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Volume 23, Issue 107, Jim Carnegie, Editor & Publisher
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Thursday Morning June 1st, 2006
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TV News ®
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 FCC upholds CBS Super Bowl fine
Saying that the half time show staged at Super Bowl XXXVIII by CBS was indeed indecent, the FCC has denied the group's plea for rescission of the 550K fine it was charged for the Janet Jackson wardrobe malfunction. Wrote the FCC, "The Order rejects CBS' claim that the halftime show was not indecent. The Commission affirms its finding that CBS' violation was willful and declines to reduce the forfeiture imposed upon CBS. Finally, the Commission rejects CBS' argument that the FCC's indecency framework is unconstitutionally vague and overbroad, both on its face and as applied to the halftime show." Chairman Kevin Martin was joined by Debi Tate and Michael Copps in upholding the action. Jonathan Adelstein dissented in part, saying he wished the Commission had provided more clarity in defining indecency beforehand, and for not going far enough. "I dissent in part because I continue to believe the Commission has erred in fining only CBS owned and operated stations, not all stations that broadcasted the indecent material," he wrote in a separate statement. The full order can be read at fcc.gov.
TVBR observation: The lines are drawn. Will CBS pay up or try to book a judge and courtroom? Stay tuned. By the way anyone remember who played in Super Bowl XXXVIII?
Granite to bond holders: Never fear
Today is the day that 19.7 million in interest is due to be paid on the 9.75% senior secured notes, due 2010, of Granite Communications. Bondholders won't be paid today, but Granite is telling them to rest easy, the check is in the mail - or at least, it will be soon. The company says it is confident that it will be able to make the payment within the 30-day grace period of the notes. Granite recently announced a deal to sell its two big market stations in Detroit and San Francisco for 150 million (5/3/06 TVBR #87) and expects it to close by June 30th. Some of those proceeds will be used to pay the bond interest.
 Ion sees healthy business ahead
Ion Media Networks is banking on healthcare as a new revenue stream. The former Paxson Communications has unveiled plans for "I-Health" (that name may yet change), a digital multicast network to initially debut in late 2006 on its nationwide group of O&O stations. What's being called a "full rollout," with additional distribution and content partners, is planned for next year. "Through extensive research, we confirmed that consumers want trusted healthcare information on television, but no channel today satisfies this important need," said Ion Media Networks CEO Brandon Burgess. There are no cable carriage agreements yet with MSOs, but Burgess told TVBR he's gotten positive indications and also sees good opportunities for VOD deals with the cable operators. The ad-supported channel will feature integrated sponsorships. What are his benchmarks for judging success? "We have to get this distributed. We have to be in the home and then we have to get a product that consumers tune in for. Ultimately that's how we measure success and that's what the sponsors are going to look for," he said. The initial program lineup will be drawn from sources that Ion calls "some of the leading providers of credible and informative healthcare content" - including the Information Television Network (ITV), which produces such shows as "Cutting Edge Medical Report," "Healthy Body, Healthy Mind," and "Growing Up Hispanic"; Aquarius Health Care Media, which boasts a library of programs covering a broad range of categories, including aging, caregiving, disease and healing, disabilities, end of life issues, children and teen issues, mental health, and women's health; and Breakthrough Entertainment, a leading producer of medical reality programming with signature series, "Patient Files" and "Little Miracles," focusing on the personal stories of real people facing chronic conditions.
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 Martin to change channels
on multicast?
It looks like FCC Chairman Kevin Martin will make multicast must-carry one of the first issues to tackle once he has a third Republican vote in place in the form of Robert McDowell. The Michael Powell FCC already called this broadcast v. cable bout in favor of cable, so the fact that it appears to be up for reconsideration can only be good news for broadcasters. According to reports, the matter could hit the FCC agenda by mid-July or earlier.
TVBR observation: If you side with cable, you believe that they are required by law to carry only the primary signal from a broadcast television station in the same media market. Broadcasters argue that cable is required to carry the entire broadcast stream within a station's allotted bandwidth, which in a digital world could be one high-definition stream or six or more split, or multicast streams. Cable doesn't want the multicast stations, if for no other reason, because they would offer more competition for its own channel offerings. Free marketeer Powell sided with cable on the initial FCC consideration, believing that mandating multicast carriage was an abridgement of cable First Amendment rights and would not stand up in court. Martin dissented at the time. The two Democrats, Michael Copps and Jonathan Adelstein, also voted against broadcasters back then, not because they disagreed with the multicast concept, but because they wanted public interest obligations tied in along with assurances that it wouldn't turn a given station into a network affiliate with five home-shopping side channels. The FCC has already grafted children's programming responsibilities onto multicast. We'd guess that if Martin pays some attention to their concerns, he could well get this through unanimously.
Two billion bucks snares Andrew Corp.
ADC Telecommunications announced a stock-swap deal worth two billion bucks to acquire broadcast and telecom equipment maker Andrew Corporation. The merger will make ADC a much bigger player in the broadcasting/cable world, where it currently is involved primarily in connectors and audio/video patching equipment, but the driver behind the deal is in telecommunications, where ADC is big in wired networks and Andrew in wireless equipment. In broadcasting, Andrew is a major maker of antennas, towers, transmitters and related equipment. "Together, we're better positioned to assist our customers worldwide and capture growth opportunities that result from the convergence of our customers' next-generation wireless, broadband, video, data and voice services. We are proud to join forces with Andrew's talented employees to achieve our shared mission of providing innovative wireline and wireless infrastructure solutions that improve our customers' business performance," said ADC President and CEO Robert Switz, who will retain those titles post-merger. Andrew CEO Ralph Faison will exit to become a consultant to the combined company. Under the proposed merger, shareholders of Andrew will receive 0.57% of an ADC share for each Andrew share that they own. That valued Andrew at 12.76 per share, a 30% premium to the closing price on Tuesday, prior to the deal announcement before the market opened yesterday.
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| Wall Street Media Business Report TM |
Shares trickling in to VNU
Following acceptance of a 9.7 billion bucks buyout by Valcon (5/22/06 TVBR #100) by just shy of 80% of VNU shareholders, more shares have been trickling in to the extended tender. VNU and Valcon, which is owned by a consortium of equity funds, reports that more than 90% of all VNU shares have now been tendered for the buyout. The current deadline for the extended tender is June 9th, after which VNU says its shares will be delisted. Those shares have been trading on the Amsterdam stock exchange in The Netherlands and on the pink sheets in the US.
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Ad Business Report TM
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 TNS: U.S. ad spend advanced 5.2% in Q1
Total advertising expenditures in the first three months of 2006 increased 5.2% to 34.9 billion as compared to the prior year period, according to TNS Media Intelligence. Internet display advertising led all media forms in percentage growth, rising 19.4% to 2.31 billion as leading blue chip advertisers continued to expand their online marketing programs. For the quarter, the Top 100 companies, as ranked by total measured ad expenditures, accounted for 34.7% of all Internet display spending.
| Read More... |
Initiative Worldwide adds Chief Strategic Officer
Alec Gerster, Initiative Worldwide CEO, announced Janet Fitzpatrick has joined the company as chief strategic officer. In this newly created role, she will be in charge of the global development of Initiative's strategic product and related areas such as Initiative's Futures research team. She will be based in New York and report to Gerster. Fitzpatrick is the latest addition to Initiative's worldwide management team, following the recent appointment of Richard Beaven to head Initiative's North American ops. Fitzpatrick will focus on the company's overall plan to package the best practices and standards for strategic development worldwide and to ensure that Initiative captures and leverages the network's resources, talent and techniques across countries, businesses and media types.
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| Media Business Report TM |
 What came out of Ingram?
Veteran Big Apple airman Dan Ingram let the big one slip during a live interview over News/Talk WABC-AM New York, which was in the midst of a Memorial Day retrospective of its top 40 days. It becomes a waiting game for the station, in the middle of an ownership transition from ABC/Disney to Citadel, to see if the error will pull any formal FCC complaints. Ingram was talking about a lawsuit (he was protecting his name, which apparently had been co-opted by a DJ in Florida), and when discussing a court setback, he let fly with the f-bomb. It must have been a particularly emotional courtroom setback for Ingram, because even though the program was on tape-delay, the f-bomb got through because it was short-spaced to an s-bomb that preceded it. The s-bomb was bleepable, but there wasn't time to recover and catch the f-bomb.
TVBR observation: What will be interesting is to see if a major email protest kicks off, complete with enthusiastically outraged complainants who live up to three thousand miles out of earshot of WABC. We listened to a playback posted on the Music Radio 77 website. Ingram immediately realized what he had done and seems appropriately embarrassed and surprised that he slipped up this badly (just as we feel when we give a piece of our mind to some of the less-talented drivers in our community before remembering that we have two small children in the back seat). However idiotic or unfortunate the utterance was, we would note that dogs did not howl for miles around, children did not walk out of school and take up smoking, and little old ladies did not suffer concussions from passing out where they stood. Would this qualify for a great big 325K FCC indecency hit? Would it? TVBR believes the answer is No because it was a slip and Ingram through out his entire career is from the school to entertain and not use such language on the air. Those in NYC who have listened to Ingram for decades know his clean on-air entertaining profile. The big word is not in his on-air vocabulary.
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| Media Markets & Money TM |
Fisher focusing on TV with small market radio sale
Rapidly-growing small market western radio group Cherry Creek has made a bold move to dramatically increase its size, getting the five-market, 24-stations Fisher Regional Group of radio stations. According to brokerage firm Kalil & Co., the pricetag is 33.3M dollars. It'll meld into a group which already counts 15 markets and 45 stations in its portfolio. Cherry Creek will be adding four Montana markets, including Great Falls MT, Billings, Missoula and Butte, along with a cluster in Wenatchee WA. The closing of this sale will make Fisher primarily a TV owner, retaining radio stations only in Seattle.
TVBR observation: A quick glance at the BIAfn Investing in Radio Ownership Report would seem to indicate that some spin-offs will be required in Great Falls. But there are no two ways about it: This looks like an outstanding move for Cherry Creek and, as a Kalil spokesperson pointed out, is a major indicator of the recovering health of broadcasting in general.
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| Washington Media Business Report TM |
TV CPs ready to go
 Seven lucky winning bidders of ten different stations have been deemed by the FCC to have properly dotted all the i's and crossed all the t's in their Form 301 applications for new full-power television stations awarded in Auction No. 64. That gives the rest of the US a few days to challenge the CP applications. If anyone present knows of any reason these prospective owners and their CPs should not be joined in full-fledged licenseeship, speak until 6/9/06 or forever hold you peace. The licensee/stations are Richland Reserve LLC (Greeley CO); Word of God Fellowship (Appaliachicola FL & Medical Lake WA); Entravision (Derby KS & Pueblo CO); Cooper Fowler Media Company (Topeka KS); George S. Flinn III (Duluth MN & Jackson MS); Koplar Communications International (Osage Beach MO); and KEZI Inc. (Bend OR).
Red Wolf continues to dog Citadel
Red Wolf Broadcasting has been locked in a dispute with Citadel which it says dates back to an occasion where Red Wolf refused to sell a station to the big national group. Red Wolf has since challenged Citadel license renewals, and is now supplementing a petition asking the FCC to turn down its acquisition of the ABC Radio group. In the petition, it cites a former Citadel employee working in the New London CT market, who testified about alleged payola techniques there dating back to 2001. Red Wolf further alleges that the Eliot Spitzer payola investigation shows Citadel still engaged in payola as late as February 2006. Smithwick & Belendiuk attorney Arthur V. Belendiuk, after detailing how the payola seemed to work, wrote, "Citadel organized and operated the payola scam at the highest levels of the company. These are not the rogue actions of employees, but rather the concerted efforts of Citadel's top management. It is an unprecedented betrayal of the public trust." Belendiuk says that the FCC should kick off an evidentiary hearing before granting the ABC transaction, and at a minimum, should force the company to disgorge any ill-gotten gains. "To do less is to merely tax Citadel's ill-gotten gains and encourage similar behavior in the future."
TVBR observation: Word on the street is that the FCC is looking into New York payola, and a chance for a settlement between the Commission and the principal companies in the griddle fired up by Spitzer has been set aside, at least for now. Citadel may still face action on this count, and for all we know the Red Wolf testimony will play a role. Meanwhile, this David and Goliath battle continues unabated. After Red Wolf's refusal to sell WMBW-FM in New London, Citadel tried to block a Red Wolf proposal to build a new FM translator in the market. Red Wolf claimed that Citadel went beyond the boundaries of the truth and got relatives and friends of employees with no direct stake in the matter to file "knowingly false" documents with the FCC. From these little acorns an oak of a dispute has grown. It'll be interesting to see if the FCC ever will step in and try to resolve it.
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| Entertainment Media Business Report TM |
 Production begins on "Master of Champions"
Production has begun in Hollywood on "Master of Champions," a one-hour weekly game show competition where only one contestant has unique skills, passion and determination sufficient to win the ultimate title -- Master of Champions. "Master of Champions" will premiere 6/22 (8:00-9:00 p.m., ET), on ABC. Chris Leary (Discovery Channel's "Pop Nation") and sports reporter/commentator Lisa Dergan are the hosts. Each week, six competitors with some of the world's most unique talents face off in this one-hour competition to determine who is the best of the best. Preeminent judges from show business and sports will pare the contestants down to three, who will then face a live studio audience for the final selection of one as the next Master of Champions. Executive producers are Tim Crescenti, Yoshiro Yasuoka and Isao Zaitsu for Nippon Television. Jonas Larsen and Anthony Ross are executive producers for Y27 Entertainment.
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| Ratings & Research |
Big finish for Fox and "Idol"
The season finale of "American Idol" was a huge audience draw for Fox on the final day of the May sweeps and the 2005-2006 TV season. It also helped Fox win the weekly ratings race across the board, winning in Nielsen's count of households and every major demo. In Households, Fox scored an 8.8 rating and 16 share for the week, followed by CBS at 6.0/10, ABC 4.8/8, NBC 4.3/8, Univision 1.7/3, UPN 1.4/2, WB 1.3/2, Telemundo 0.5/1, TeleFutura 0.3/1 and i 0.3/1. Fox also managed to land the top three shows, with both editions of "Idol" and "House."
| View the Chart |
 "Idol" also big with TiVo owners
The surprise here is not that "American Idol" on Fox was the most viewed show of the past week for TiVo owners - but that more recorded the season finale than watched it live. Apparently TiVo owners are busy people and have to time-shift even major event television.
| Tivo Top 25 |
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| TVBR Stats |
TVB tallies the season
The Television Bureau of Advertising (TVB) has been crunching numbers from the just completed TV season. It appears that it was a good year all around. Broadcast TV gained viewers in total households, Adults 18-49 and Adults 25-54. Cable/satellite networks were also up in households and 18-49, but declined slightly in the 25-54 demo.
| View the Chart |
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| Stock Talk |
Stocks rebound a bit
Stock prices moved up on Wednesday from Tuesday's sell-off, even though the release of the minutes from the Fed's latest meeting raised the prospect of further rate hikes. The Dow Industrials rose 74 points, or 0.7%, to 11,168.
TV stocks also recovered some ground. Saga had a good day, up 9.1% with no news to account for the move. Sinclair and Nexstar were each up 3.5%. Most other TV stocks posted more modest gains.
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| Stocks |
Here's how stocks fared on Wednesday
| Company |
Symbol |
Close |
Change |
Company |
Symbol |
Close |
Change |
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Acme
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ACME
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4.96
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+0.01
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LIN TV
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TVL
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8.80
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-0.20
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Belo
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BLC
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17.28
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+0.10
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McGraw-Hill
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MHP
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51.60
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+0.34
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| CBS CI. B |
CBS |
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25.91
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+0.40
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Media General
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MEG
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37.63
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-0.08
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| CBS CI. A |
CBSa |
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25.90
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+0.35
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Meredith
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MDP
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50.05
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+0.09
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Clear Channel
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CCU
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30.80
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+0.06
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News Corp.
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NWS
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19.97
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+0.16
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Disney
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DIS
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30.50
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+0.30
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Nexstar
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NXST
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5.33
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+0.18
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Emmis
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EMMS
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16.06
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+0.08
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NY Times
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NYT
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24.16
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-0.19
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Entravision
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EVC
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7.86
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+0.10
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Ion Media
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ION
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0.84
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+0.01
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Fisher
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FSCI
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43.77
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+1.17
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Saga Commun.
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SGA
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10.09
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+0.84
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Gannett
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GCI
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54.01
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-0.22
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SBS
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SBSA
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5.46
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+0.03
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Gen. Electric
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GE
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34.26
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+0.21
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Scripps
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SSP
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46.28
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-0.22
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Granite
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GBTVK
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0.21
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-0.01
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Sinclair
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SBGI
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8.51
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+0.29
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Gray
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GTN
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6.62
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+0.01
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Time Warner
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TWX
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17.21
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-0.01
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Gray, C1. A
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GTNa
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6.70
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+0.05
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Tribune
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TRB
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29.84
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-0.06
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Hearst-Argyle
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HTV
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22.16
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+0.12
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Univision
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UVN
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35.95
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+0.29
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Journal Comm.
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JRN
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11.52
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-0.23
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Wash. Post
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WPO
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810.90
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+11.87
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Lincoln Natl.
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LNC
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56.18
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+0.60
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Young
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YBTVA
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3.24
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+0.04
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Bounceback
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 We want to
hear from you.
This is your column, so send your comments and
a photo to tvnews@rbr.com
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Below the Fold
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Media Business Report
What came out of Ingram?
Veteran Big Apple airman Dan Ingram let the big one slip during...
Ad Business Report
TNS: U.S. ad spend advanced
5.2% in Q1 Internet display ads led all media forms in growth...
Entertainment Media
Business Report
"Master of Champions"
Production has begun in Hollywood one-hour weekly game show competition...
Ratings & Research
Big finish for Fox
And Idol on the final day of the May sweeps...
TVBR Stats
TVB tallies the season
Good year all around as Broadcast TV gained viewers...
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State Association News
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NYSBA 45th exec. conference set
The New York State Broadcasters Association's 45th Executive Conference will take place at the Sagamore Resort Hotel on Lake George, June 25th - 27th. The second annual Hall of Fame dinner (June 25th) will honor "Cousin Brucie" Morrow; NBC's Gabe Pressman; legendary DJ Hal Jackson and news anchors Ernie Tetrault (Schenectady) and Irv Weinstein (Buffalo). Also that night former NAB President Eddie Fritts will be honored. On Monday morning (June 26th) gubernatorial candidates William Weld; John Faso and Thomas R. Suozzi will speak along with Andrew Cuomo, the NAB's Marcellus Alexander, CNBC's Ron Insana and the New York State Lottery's Nancy Palumbo. On Tuesday morning, both TV and radio sessions will be held concurrently. TV executives will attend panels on "Monetizing Alternative Platforms"; a TV syndication panel and a "Retail Advertising Panel." TV Syndicator Roger King (King World) along with his "latest find" Rachael Ray will also address the audience. Radio execs will be treated to sessions on capturing more retail automotive ad dollars featuring retail automotive experts and a panel discussion of "Working Together for the Future of Radio."
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May '06 RBR/TVBR Solutions Magazine
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TVBR Radar 2006
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Television News you won't read any where else. TVBR--First, Accurate, and Independently Owned.
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Tribune may sell some TV stations; buying back its own stock
announced a Dutch auction to buy back up to 53 million shares in a range of 28.00-32.50 (above Friday's close of 27.89) from the public and 10 million from the foundations that are its largest shareholders. CEO Dennis FitzSimons says Tribune will also cut expenses some 200 million (including some staff cuts) and sell up to 500 million in non-core assets, possibly including some non-core TV stations. For complete details review of the TV's that could be up on the block see
05/31/06 TVBR #106
VNU buyer wants bonds too
Now that Valcon, created by a consortium of equity funds, has won the right to buy out shareholders of VNU for 9.7 billion bucks it is offering to buy out most bondholders as well. The soon-to-be owner of Nielsen Media Research, Billboard magazine and other VNU properties is making a tender offer for nearly 1.3 billion bucks of VNU's public debt. To facilitate the bond buyback, VNU has called a series of meetings for June 19th and 20th for holders to vote on approving the redemption of some or all of the bonds at 100% of their face value, plus accrued and unpaid interest.
TVBR observation: We wait now for the bigger moves. Who will be the new CEO, as VNU gets a new name and moves its incorporation from The Netherlands to the US? What role will Nielsen Media Research President and CEO Susan Whiting play? TVBR hears that Whiting's star is on the rise as she was the guiding light through this storm. Bottom line: When the CEO is appointed that will give some idea on the focus of the company.
05/30/06 TVBR #105
The top 25 TV groups
It only takes 135.7M in 2005 annual income to make the BIA Financial Network list of Top 25 Television Station groups, but it takes almost 17 times that amount to get to the top of the list. The top guns are see
05/30/06 TVBR #105
Too much leverage?
Bear Stearns analyst Victor Miller is concerned that most publicly traded TV companies are over leveraged. Thus, he likes LIN's plan to sell off its Puerto Rico properties and pay down debt. In an extensive analysis piece sent out Friday, Miller noted that Wall Street appears to be punishing the stock prices of the pure-play TV companies with the highest debt-to-EBITDA ratios - Young at 19.3 times and Nexstar at 7.6 times, while awarding the highest value to Hearst-Argyle, the least leveraged at 3.2 times. For more details on Too Much Leverage see
05/30/06 TVBR #105
TV is cyclical; get used to it
Mark Fratrik, VP and Chief Economist for BIA Financial Network (BIAfn), is predicting that US television stations will take in 22.2 billion in revenues this year, up more than 7% from 2005. However, the bulk of that 1.5 billion gain from last year's 20.7 billion is going to come from political spending, continuing the two-year pattern that has become increasingly apparent in recent years. Back in the 1980s and '90s, growth in other major ad categories, led by automotive, could be counted on to fill the growth gap in non-election years. "We don't have that anymore," Fratrik told TVBR. "Local television stations are in precarious positions and must think creatively to drum up new revenue streams....Those revenue streams are small now, but five years out he predicts that some smaller broadcasters may generate up to 25% of their revenues and 40% of their cash flow from platforms other than their main TV channel.
TVBR observation: Fratrik has a keen forecasting eye better than your average Wall Street guru because he has the experience of broadcasting. Fratrik is also correct on the new revenue streams must be built and natured along as it will take a little time. Most broadcast companies that have survived the recession and bootstrap rebuilding process with a strong brand will take the profits over the next 4 years. Another shake out is coming for those who have not prepared.
05/26/06 TVBR #104
Senate indecency lite
may have inside track
With fine-raising bills passed by wide majorities in both the Senate and the House, it appears that the legislation is on the on-ramp to becoming a law. This is especially true with an important member of the House saying that when it comes to resolving differences between the two versions, he'd be happy to accept the weaker Senate version.
TVBR observation:
Just when it looked like this bill would languish for the third straight year, Senate sponsor Sam Brownback (R-KS) and majority leader Bill Frist (R-TN) were able to bypass the Senate Commerce Committee (and those who would offer amendments) and get Brownback's version passed by unanimous acclimation. If Barton is willing to go along with the Senate version, it looks like it is going to happen.
05/26/06 TVBR #104
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