Welcome to TVBR's Daily Epaper
Volume 21, Issue 165, Jim Carnegie, Editor & Publisher
Tuesday Morning August 24th, 2004

TV News ®

NBC and Paxson head back to court
The strained partnership between Paxson Communications and disgruntled shareholder NBC Universal is back for another round of battling in court. It looked like the conflict between the two companies was cooling down when NBC handled the upfront presentation for Pax this year in New York. But now NBC Universal has sued Paxson over the dividend payment that Paxson has to make on the 32% Paxson stake that NBC Universal owns in the form of preferred stock. Not that Paxson has actually ever paid a cash dividend mind you - - the 166 million in dividends due so far have merely accumulated to be paid at some future date. The 8% rate for the first five years of the preferred stock issue is due to be reset next month - - NBC Universal thinks it should be increased dramatically, say to 30%, while Paxson thinks 8% is just fine. "The terms at the heart of this dispute are clear and unambiguous and contradict the claim NBC has filed. We are disappointed that NBC chose to resort to litigation rather than accept the plain meaning of the Certificate of Designation," said Paxson CEO Bud Paxson.

TVBR observation: NBC Universal is having to tread a thin line. Much as it would like to get back its 581 million dollar investment in Paxson - - the original 415 million that it paid, plus the 166 million in unpaid dividends - - there's no way that Paxson can pay more than a tiny portion of that today. So it's in NBC Universal's interest to keep Paxson healthy enough, indeed to improve it, so that someone else will be interested in buying it and cashing out NBC Universal. It's not a pleasant situation for either NBC Universal or Bud Paxson, but it looks like this unhappy marriage is going to drag on for a while yet.

TVBR Observation: Solving a problem that doesn't exist
It's hardly surprising that the FCC is moving next month to mandate much more children's programming under DTV multicasting. After all, every politician inside the beltway wants to be seen as doing something for the kids. But is this move needed? Where is the evidence that the marketplace isn't already expanding children's program offerings? Even people with no children of their own are aware of such cable hits as "Sponge Bob Square Pants," "Dexter's Laboratory" and the "Power Puff Girls." Disney, Viacom and News Corp./Fox are already active players in the kiddie TV field, and you can bet that NBC Universal is looking for a way to get into the game - - not to mention the big plans that PBS has for expanding its kids offerings via DTV. | More... |


DOJ launches criminal investigation of Allbritton's bank
DOJ has launched a criminal investigation into possible wrongdoing at Riggs Bank, which has already paid a $25M civil penalty for its failures to abide by laws designed to prevent money laundering. Among the people whose actions at the bank are under review are the company's largest shareholder, Allbritton Communications' Joe Allbritton, 79, and his wife, Barbara, and son Robert, who is Chairman of the bank and holding company, according to the sources quoted in the Washington Post. Allbritton Communications owns both WJLA-TV (Ch. 7, ABC) and the cable service Newschannel 8 in DC. The investigation was detailed in a letter earlier this month from the U.S. attorney for the District to federal bank regulators, asking them to put on hold their own investigation into the bank and its directors and senior management "to avoid any potential adverse impact" on the DOJ probe. A copy of the letter was obtained by The Washington Post. The US attorney's office is examining the role of current and former execs and directors of Riggs Bank and its parent company, sources familiar with the probe confirmed to the paper. US Attorney for the District Kenneth Wainstein said the DOJ probe is looking into "a variety of matters relating to Riggs Bank, including the adequacy of Riggs Bank's anti-money-laundering compliance program," as well as potential conflict of interest violations by R. Ashley Lee, who was Riggs's chief federal examiner until taking a job as vice president of the bank two years ago. Lee has been placed on paid leave pending the outcome of the investigation.

New book tackles broadcasting disputes
The latest edition in the "Taking Sides" textbook series from McGraw-Hill focuses on many of the hottest issues in US mass media, especially broadcasting, in "Taking Sides: Clashing Views on Controversial Issues in Mass Media and Society." One chapter features the debate over broadcast indecency, with Edison Media Research and Jacobs Media presenting results of their study of rock radio listeners (3/25/04 RBR Daily Epaper #59) to argue against censorship and law professor Eugene Volokh arguing that there are circumstances in which freedom of speech should be restricted. The book also features FCC Chairman Michael Powell (from his Capitol Hill testimony) arguing for media ownership deregulation, while professors Robert W. McChesney and John Nichols take the contrary view. Two professors face off on whether TV violence harms children: W. James Potter, yes, and Jib Fowles, no. This book doesn't resolve any of these disputes, but certainly gives university students an understanding of how there are two sides to each of the contentious issues.

To sell, or not to sell? Is that your question? Part 2
Is this the right time for you to sell your radio or TV station? And how do you figure out how much it's worth? It's a tough decision to make. But if you are in the market to sell, or just pondering the possibilities, we've gathered some expert advice to help you figure out whether and when to pull the trigger. At Americom Radio Brokers, Tom Gammon told us there are about five factors to consider when deciding if the time is right to sell. | More... |


Adbiz ©

TVBR First Part III
Mark LaNeve, GM's new VP/Marketing and
Advertising speaks
Photo: Mark LaNeve and Jim Taylor.
TVBR Q: I was very impressed with the Corvette ad with the kid driving (the ad mentioned it was a dream). That was different and seemed to follow the latest trend, as with Jeep ads in gaming, to target consumers with branding at younger and younger ages. LaNeve: Wait until you see the new STS spot. We've got a ballroom scene with BMWs and Mercedes dancing a Viennese waltz with each other. STS comes screaming in, we crank up the Zeppelin music and totally bust up the party.
| More |

Premiere dumping Diamond led to Delilah?
Premiere Radio Networks' Diamond network is going away because of the upcoming inventory cutbacks mandated by CC Radio CEO John Hogan. $30-$35M in billing will be lost, according to RBR sources. We heard Premiere knew that was coming so they got Delilah to replace that lost money. Good theory, but we won't get that confirmed. However, they did confirm, "The Diamond network in RADAR will be reconfigured as part of our 2005 participation in Clear Channel's 'Less Is More'," confirms spokesperson Amir Forester. Natalie Swed Stone, US Director, National Radio Investment, OMD, commented about it in our September RBR print issue: "The Clear Channel cutback of commercials will impact the network/syndication business as CC stations reevaluate what they can afford to carry now that the rules are changing - - we know Premiere is affected with the elimination of Diamond network. There will be other companies affected as well."


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Media, Markets & Money tm

Midway may merge with Viacom
Now that Sumner Redstone owns more than 80% of the stock of Midway Games (7/21/04 TVBR Daily Epaper #141), it's hardly surprising that he's thinking of buying out the remaining shareholders. But it may be that Redstone himself wants to be bought out. According to a filing made last week at the SEC, Viacom has appointed a special committee of outside directors to evaluate possible acquisitions or partnerships in the video game industry. That's surprising, since over the time that Redstone has been amassing his stake in Midway, he has insisted that he was acting for himself, not Viacom, which he, of course, also controls.

TVBR observation: Should Viacom pay Redstone 12 dollars each for his Midway shares? Even those that he bought for two bucks or less? After all, Redstone has been single-handedly driving the price of the stock up over the past year with his relentless buying. Would he now dare to stick Viacom shareholders with the bill for his overpaying? Quite a few Viacom investors would protest such a scenario - - and well they should.

Tips on how to buy a station, Part II
In a recent speech to the Minority Media and Telecommunications Council, attorney Erwin Krasnow of Garvey Schubert Barer, and co-author of "Radio Deals: A Step by Step Guide," published by RBR, offered tips for people looking to buy a radio or TV station. Here's tip #2 on the negotiating process:

"Do your homework. Learn as much about the station, the competition, and the market as you can. You'll need to have the facts ready to support your negotiating position. A good negotiator is fully prepared to discuss every aspect of the deal and to respond to every question and comment. Consider getting a copy of the asset purchase agreement (APA) used by the seller in acquiring the target property (or if unavailable, other properties purchased by the seller). If it's a strong APA, it will be a great negotiating tool. - 'If a provision was needed by you to acquire a property, why is it not OK for me to use it?'"


Washington Beat

LPFM admonished for running ads
The FCC has admonished a low-power-FM station in Enid, OK for violating its license by running commercial advertisements. However, the Commission decided to let the Enid Public Radio Association, licensee of KUAL, off with a warning and didn't impose any fine. The licensee didn't deny that the offending material was aired, but it says it has enacted for stringent script reviews for underwriting announcements to ensure compliance with the FCC's rules for non-commercial licensees.
Read the ads that got the station in trouble.

TVBR observation: We wait to see if the FCC is gwoing to be as diligent in enforcing its rules against LPFM stations as it is with full-power broadcasters. Will the LPFM operators take the rules against running ads seriously if there's no fine handed out for violating them? We wait to see, meanwhile, what the FCC does in the case of KFLO, an LPFM in Jonesboro, AR, where Saga Communications filed a complaint that the supposedly non-commercial station was blatantly competing for buys and airing ads.

A fine day at the FCC
Several broadcasters have gotten fines for the FCC to start out this lazy week of late August. TVBR observation: Infinity is obviously laying out the case it hopes to argue in the federal courts. We and most broadcasters would like to see a definitive court ruling to put the FCC's indecency enforcement back on some sort of predictable course. Unfortunately, the FCC is unlikely to find any US Attorney willing to take the case, so the indecency muddle just swirls around. Meanwhile, we're all waiting for the next big fine of more than a half million bucks for the CBS O&Os that carried a brief glimpse of Janet Jackson's breast during the Super Bowl halftime show. That may come as soon as this week or next. | More |


Programming

LIN enters Hispanic marketplace
Piggybacking onto its successful local TV operation in Puerto Rico, LIN Television is launching a new Hispanic television service in the US. WAPA-America (using the call letters already well-known in Puerto Rico) will launch September 1st on DirecTV. LIN said it is also in talks with several cable MSOs. The new Hispanic service will be aimed particularly at people of Puerto Rican dissent, utilizing news and entertainment programming from WAPA-TV in San Juan, as well as classic programming from the WAPA primetime library.


Stock Talk

Wal-Mart skid sends stocks lower
A disappointing sales outlook from Wal-Mart sent stocks lower on Monday. The Dow Industrials fell 37 points, or 0.4%, to 10,073.

As you'd expect, the bad news on the retail front was bad news for broadcast stocks. Paxson dropped 13.3% on news of its court battle with NBC Universal. Granite dropped 8.2% and Entravision was down 2.4%.


TV Stocks

Here's how stocks fared on Monday

Company Symbol Close Change Company Symbol Close Change

Acme

ACME

6.89

+0.04

McGraw-Hill

MHP

75.36

-0.12

Belo

BLC

22.77

-0.12

Media General

MEG

59.31

-0.45

Clear Channel

CCU

36.03

-0.11

Meredith

MDP

50.01

-0.64

Disney

DIS

22.17

-0.27

News Corp.

NWS

32.18

-0.26

Emmis

EMMS

19.73

-0.23

Nexstar

NXST

8.44

-0.09

Entravision

EVC

8.08

-0.20

NY Times

NYT

41.58

-0.24

Fisher

FSCI

49.64

-0.36

Paxson

PAX

2.09

-0.32

Fox

FOX

27.62

+0.22

Saga Commun.

SGA

17.95

-0.25

Gannett

GCI

84.25

-0.06

Scripps

SSP

102.26

-0.31

Gen. Electric

GE

32.51

-0.14

Sinclair

SBGI

8.07

-0.09

Granite

GBTVK

0.45

-0.04

Time Warner

TWX

16.47

-0.08

Gray

GTN

13.43

+0.03

Tribune

TRB

41.50

-0.43

Gray, C1. A

GTNa

12.93

unch

Univision

UVN

34.36

-0.29

Hearst-Argyle

HTV

24.16

+0.13

Viacom, Cl. A

VIA

35.66

-0.34

Jeff-Pilot

JP

47.85

-0.35

Viacom, Cl. B

VIAb

35.30

-0.31

Journal Comm.

JRN

16.35

+0.11

Wash. Post

WPO

880.00

-19.50

Liberty Corp

LC

40.66

-0.05

Young

YBTVA

10.60

+0.10

LIN TV

TVL

20.10

-0.01

- - - - -

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TVBR Audiocast

08/24 - Get the feel of what you are scrolling down and reading... Listen to this morning's AudioCast and
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Bounceback

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Upped & Tapped

Kinsey heads to KELO
Young Broadcasting is shifting WTVO-TV (Ch. 17, ABC) Rockford, IL President/GM Gwen Kinsey to the same position at KELO-TV (Ch. 11, CBS) Sioux Falls, SD. She succeeds Mark Antonitis, who was recently sent to Young's largest station, KRON-TV (Ch. 4, Ind.) San Francisco (7/21/04 TVBR Daily Epaper #141). But, of course, there's now a new GM opening in Rockford.


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

CP for TV Marti
Which fires off programming to Cuba on Channel 13, has received an FCC go-ahead to modify its facilities, based on a request from President George W. Bush and the State Department. TVBR observation: The message is clear - - it doesn't matter who you are, don't mess with the FCC. The purveyors of Channel 13 - - particularly the good folks at Media General's WMBB in Panama City, which appears to be closest to Cuba - - can rest assured that the watchdog is on the job. 08/23/04 TVBR #164

TV a lesson here...
RAEL releases first study:
How Radio Ads Affect Consumers
How radio and radio advertising works with listeners, how to maximize ROI and how radio ads can improved upon for effectiveness.
RBR observation: We're still not sure if the radio groups are kicking in enough dollars to fund all of this (RAB doesn't supply the funding details for RAEL), but the big showed up and that's a good sign. Bottom line: Any study can say people have a more personal feeling with radio spots, but too many spots and annoying spots from any medium will turn them away. Next step: Let's fix the programming and invest in the creative production of radio's content. 08/19/04 RBR #162

Analysts' conclusion:
Infinity blinked
You'd be hard-pressed to find anyone in radio or on Wall Street who believed that Infinity's refusal to renew its ratings contract with Arbitron in June was the final word on the matter. But many had expected a longer hold-out by Infinity.
TVBR observation: If you bought Arbitron's stock back in June, figuring this is exactly what would happen, it looks like you made about 3.4% over less than two months. But if you were lucky enough to buy in at the recent low just last week, your profit was over 18% if you sold yesterday. Not a bad return either way. Analysts Kit Spring and Alissa Goldwasser tell it like it is.
08/19/04 TVBR #162

Newspapers face circulation
inflation conflagration
In a way, broadcasters are lucky. A station may wish to wring the necks of the good folks at Arbitron, Nielsen and Eastlan when facing a decline in audience, but at least someone the temptation to take matters into their own hands are nonexistent. They can't physically count the tune-ins occurring in the market.
TVBR observation: Newspapers face another problem - - the availability of news and info on the Internet. There will still be ferocious competition between print and broadcast. Bottomline, newspaper's problems are broadcasting's gain. The scandals are another arrow in the quiver for broadcasting's street forces.
08/18/04 TVBR #161

Infinity signs multi-year
deal with Arbitron
By bringing a good offer to the table, what it is we just are not sure yet, but whatever it is Infinity decided it was fair. RBR had stated the hard posturing from Infinity, may have been, but was, a bluff and wouldn't last a quarter. In fact, many in the industry said they knew this was all a "joke" from the start.
RBR observation: Infinity's biggest problem with Arbitron was and always will be price.
08/18/04 TVBR #161

Telemundo seeks rulemaking
to move into Phoenix
Holbrook AZ is over 200 miles away from downtown Phoenix, a location NBC Telemundo Phoenix finds to be an ineffective staging area in its effort to compete with Univision for the eyes and ears of the Arizona capital's Hispanic population.
08/17/04 TVBR #160

Broadcasters responded to
changing Charley
Broadcasters jumped into action and fulfilled their most important role - - informing the public - - as Hurricane Charley devastated Florida. The Olympics took a back seat to storm coverage for NBC affiliates and just about every station - - AM, FM, TV and local cable - - pulled out all of the stops to deliver emergency information to viewers and listeners. TVBR observation: This was broadcasting at its best. Radio coverage was less impressive, for the most part, given the limited scale of radio news operations in recent years, but at least they were providing useful information - - even if, in some cases! That meant carrying audio from a better-staffed TV partner. For NBC affiliates, general managers had to decide on Olympic coverage and they made the right decisions. Read the total report. 08/16/04 TVBR #159

Hearst-Argyle ready to go private
Anyone who follows broadcasting stocks knows that Hearst Corporation has been a voracious buyer of Hearst-Argyle stock on the open market. Hearst has continued to be the company's largest shareholder throughout those seven years. TVBR observation: They have the right idea and if they go private Hearst just may be the leader some public companies, especially in radio, need to get the heck out of that Wall Street rat race. We've heard the saying - 'If Wall Street doesn't Love us then we will buy back our stock' - can't continue saying it forever. 08/16/04 TVBR #159

Emmis assents to consent,
agrees to pay
Enriching the US Treasury by 300K dollars following in the footsteps of Clear Channel, but not leaving anywhere near as large a footprint in payment. It will also scrub clean the radio group's file. As part of the deal, Emmis admitted that is broadcast at least some actionably indecent material. TVBR observation: There must've been something at least mildly juicy in the hopper.
08/13/04 TVBR #158


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