July 7, 2009
Posted: July 7th, 2009 06:01 PM ET

WASHINGTON (CNN) - A Senate subcommittee Tuesday tackled one of the most contentious issues in U.S. sports - the fairness of the Bowl Championship Series that decides the top college football team each season.

Convened by Republican Sen. Orrin Hatch of Utah, the hearing by the Antitrust, Competition Policy and Consumer Rights subcommittee provided a sounding board for his state's disappointment over the inability of the undefeated University of Utah to qualify for the BCS national championship game last January.

The BCS operates under an agreement among the major college football conferences that decides which teams qualify for the biggest bowl games each season, including the national championship game.

It also distributes the revenue generated by the bowl games, with the participating members taking part in more of the post-season matches and taking home more money.

Every season brings heated debate over the bowl lineup and calls for a playoff system similar to the ones used for every other NCAA sport, including small-college football. President Barack Obama has joined most Americans in expressing his preference for a playoff system to decide the nation's top college football team.

Hatch complained that the BCS system denies outsiders - such as Utah of the Mountain West Conference - a fair chance to compete with major conferences such as the Big 12, Big 10, Pacific 10 and Southeast Conference for a spot in the lucrative bowl games.

Last season, he noted, Utah went undefeated and gained a BCS berth in the Sugar Bowl against perennial power Alabama, which it defeated 31-17. However, the BCS ranking system prevented Utah from any realistic chance of selection for the national championship game, which pitted two teams that each had one loss on their records, Hatch said.

For schools outside what he called the "privileged conferences," the BCS system has "significant and largely insurmountable obstacles to playing for a national championship," Hatch said.

University of Utah President Michael Young complained that the BCS system both stifles competition and guarantees the majority of revenue from bowl games to the traditional powers.

"If you can't beat them, eliminate them," he said of BCS policy.

In response, University of Nebraska-Lincoln Chancellor Harvey Perlman said the BCS system - while imperfect - is the only workable formula that ensures participation by major football powers such as his institution.

The BCS recognizes the strength and depth of traditional programs, Perlman said, rejecting Young's argument that Utah has no chance to improve its status.

"There realistically is something Utah could do," Perlman said. "They could play the schedule Nebraska played."

At the same time, Perlman argued that uneven odds are part of every university's experience at one time or another.

"It's the same as when Nebraska walks into the NIH (National Institute of Health) and seeks a federal grant and competes with Harvard," he said.

"Theoretically we have the same the chance, but do we really?"

Two anti-trust experts provided conflicting testimony on whether the BCS system violates the Sherman Antitrust Act.

Barry Brett of Troutman Sanders insisted the BCS holds what amounts to an illegal monopoly and "uses this control to exclude all but its founding members (from) fair access to the competition and control of hundreds of millions of dollars."

In response, William Monts III of Hogan and Hartson noted the BCS members created the national championship game and therefore have the right to determine who participates.

He also warned against seeking anti-trust relief in court, saying a ruling against the BCS would end its existence without creating an alternative.

"The peculiar irony of an anti-trust claim is that it is likely to sound the death knell for the playoff system proponents want," Monts said.

Filed under: BCS • Senate


skyhawkdriver   July 8th, 2009 9:27 am ET

Don't you bozos have anything better to do??..the economy is in the toilet and this is the best you can do??..what are you going to do,make the universities buy chrysler or government motors products or the can't participate??..why don't you bums just all resign,go home and get real jobs..oh that's right..THERE AREN'T ANY JOBS!!!

Ooooo, What a Lucky Man He Was! | DEEP BRAIN DIARY   July 8th, 2009 9:19 am ET

[...] The Middle East could erupt at any moment.  The economy continues to melt down.  And the US Senate is debating the fairness of the college football BCS bowl [...]

indy   July 8th, 2009 1:02 am ET

I swear this makes me so sick, time for this but can't read a bill you vote on! the worst senate in history

Priorities • CrazyDrumGuy   July 7th, 2009 11:05 pm ET

[...] Your United States Senate is holding hearings on the BCS. [...]

bud in NC   July 7th, 2009 11:01 pm ET

As a bona fide Florida Gator, all that matters is that they play for the National championship every year. Every one else are just pretenders. So Senators, stop being partisan about your state. Make it permanently the Gators against whomever.

Louise in NC   July 7th, 2009 10:56 pm ET

I supported President Obama in the election and sometimes get upset with Republicans when I feel like they are knit-picking. But I truly believe this will be the best Congress we have ever had. They seem to me to be each one thinking about what is wrong with our government and have come up with a lot of good ideas on how to make government work better–Democrats and Republicans alike. I APPLAUD THEM!!

Darth Vadik, CA   July 7th, 2009 10:52 pm ET

Though, I did agree that Florida was either number 1 or two last year (Trojans being the other). Too bad we'll never know...

...congrats to Gators though.

Darth Vadik, CA   July 7th, 2009 10:50 pm ET

Ohh God, the horror BCS memories I have.
Only Pete Carrol has more nightmares about BCS than I do.

And Pen State actually thought they could be number one (in the AP poll) if they beat the Trojans badly enough... HAHAHAHAHAHAHAHAHAAHAHAHAA

Darth Vadik, CA   July 7th, 2009 10:43 pm ET

You know, I being a USC Trojan fan I will be selfish in thinking about this one...

BCS is nothing but BS.

Go Trojans, team of the decade, and to heck with all of you loudmouthed SEC fans, like the Big 10, nothing but hype.

FanSlwHnd   July 7th, 2009 10:38 pm ET

This has to be the most ridiculous waste of the government's time I've ever heard of ...... and that's saying something.

Really!?   July 7th, 2009 10:27 pm ET

Dems are going to screw up college football next.

KLJ   July 7th, 2009 10:27 pm ET

This is more important than working on health care!

Tom McClain   July 7th, 2009 10:18 pm ET

Orin, you are right!

The BCS is anticompetitive and deprives most of the fans in US from the passion of a real chance at a national championship. Pittsburgh and WVU have almost no chance in this system so most of us in this football Mecca turn our backs on the BCS nonsense. New England too is a great football region that yawns at the television on New Years Day, but is nuts for a strong Celtics or Bruins or Patriots team. Is Chicago a football town? Is Green Bay? Is Seattle? All of us outside the privileged regions of America should start a movement not to watch the BCS and to boycott its advertisers for the month of January.

Unlikely things happen in sports. The Pittsburgh Penguins just beat Detroit for the Stanley Cup. The Steelers just won a Super Bowl after a less than mediocre October. The teams that played for the BCS trophy ( I can't remember them because I ignored them) should have had to go through Utah to get there. Maybe they beat Utah or maybe not; but at least those kids would have had the honor of being defeated on the field.

The BCS is anti competitive, bad for the players, bad for the fans and contrary to all we know about young men playing ball.

Dump it Orin!!

I wish you well.

Tom

jj12345   July 7th, 2009 10:08 pm ET

I hate the way the BCS is structured right now, but isnt there anything more important to work on right now??

Mark   July 7th, 2009 10:05 pm ET

here's my biggest issue with the BCS argument. One of their main argument is that an 8 team playoff would make the other bowl games meaningless. The problem with this is they are meaningless now! The only game that really matters is the so called championship game.

Proud member of "Global Zero"   July 7th, 2009 9:55 pm ET

I thought we were going to get health care. Who are these people? Why are they not concentrated on the important issues.

Start working!!!

joey   July 7th, 2009 9:50 pm ET

This is what we pay our elected officials to deal with? I would rather them look at more important issues going on in the world. I think the fairness of college football can wait a year or 2.

MartiM, Plano, TX   July 7th, 2009 9:32 pm ET

Seriously? I mean, really, SERIOUSLY?!? With all that is facing the nation, there is a Senate subcommittee looking at this? Would someone please explain why this merits Senatorial subcommittee attention? Please?

AJ   July 7th, 2009 9:32 pm ET

The monkeys in our government have nothing better to do? What a great illustration of a total lack of character.

TCM   July 7th, 2009 9:23 pm ET

wow...now this is important.....

Bob CA   July 7th, 2009 9:20 pm ET

Politicians stay out of college sports. You can't even run a country.

Pat in IL   July 7th, 2009 9:19 pm ET

What??? Doesn't our congress have much bigger things to spend their time on than a sports issue?? This issue has nothing to do with America as a whole, and I can't really believe what I'm reading!

cali j   July 7th, 2009 9:19 pm ET

Unemployment is at 9.5 % nationally, and much worse in some places. We lost 8 men in two days in Afghanistan. North Korea tested another missile. The 3 big stories at CNN is Obamas daughters traveling with him, Palin resigning, and our Congress is debating College Championship Football. No wonder we are in a mess. Besides, everyone in the country knows that USC is the greatest college football program there is!

goodness, all you leaders have nothing better to do?   July 7th, 2009 9:09 pm ET

heads up your arses, so much you could be trying to fix and you spend your time on football, I want my taxes back

Judy from PA   July 7th, 2009 9:01 pm ET

Please big government, I know it is hard for you to stay out of our lives, but please stay out of our sports!!!!!!!!!!!!

Agnes   July 7th, 2009 9:00 pm ET

With Afghanistan in turmoil, the economy tanking, bedlam in Iran, I am so glad that Senators are spending precious time and energy on the Bowl Championship Series. Seeing that sports is akin to religion in this country, that makes perfect sense.

Illinoistom   July 7th, 2009 8:56 pm ET

The Washington politicians have screwed up everything else they've touched, they may as well screw up college football too.

AlwaysThinking   July 7th, 2009 8:53 pm ET

There are so many more important things for the Senate to be deliberating than whether or not the NCAA Bowl Championships are fair – of course they're not!

The Senate should be tackling all the real pressing issues facing our country:

- 2 wars
- crises in the healthcare and financial industries
- high unemployment
- global warming
- the need to develop alternate energy to make us more independent
- making sure our public schools have enough funding so they don't have to cut reading programs to make ends meet

Just to name a few ...

mike   July 7th, 2009 8:52 pm ET

What kind of a monster have we let our government become? They own us.

mjm   July 7th, 2009 8:32 pm ET

Now THIS is what government is for!

Screw national security, the economy, war and healthcare.

I want the senate on college football asap. Let's focus people!

Kenney in Albany   July 7th, 2009 8:28 pm ET

The people's pressing work deals with housing, finical, jobs, and health care issues. But I guess Republican Sen. Orrin Hatch thinks the fairness of some private organization is more pressing.

Will   July 7th, 2009 8:24 pm ET

Don't they have better things to do??

S.B.   July 7th, 2009 8:12 pm ET

It seems to me that with the economy in the tank, the Senate has many more pressing items to be discussing. Let the NCAA take care of football championships. It's not what we voted for our senators to do, and certainly not what we're paying them to do.

joel palmer   July 7th, 2009 8:03 pm ET

Beautiful! It's not like we don't have real issues to work on. Here is orrin Hatch, the Doctor NO of Republican bipartisanship, convening a hearing on a meaningless and really trivial isse the BCS.

let the freakin fans decide and pay attention to
Iran
IraQ
North Korea
The economy
Health care reform
Energy policy
Climate change

Jesus H Christ

Lesley   July 7th, 2009 8:00 pm ET

So special interests extend to the sports world, taking up the valuable time of our senators? Hatch should bring the private insurance industry before his Antitrust, Competition Policy and Consumer Rights subcommittee. That's another fairness, or unfairness, issue!

Matt   July 7th, 2009 7:58 pm ET

We have a few more pressing issues then a screwed up Bowl system for the Justice Dept to look at. And we wonder why our economy is in the tank?

David in West Virginia   July 7th, 2009 7:55 pm ET

The BCS series favors the top 10 or 20 universities in the country. There should be fairness in the system and a play-off championship series should be offered.

Neilz   July 7th, 2009 7:51 pm ET

With tens of thousands Americans going unemployed every week, 3 million American children homeless, runaway spending, same sex marriage, the Congress wants to play basketball. We really are in trouble.

haha   July 7th, 2009 7:51 pm ET

what a waste but when the libs wont listen to you what else are you going to do.

Steve (the real one)   July 7th, 2009 7:44 pm ET

I for one am so glad they have nothing better to do! Two wars, the economy sucks and the senate is concerned about the fairness of the BCS?? Republicain or Democrat led, I really don"t care. What I do care about is these folks getting back to work on what's important to this country! P.S. IT AIN"T COLLEGE FOOTBALL!

SMH   July 7th, 2009 7:43 pm ET

I am a long-time college football fan and for graduate studies attended a university noted for its legacy in college football. My opinions about the BCS are mixed, but I do know one thing for certain: with us fighting multiple wars, the economy in the toilet, unemployment hitting record highs, gas prices on the rise again, and everything else that is troubling this nation, why in God's name is the Senate wasting valuable time and resources on this?!

Tommy   July 7th, 2009 7:35 pm ET

I, for one, cannot believe that we are going to waste taxpayer money even deciding whether to investigate this or not. Senator Hatch, although I have a good deal of respect for you, I find it quite diminished by this action. You should be ashamed...this is beneath you and the rest of the government of this great country. You cannot call yourself a conservative and even entertain these shenanigans. YOU ARE DOING THAT WHICH YOU ASSAIL THE DEMOCRATS FOR DOING. Give it up and move on to something real.

AcidEatingLiberal   July 7th, 2009 7:33 pm ET

Nebraska Cornhuskers will make and win a BCS bowl this coming season. Count on it! GO BIG RED!

alchemist67   July 7th, 2009 7:31 pm ET

The president of Nebraska thinks his institution is a major power? HA!

InlandEmperor   July 7th, 2009 7:30 pm ET

With all the challenges currently facing this country it is unfathomable that the US Senate would spend even a nanosecond on something as trivial as this. Is it a wonder that the country finds itself as challenged as it does? Please stay the course on working to extricate us from the mess you allowed to occur during the Bush years debacle.

Commen Sense Reality Check   July 7th, 2009 7:28 pm ET

And this is important because why....?

JT   July 7th, 2009 7:25 pm ET

We need a play-off system. I feel the real teams that deserve a chance the National Championship are not being consider. The only reason why alot of people still wants the BCS is because all these big coompanies are benefitting from it. They arer the that wants see what should go or not. Norte Dame does need to be in every bowl game if they don't deserve it. They have proven that in the passed couple of years.

joe smith   July 7th, 2009 7:23 pm ET

mr hatch needs to ask ONE question, where is the Freddie Mac report that was due out to the President, Mr. Geitner, the house finance committee, and of course the American people, from whom you receive $190,000.00 salary, and all you want to investigate is college football..time for term limits..

rufus   July 7th, 2009 7:19 pm ET

They got time for this ?

Legna   July 7th, 2009 7:19 pm ET

U have gotta b kidding! The country is n a financial crisis and they r doing this. If we keep going like this there won't b a season cause there will b no donations to the schools to support athletic depts.

Russ   July 7th, 2009 7:18 pm ET

And Republicans have the nerve to blast Democrats for frivolous legislation and big government? What the hell is congress doing wasting time on deciding how to determine what football team is the best? What did BYU get short changed in a bowl game? There is way more important things to be doing right now than debating bowl game championships.

Roger from CA   July 7th, 2009 7:16 pm ET

You have GOT to be kidding!!! This could not be lower on the list of things that are appropriate for Congress to spend time on!!

FactCheck   July 7th, 2009 7:09 pm ET

Is this the best use of your time? Seriously?? When the NCAA is making millions at the expense of "student-athletes" who don't get a dime and rarely get an education, the BCS is not what's messed up about amateur athletics.

Jimmy the Greek   July 7th, 2009 7:09 pm ET

Yeah, THIS is what our elected officials are paid to do.... decide football schedules.

(eyes rolling)

Is there a country I can move and expatriot myself? Preferrably some place LESS liberal yet provides liberty?

jonathan   July 7th, 2009 7:09 pm ET

I dispise the BCS bowl system and would prefer some sort of playoff system instead.

That being stated, honestly doesnt congress have better things to concentrate on like a war, health care, gas prices, economy, social security, states that are going bankrupt left and right.

Save the playoff system vs BCS for water cooler debates and get to something that might be a bit more life and death for constituants.

GI Joe   July 7th, 2009 7:08 pm ET

No wonder nothing gets done for this country.

Resolutions for foreign countries.

Resolution for pop star.

And now a sports investigation.

Glad we have low unemployment, no wars, and everyone has health care, a job, a nice house, and plenty of food. Otherwise, these jerks might miss doing the really important stuff.

johnnie   July 7th, 2009 7:07 pm ET

stay out of it

Lars   July 7th, 2009 7:03 pm ET

Thank goodness that the Senate has finally tackled the issue that's more important than healthcare, taxes, climate control, supreme court nominations, et al.

Demagoguery any?

stkyrce   July 7th, 2009 7:02 pm ET

Playoffs!! That is all.

phoenix86   July 7th, 2009 7:01 pm ET

Excuse me, you guys gonna do anything to help the protesters in Iran, contain North Korea, try and bring down unemployment? Just curious if you all are willing to do your job.

Willy Brown   July 7th, 2009 6:53 pm ET

And you wonder why Congress sucks!

Carey   July 7th, 2009 6:52 pm ET

Are you kidding me? Don' t they have something better to probe?

mike   July 7th, 2009 6:52 pm ET

You would think the Senate had more important issues to tackle then College football.

Sniffit   July 7th, 2009 6:50 pm ET

OK, chances are they won't post what I just said, so I'll say it in a nicer manner:

And what will the "Antitrust, Competition Policy and Consumer Rights" committee be doing about the jerks who sell the tickets to these and ALL other events? See...some of us took Antitrust in law school and we're accutely aware of the biggest violation existing in our nation's economy. But hey, I suppose the focus by a GOPer (Hatch) on whether the competition and betting is fair in the sport itself makes perfect sense. Who gives a flying rat's crap about the people who just want to go to the games (or concerts or whatever)?

ib   July 7th, 2009 6:50 pm ET

This country is going broke and congress is voting on football. Time for a change allright; kick all of them out and start over both gop and demo's.

Gerry   July 7th, 2009 6:47 pm ET

Now congress is going to interfer into football and screw it up to.

bozo the obama   July 7th, 2009 6:45 pm ET

It must be the slow season in D.C.

JLS   July 7th, 2009 6:43 pm ET

This is a Congress that can't get out of it's own way, the deficit is going through the roof, more government than a person can stand, and now they want to look into the BCS??? You can't make this stuff up!!!

John M in NoHo, CA   July 7th, 2009 6:39 pm ET

Football championships, baseball steroids... what, are they done renaming "Freedom Fries"? If our founding fathers only knew...

Penn Voter   July 7th, 2009 6:37 pm ET

Another example of your leaders wisely spend our money. What else can we expect from this spend happy Administration?

Penn Voter   July 7th, 2009 6:36 pm ET

Another example of your leaders wisely spend our money. What else can we expect from this spend happy Obama Administration?

John   July 7th, 2009 6:35 pm ET

I am a huge football fan. Huge. But, doesn't the government have other issues to work on besides the BCS? Just asking.

SlowGun   July 7th, 2009 6:34 pm ET

wow...they don't have anuthing else to keep them busy?

Scott L   July 7th, 2009 6:34 pm ET

I seriously cannot believe that we are wasting taxpayer dollars on this, amid the entire economic crisis that is currently happening. I like Orrin Hatch, but COME'ON PEOPLE!

Now Democrats want a 2nd stimulus bill because the first one was "a bit too small" to quote one of Obama's outside advisors (Laura Tyson).

You voted these clowns into office, accept the consequences of your actions. They are destroying America.

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