O'Bannon, Jr. v. National Collegiate Athletic Association et al
Filing
255
Defendant NCAA's Notice of Motion and Motion to Admit Exhibits by National Collegiate Athletic Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Proposed Order)(Miller, Jeslyn) (Filed on 6/27/2014) Modified on 6/30/2014 (cpS, COURT STAFF).
EXHIBIT D
~-··
. -
~:::Jrl
1
T H E
·W
0
R l
D
W
I
D
E
l
E A
D
E R
As of June 4, 1999
I
N
SPORTS
Mr. Roy Kramer
Southeastern Conference
2201 Ci"vic Center Blvd.
Birmingham, AL 35203
Dear Roy,
_We are pleased to confirm the general terms of a new agreement between
the SEC and ESPN for the exclusive national "nonstandard television" coverage
rights to SEC football and basketball for the eight academicyears beginning in
2001-02 and concluding in 2008-09. This is a legally-binding contract.. After its
execution, we intend to enter into a long-form document mor~ definitively stating
the various details of our agreement. Until such time, this letter, together with the
provisions of our current agreement not changed by this letter, will constitute our
agreement.
1.
Term ~ 2doYt:IU:ou_,. fr'2oos-Joot1Jail~seasons
·2oot-:-O:z,_throu. h 2008-09
-~:~~~!?~IC¥~q~-ctri~ii~iirid·~g~Mnii{d ·orYril~ic~~~~"ih~ -~i~:~f this
agteemeri.tbyboth parties will extinguish ESPN's 2001-2002 renewal option in our
prior agreement dated as of May 31, 1994.
.
2.
General Scope - ESPN will have exclusive national "nonstandard
television" (e.g., cable~ DBS and all other means and media other than over-air
. broadcast television) coverage rights to SEC football and men's basketball, plus
such coverage of certain v;omen's basketball and Olympic sports and
international and ancillary rights as detailed below. Notwithstanding the
foregoing, the SEC and its member institutions retain their rights to exploit rad\o
nghtS and limited re-distribution rights as specified in this agreement (e.g.,
limited Internet distribution rights, butnot involving live or simulated live
telecasts of games). ESPN has not entered into, and will not during the term of
this agreement, enter into ariy agreement with another conference containing lessrestrictive terms regarding local Reairs or Internet usage than thoSe imposed on
the SEC in this agreement.
f:,t-'N.I<1C.
ESPN Plaza
Bristol. CT 06010
The University Athletic Association, Inc.
0000387
Tel: 860-766·2000
FLORIDA000381
2110-1
Southeastern Conference
As of June 4, 1999
Page2
3.
C
'i
-
,._;':
Football
' -::·';_..,_.,.,-,':[:~ ·_;:ri:fj:::;-1~>- "(:'\-t·":.;i_.{
:J
0
rr~~(\ -
•
.
3.1
Number of Games .
.::....:...!===--==-===..-"' ESPN·.nasJlie1f~nTto"a ililiilirfUm. _-of.120 .
-· -?."~~~\.-~~;;:~-: J .~---.-~1"~~,:~-~1}.~:~¥.~:~-~10'--- ::~. _: and a maximum of 144 SEC intraconference artdffomidntercoflference football
games 'dunng the eight years covet~dlJy ~sagreemerj,t. Of these, a .~urn 9f
~igl}t gam~ per year in the 20(fJ. ·tJu'o~gJ:l20q4 se~SOI1S ,will be telecast on the
.
EsPN network In each of the 2.~05,_~o~gh 2oo$ seasons, ~~HlJlJ,~f:!~:Ye,~
games (not including Thursday nighttelecasts)Will be televised on ESPN; as long
as ESPN2 penetrates a minim~ofseyenty~tWo mpli9n :tJ.S. ~elevision
hoUseholds and eighty-five 'percent (85%) ofsuch househo~ds-then receiving
ESPN (according to Nielsen inform~tion oi another ,re~evant iridustry_ standard
then reued ·upon by ES~N in the r~~ular. co~se of its b~iness); in
of t.he 20050B'seasons thcitsuch threshold is'not'reaChed>a I$1imuin ofeig11t games in any
so:-affected season Will be telecast on ESPN. .
..
.
.
ariy
3.2
Selection Procedures .~_Consistent with past.practices, ESPN
will have the fourth, clghthartd tentl:l game _selectlollS arinua,lly in a, "Draft"
conducted from arltong all &ru:n~s on. the.SEC schedPJe~ ·Til~ Dia,ftwill be
.conducted according to the same tim{fr~e {i.e., each
sb,oUld OCCur on
approximately December 15 but not 1<1tei than January 10
to each season)
and procedures (i.e., CBS wi1111av~ ''Dr:aft Piclrts). If the ratings during the 2003 and 2004 seaSonS ·av~rage 3.5 or more, then
the SEC has the right to termillate those last three years ofthe coritra:d. In either
event, the giving of written notice of termination Would trigger an exclusive 90day FN /FR period regarding modified financial terms to govern those remaining
three years. ESPN will schedule al12003 and 2004 games in good faith and will
not take any actions for the purpose of willfully depressing ratings in order to
take advantage of its performance option.
The University Athletic Association, Inc.
0000392
FLORIDA000386
2110-6
COflFIDENTIAL
Southeastern Conference
As of June 4, 1999
Page7
t4~~~~7Jli•~s::;e:~~~~
felec(lston EsPJ\l. dirrmg each of the 20014)2 through 2004-05 seasons: of which'six
m~lb~~i~ttat' be granted by the
SEC, ESPN will pay the following fees:
·
taJ
Within30days of the execution of thisagreement and its
approval by the SEC member institutions, a one.:.tiine payinent of
$5,000,000
(b)
2001-02 Season- $15,500,000
(c)
2002-03: Season- $16,500,000
(d)
2003-04 Season - $18,000,000
(e)
2004-05 Season- $19,000,000
(f)
2005~6 Season- $20,000,000
(g)
2006-07 Season- $20,000,000
(h)
2007-08 Season- $21,000,000
(i)
2008-09 Season- $22,000,000
The total including the signing payment is $157 million.
The University Athletic Association, Inc.
0000396
FLORIDA000390
2110-10
Southeastern Conference
As of June 4, 1999
Page 11
Please confirm your agreement by signing where indicated below. After
execution by both parties, we will prepare a draft of a long-form agreement.
ESPN looks forward to continuing our close relationship with the SEC well into
the new millennium.
Sincerely,
FOR ESPN, INC.
John Wildhack
Senior Vice President
ACKNOWLEDGED AND AGREED
The University Athletic Association, Inc.
2110-11
0000397
FLORIDA000391
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?