicing of hot markets. The coming season will see a bigger push behind the league’s game ball from Adidas to get it to more retailers.

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  • Short season no problem for NBA on TV

    There is no making up the 16 regular-season games lost by each NBA team this year due to the lockout, but as the league heads to its all-star weekend in Orlando, double-digit increases in television viewership reflect continued momentum from last season.

    “We had hoped for the best and classically prepared for the worst, and we weren’t sure how our fans would react to the work stoppage,” said NBA Deputy Commissioner Adam Silver. “There is unparalleled interest across the board now where there are more must-see games on a nightly basis.”

    While average attendance through mid-February in the shortened season is flat, the television numbers show increases.
    On ESPN, the NBA has generated a 1.4 average rating over 24 games from the Christmas Day season tipoff through Feb. 12, up 27 percent over 21 games from the same period last season. Average viewership is up 21 percent to 2.1 million through Feb. 12.

    NBA at the Gate
    (through Feb. 14)

    Biggest Gains

    TEAM                           INCREASE
    Minnesota Timberwolves    +18.0%
    Philadelphia 76ers              +13.6%
    Los Angeles Clippers          +11.9%

    Biggest Drops

    TEAM                          INCREASE
    Detroit Pistons                    -22.8%
    Cleveland Cavaliers            -21.2%
    Houston Rockets                 -14.4%

    Note: For additional attendance information, see Turnstile Tracker.
    Compiled by: Brandon McClung

    NBA ratings on ABC from Christmas through Feb. 12 are up 15 percent to a 4.6 rating over three games compared with last year’s five games from the same period last year. This season, average viewership is up 18 percent to 8.5 million through Feb. 12.

    “I’d be lying if I thought [ratings] would be this strong,” said Norby Williamson, executive vice president of programming and acquisitions for ESPN. “People were concerned about offseason issues derailing the momentum, but that hasn’t happened. A byproduct of the compressed season from a programming sense is that it seems there is a great game on every night.”

    It’s a similar story at Turner Sports, where the NBA on TNT from Christmas through Feb. 12 has generated a 1.8 average rating over 19 games, up 20 percent from the average over 16 games for the same period last season. Average viewership is up 24 percent to 2.79 million viewers through Feb. 12.

    “The NBA dodged a bullet, and I am surprised by the ratings,” said Brad Adgate, senior vice president and director of research at Horizon Media. “A lot of people don’t pay attention to the early-season NBA games, but it is now a well-balanced league, and the NBA has been able to capitalize on it.”

    NBA TV had aired 46 games this year through Feb. 14 with an average of 358,000 viewers, a 58 percent increase.

    “Clearly there was pent-up demand for basketball,” said Christina Miller, senior vice president of strategy, marketing and programming for Turner Sports and general manager of NBA Digital. “There has been no shortage of story lines.”

    At the gate, the NBA was averaging 17,130 fans per game through Feb. 14, flat from last year’s 17,084 average attendance to date.

    The Chicago Bulls lead the 30-team league in average attendance at 21,875 fans per game at the United Center. The Detroit Pistons are last in the league, with an average of 12,730 fans per game.

    The Minnesota Timberwolves, led by rookie guard Ricky Rubio, have the largest gate increase at 18 percent, to 17,107 fans per game at the Target Center through Feb. 14. The Wolves also have sold 8,000 full-season tickets, a 33 percent increase from last year, to reach the team’s highest season-ticket sales level since the 2004-05 season.

    “Rubio has served as a catalyst, but there are a lot of pieces that have come together, and fans are intrigued of not just the team today, but also having a group of young guys for the future,” said Timberwolves Chief Marketing Officer Ted Johnson.

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  • League-owned teams = headache

    By Bill King & John Lombardo

    Staff Writers

    Two weeks shy of this season’s NHL trade deadline, the Phoenix Coyotes clung to the Western Conference’s eighth and final playoff spot, a scant three points ahead of Calgary and Colorado and only five points ahead of 12th place, where they languished seven days earlier.

    Asked whether that tenuous position would make his club a buyer or seller by the time the swap meet concludes on Feb. 27, the Coyotes’ president and chief operating officer, Mike Nealy, confessed he was not sure. His team was in the playoff hunt, but only at the fringe. His roster included several capable veterans whose contracts were expiring. This might be the time to trade out and retool for the seasons ahead.

    Yet, lacking one, crucial bit of information, Nealy struggled to answer.

    Nealy
    “Who is going to own the team?” Nealy asked, echoing a question that has orbited the Phoenix franchise for the 2 1/2 years since the NHL’s 29 other teams bought it out of bankruptcy. “If I owned it I might jettison everybody and be great three years from now. I’d be fine with that plan. But I don’t own it. And I don’t know who will.”

    This is the rub when a league takes over the operation — or in the case of this one and the NBA’s New Orleans Hornets, ownership — of one of its franchises. Faced with the uncertainty of bankruptcy or a hastened, cut-rate sale, the NHL and NBA took the extraordinary step of buying the respective teams, convinced it was the surest way to protect asset values and maintain stability for the leagues.

    It was a drastic, but logical, progression beyond the steps leagues have taken with other distressed franchises, such as the Buffalo Sabres, Ottawa Senators and Dallas Stars in hockey and the Texas Rangers and Los Angeles Dodgers in Major League Baseball, where the leagues exerted varying levels of control over operations while they sorted out matters with creditors and shopped for new owners.

    On the business side — in areas such as administration, marketing and finance — executives who have lived through league oversight say it feels much like the day-to-day business of any franchise. “Frankly, at times it was more difficult with the Walt Disney Co.,” said Tony Tavares, who ran the Angels and Ducks for Disney before carving out a niche as a turnaround specialist in the last decade, first shepherding the MLB-owned Montreal Expos and then heading up the Stars.

    But when it comes to matters on the ice, the field or the floor, there is something that is, well, not quite kosher.

    While Nealy said his counterparts at other franchises never have called him out on it other than with the occasional, joking “I own part of you” or “You work for me” at a league meeting, he suspects that the Coyotes’ election to be buyers at the trade deadline in each of the last two seasons — and make the playoffs both times — had to be an irritant for those who were boxed out.

    “In Calgary, they’re helping fund us so we can compete against them,” Nealy said. “I’m sure sometimes they scratch their heads about that. But, in the bigger picture, what’s the better alternative?”

    ■  ■  ■

    While the Coyotes’ decision to add payroll at the deadline the last two years may have yielded a few raised eyebrows, those pale in comparison to the gaping jaws that the NBA generated in December when its ward, the Hornets, placed the world’s best point guard on the trade market.

    Many in basketball would concede it was the prudent course for Hornets management. Chris Paul told the club he intended to opt out of his contract at the end of the season. Rather than risk getting nothing but salary cap space and a farewell hug, the Hornets elected to shop Paul aggressively before the start of a belated season.

    Despite arguably being prudent and fair, the NBA’s handling of Chris Paul’s trade to the Clippers brought backlash from fans.
    GETTY IMAGES
    It was the sort of decision owners and general managers face routinely. But, because the Hornets are owned by the NBA’s 29 other teams, the process played out as anything but routine, at least from the perspective of the onlookers.

    First came word — prematurely, the NBA contended later — that Paul had been traded to the Lakers. The next day, NBA Commissioner David Stern issued a statement saying Hornets management had declined the Lakers’ offer. Five days later, Paul was a Clipper.

    The NBA declined to comment for this story. But on a media teleconference in the wake of the trade, Stern presented the case that the Hornets had worked the market as would any franchise.

    Still, cast in whatever words, viewed through whatever prism, the core of the matter was this: The commissioner, in consultation with executives at the league, decided where the best point guard in the NBA would play this year. Stern’s choice may have been prudent; his decision measured and just. But it brought massive backlash, even public outcry, at least among sports fans.

    “I knew that we were doing the best thing for New Orleans. That was my job,” Stern said after the trade. “And when you do what I’ve been doing for something dealing with the NBA for I guess approaching 40 years, you have to stick with what you think is right.
    “I must confess, it wasn’t a lot of fun.”

    Stern also pointed out that the NBA followed the same protocol as the NHL did in its operation of the Coyotes and Stars and that MLB did while running the Expos.

    The Coyotes, Hornets and Expos are the only teams ever owned by the major U.S. sports leagues. But there have been other instances of leagues taking control — at least nominally — of imperiled franchises that were either in bankruptcy or headed for it. Nearly a decade ago, the NHL stepped in with both the Sabres and Senators. Last year, it worked with banks to fund and operate the Stars while they were sold out of a prepackaged bankruptcy.

    “They’ve all been different situations,” said Bill Daly, chief operating officer and deputy commissioner of the NHL, who has acted as the league’s liaison to the teams in all those cases. “In some, our level of involvement has been quite minimal. Others have taken longer and we’ve been involved a bit more.”

    MLB installed a “monitor” of the Texas Rangers when owner Tom Hicks sought bankruptcy protection in 2010, then did so again with the Dodgers for 10 weeks last year before exiting when owner Frank McCourt argued that such close oversight violated the bankruptcy code.

    “It’s the last thing that anybody wants to have happen,” said John McHale, MLB’s executive vice president of administration, who served as monitor of the Rangers. “But once you are faced with the possibility that the club may either seek bankruptcy protection or be pushed toward bankruptcy, that really focuses your analysis and your decision-making process. Because that is a forum where uncertainty rules.”

    ■  ■  ■

    Tavares was barely a week removed from a nine-year run as president of Angels and Ducks owner Disney Sports when MLB Commissioner Bud Selig called with an intriguing, unprecedented opportunity.

    Tony Tavares took over the Expos in 2002, the first time one of the four major U.S. leagues had owned a team.
    NEWSCOM
    As part of a complex transaction that included the sales of the Florida Marlins and Boston Red Sox, MLB had spent $120 million to purchase the Montreal Expos, with the stated intention of folding the franchise. The league needed an executive to preside over what it said would be the final season for the team.

    It would be the first time that any of the four major U.S. leagues took ownership of a franchise. While it would stem from vastly different circumstances than those that followed, it would face similar problems — the most prominent among them the persistent suspicion that the league might favor some teams over others when it came time to make a deal.

    Tavares said Selig told him he chose him because he was “independent minded.” Selig said he didn’t want the other franchises involved in running the team; and that, frankly, he didn’t think it was the place of anyone at the league to operate a team, because it would undermine their standing with the other clubs.

    “That was the key issue for me: That we could operate independently,” Tavares said. “For me, it came down to trust and knowing the person I was reporting to. Bud said what he said, and he absolutely meant it. What was important in his mind was the integrity of the team. That was paramount in his mind.”

    Selig had a similar conversation with Omar Minaya, whom he hired as the Expos general manager. To operate the club, he set up a structure that was simple, which has been mirrored by the NBA and NHL as they have gone down this path. Selig and MLB President Bob DuPuy would serve in the traditional role of owners, albeit hands-off ones. Tavares would serve as CEO, overseeing business operations. Minaya would report to Tavares, with the understanding that any disputes that they couldn’t resolve might be elevated to Selig and DuPuy.

    “It really wasn’t any different from what you’d see most places,” Tavares said. “You can think of Bud in the role of owner and me as chief executive officer. There are always going to be disagreements between the GM and team president. Sometimes those get elevated to the owner. But for the most part they get worked out.”

    MLB budgeted the payroll, based largely on anticipated revenue. To depart from that budget, Tavares needed Selig’s approval. While their day-to-day operations and front-office structure could mirror most franchises, Selig understood from the beginning that Expos baseball decisions would invite scrutiny.

    “I remember him saying, ‘You know, there are a lot of people that are going to be complaining every time you want to make a trade,’” Tavares said. “And, from what I heard, there were. There were multiple times when we were making trades that Bud was getting calls saying, ‘Hey, we were going after that player. I don’t think it’s fair. We’re a one-twenty-ninth owner in the club.’ And Bud would say ‘You know what? They’re running their club. And if they think this trade is going to improve their club, far be it from me to say it’s not.”

    MLB ran the club for 4 1/2 seasons, first in Montreal and then in Washington. In that time, it was both a buyer and a seller at the trade deadline. In all those years, it never could make decisions based on the sort of long-term strategic plan of a club that projects its payroll cycle out for three or five years.

    “There’s not a long-term strategy; there’s a survival strategy,” said Minaya, now senior vice president of baseball operations with the San Diego Padres. “We went to work every day trying to hold things together, and to make them better where we can. And that meant signing players and making trades. I promise you, in Montreal there was no interference at all from the commissioner’s office in what we were doing. Now, were there some teams upset? Absolutely. Because they wanted to get the players we got, or because they didn’t get the players that somebody else got from us. You’re always going to have that.

    “The delicate part that you’re dealing with is, every move you make can create the perception that something is not on the up and up. That was totally false in our situation. But people are going to talk.”

    Minaya said that, while his tenure in Montreal proved frustrating at times, he would undertake a challenge like it again if he could. In his two years there, only one decision stung him. In 2003, the Expos were an unlikely entrant in the race for the final playoff spot, tied with Philadelphia, Florida, Houston and St. Louis on Aug. 28. Minaya wanted to expand his roster in September, supplying a few fresh bodies and sending the message that the Expos were like the other four clubs.

    The truth was, they weren’t. Tavares told Minaya that he would not ask MLB for the $50,000 needed to expand the roster. They had already outspent their budget. Tavares said that while both Minaya and manager Frank Robinson thought they should make the moves, neither made the argument that it would get them to the postseason.

    The Expos went 12-15 the rest of the way and missed the playoffs by eight games.
    “It wasn’t easy to go down into the clubhouse after that decision was made,” Minaya said. “The players were upset. The coaches were upset. The manager was upset. But the bottom line was we could not go over the budget. So what are you going to do?

    “You can face that with any owner. It’s tough. And when the league is the owner, it’s maybe twice as tough.”

    When the Coyotes beefed up for playoff runs at the last two trade deadlines, they added payroll. But, Nealy and Daly stressed, they did not exceed the budget that the NHL’s board of governors approved at the start of the season. In each of those years, general manager Don Maloney went into the season with a payroll below what the league authorized, enabling him to add what he wanted at the deadline.

    Now, he faces that decision again.

    “If you were going to be there a long time, you would take a look at the club every year and say, ‘Are we close? If not, let’s fix the minor league system,’” Tavares said. “But you’re not going to be there a long time. Or at least you don’t intend to. So you have to say, What would a new owner do? And that’s how you have to act.”

    ■  ■  ■

    Just after the NBA bought the Hornets from George Shinn in December 2010 for $300 million, Stern installed Jac Sperling as chairman of the Hornets to run the cash-strapped franchise.

    The NBA tapped Jac Sperling to run the cash-strapped Hornets after buying the team in 2010.
    AP IMAGES
    Sperling, a New Orleans native, was chairman of the Minnesota Wild from 1997 to 2004 and he was involved in the sale of the Anaheim Ducks to Henry Samueli in 2005.
    Sperling’s orders from Stern were clear: Shore up the team’s business operations and drive new business in order to attract a local buyer. Sperling kept in place the team’s top management in retaining President Hugh Weber and other key front-office staff.

    “The NBA is not involved in the team’s day-to-day business operations,” Sperling said.

    “We prepare a budget and it is reviewed by the league and we are accountable to achieve it. It is really not different than any other owner I have been involved with.”
    The team’s basketball operations, led by general manager Dell Demps, and all other front-office staff report to Weber. Weber reports to Sperling, who answers to the league.

    When the league took over the team, the debt-ridden Hornets were bleeding cash and had just 6,300 full-season-ticket holders with dwindling sponsorship revenue. Sperling and Weber quickly created an aggressive marketing plan involving city and state leaders with the goal of selling at least 10,000 full-season tickets along with a corporate campaign to boost sponsorship revenue.

    City officials, local business leaders and fans have rallied around the campaign sensing that a lack of support would likely doom the team’s future in New Orleans. By late fall, the Hornets were one of 11 NBA teams to sell more than 10,000 full-season tickets. They increased sponsorship revenue by 30 percent.

    “The biggest change was that we needed to drive revenue in a way that the team hadn’t done,” Sperling said. “We started at a low point and had to energize our staff to get behind the effort. It was an attitude change throughout the organization.”

    In addition, Sperling and the NBA are negotiating a new long-term lease of the state-owned New Orleans Arena while peddling a naming-rights deal for the facility as they reportedly close in on a sale.

    “They were ambitious goals, but we knew what was at stake,” Sperling said. “What it did was attract a lot of potential buyers, and we are now in a position where the team has a chance to be profitable.”

    The metrics for the Coyotes in Phoenix are not nearly as striking, but they, too, point to progress. Ticket sales are up 20 percent this year, Nealy said. Ticket revenue is up close to 30 percent. Last year brought the highest renewal rate ever for the franchise. The Coyotes are comping fewer than half as many tickets as they were two years ago.

    Still, the Coyotes are hard-pressed to come up with a strategy to deal with the most common resistance they face when selling sponsorships, or in some cases tickets.
    Buyers see them as long-term commitments. They want that commitment to be reciprocal. And until it is, they’ll wait on the side.

    “The bottom line is the league can’t be in a position where it’s an owner in perpetuity,” Daly said. “You are never going to maximize the business locally if there is no long-term vision and stability. The management in Phoenix has done a fantastic job. But it’s tough for business partners and fans to really embrace the franchise as long as its future is uncertain.

    “And league management equals future uncertainty.”

    Staff writer Tripp Mickle contributed to this report.

    Print | Tags: Leagues and Governing Bodies
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