The Orioles, the majority controllers of the Mid-Atlantic Sports Network, have asked an appeals court to send the dispute to an outside arbitration panel because they still believe MLB’s arbitration process is tainted. The Nationals have, in turn, asked the court to send the the dispute back to an MLB panel again because the judge tossed out the previous decision mainly because of conflicts of interest, which the Nationals stated in court records has been corrected.

In support of their appeal, Nationals principal owner Ed Cohen, team ownership’s point person on the MASN dispute, filed a sworn affidavit that claimed the baseball team’s operations are “significantly” impaired by the lower TV rights and it could get worse with more legal delays. The Nationals earn about $40 million in TV rights fees from MASN per year, nearly $20 million less than the amount awarded by the MLB panel in June 2014.

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“While the Nationals have a strong business, with access to revolving credit lines, and maintain adequate cash reserves, the Nationals nevertheless have various cash flow needs necessitated by payroll and other ongoing expenses,” Cohen said in his affidavit filed late last week. “MASN’s underpayment of rights fees has already required the Nationals to fund payroll and other expenses from its own reserves, and further delay could require the Nationals to seek further financing. This is not only burdensome in its own right, but it places the Nationals at a competitive disadvantage to other baseball clubs, which typically receive fair market value from their regional sports networks for their telecast rights. Without this added income, the Nationals are handicapped in their ability to invest in efforts to improve the team.

“For instance, without this added and steady income, the Nationals cannot bring full economic confidence to investments in multi-year player contracts to keep up with the fierce competition for top players — especially when such control over finances is in the hands of a neighboring club. Delay also hamstrings the Nationals’ ability to invest in stadium and related improvements which would generate additional income and help keep the Nationals competitive. In other words, MASN’s refusal to pay the fair market value fees required under the contract forces the Nationals either to have to borrow more money to fund cash flow needs (which comes with its own costs) or to limit or forego the sorts of investments the Nationals should be making to build the club’s business for the future.”

No supporting documents were provided to show specific examples of how the Nationals were affected in their pursuit of top players or stadium-related improvements. The Nationals are led by billionaire Ted Lerner, one of the richest owners in baseball.

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Since this TV rights fee renegotiation period with MASN began in 2012, the Nationals have jumped from 20th in payroll ($95 million) to 11th to eighth and then fifth last season with a team-record $165 million payroll. The Nationals’ 2016 payroll is at $142 million, eighth in baseball.

Cohen adds that he thinks the Orioles are refusing to participate in a new MLB arbitration panel because they want to gain leverage in an effort to secure “a negotiated resolution that would leave the Nationals worse off” than under the current TV contract.