Few tips for MWC lawyer

Published: Sunday, June 10 2007 12:07 a.m. MDT

So, the Mountain West Conference, led by Utah and BYU, has hired a high-profile lawyer — an expert in the complicated but lucrative field of broadcasting.

It's about time this $80 million MWC egg found a warm hen to oversee the already laid orb. Good luck, Mr. Kelly Crabb, Esq.

What difference will this hire make in getting MWC sports to a broader audience? Was the hire a public-relations ploy to appease angry and frustrated fans? Was it a little saber rattling to shake things up, make a show that MWC university presidents are actively doing something to remedy the situation?

Well, of course, it's all of the above.

The hire of a lawyer was announced by BYU and Utah and endorsed by the rest of the league presidents a few days later. Considering that, I'd say 50 percent is politics; the other 50 percent is sending Crabb to sniff for a legal blood trail.

Crabb, who is a partner in the Los Angeles law firm of Morrison and Foerster, isn't answering questions about the task at hand, but here are a few bones he might pick over in coming weeks.

1. Add a body in the negotiating room to witness talks between the satellite companies and CSTV/Comcast, owners of The mtn. The new face would be someone representing the MWC, perhaps Crabb or commissioner Craig Thompson. So far, nobody from the

league has been allowed or invited to witness these negotiations, which are between a cable giant, owners of the MWC TV contract, and their sworn mortal enemies, satellite companies Dish Network and DirectTV. Imagine leaving the Hatfields and McCoys alone in a room to work out a deal.

2. Review of the exclusivity clause. The new TV contract is actually two contracts. One with the MWC and CSTV and an addendum attached when Comcast became CSTV's partner. This clause prohibits MWC games to air on local TV stations — even unclaimed by the schedule. Easing this restriction would allow unclaimed games like SDSU at Utah in football to be picked up by a station in Utah or San Diego. The current contract shuts out local TV stations.

3. Review of CSTV rights outside of the MWC footprint. Right now The mtn. network is seen over Comcast cable only inside the Mountain West footprint. Eventually CSTV and its partner, Comcast, should open this up to a national audience, estimated at 25 million. The two satellite dish companies have an estimated combined national reach of some 27 million. Once on board, they can make MWC games available on an upper tier subscription. Comcast needs to do the same.

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