• 4 days ago
During a House Commerce Committee hearing earlier this month, Rep. Russ Fulcher (R-ID) spoke about the NCAA's revenue share system.

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Transcript
00:00And now we'll recognize the Vice Chairman of the full committee and you're uniquely
00:07qualified to ask these questions, being from Boise State.
00:11Thank you very much Mr. Chairman, I appreciate the tie Mr. Whitman has on.
00:17It's Boise State Bronco colors, we're glad to see that, but also Florida colors if I
00:22got that right, and probably Illinois is in there somewhere I'm guessing.
00:28Question for Mr. Egbo, as mentioned, I'm a Boise State University alum, they're in my
00:36district as well as University of Idaho, Idaho State University, but in the football and
00:43basketball arena have been very competitive, but they are not of the same size and scope
00:48of the large schools.
00:51And so I'd like to get your take on this.
00:54Under the House case, the revenue sharing cap is up to $20.5 million, well that's more
01:01than the entire budget for Boise State or University of Idaho or Idaho State, or I am
01:06assuming I believe Christian University.
01:09And so just in terms of scope, how is this going to work?
01:15Is this going to be, can this be fairly applied?
01:19Can the smaller schools maintain their competitiveness with the larger schools under this revenue
01:28share cap system?
01:30If I could get this answer right, I'll probably get a raise for my AD, so, but I think the
01:39first thing is having clear rules.
01:42I think the first step is leveling the playing field as far as what is permissible, what
01:47is not, what is the standard, everybody being on the same page so that schools like schools
01:53you mentioned in our school can sit down and say, okay, this is the standard across the
01:57board and this is what we can kind of build and strategize for how we can compete in this
02:02new age.
02:03But I think with the gray areas that are implemented right now, it's very hard to start that strategic
02:08process.
02:10Thank you, Mr. Agbo and Mr. Beamer, I'd like to go to you.
02:13If you have a comment on that, I would ask for your comment on that same question, but
02:19I'd also like to follow up, I'm going to give you a two-part here and then let you run.
02:24Realizing that the objective of NIL is to recognize and reward some of the student athletes
02:31for their contributions, do you see unintended consequences, and if so, what bothers you
02:39the most about possible unintended consequences of what we're trying to do?
02:46Thank you for the question.
02:48I think NIL as it was initially implemented in 2021, the way it was meant to be, I think
02:57is very good.
02:58I think in a lot of ways what name, image, and likeness has turned into in so many situations
03:03is pay for play, and that's very much because of the fact that it's not as regulated in
03:11my mind as it should be.
03:14There's an issue of agents in the NIL world, that's another issue in regards to how it's
03:22regulated and is everything only up and up.
03:26That's an unintended consequence that I think has come certainly from NIL, without a doubt.
03:33Thank you for that.
03:34I'd like to go to Mr. Whitman, I've just got a little over a minute left, but I'd like
03:38to talk with you and get your feedback on federal preemptive standards.
03:44I've heard from the Idaho schools the concerns over enforcement burdens when it comes to
03:50the patchwork of some of the state and DC NIL laws and the need for federal preemption.
03:57Without a federal preemptive standards, I could see a situation arising where state
04:01law conflicts with the terms of the settlement, which is still pending approval, but how would
04:06an institution have to adjust its strategy if this was the case?
04:11Thank you for the question.
04:16I think you're thinking about it exactly right.
04:18There is that possibility where states will pass legislation that conflicts with the terms
04:24of the settlement in an effort to create competitive advantage.
04:27Again, that's what we've started to see with more frequency across the country is a race
04:32for states to find ways to give their hometown schools an edge.
04:37We've seen that in states like Missouri and Arkansas, where they now allow NIL payments
04:42to high school athletes who have signed letters of intent to compete at in-state institutions.
04:47We've seen it at states where they have offered state tax breaks for student-athlete NIL income.
04:55We've seen it in certain states where they've provided caps on how much money agents can
05:00make from student-athletes, which then disincentivizes the best agents from working in those states.
05:06Ultimately, what we are here to discuss is the role that Congress can play in trying
05:12to create that level playing field and avoid putting schools in situations where they have
05:18to choose between complying with a federal court order and ultimately with a state law.
05:25We understand that in this environment that conflict can arise and ultimately only one
05:31body has the power and the authority to solve that for us and that's Congress.
05:36Thank you, Mr. Chairman.
05:37I do have some follow-up questions.
05:39I'll do that in writing.
05:40Thank you for the time.
05:41I yield back.
05:42Thank you so much.
05:43Appreciate it.
05:44Very good.

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