NCAA President Mark Emmerrt responded to the letter that the Department of Justice sent regarding why the BCS exists and why the NCAA does not have any control over the post season of FBS football. The short answer: Ask the BCS, but here is a snippet of the long answer:
... Inasmuch as the BCS system does not fall under the purview of the NCAA, it is not appropriate for me to provide views on the system. With regard to the Association's plans for an NCAA [Football Bowl Subdivision] football championship, there are no plans absent direction from our membership to do so.
[...]
The selection criteria and bowl match-ups [for the BCS] are managed by the 11 conferences. Other than licensing the postseason FBS bowls, the NCAA has no role to play in the BCS or BCS system. As a result, your request for view on how the BCS system serves "the interest of fans, colleges, universities, and players" is better directed to the BCS itself.The NCAA conducts 89 championships in 23 sports annually, and each of those championships has been created at the request of the Association's membership. At no time in the history of the FBS or its predecessor, Division I-A, has a formal proposal come before the membership to establish a postseason football championship in that subdivision. Instead, the FBS has elected to conduct its postseason competition outside the NCAA structure. Without membership impetus for a postseason playoff, the NCAA has no mandate to create and conduct an FBS football championship.
So, yeah. That is the long winded answer of wrong number.
We will see how much success the DOJ will have speaking to Bill Hancock and the other 11 FBS conferences. We know the Mountain West commissioner Craig Thompson will speak out as will the other five non-BCS leagues, but the real change needs to come from the BCS leagues.
We now wait to see if the DOJ feels this is worth following up on, and if they do follow up I wish them luck in trying to get answers because there are lot of other items on their agenda that are worth going after.