Hatch urges Obama to investigate college's BCS
Posted Oct 22, 2009 10:10 AM
 By FREDERIC J. FROMMER
(AP)
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WASHINGTON -A senator whose undefeated home state school was bypassed for the college football national championship last season urged President Barack Obama on Wednesday to ask the Justice Department to investigate the Bowl Championship Series, citing Obama's own concerns about the way the top team is crowned in building a case for action.
"Mr. President, as you have publicly stated on multiple occasions, the BCS system is in dire need of reform," Sen. Orrin Hatch, R-Utah, said in a 10-page letter to Obama calling for an antitrust probe of the BCS. The Associated Press obtained a copy of the letter.
Shortly after his election last year, Obama said he was going to "to throw my weight around a little bit" to nudge college football toward a playoff system.
Obama and Hatch are among the many critics of how the BCS — a complex system of computer rankings and polls that often draws criticism — determines its national champion.
Hatch, who held a hearing on the BCS in July, told Obama that a "strong case" can be made that the BCS violates antitrust laws.
Under the BCS system, some athletic conferences get automatic bids to participate in top-tier bowl games while others don't, and the automatic bid conferences also get far more of the revenue. Hatch's home state school, the University of Utah, is from the Mountain West Conference, which does not get an automatic bid. The school qualified for a bid last season but was bypassed for the national championship despite going undefeated.
The system "has been designed to limit the number of teams from non-privileged conferences that will play in BCS games," Hatch wrote.
Hatch said the BCS arrangement likely violates the Sherman Antitrust Act because, he argued, it constitutes a "contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce," quoting from the law.
He said the system "artificially limits the number of nationally-relevant bowl games to five. The result is reduced access to revenues and visibility which creates disadvantages to schools in the non-privileged conferences."
Hatch is the top Republican on the Senate Judiciary's subcommittee on antitrust, competition policy and consumer rights.
The senator said the hundreds of millions of dollars generated by college football "are hardly trivial sums," given that many schools use such revenue to fund things like other athletic programs.
The Justice Department said it would review the letter and respond as appropriate. The White House declined to comment.
The chairman of the BCS Presidential Oversight Committee, Harvey Perlman, said, "Like a majority of presidents, commissioners, athletics directors and coaches, we stand behind the BCS as the best way to identify a national champion."
Perlman, who is chancellor of the University of Nebraska-Lincoln, noted that 120 schools compete through the season for the opportunity to play in four major bowls and the national championship game.
"No effort should be made to take away some of the best traditions of college football, which include the bowl games," he said. "Most importantly, our attorneys have done exhaustive reviews over the years, and we are confident that the BCS is in full compliance with the laws of the nation."
Alan G. Fishel, an attorney for the Mountain West Conference and Boise State University, backed Hatch's effort.
"If the government can look at the concentration of money in railroads, telecommunications and software developers, then why not the big business of college sports in America?" he said.
Hatch's letter comes a few days after the BCS released its first standings of the year. And on Monday, a group of college football fans launched the Playoff PAC, with the hope of electing more lawmakers who will pressure the BCS to switch to a playoff system.
Several lawmakers have introduced bills this year aimed at forcing a playoff system, but none of the bills has advanced.
The BCS's recent four-year television deal with ESPN, worth $125 million per year, begins with the 2011 bowl games. That deal was negotiated using the current BCS format. While ESPN has said it would not stand in the way if the BCS wanted to change, the new deal allows the BCS to put off making major changes until the 2014 season.
ESPN is a unit of The Walt Disney Co.
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
2009-10-22 10:22:05

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COMMENTS ( 49 )
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Kushner6
2:47PM Oct 26 2009 
Maybe the President or Congress should make up the football schedules each year for all the teams (apparently they have nothing better to do); that way teams that play in traditionally weaker conferences will have to prove their worth by having 3 or so difficult non-conference opponents (like Alabama, Southern Cal, Texas, etc.). Then, at the end of the year if the team is undefeated it would have shown that, in spite of playing in a weaker conference, it belongs in the BCS title game. This is not to say that Boise State or TCU isn't as good as the best teams from the major conferences, it is just that it can't be determine given the schedule they play. Also, a lot of people who cry for a playoff system seems to forget that if you take the top 4 teams, number 5 will feel slighted; if you take the top 8, number 9 will have a case and so on. Another point to consider; what if the two best teams in the country are in the same conference and one beats the other by a point in their conference championship game - does the loser of the conference championship get eliminated from the playoff even though the "loser" is rated higher than the winner of the other major conferences? I doubt if fans will want to see more than one team from any conference be involved in a playoff.
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JR PT
2:17PM Oct 26 2009 
Doesn't the president have more important things to do other than worrying about colege football championships. You would think Orin Hatch should too!
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KDWildman
11:46AM Oct 22 2009 
LOL!! Seriously? Really? How about let's worry about the state of the country, national security, and the economy before we worry about a damn BCS system shall we? And this is coming from a huge football fan. We know where his priorities lie, let's see if he gets re-elected next time. This government is so screwed up and corrupt it isn't even funny.
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StuO3
8:46AM Oct 22 2009 
Congress and the entire Federal Government should stick to what they are empowered to do by the constitution. Not football playoffs, not steroids not portuguese water dogs. Stick to running the country
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Krspas2
7:58AM Oct 22 2009 
It is time to expand the BCS to include the MWC and WAC into the BCS. Those conferences have had their top teams beating the top teams of the six BCS conferences. And please don't give me the supposed weakness
of those two conferences schedules. If the Big 10, Big East and ACC
can be in it (look at those patsy schedules) than the WAC and MWC
belong.
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ThangaveluSr
7:06AM Oct 22 2009 
Good
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This comment has been deleted.

LSJLABUE
5:21AM Oct 22 2009 
The country is in crisis, fearless leader can't make up his mind on troop strength in Afganistan and Hatch wants to get involved with football. Why?
There is big money floating around. This country needs a Football Czar.
Let the Congress run the NCAA and then we can have more lobbyests, payoffs etc....Let the school with the most money win
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CKKJGC
2:32AM Oct 22 2009 
Lest you nitwits lose track after getting all the way to the bottom of this article, the senator who wants Obama to investigate this is a Republican. This has nothing to do with Obama except it was another piece of junk mail he has to toss.
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Ocbfd
2:25AM Oct 22 2009 
Remember how it was before the BCS? Over decades there was a dispute only a few times. Now there are disputes every year over who gets that shot at the title.
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