My take on the mtn debacle.

[Cali Coug]

***Note- much of this has already been posted here and on CB, but I figured I would compile all of my thoughts into a single post***

BYU and Utah likely have a strong legal position at the moment.

*** LEGAL POSITION**

I would guess it is the following:

My guess is that the attorney is looking into whether or not Comcast has a duty to negotiate in good faith (or CSTV) with the satellite companies, along with whether or not BYU and Utah can leave the MWC and, in so doing, free themselves from the MWC contract.

In fact, of the two things I believe the attorney is looking into (and WhoisJohnGalt confirmed that he thought those were the two things as well on CB) I would bet that the MAIN reason is the second (freeing themselves from the MWC).

To accomplish the first of nailing Comcast/CSTV, BYU and Utah would have no reason to go it alone without the other MWC teams. They also would have no reason to publicize that they hired the attorney for that purpose. To accomplish the second, they would have a reason to announce the hiring of the attorney and to partner up without everyone else. It sends a clear message that they are serious about leaving the league if things don't improve. In fact, I wouldn't be surprised if they asked TCU to join them as well, though TCU may have signed a different MWC contract as a late-joiner to the league which could make their legal position more difficult. The MWC would struggle to survive without BYU and Utah, and take away TCU and you may as well declare them the Sun Belt part II.

***AVOIDING PENALTIES FOR LEAVING MWC WHICH LIKELY EXIST***

I would be surprised if the MWC contract doesn't have a stiff buyout penalty for BYU and Utah (probably required by CSTV before paying $80 million for broadcast rights), but BYU and Utah will argue that the agreement was breached by CSTV and Comcast and, therefore, they have no further obligation to pay any buyout money. All conjecture, but I would be surprised if this weren't the case.

***EFFECT OF LEGAL POSITION***

The MWC, and the other school presidents, should be very nervous right now. This is eerily similar to the departure of BYU and Utah from the WAC. If BYU and Utah are thinking of leaving, as I think they are for the reasons above, they have a HUGE opportunity to enhance their ability to get into the BCS. The BCS rules provide that the conferences will be evaluated by the schools in their conferences, and the schools' records and accomplishments will accrue to the conference they are in at the time of review, not at the time they earned their accolades. So, if BYU, Utah, TCU, BSU, FSU, and a handful of other schools formed a new conference, all of their records prior to 2008 (or whenever the conference formed) would be credited to the new conference.

They could also ditch the garbage teams in the league that would otherwise be a burden come BCS review time.

It could work out really well for them, if they can get the necessary momentum going (and I think this is the direction they are headed).

Of course, CSTV and Comcast will fight any departure tooth and nails. Their departure would sink the mtn overnight and crush their $80 million investment. As a result, I don't expect things to go that far. CSTV and Comcast, if they are smart, will offer a much lower rate to satellite companies before it comes to a departure. But this is a shot across their bow, and if they aren't listening, they will sink for sure.

[MikeWaters]

Is it possible for the Mtn to sink?

I mean, isn't it at the bottom of the ocean already?

[il Padrino Ute]

Originally Posted by MikeWaters

Is it possible for the Mtn to sink?

I mean, isn't it at the bottom of the ocean already?

If it is, it's all on Comcast. By refusing to sell broadcast rights to the satellite company before the start of last season as it claimed it would, Comcast sunk the MTN by not allowing more viewers .