Welcome to TVBR's Daily Epaper
Volume 21, Issue 143, Jim Carnegie, Editor & Publisher
Friday Morning July 23rd, 2004

TV News ®

TV & cable strong, radio not at Viacom
Radio was again the weak spot as Viacom hit its Q2 earnings targets on the strength of its TV and cable networks. Speaking to analysts with his two new understudies by his side,
Chairman and CEO Sumner Redstone praised Co-President/Co-COOs
Tom Freston and Les Moonves for their accomplishments in their new positions. In his new position heading all broadcast and cable operations, Moonves had both the best and the worst to report. Revenues for Viacom's cable networks were up 18% to $1.59 billion and operating income increased 23% to $607.9 million. TV revenues were up 11% to $2.06 billion and operating income rose 35% to $528.1 million. But the story was quite different for the Infinity radio division. Revenues did inch up 2% to $561.3 million, but that barely moved the needle on operating income, which was essentially flat at $266.5 million. While brokers and other group owners have been salivating at Viacom saying it will divest some of its radio stations, Moonves indicated that he's not in any rush to do so and that the sell-off won't be extensive. Also, commenting on the recent move by Clear Channel to cut ad inventory, Moonves said Viacom had already been cutting inventory on some of its stations and agreed that there has been too much clutter on radio.

Tribune appeals for crossownership
Facing possible TV/newspaper combo breakups when some of its TV licenses come up for renewal, Tribune Company has appealed last month's ruling by a Philadelphia federal appeals court that sent all of the FCC's ownership rules back for reworking. Tribune wants the court to allow TV/newspaper crossownership in markets with at least nine stations while the Commission reviews its rules for markets with fewer stations. In its appeal, Tribune noted that the FCC found no needs for limits on crossownership in markets with nine or more TV stations. In blocking the new crossownership rules from taking effect, the court focused on the FCC's limits for mid-sized markets, saying the Commission had given too much weight to the Internet in assessing media options. But since the judges didn't take issue with eliminating the crossownership rule for large markets, Tribune argues that the court should allow that portion of the new rules to take effect. "In markets with nine or more stations, the 1975 newspaper rule - - kept in place by the court's stay - - needlessly violates Tribune's and others' First Amendment rights," Tribune argued. Needless to say, the groups that opposed media consolidation before the court do not agree and will oppose Tribune's motion.

LPFM is a go, second dish must go
The Senate Commerce Committee approved legislation which would grease the wheels for more low power FM stations. It would also grease the wheels for an end to the two-dish practice used on occasion by DBS services, and reinforced the concept of local-into-local service. The low power FM service will be able to expand greatly by eliminating 3rd adjacent channel protection for nearby full-power FM stations. This protection remains in force, however, if the full-power station broadcasts a reading service on a subcarrier. It allows the service to be expanded without further study.
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Temperature rising on Adelstein
renomination controversy
A Senate Commerce Committee matter of only peripheral concern to broadcasters brought broadcasting front and center today. A plea from Committee Chairman John McCain (R-AZ) to play by the traditional rules in regards to a controversial nominee to the Federal Trade Commission inspired Byron Dorgan (D-ND) to inquire where the tradition is when it comes to on-ice renomination effort for FCC Commissioner Jonathan Adelstein.
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Report from one of the battlegrounds
The Cincinnati Post says that the inundation of national political advertising in their market has been unprecedented. Some local television execs have reported that Q2 political advertising revenues have tripled over similar totals for 2000. Ohio figures to be among the most fiercely-contested states. Although most expect lots of activity through the election, local Cincinnati broadcasters aren't predicting that it will continue to outperform the recent past. A lot of that will depend on how tight the race remains. If either pulls significantly ahead in the Cincinnati area, that will probably cause money to be diverted elsewhere.


Conference Calls, Q2 2004

No big deals in the offing for Viacom
Seeking to allay concerns that he might go on a buying binge following the exit of Mel Karmazin, Viacom Chairman and CEO Sumner Redstone told analysts yesterday that the company is only looking for small deals and tuck-ins - - not any thing big. In fact, he repeated that more than once - - Viacom is not looking for big deals. With Viacom's stock at current levels on Wall Street, which Redstone considers undervalued, he is not going to use stock to make acquisitions. Rather, he said, Viacom will resume buying back shares of its own stock just as soon as the SEC allows it to do so, which will be after the pending spin-off of Blockbuster is completed. Redstone said stock buybacks would be the best use of Viacom's excess cash, so the company is not considering increasing its dividend or making a special dividend payment like the one announced this week by Microsoft.


Adbiz ©

Long John Silver's debuts sponsorship with Dale Earnhardt, Jr.
and Martin Truex, Jr.
Long John Silver's has partnered with Dale Earnhardt, Jr., and will sponsor the NASCAR Busch Series car owned by Earnhardt and driven by his protege Martin Truex, Jr. Truex will drive the No. 8 Long John Silver's Chevy Monte Carlo at the Kroger 200 at Indianapolis Raceway Park on 8/7, and at the Bashas' Supermarkets 200 at Phoenix International Raceway on 11/6. Truex is the current Busch Series points leader. | More... |

Subaru narrows it down to three finalists
w
Subaru of America has named three finalists for its $165M account - - DDB NY, GSD&M Austin, TX and The Martin Agency of Richmond, VA. AAR Partners handled the search. The incumbent, TM Advertising Irving, TX, did not make the cut.

Red Roof Inn unveils new logo
Red Roof Inn has unveiled a new logo which will begin appearing at newly renovated properties across the country. Part of an overall strategy to redefine the economy brand by parent company Accor North America, the logo change is a direct effort to convey to guests what they will find at newly renovated Red Roof Inn properties. | More... |


Media, Markets & Money tm

Close encounter in Dallas
Liberman Broadcasting (LBI) has completed its $15.5M entry into the Dallas-Ft. Worth radio market with the acquisition of KNOR-FM from A.M. & P.M. Broadcasters (3/24/04 TVBR Daily Epaper #58). The deal doesn't constitute a completely fresh start for LBI - - it's already proud owner of a television station which it bought from Daystar Television Network last year for $37M (8/18/03 TVBR Daily Epaper #161). LBI is also active in TV and radio in Los Angeles and Houston.

Pay raises at Viacom
Following the recent shakeup in the executive suite at Viacom, the post-Karmazin occupants have all gotten pay raises. According to a filing with the SEC, Chairman and CEO Sumner Redstone's new contract is for a base salary of $3.5 million a year - - up from the $1 million that he and Mel Karmazin were previously paid. New Co-Presidents and Co-COOs Les Moonves and Tom Freston each have a base salary of $3 million. They and Redstone each got options to buy 1.5 million shares of Viacom's Class B stock at an exercise price of $35.51.


July Solutions Digital Magazine
Complimentary Report

Sports - Summer NFL training camp, Baseball, NBA draft just hit and what you need to succeed:

Programming - Sells with NTR - What works and what doesn't

Read RBR in 2 simple steps:
1.Create a simple account with Zinio to download the free Zinio Reader.
2. You can then download the free
July Issue of RBR.

Thats it!


Washington Beat

Double trouble for FNX
FNX Broadcasting, licensee of WPHX AM & FM Sanford ME, have been hit hard by the FCC, getting a fine package which amounts to a double double. Sanford is about halfway between the Portland ME and Portsmouth-Rochester NH markets. However, FNX had not been maintaining a regular, daily studio presence, nor was it keeping a public file in Sanford since it acquired the stations in 1999 up until the FCC caught the problem 5/14/02. The lack of a studio presence is good for $7K, and the public file violation is $10K, and the FCC applied that standard to both stations. Ouch! FNX tried to get the fines reduced, noting that fining stations was redundant and that the AM is losing money anyway. As regular readers of these pages well know, these types of arguments almost never gain any traction with the FCC Enforcement Bureau. To its credit, FNX has excellent regulatory compliance track record, which the FCC rewarded with a double reduction of $3.4M. So instead of paying $17K, each station only owes $13.6K, resulting in a total bill of $27.2K to FNX.

SenComCom: Under-the-table report
from the pre-tween set

[Editor's note: A unique perspective on Congress from our special correspondent.]

Hello, my name is Sarah Ashley Seyler (age seven). How are you today? It's a good day so far. I guess I have a new friend [DS - - Roy, who we met on the commuter train into Washington]. Today I've seen a pretty fountain. Right now I am at the press table.

My Dad gave me a secret hideout under the table [DS - - a multidisciplinary Commerce Committee mark-up attracted numerous trade press contingents and put seats in the press area at a premium].

The other reporters were really nice and funny. One of them said they could get started, now that I was there.

I am under the table right now. It's time for my Dad to listen to the people at the desk. [DS - - that would be the senators]. They have big mouths!

I saw lots of statues at the Capitol. It's very fun there - - I had never been in it. I liked Abraham Lincoln the best.

My Dad is almost done then we'll go office and write our stories.


Programming

"Daily Buzz" adds nine markets
Eight of Viacom's UPN O&Os have picked up "The Daily Buzz" along with Meredith's Fox-affiliated WHNS-TV Greenville-Spartanburg, bringing the total market count for the youth-oriented news show to 136. The weekday morning news program is a joint venture of ACME Communications and Emmis Communications. The eight new Viacom affiliates are KTXA-TV Dallas, KSTW-TV Seattle, WNPA-TV Pittsburgh, WNDY-TV Indianapolis, WWHO-TV Columbus, OH, WTVX-TV West Palm Beach, WUPL-TV New Orleans, and WLWC-TV Providence, RI. Three other Viacom UPN O&Os had recently picked up the show before the latest announcements - - WTOG-TV Tampa, WGNT-TV Norfolk and KAUT-TV Oklahoma City. The Daily Buzz is set to move to its new studios in Orlando on August 3rd.


TV Ratings

Reality trumps reruns for DVRs
The reruns of CBS' top series that are leading the Nielsen ratings this summer are not, understandably, as popular for TiVo owners to record. Rather, the owners of digital video recorders continue to time-shift viewing of many reality shows - - along with CBS' "60 Minutes."
| Tivo List
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Stock Talk

Stocks manage modest gains
Stock prices were all over the board on Thursday, with the Dow Industrials briefly dipping below 10,000. But when the dust had cleared, a late round of bargain hunting had produced small gains for the day. The Dow ended with a gain of four points at 10,050.

Broadcast stocks were also higher, with investors apparently upbeat ahead of Clear Channel's Friday report on earnings. Clear Channel rose 4.4% as the day's leader. Emmis rose 3.7%.


TV Stocks

Here's how stocks fared on Thursday

Company Symbol Close Change Company Symbol Close Change

Acme

ACME

$6.58

+$0.02

McGraw-Hill

MHP

$74.70

-$0.01

Belo

BLC

$24.23

+$0.15

Media General

MEG

$60.23

-$0.02

Clear Channel

CCU

$35.73

+$1.50

Meredith

MDP

$53.85

+$0.26

Disney

DIS

$23.31

-$0.33

News Corp.

NWS

$35.05

+$0.50

Emmis

EMMS

$20.00

+$0.72

Nexstar

NXST

$10.51

-$0.14

Entravision

EVC

$7.65

+$0.17

NY Times

NYT

$41.92

-$0.18

Fisher

FSCI

$49.49

+$0.35

Paxson

PAX

$2.99

-$0.02

Fox

FOX

$27.39

+$0.25

Saga Commun.

SGA

$17.35

+$0.55

Gannett

GCI

$82.98

+$0.69

Scripps

SSP

$104.00

-$0.15

Gen. Electric

GE

$32.88

+$0.28

Sinclair

SBGI

$9.99

+$0.04

Granite

GBTVK

$0.50

-$0.01

Time Warner

TWX

$17.22

+$0.07

Gray

GTN

$12.17

+$0.09

Tribune

TRB

$43.00

-$0.29

Gray, C1. A

GTNa

$11.03

-$0.03

Univision

UVN

$29.75

+$0.44

Hearst-Argyle

HTV

$25.01

+$0.01

Viacom, Cl. A

VIA

$34.93

+$0.66

Jeff-Pilot

JP

$47.52

-$0.44

Viacom, Cl. B

VIAb

$34.45

+$0.85

Journal Comm.

JRN

$17.92

+$0.15

Wash. Post

WPO

$858.50

-$7.00

Liberty Corp

LC

$44.65

-$0.46

Young

YBTVA

$10.87

+$0.24

LIN TV

TVL

$19.24

-$0.13

- - - -

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TVBR Audiocast

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Bounceback

We want to hear from you.
This is your column, so send your comments to tvnews@rbr.com

This reader advises you to pay the government early, rather than later.

The item in today's RBR and TVBR on the "official" opening of the 2004 regulatory fee window (7/22/04 TVBR Daily Epaper #142) is technically correct, but the Commission made clear (both this year and last) that the fee forms and payments may be submitted earlier. We suggest that, especially when dealing with the government, it's generally best to avoid the last-minute rush.

Roy R. Russo
Managing Partner
Cohn and Marks LLP
Washington, DC


Upped & tapped

Fazio's got Game
Former Toon Disney and ABC Kids executive Lou Fazio has joined GSN, once known as Game Show Network, as Vice President of Scheduling and Acquisitions.

Vacancy at EchoStar
EchoStar said its CFO, Michael McDonnell, is resigning, effective August 13 for personal reasons. No successor was immediately named.


Competing Media

Infinity moving all national business to Interep
The p-match between Infinity and Clear Channel continues: While 75%-80% of Infinity's national sales biz is currently with Interep, the rest (20%+) will be moving from Katz over to Interep, say Infinity sources. However, "it won't be happening for a while." The news is so new that Interep couldn't yet comment on it. Where did the 20-25% come from? Most of that was left over under the old American Radio Systems group (ARS) after its acquisition by CBS/Infinity. Mel Karmazin had wanted to keep something over at Katz so Infinity could keep a finger in both pies, so to speak. The 20%-25% is worth over $100M in revenue according to the source.

RBR observation: Makes sense to bring that money into your own bank. But word of caution again to Interep, and not put yourself as a company in harm's way. There has been and always will be this stigma - that's why certain groups like Citadel and possibly Saga may have left Interep for Katz - that former Viacom COO 'Zen Master' Mel Karmazin and Infinity wielded all of the power and influence inside Interep for the national dollar. Nobody likes to feel like a second tier player. We all know the normal on air disclaimer. Words from Hill Street Blues - "Lets be careful out there."


TVBR Radar 2004
Click on these issues for TV News you won't read any where else. TVBR--First, Accurate, and Independently Owned.

Clear Channel fires back
with $3M countersuit
against Infinity and Stern

The best defense is a strong offense, so Clear Channel is going on the offensive in its legal battle with Viacom's Infinity over bouncing "The Howard Stern Show."
TVBR observation: We note that one of the allegations that Clear Channel denies in its response to the Infinity lawsuit is the claim that Clear Channel's suspension of Stern's show was politically motivated - - coming a day before Clear Channel Radio CEO John Hogan was due to testify on Capitol Hill about indecency penalties. But we all know this is more about politics than anything else.
07/22/04 TVBR #142

Sirius heading toward
1M subscribers
Q2 conference call the company would get to one million by the end of this year. By comparison, XM announced at the beginning of this month that it had surpassed 2.1 million subscribers. A lot of that difference is due to heavy selling of factory-installed XM receivers by General Motors. Editor's note: Best CYA radio it is coming. The local consumer is not aware of radios in fighting nor would care - so CYA. 07/22/04 RBR #142

Hill bill would restore
broadcast regulation
Rep. Maurice Hinchey (D-NY), along with several of his Democratic House colleagues, is introducing HR 4069, the "Media Ownership Reform Act of 2004. TVBR observation: Republican House leaders have to date fended off a vote on the Resolution of Disapproval passed twice in the Senate, albeit in different form. That is precisely what will happen to this bill in the 108th Congress. HR 4069 isn't going anywhere.
07/21/04 TVBR #141

Sumner just keeps
buying and buying...
If you own shares of Midway Games, you're becoming an increasingly rare investor. There seems to be no end to Sumner Redstone's appetite for shares of the video game company. TVBR observation: Oh to be one of the lucky investors who bought Midway stock last year for $2. Redstone obviously sees valuwe in the video games industry that escapes most investors - - and we'd bet that some of it has to do with synergies with Viacom properties, such as Paramount Studios and Nickelodeon - - something only Redstone can bring to the table. 07/21/04 RBR #141

Viacom's Moonves will
stand and fight
Specifically addressed the Jackson/Timberlake wardrobe malfunction, which effectively threw gasoline on an already-raging anti-indecency firestorm last winter. Moonves said a fine for the incident would be unfair and perilous. He vowed to take the case to court. TVBR observation: If court review of FCC ownership regulation usually results in a finding of "arbitrary and capricious," wait 'til they get a load of the indecency regulations and guidelines. If this goes to court, we expect a long, loud fight - - everybody but everybody will weigh in on this one - - but in the end the FCC regs will wind up on the scrap heap and the Enforcement Bureau will be on their way back to the drawing board. 07/20/04 TVBR #140

Analyst says media companies
have to give back cash
With media stocks performing poorly, but the big media companies still throwing off lots of free cash flow, analyst Douglas Shapiro at Banc of America Securities has been looking at the options and concludes that the companies have no choice put to start giving that cash back to their shareholders. 07/20/04 TVBR #140

Boyle applauds Clear Channel
clutter cutting
The Wachovia Securities analyst says Clear Channel is making a move in the right direction. Editor's note: Boyle isn't backing off from his pronouncement that radio's biggest groups will continue to trail industry performance for several more quarters, but he credits Clear Channel for making a move in the right direction by cutting clutter. It is called - resisting the winds of Naples. 07/20/04 TVBR #140

TV take heed - Delivering a
Sales & PD's Dream
Here are the new limits mandated from San Antonio - - Clear Channel's new commercial load limits effective 1/1/05 for all stations all formats. As one source put it - "We get to stop the garbage humpy-humpy bar promotions just to get beer money." Next step on pulling off this spot load strategy will be Clear Channel budgets which are coming into focus as all budgets by all stations are due at the end of August, which is about six (6) weeks away. For spot load all Formats and variations charts see the charts. 07/20/04 RBR #140


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