Ed Desser

1. Education/Experience.

I am the Founder and President of Desser Sports Media, Inc. (“DSM”) and Desser Media, Inc. (“DMI”),

a California-based consultancy serving the strategic media business needs of the sports television

industry. I have a Bachelor of Arts (BA) in Economics from the University of California at Los Angeles

and a Master of Business Administration (MBA) degree in Marketing from the University of Southern

California. I have more than 48 years of continuous experience and notable achievements working

in the sports media industry, performing media rights valuations, negotiating major media deals in

the local, national and international TV marketplaces, and serving a diverse group of sports and

media ownership and senior management clients as a strategic planner, management advisor, and

expert witness.

2. Vocational History – National Basketball Association. (1982-2005)

For 23 years, I served as the senior media executive in the Commissioner’s O􀆯ice of the National

Basketball Association, ultimately serving as President of NBA Television and New Media Ventures,

L.L.C., and Executive Vice President, Strategic Planning and Business Development, where I was the

chief negotiator for all NBA and WNBA national media agreements, including those with CBS Sports,

NBC Sports, ABC Sports, ESPN, Turner Sports (TBS and TNT), CTV, TSN, Sportsnet and The Score

(Canada),USA Network, Fox, Comcast, and una􀆯iliated Regional Sports Networks (“RSNs”), as well

as AOL, Yahoo, DIRECTV, DISH Network, Cox Communications, Time Warner Cable, Cablevision, In

Demand, Intel, and Sirius Satellite Radio. I served on the NBA Board of Governors Planning

Committee. I also invented and spearheaded the launch of NBA TV and NBA TV Canada, the first

league-owned national cable sports network, personally handling the strategic planning and a􀆯iliate

distribution agreement negotiations. In addition, I designed and launched nba.com; created the

concept for and launched the first of its kind NBA League Pass outer-market games subscription

package and negotiated all related carriage agreements with MVPDs; established and managed the

league’s broadcast regulatory framework and assisted many NBA teams in connection with the

negotiation of their respective local and regional media rights agreements. I also served as NBA

Director of Broadcasting/Executive Producer, handling administration and fulfillment of league

media agreements; launched the NBA’s international business as the first VP/International

Television, growing the NBA’s media footprint to nearly 200 countries; and operated the media

production and licensing arm of the league as VP/General Manager of NBA Entertainment, Inc.

3. Vocational History – Local Media & Sports Management. (1973-1982)

In the decade prior to joining the NBA, I was the Director of Broadcasting/Executive Producer for the

Los Angeles Lakers, Los Angeles Kings, and The Forum, where I did development work which led to

the creation of the Prime Ticket RSN in Southern California, the area’s first RSN. I started my career

in local broadcasting, serving in functions which included production, programming, promotion, onair

talent, live remote, news, engineering, business operations, and live sports broadcasts. In

connection with those duties, I produced Monday Night Football and NASCAR race broadcasts, and

was the Executive Producer for the Los Angeles Lakers Radio Network.

4. Desser Media Inc./Desser Sports Media, Inc. (2005-present)

In 2005, I founded Desser Sports Media, Inc., and in 2018 added Desser Media, Inc., which today

specializes in strategic media planning, performing rights valuations and creating business plans for

networks, streaming services and RSNs, conducting regional, national and international media rights

negotiations, mergers & acquisitions support, providing expert litigation support, and generally

assisting professional sports teams, leagues, college conferences, programmers and distributors in

strategic planning and business development towards maximizing the value of their media rights.

Combined, we have advised on well over $60 billion in sports and media transactions to date,

averaging 108 percent deal-over-deal increases for our clients.

5. Regional Sports Media Rights.

I have personally negotiated more than 50 regional sports media rights deals. DSM/DMI has advised

a substantial number of professional sports teams with respect to their media rights, including (i)

negotiating or advising with respect to regional media agreements for the Detroit Pistons, Phoenix

Suns, Miami Heat, Dallas Mavericks, San Antonio Spurs(twice), Oklahoma City Thunder, Minnesota

Timberwolves (twice), Los Angeles Clippers (twice), Los Angeles Kings, Los Angeles Galaxy, Chivas

USA, Seattle Sounders, Tampa Bay Lightning, Atlanta Hawks and Thrashers, San Jose Sharks, Calgary

Flames, Winnipeg Jets (twice), Edmonton Oilers and Milwaukee Bucks franchises with Fox, Rogers,

Bell and Comcast-owned RSNs in those teams’ respective markets and (ii) advising the Houston

Astros, Houston Rockets, Sacramento Kings, and Portland Trail Blazers with respect to deals to

launch new Comcast/NBC RSNs featuring those professional sports teams, and (iii) working with

MLB clubs such as the Washington Nationals, Atlanta Braves and a media-related analysis of local

media (see www.desser.tv for additional company accomplishments and background) rights for the

O􀆯ice of the Commissioner of Major League Baseball. I have also worked with the Tribune Company

in connection with strategic planning with respect to future sports media opportunities, as well as

preparing a media valuation and rebuttal report relating to the Chicago Cubs local and national

media rights, and well as Rogers Communications with respect to the Toronto Blue Jays rights.

6. National and Regional Sports Networks (RSNs).

Throughout my career, I have developed a detailed understanding of the television, television

network and RSN businesses in the U.S. and Canada. This includes a thorough understanding of the

key revenue and expense drivers, customary practices and business terms, programming elements,

event, studio and remote production, critical keys to success, and ad sales. I am generally familiar

with each operational national sports network and RSNs, and with the history of the sports network

and sports programming industry. I am also generally familiar with each of the major US MVPD’s,

vMVPDs, and BDUs in Canada, which a􀆯iliate with these networks and RSNs, as well as a wide variety

of other networks and SVOD services which program major sports. Due to the overshadowing impact

of affiliate distribution and revenues to all networks, I am particularly familiar with the details of the

affiliation agreements between them and MVPDs and BDUs.

7. Testimony/Conflict Resolution.

Other examples of my work include expert and fact witness services in many dozens of arbitrations,

litigations, and mediations in support of: (i) the New Jersey Nets vs. the YES Network, (ii) the Portland

Trail Blazers, (iii) a major MVPD and major regional sports programming networks, (iv) the Miami Heat

vs. Clear Channel Communications, (v) O’Bannon et. al. vs. NCAA, (vi) Jenkins et. al. vs. NCAA, Pac

12, Big Ten, Big 12, ACC and SEC Conferences, and in the House litigation against the same

defendants, (vii) CRTC arbitrations on behalf of Canadian BDU TELUS and one between Videotron

and a major Canadian programmer, (viii) in two LA Dodgers-related cases (see below), (ix) was an

expert in an arbitration between NBC Universal and a major U.S. MVPD, (x) served as an expert in a

programming rights matter between a Power 5 college conference and a major international

entertainment company, and (xi) was retained as an expert by World Wrestling Entertainment and

(xii) NASCAR in securities-related litigations, (xiii) by Altitude in an antitrust case against Comcast,

(xiv) by FINA in an antitrust case brought by ISL, (xv) on behalf of the Walt Disney Company and ESPN

in connection with a programming rights dispute, (xvi) in Diamond Sports v. Sinclair Broadcasting,

(xvii) in a litigation between the PGA Tour and LIV Golf, and (xviii) in an arbitration between an MLS

team and a major communications and media company. I served as an expert witness in hearings

involving an NBA team, JP Morgan, and the NBA in relation to a revenue sharing dispute. I also

testified in U.S. federal court in (i) Chicago Bulls and WGN/Tribune Broadcasting vs. NBA, (ii) and in

NBA vs. Motorola and Stats Inc., and in the O’Bannon case referenced above. I served as an expert

witness in (iii) Copyright hearings at the Library of Congress on behalf of the Joint Sports Claimants,

which includes the NFL, MLB, NBA, NHL, WNBA, and the NCAA, and (iv) testified in Fubo vs. The Walt

Disney Company, Warner Bros. Discovery, and Fox, and have (v) served as a witness in hearings

before the Canadian Copyright Board.

8. Mergers & Acquisitions.

I have also served a number of clients in connection with media property valuations and potential

sports/media property acquisitions. These included (i) the CFL’s potential acquisition of a Canadian

sports TV network; (ii) the Washington Nationals valuation of its ownership interest in the MASN

Network; (iii) the actual or potential purchases of the Houston Astros, Sacramento Kings, Chicago

Cubs, Dallas Stars, and L.A. Dodgers (see below). I also worked with (iv) Maple Leaf Sports +

Entertainment in connection with its acquisition by a JV between Bell Media and Rogers and have

served (v) a major league professional ownership group estimating media rights revenues for a

potential expansion franchise and provided media market consulting services for the existing MLB

target franchise.

9. Distribution.

I participated in negotiations for programming rights and cable network distribution deals with major

cable, telecommunications and satellite operators including Comcast, Time Warner Cable, Cox,

Charter (Spectrum), Verizon, AT&T, DIRECTV, DISH, Bell, Rogers, Shaw, and Cablevision. In addition,

I have provided sports media consulting services to MVPDs including DIRECTV, Time Warner Cable,

Rogers Communications, TELUS, and Videotron.

10. International.

As the founder of NBA’s highly successful international TV business, I am knowledgeable about the

inner workings of media rights agreements outside of North America as well. I have negotiated

international distribution agreements on behalf of a number of my U.S. and Canadian clients and

advised world broadcasters in connection with the FIBA World Championships. I have also

performed a strategic media analysis on behalf the Los Angeles Olympic Organizing Committee

(“LA28”), the United States Olympic and Paralympics Committee (“USOPC”), and the International

Olympic Committee (“IOC”), and performed a follow up assignment to assist the USOPC. I also

advised EuroLeague Basketball on international media rights exploitation.

11. Los Angeles Lakers/Time Warner Cable.

I led the NBA’s Los Angeles Lakers in connection with then the largest regional sports media rights

deal in TV history, and the country’s most significant RSN transaction in nearly a decade. In

connection with that transaction, DSM created a business plan for a two new Southern California

RSNs (one in English and another in Spanish), performed team rights valuations, executed market

research related to the attractiveness of various teams in the market to subscribers of major cable

and satellite operators, and negotiated or discussed potential business relationships with Fox, Time

Warner Cable, AT&T, Verizon, DIRECTV, Root Sports (Liberty Communications, and now AT&T Sports

Networks), CBS, and other potential team rights purchasers/backers including investment bankers

and private equity funds. DSM also provided the Lakers with negotiation assistance on Spanish and

English flagship radio, and radio network distribution agreements.

12. Los Angeles Dodgers.

I participated in several ways with respect to the media rights of the L.A. Dodgers. I was(i) an expert

witness for Major League Baseball in the first stage of the team’s bankruptcy proceedings. Later, (ii) I

was an expert witness for Fox Sports in connection with the second phase of the bankruptcy case,

where I testified. I then (iii) represented Joe Torre and Rick Caruso in connection with a bid to

purchase the team. Later, (iv) I wrote an article valuing the Dodgers media rights for the Hollywood

Reporter (estimating a result very close to the amount ultimately negotiated), and finally (v)

represented Time Warner Cable in connection with its record-breaking Dodgers media rights

acquisition in 2013.

13. Other Major Engagements and Clients.

I have also negotiated on behalf of, advised, or performed analysis for the National Football League

(“NFL”), California Interscholastic Federation (“CIF”), the PGA Tour, Major League Soccer (“MLS”),

the Professional Rodeo Cowboys Association (“PRCA,” twice), The Jockey Club, the NFL Network, the

Western Collegiate Hockey Association(“WCHA”), the National Hot Rod Association (“NHRA,”

twice), where I also currently serve on the organization’s Board of Directors, The American Athletic

Conference(“AAC”), and the Canadian Football League (“CFL,” thrice) multiple times for both

Canadian and U.S. media rights agreements. I have also worked on a variety of projects for or with

Staples Center/Crypto.com Arena and professional sports team owner and developer Anschutz

Entertainment Group (“AEG”), Kilmer Van Nostrand, Co., Ltd., McKinsey & Co., Goldman Sachs,

Maple Leaf Sports + Entertainment (Toronto Maple Leafs, Raptors, TFC, Leafs TV, NBA TV Canada,

GOL TV Canada), the National Basketball Association (“NBA”), the New York Knicks and MSG

Network, the U.S. Pro Cycling Challenge, the Professional Bowlers Association (“PBA”) and the

Ultimate Fighting Championships (“UFC”). I also provided guidance to multiple parties in connection

with the assessment and valuation of the Fox RSN’s, which were ultimately sold by Disney to Sinclair.

14. Digital Sports Media.

In addition to my early digital media work at the NBA establishing the league’s digital business

operations by developing a live statistics distribution network and launchingnba.com and League

Pass, I have been deeply involved in the development of digital media projects. Some of the projects

include work for Qualcomm, Google, and YouTube, as well as many of the media rightsholders we

have served, as set forth above. We have also developed business plans and worked to implement

the launch of new digital video services for multiple major league franchises, and performed work

related to sports betting for Ceasars Entertainment.

15. NCAA.

In March of 2021, after Oregon basketball star Sedona Prince posted a TikTok illustrating the dramatic

di􀆯erence between the weight room facilities a􀆯orded the Women’s vs. Men’s Basketball

Championship participants, the NCAA commissioned Kaplan Hecker to perform a wide-ranging

gender equity study. Desser Sports Media was selected to analyze the situation from a media

perspective. In August 2021, we published our analysis which concluded that the Women’s

Basketball Championship rights were substantially undervalued (worth between $81-112

million/year vs. the present package of 29 NCAA Championships sold for a total of $34 million/year.);

and that the design of sponsorship sales rights and the media rights were misaligned such that

Women’s Basketball sponsorship rights had just a 1/10 of 1 percent allocation compared with the

Men’s rights. Our recommendations led to many changes including expanding the tournament,

moving the finals into prime time, and using the March Madness moniker for Women’s Basketball.

The 2024 renegotiation of the NCAA’s “Other Championships” media rights package including the

Women’s Basketball Tournament achieved an average annual rights fee of $115 million.

16. Publishing and Public Speaking.

I have been quoted in thousands of news articles, in scholarly works, and TV interviews throughout

my career. I have written 70+ articles for publications such as the SportsBusiness Journal, the leading

sports business publication in North America, and Sportico. I have spoken at multiple industry

conferences, and I have guest-lectured at USC, USF, UCF, NYU, Columbia, UCLA, Cal Tech and

Fordham University Business and graduate schools.