Dale Nicholson, general manager of KATV-TV, Channel 7, said Monday he wants to meet this week with University of Arkansas Athletic Director Frank Broyles to come to terms on a new play-by-play announcer for Razorbacks football, despite an apparent impasse between the two parties and vague contract wording about who gets final say.
Nicholson, whose back-and-forth with Broyles on the matter is detailed in letters and documents available here (PDF) and here (PDF), said the two have made little progress recently because Nicholson and his wife were dealing with health issues.
“I’m trying to schedule a meeting with Coach Broyles this week to get this resolved,” Nicholson told Arkansasbusiness.com. “I don’t want this to get nasty or to end up going to court. We’ve enjoyed a good relationship with the university and the program and, obviously, the best thing that could happen is that we can come to an agreement that is the best for both parties.”
But both men appear steadfast in their respective choices to fill the play-by-play seat left empty last summer by the death of broadcaster Paul Eells. Broyles wants Razorbacks baseball play-by-play man and sports radio show host Chuck Barrett for the job. Nicholson wants KATV weekday evening news anchor Scott Inman.
Complicating the issue: the sports programming license agreement (PDF) between the UA and KATV Television Inc., which at least one legal expert considers vague.
The seven-page contract, obtained by Arkansas Business through a Freedom of Information Act request, says: “Broadcaster shall select, subject to the approval of University (which approval shall not be unreasonably withheld), the play-by-play commentators and color analysts for broadcasts of the games.”
One central Arkansas contract lawyer, who commented only if his name would be withheld, said the contract is left open and “neither side at first glance have the clear-cut final say.”
That means that if both sides don’t reach an agreement, a judge could ultimately decide the next voice of the Arkansas Razorbacks.
“We don’t want that to happen,” Nicholson said on Monday. “I suppose that would ultimately be how this ends if we can’t agree, but I’m optimistic that we can come to an agreement beneficial to both sides and continue the great, longstanding relationship we’ve shared.”
Broyles, too, enjoys the relationship between the UA and KATV but says in the documents that a decision won’t come at the expense of the football program. And the athletic director maintains that the UA holds the ultimate decision.
“The University of Arkansas appreciates the long time, mutually beneficial relationship we have enjoyed with KATV, but we must make the best decision for our football program,” Broyles wrote in a letter May 31. “While KATV is the current operator of the network, ultimately it is the University’s network, which is why we hold the final approval of any talent.”
As of Monday morning, Nicholson said a meeting with Broyles had not yet been scheduled. But he hoped to have an announcement by the end of the week.
The Letters
In a letter from Nicholson to Broyles on May 10, also obtained through an FOIA request, the KATV general manager began the debate by citing the short clause and reiterating in writing that the “final decision of any broadcaster is the responsibility of KATV.”
“Coach, while we are hopeful we can reach an accord on this announcement, KATV feels strongly that having a play-by-play announcer who is also connected with KATV is vitally important,” Nicholson wrote. “Please know we strongly value our long-standing partnership, and I would not recommend Scott if I did not feel he is far and away the best choice.”
The initial exchange prompted a May 22 phone conversation, but Broyles and Nicholson still failed to reach consensus.
“I enjoyed visiting with you Tuesday …,” Nicholson wrote on May 25. “I am, however, sorry we don’t see eye-to-eye on the play-by-play announcer for the University of Arkansas football radio broadcasts, and frankly, was quite surprised since you expressed no objection when we presented the idea of Scott Inman filling this role more than six months ago to you in your office and you have articulated none until your letter of May 3 in which you stated your choice is Chuck Barrett.”
A week later, in a letter to Nicholson dated May 31, Broyles wrote that he does not view Nicholson’s choice of Inman as being in the best interest of the UA or the Razorbacks football program.
“I am very disappointed and surprised that KATV would now assert, for the first time, that it has the ‘right’ to select and to publicize a new play-by-play announcer in disregard of the University’s right of approval and its best interests,” Broyles wrote. “In light of the University’s previous disapproval of Mr. Inman for this position, I believe that KATV’s unilateral selection and announcement of Mr. Inman would be a breach of contract and a breach of the fiduciary duties owed to the University under the license agreement.”
The Candidates
Broyles contends that Barrett should be Eells’ replacement largely because he has more statewide appeal to Razorbacks fans, thanks to his work broadcasting Arkansas baseball games and his duties as a host on the Arkansas Radio Network.
Inman is the weekday evening news anchor at KATV, and he has provided play-by-play for a half-dozen Razorbacks basketball games to “provide an opportunity to give thoughtful consideration for naming him to the position,” according to Broyles.
Nicholson says that Inman, a Stuttgart native who came to KATV in 1999 as a weekend sports anchor, has extensive radio play-by-play experience and has been a part of the Arkansas Razorback Sports Network radio football broadcasts since his arrival at KATV.
But Broyles disagrees.
“I acknowledge your belief that ‘Razorback fans loved’ Mr. Inman, but I have not seen any objective data or reports which support your view,” Broyles wrote. “The University certainly considered Mr. Inman’s performance in broadcasting those games, but that is not the sole reason for granting or withholding approval of Mr. Inman as the play-by-play announcer.”
Broadcaster Mike Nail has filled the play-by-play role temporarily, but the UA and KATV want a permanent replacement ready for the 2007-08 football season, which begins with a home game Sept. 1 against Troy University of Troy, Ala.
The Conflicts
According to the contract, the University of Arkansas must have a “reasonable” conflict not to agree to KATV’s terms.
According to Broyles, the UA has several. He cites conflicts between the UA and Inman during his “try-out period” of six basketball games last season.
“During these basketball broadcasts, Mr. Inman was restricted from reading on-air sponsor messages,” Broyles wrote. “According to ARSN representatives this restriction was necessary due to KATV’s policy prohibiting its news anchors from performing implied endorsements of advertisers. Mr. Inman’s responsibilities as KATV’s news anchor, therefore, conflicted with the best interests of the University’s network and its advertisers to maximize revenues. Similar conflict-of-interest issues might arise in the future if Mr. Inman were to serve as play-by-play announcer.”
On Monday, Nicholson said those details could be worked out if Broyles agrees to ink Inman.
“I think the major difference between Paul Eells and Scott Inman is that Paul was a known sportscaster and Scott is known more [as] a news man,” Nicholson said on Monday. “I don’t see that as a conflict that would cause any of those details to be worked out.”
Broyles also noted that the Arkansas Razorback Sport Network’s northwest Arkansas station, NBC affiliate KNWA-TV, says it will not air the weekly coach’s show if Inman, the news anchor of Little Rock’s ABC affiliate, is selected. The football play-by-play announcer has traditionally been the host of the football coach’s television show.
“Since the broadcast options for the ‘Houston Nutt Show’ in northwest Arkansas are limited, the University would experience a financial hardship,” Broyles wrote. “Further, the University believes that the Razorback program is best served by having the same voice serve as the play-by-play announcer and the television host for the coach’s show as has been the case for many years.”
More:
Click here (PDF) for sports licensing agreement between KATV and the University of Arkansas. Click here to see correspondence between Dale Nicholson and Frank Broyles.
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