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O's / Nationals MASN TV Fees (2 of 2)


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#181 Matt_P

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Posted 06 January 2015 - 09:19 AM

IMO, the cable television provider monopoly could be/could have been alleviated by running a big-ass conduit underground and letting multiple companies and Baltimore City run their own cable and fiber lines through them.

 

Like Chattanooga? Baltimore has been talking about doing just that. I doubt it will happen but there's talk. Baltimore got hammered by Comcast and isn't happy about it. I personally question whether Baltimore is competent enough to pull it off especially with Maryland's new Republican governor.

 

The problem still isn't that Comcast has a monopoly as a cable television provider. It certainly isn't a good thing because Comcast doesn't really have to improve things in Baltimore but for the reasons you listed it makes sense. But it's absolutely insane that they can have a monopoly as a cable television provider AND be able to sell programming.

 

The rule that needs to be made is that any entity that either has 10% or more of all pay TV customers can't own any equity in a cable channel in any market. Also, any entity that owns 10% of all pay TV customers in any market can't own any equity in a cable channel in that market. That way Comcast isn't allowed to have a monopoly selling cable while owning the content that it provides. It creates a huge conflict of interest.



#182 aurelius

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Posted 06 January 2015 - 10:12 AM

To me this whole conflict could have been prevented by making the nats and the orioles equal partners in MASN. That way, MASN could pay each team one dollar for the broadcast rights fees. Or MASN could pay each team $100 million in rights fee. It wouldn't make any difference because they both have equal stake in the TV business. There would be no need to have a third-party such as this ridiculous RSDC throwing their weight around.
 

But now, it's in the nats interests to make MASN less profitable because the orioles own a much larger stake of MASN. So it behooves the nats to go after the highest rights fee they can squeeze out of them.

 

This would have been a perfect model for cooperative TV revenue sharing if they had given both team more-or-less equal stake in MASN. As always in MLB, individual greed prevents the common good from happening.



#183 Matt_P

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Posted 06 January 2015 - 10:40 AM

Here's the thing. The Orioles controlled the media rights to the area before the Nationals came into town. Without the Nationals, the Orioles could have created their own network and sold their rights.

 

It is true that selling the rights of two teams is more valuable than the rights of selling one team. After all, some people want to watch the Nationals and others want to watch the Orioles. But the rights of the first team are more valuable than the second. If there are no Nationals then fans can only watch the Orioles but at least they can watch baseball. If there are no Nationals and no Orioles then fans aren't able to watch any baseball.

 

That means if the Orioles only got half of MASN they'd be getting hosed. That isn't fair compensation for the damage done to their media rights let alone the damage done to their attendance. Maybe the deal should have started at 66% and 33% but 50-50 isn't fair in the slightest and would never have been accepted.



#184 aurelius

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Posted 06 January 2015 - 11:12 AM

If the Nats are successful in slowly bankrupting MASN by charging exorbitant rights fees (and getting the RSDC to play along) then who wins? Certainly not the Orioles. Under that scenario the 50-50 arrangement starts to look better? And I think they could make it 51-49 in the orioles favor and have the same desired effect - which is none of this bickering and potentially dragging the dispute into the courts.

 

I think the courts might be inclined to accept whatever terms the RSDC dictate given that was the agreed upon form of any dispute resolution in the contract signed by both parties.



#185 Matt_P

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Posted 06 January 2015 - 11:27 AM

I think the courts might be inclined to accept whatever terms the RSDC dictate given that was the agreed upon form of any dispute resolution in the contract signed by both parties.

 

I hear what you're saying. But it doesn't make sense for the Orioles to accept an even split when the Orioles were the ones who deserve compensation for their losses. And it doesn't make sense for MASN to avoid going to court if the RSDC wants to propose an unfair deal. 

 

Now if the courts agree with the RSDC and MASNs is forced to either make a bad compromise or get screwed then MASN needs to consider making concessions even after the fact. But it makes sense to try any measures possible to avoid having that happen. If MASN can win in court then they may as well try until the end. And if the RSDC and Nationals won't consider a compromise even if MASN loses in court then I'm sure Angelos can find other ways to sue baseball.

 

The fact that the RSDC wants to screw the Orioles now doesn't mean that Angelos should have made a bad deal then. He just should have gotten more ironclad guarantees.

 

I suspect the a neutral court will come closer to Angelos than the RSDC. It's one thing to accept a 5% operating margin for a few years of a twenty year deal. It's quite another to do so for two years of a five year deal.



#186 PatrickDougherty

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Posted 06 January 2015 - 12:21 PM

Like Chattanooga? Baltimore has been talking about doing just that. I doubt it will happen but there's talk. Baltimore got hammered by Comcast and isn't happy about it. I personally question whether Baltimore is competent enough to pull it off especially with Maryland's new Republican governor.

 

The problem still isn't that Comcast has a monopoly as a cable television provider. It certainly isn't a good thing because Comcast doesn't really have to improve things in Baltimore but for the reasons you listed it makes sense. But it's absolutely insane that they can have a monopoly as a cable television provider AND be able to sell programming.

 

The rule that needs to be made is that any entity that either has 10% or more of all pay TV customers can't own any equity in a cable channel in any market. Also, any entity that owns 10% of all pay TV customers in any market can't own any equity in a cable channel in that market. That way Comcast isn't allowed to have a monopoly selling cable while owning the content that it provides. It creates a huge conflict of interest.

Oh, yeah, I'm firmly on your side in the broadcaster+content provider debate. I just also wanted to add some other info that wasn't particularly relevant (sorry Chris!). And yeah, exactly like Chattanooga.


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#187 dude

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Posted 06 January 2015 - 02:23 PM

Here's the thing. The Orioles controlled the media rights to the area before the Nationals came into town. Without the Nationals, the Orioles could have created their own network and sold their rights.

It is true that selling the rights of two teams is more valuable than the rights of selling one team. After all, some people want to watch the Nationals and others want to watch the Orioles. But the rights of the first team are more valuable than the second. If there are no Nationals then fans can only watch the Orioles but at least they can watch baseball. If there are no Nationals and no Orioles then fans aren't able to watch any baseball.

That means if the Orioles only got half of MASN they'd be getting hosed. That isn't fair compensation for the damage done to their media rights let alone the damage done to their attendance. Maybe the deal should have started at 66% and 33% but 50-50 isn't fair in the slightest and would never have been accepted.


I've talked about this stuff enough, but I'll add a couple of comments and then leave it alone.

1) The Orioles had crushed much of their OPaCY attendance and regional coverage before the Nats showed up. They were under-leveraging the entire market and the Nationals, through an MLB funded startup of MASN, gave them longer tentacles into areas that had forgotten about the Orioles. So what you're saying about the Orioles 'region' are technically true in theory, but the application of reality says the Orioles were doing much less there.....in other words 90(to 66% over time)% of those regions w/Nats > 100% of those regions without Nats. That's also not considering the 75M that Angelos was handed to start MASN, which, without the Nats, he'd have had to fund himself.

2) I agree that there is (should be) an uneven split favoring the Orioles given their initial rights to the region.

3) It feels to me like both sides are more worried about winning (and screwing the other side) than working something out (win-win) and building powerhouses 47 miles apart.

BOTH sides benefit from a revenue generating MASN, and BOTH sides win when you hide money from revenue sharing....the issue is that the current construct benefits the Orioles, but not the Nationals. I'm confident that MLB would love for this to be resolved by the teams and not the courts and they have been paying off the Nationals to try and keep them happy (or whatever the word is).
-----------------

Here's a win-win solution, not that anyone cares (actually it's win-win for the Orioles and Nats....MLB gets screwed, but it gets put behind them)

1) Move the % ownership to 65%/35% now. The endstate in 18 (whatever) years is ~67/33 so the Orioles/Angelos agree to move slightly beyond the endstate today. You move the clock forward 18 years and give a little extra that effectively eliminates the revenue consequences between the MASN splits and MLB revenue sharing.

2) Agree to a 20 year revolving compensation profile for both teams with a waiver against MLB assessment. This establishes a 20 year (or pick a number) profile that stays at that year profile (ie each year that passes, you sign up for the new year 20) and protects both teams from having to share a 'fair' % of their MASN deal. The annual value would certainly be under-valued.....you probably start with something like today at 35M (each) and allow it to go up a small % each year. Tie it annually or at the new 'year 20' to whatever economic factors you're comfortable with (everyone agrees). MLB has already built a lockout for for the largest clubs at something like 180M....you are essentially building a lower lockout for sharing for MASN only. Bottom line is you can blow up the revenue side and you don't have to share.

3) Allow MASN ownership to separate from the teams to the ownership groups WITH a sale clause. I thought this was already the case as apparently every other RSN works, but if they are tied to the team (let's assume they are), then allow them to separate, like everyone else. To protect this agreement, you have to have an arbitrated MASN value so that the is team to be sold WITH the network (Orioles + MASN%, or Nats + MASN%) or the agreement voids and is negotiated as any other separate media deal. You can't allow an ownership group to walk away from the team (sell) with no accountability on the fabricated value of the RSN.

4) Angelos gets a lump sum payment for moving to the endstate, paid by MLB. This was always a bad deal from MLB's perspective but they apparently thought they'd get out of it at some point. MLB is awash in cash so Angelos gets another 100M (or whatever....some % of whatever the 90% to 65% value assessment is)....so what....sometimes you pay to clean up the perceived mistakes of the past (ask Andrew Friedman). Maybe pay it out over X years to make it palatable.
------------

This basically cleans up all of the Angelos and Lerner issues and while MLB gets screwed (again), they get to close up the books and clear the court case and be done with it.

....of course.....all sides seem more committed to the fight.

#188 Matt_P

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Posted 06 January 2015 - 02:57 PM

1) Move the % ownership to 65%/35% now.

4) Angelos gets a lump sum payment for moving to the endstate, paid by MLB

 

 

That could work. But Angelos would want something between $100-150 million. I don't think MLB could get approval for that expenditure.

 

2) Agree to a 20 year revolving compensation profile for both teams with a waiver against MLB assessment.

 

MLB will never agree to that. All team-owned RSNs need to be audited every five years to ensure they're paying proper rights fees. But if the Nationals were willing to waive their ability to receive a reset in return for equity valued at $100 million then that gets rid of one problem. Without that, I think MLB and MASN could agree on the Bortz parameters (20% profit for baseball revenue and about 33% total).



#189 BSLChrisStoner

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Posted 14 January 2015 - 09:55 AM

Camden Chat: Orioles, Nationals MASN court case: Discovery raises more questions about Manfred's role, lawyer connections

http://www.camdencha...sdc-rob-manfred


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#190 Matt_P

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Posted 14 January 2015 - 12:36 PM

SK: We knew the deal when we bought the franchise; we are getting a handsome local rights fee from MASN with a great equity stake in the network that we believe has a very nice future. So yes, we think that it is a good deal for the Nationals and we look forward to a long and beneficial partnership with Peter and the Orioles.

 

SK stands for Stan Kasten. This comes from a Washington Examiner article just quoted in the MASN case.



#191 RShack

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Posted 14 January 2015 - 12:38 PM

Well, it's made it to Hollywood...

 

http://www.hollywood..._redirect=false


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#192 BSLChrisStoner

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Posted 15 January 2015 - 11:05 AM

FanGraphs: New Allegations of MLB Bias in MASN Dispute



#193 RShack

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Posted 15 January 2015 - 09:28 PM

As best I can tell, there are 2 kinds of issues:

1. Fair process: AFAIK, there are 3 things here: (1) that the panel may have been biased in favor of the Nats/MLB lawyer due to having a history with him; (2) that the methodology was wrong. MASN wants to say it had to be Bortz, but the contract didn't say that. The contract said "established methodology", so I would non-lawyerly guess that MLB would have to show that the RSDC methodology was indeed previously established; (3) that MLB had various reasons for wanting to favor the Nats and used it's influence to arrange things behind the scenes to favor the side it was on.

2. Fair result: the RSDC decision says that the very fact that the O's are supposed to get the same rights fees as the Nats is, all by itself, sufficiently favorable to the smaller-market O's that the profit margin for MASN, which is mostly owned by the O's, should be lower just because of that. This of course is the opposite of what the O's bragged about when the deal was signed, as they were crowing about how the main thing compensating the O's for having their territory invaded was that the profits to MASN were favorable to the O's in perpetuity. (Whether that money gets spent on the O's is a completely different issue.) So, now, the RSDC is saying that the main compensation the O's got should be minimized just because the rights fees to the 2 teams are (unfairly) the same. While this seems wrong in terms of what's fair (given the context), I don't know if this is a basis for legal wrangles or, since this was arbitration, it's just a case of "Too bad, O's, you're screwed".

If there's more to it than this, I missed it...


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#194 Matt_P

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Posted 27 January 2015 - 12:52 PM

New documents out.

 

The Nationals are claiming that MLB wouldn't have ratified the contract if MASN was promised a 20% operating margin and therefore MASN had to obfuscate the deal to ensure that it would be ratified.

 

Nationals are also claiming that MASN and MLB discussed increasing the Nationals equity in MASN. Problem is that the Nationals aren't always honest so I'm not sure I buy it.



#195 Matt_P

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Posted 27 January 2015 - 01:07 PM

MASN agreed to give the Nationals a 33% share immediately if MLB would agree to use Bortz in the future. The Nationals refused.



#196 Coker

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Posted 27 January 2015 - 01:14 PM

I'm glad you understand all this stuff. Because it's like a foreign language to me. 



#197 Matt_P

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Posted 27 January 2015 - 02:07 PM

MLB also was forced to release documents discussing the sale that they proposed. They're going to have a hard time explaining why they felt that MASN needed to pay the Orioles $1.2B over 20 years with adjustments every 5 years while asking another network to pay $900m over 20 years with no adjustments. And I don't think their discount value argument is going to go over well.



#198 Pedro Cerrano

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Posted 27 January 2015 - 04:00 PM

This has got to be the worst sports story in the history of the universe.


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#199 Matt_P

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Posted 27 January 2015 - 04:28 PM

This has got to be the worst sports story in the history of the universe.

 

It's fascinating though. MLB put together a whole bunch of documents discussing how the Orioles would benefit if they sold MASN. And every single one of them has insane assumptions that can't be serious. They're including money that the Orioles would receive from selling MASN in the calculations while ignoring the Orioles equity value in MASN if they don't sell MASN.

 

Whatever.



#200 RShack

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Posted 27 January 2015 - 06:05 PM

This has got to be the worst sports story in the history of the universe.

 

And it's only gonna get better... er, um, I mean worse...


 "The only change is that baseball has turned Paige from a second-class citizen to a second-class immortal." - Satchel Paige





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