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ational Collegiate Athletic Association NCAA seeks to stay Oklahoma City ruling U.S. District Court Judge Juan C. lit interest in other Federal and state returns and exposure for the majority Burciaga, who last week ruled that the CFA claims vindication courts and in other forums. Thcrc is of NCAA football-playing members.” 1982-85 NCAA Football Television The executive director of the Coil rights. No. 2, the university should be precedence, surely, in the packaging In his opinion, Burciaga held that Plan violated the Sherman Antitrust lege Football Association claims that able to sell or assign those rights. No. of pro-sports-league television. NCAA football television control Act, has denied a motion to stay his the CFA was vindicated by Federal 3, the NCAA should not be allowed to “If Judge Burciaga’s sweeping “constitutes an horizontal agreement ruling. Judge Juan C. Burciaga’s ruling require an institution to give up those opinion and order are permitted to . to fix prices and restrict output The motion and a notice of appeal against the NCAA Wednesday. rights as an obligation to member- stand, an important freedom of volun . constitutes a group boycott” and were filed Friday in an Oklahoma City “To a large degree, the judge fully ship.” tary collective bargaining will have that the NCAA “cxcrcises monopoly Federal court. The NCAA had asked vindicated what the CFA attempted to “Obviously, the NCAA position is become a mockery. College football power over college football televii the plaintiffs in the suit-the Univcr- do,” Charles M. Neinas told the Asso- going to be, ‘Oh, my God, chaos,’ ” may become affordable for only a rela- sion.” sity of Georgia Athletic Association ciated Press. “What the judge has Neinas stated. “But the fact of the matt tive few, and the lint of demarcation “The result of the NCAA’s program and the University of Oklahoma-to said, we’ve said from the beginning: ter is, there is a certain order in life, and between those few and professional of controls is quite obvious. Rather join it in asking for a stay, but the The university owns its property I’m sure this thing will shake down.” football will become blurred totally. A than letting the market operate freely, schools strongly opposed the request. great American sport may become an the NCAA has seriously restricted Attorneys for the Association today Football Television Committee, had and universities have wanted it that endangered species. free-market forces in the economics of asked the 10th Circuit Court of the following comments in response to way, for the benefit of the whole and a “The NCAA membership is on the college football television,” the judge Appeals in Denver to rule on the stay. Burciaga’s decision: premier collegiate sport. brink of the most equitable, profitable wrote A circuittcourt decision on the motion “NCAA football television controls “This control and pooling of bar- and beneficial TV plan yet approved Burciaga cited regular-season col- for a stay is expected during the week. have existed for 30 years because the gaining rights have been found reason- and negotiated. It will be a shame if it lege basketball, which is not regulated Wiles Hallock, chair of the NCAA vast majority of our member colleges able and certainly no threat to the pub- is replaced by anarchy and diminished by an NCAA television plan, as an example of a free-market approach. The decision was filed September Decisionthat 15 in an Oklahoma City Federal court. Burciaga, from Albuquerque, New Membership at all-time high Mexico, was brought in to hear the limits Title IX case after local judges excused them- NCAA membership is at an all- selves. time high of 959, and the 5.9 per- Membership Growth, 1949-81 The suit originally was filed a year will stand cent gain in overall membership @ pet. of ago by Georgia and Oklahoma at the since last year is the highest per- The Federal government will not Year d Active Allied Associate Atliliated Total Increase request of the College Football Associ- appeal a decision by a Federal district centage increase in 25 years. 1949 278 3 28 8 317 ation, as a class-action suit on behalf As of September 1, there were court that places strict limitations on 1950 362 II 5 9 387 22.1 of the 61 CFA members, challenging the Department of Education’s power 959 members, compared to 906 last 1955 449 24 5 II 489 2.5 the NCAA on the question of property to enforce Title IX, according to a year. The 5.9 percent increase 1960 524 32 IO I6 582 2.6 rights in televising college football. statement by William Bradford Rey- equals the percentage gain from 1965 579 41 I8 21 659 2.2 Another property-rights suit brought 1956 to 1957. Only three higher nolds, assistant attorney general for 1970 645 44 32 26 747 3.6 by the University of Texas, Austin, civil rights. percentage increases have been 1975 704 57 24 39 824 2.2 ended last month in a Texas district The July 8 decision by the U.S. Dis- recorded since the NCAA began its 1980 738 73 24 45 880 court with a decision favorable to the trict Court for the Eastern District of present system of maintaining 1981C 753 82 25 46 906 l.5” NCAA. Virginia upheld the University of membership records in 1949. 1982* 787 95 27 50 959 59 The overall 1982 increase of 53 After filing, however, Georgia and Richmond’s position that its athletic Oklahoma redirected their case to one program is not subject to Title IX members, however, is surpassed *I981 and 1982 totals are as of September I; all other tolals arc as of December 3 I only by the 70 members that joined based solely on antitrust charges. One because it does not receive direct Fcd- week before the trial, CFA members era] financial assistance. the Association between 1949 and As was the case last year, the with an average annual increase of 1950. The percentage gain that allied membership category had the - approximately 2.5 percent. The voted to finance the trial strictly on a Reynolds said that the Department voluntary basis. of Education had recommended year was 22. I, an all-time high. largest percentage increase at 15.9 largest increases in the past 25 against an appeal and that the Depart- Among the 53 new members are percent. As of September I, 95 years, before this year’s 5.9 per- Attorneys for the plaintiffs chal& ment of Justice, after its own review of 29 active institutions. The addition organizations held allied member- centjump, were 3.3 in 1959.3.5 in lenged the NCAA football television the case, agreed. Reynolds stated that of 16 all-women colleges boosted ship, compared to 82 last year. 1964,3.8 in 1967,3.6 in 1970 and plan, which encompasses two-net- U.S. District Judge D. Dortch War- the active membership this year, Associate membership increased 3.9 in 1974. work coverage by ABC and CBS, and riner’s decision was in line with the which is also at an all-time high of from 25 to 27, and affiliated mem- A list of new NCAA members a two-year supplementary cable televi- U.S. Supreme Court’s recent ruling 787 institutions. Active member- bership increased from 46 to 50. will be printed in the September 27 sion series with Turner Broadcasting involving the North Haven, Connecti- ship increased 4.5 percent this NCAA membership has main issue of The NCAA News in the System, Inc. The plan, according to ‘cut, Board of Education, and that it year. tained a steady growth since 1958, NCAA Record section. the plaintiffs, violated the Sherman was “sound as a matter of law.” Antitrust Act by exercising a monop- In its decision in the North Haven oly in a “relevarit market,” fixing case, the Supreme Court held that Title prices to be paid for games and limit- ing the number of appearances a IX is program specific-it applies only 54 CEOs acceptmeeting invitations school can make. to education programs receiving Fed- eral funding. A total of 54 institutional chief Division I ding, University of Washington. Witnesses and attorneys for the However, the Supreme Court did executive officers had accepted invita- Thomas G. Carpenter, Memphis A. Bartlett Giamatti, Yale Univer- NCAA argued that the controls were not rule on what constitutes a “pro- tions as of Friday to attend the third State University; Ralph E. Christoffet- sity; Very Rev. L. Edward Glynn, St. necessary to protect attendance, equi- gram” or “receipt” of federal aid, so annual NCAA-sponsored CEO meet- sen, Colorado State University; John Peter’s College; Norman Hackerman, tably distribute television revenues its decision did not resolve the ques- ing September 27-28 at the Hyatt J. Coffelt, Youngstown State Univer- Rice University; S. Richardson Hill among the membership and prevent tion whether an athletic program must Regency Hotel in Kansas City, Mis- sity; John A. DiBiaggio, University Jr., University of Alabama, Birming- the devclopmcnt of a football televii receive direct Federal assistance in souri of Connecticut; Jack V. Doland, ham; Stephen Horn, California State sion “aristocracy.” NCAA lawyers order to be subject to Title IX. That number could increase to McNeese State University; Glen R. University, Long Beach; Joseph B. stressed the flexibility of the plan, Last week, the Third U.S. Circuit approximately 60 if responses are Dtiscoll, University of Toledo; Jesse Johnson, Grambling State University; which allows schools to negotiate Court of Appeals ruled that an athletic received to outstanding invitations in C.