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TV News ®
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FCC issues super fine for Super Bowl incident
As expected, and with a unanimous 5-0 commissioner vote, the Federal Communications Commission nailed 20 Viacom/CBS O&O television stations with proposed fines of 27.5K each, the maximum allowable under current guidelines, as punishment for the Janet Jackson/Justin Timberlake Super Bowl wardrobe malfunction, resulting in a 550K bottom line for Viacom. Viacom has stated its intention to fight the Notice of Apparent Liability.
TVBR observation: Read further into today's issue. Particularly, read the comments of Jonathan Adelstein, who notes the "...puzzling precedent" of "...failing to hold all licensees responsible for the material broadcast over their station." If this NAL can't even pass the smell test on the 8th Floor of the FCC, how is it ever supposed to get through a court of law? | More... |
Commissioners unanimous
but not eye-to-eye
The Commissioners voted 5-0 to nail Viacom for the Super Bow incident, but in so doing did not see things as one. Four of them, all but Kathleen Abernathy, appended personal comments to the NAL. A big area of disagreement was the decision to fine the 20 Viacom O&Os while letting some 200 additional affiliates off the hook. Chairman Michael Powell said that the affiliates are responsible for what goes out over their airwaves, but could be exonerated in this instance since nobody anticipated the indecent turn the Super Bowl half time show took. Not so for Viacom, which "was not so passively involved." Powell said, "Unquestionably, Viacom consciously took the risk, and, thus, now bears responsibility. Both Michael Copps and Jonathan Adelstein thought all stations airing the material should have been indicted, and that the fine was worth ten seconds or less of commercial air time, hence not much of a fine, even if it is the biggest in television history. Copps and Kevin Martin noted that complaints sent to the FCC cited much more than just the wardrobe malfunction as examples of indecency, and that the ruling should not have been narrowly confined to that one incident. But why have us talk about it. Here are the statements of those commissioners issuing them. | More... |
Jackson speaks out
Janet Jackson recently discussed the wardrobe malfunction incident with GENRE Magazine, which describes its focus audience as gay men. Her remarks are to be published in the magazine's upcoming October issue, scheduled to hit newsstands 9/28/04. She charges George W. Bush with using the incident "...as a decoy to distract the nation from an increasingly unpopular war and sagging economy," as GENRE put it in a release. Jackson is also quoted directly. She said, "I truly feel in my heart that the president wanted to take the focus off himself at that time." Jackson said the fine levied against CBS/Viacom (which was still only in the works at the time of her interview) was hypocritical, given the sexual content of "television commercials for beer and Viagra."
TVBR observation: Whether Mr. Bush welcomed a distraction or not, we do not think he or anyone on his staff lifted a finger to flood the FCC with complaints about the incident. Ms. Jackson's comments no more hold water than her Super Bowl garment was able to hold her breast.
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McCain fails to get hard DTV deadline
Sen. John McCain's attempt to get a hard deadline of 1/1/09 for the return of all analog television spectrum to the government for reallocation to public safety organizations was headed off in committee. However, if the amended measure does move forward, some of that spectrum could go to public safety groups even earlier, and money will be allocated to make sure poorer Americans make the digital transition with everyone else.
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Former AG and former AP boss to probe CBS
CBS has retained former US Attorney General Dick Thornburgh and retired Associated Press President and CEO Lou Boccardi to investigate mistakes in the preparation and broadcast of a "60 Minutes Wednesday" segment about President George W. Bush's service in the Texas Air National Guard. The report by Dan Rather focused on memos, including one which stated that Bush disobeyed a direct order, which CBS News now says it can't prove were authentic (9/21/04 TVBR Daily Epaper #184). Experts contacted by other news organizations have suggested that the memos were created on a modern computer, not a 1970s-era typewriter. When it retracted the story earlier this week, CBS said it would name an independent review to find out what went wrong and recommend what actions the network should take. It's now engaged Thornburg and Boccardi to conduct that review. "The two-person review panel will commence its work this week and will have full access and complete cooperation from CBS News and CBS, as well as all of the resources necessary to complete the task. The panel will report its findings to CBS News and CBS. The findings also will be made public," CBS said in its announcement.
TVBR observation: Since CBS retracted the National Guard story on Monday, a lot of press attention has been focused on Mary Mapes, the veteran CBS News producer who researched the story for Rather. She had been a star at the network just a few months ago for breaking the Iraq prisoner abuse story, but she's now looking like the likely scapegoat for this fiasco. Not only did she obtain the disputed memos from former Guard officer Bill Burkett, but Burkett told USA Today that Mapes arranged for him to speak with Joe Lockhart, former Press Secretary to President Bill Clinton and now a key official of Sen. John Kerry's presidential campaign. Lockhart acknowledges that he did speak with Burkett by phone, but denies that anything was said about Bush's Guard service.
USDTV past 10K milestone
US Digital Television announced that it has surpassed 10,000 subscribers for its multi-channel digital subscription TV service, which is now operating in three markets - - Salt Lake City, Albuquerque and Las Vegas. The service broadcasts some of the most popular cable networks to subscribers using broadcasters' digital channels as a low-priced competitor to cable and satellite services. "Our growing base of subscribers demonstrates that the model works and that there is a strong and viable new business for broadcasters in the pay TV industry," said USDTV Chairman and CEO Steve Lindsley. The company, which sells its set-top boxes at Wal-Mart, says it will introduce its next-generation box in Q4, which will enable it to introduce new services such as video on demand and digital video recording capabilities.
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1st half automotive ad spend
up 11% in Spot TV
Total automotive ad spending (the combination of factory, dealer associations and individual dealers) increased 11.0% in Spot TV during the first half of 2004 compared to the first half of 2003, according to a TVB analysis of CMR data. The Big Three (GM, Ford, DaimlerChrysler) increased their collective Spot spend by 2.3%, from 1,165,389,000 to 1,192,729,000. "All Other" Spot spending, representing combined spending by 10 foreign automotive brands, increased 23.4% (from 809,061,000 to 998,216,000). The investment by the foreign automakers paid off. While "Big Three" unit sales declined by 0.5% during the period, "All Other" unit sales grew 7.1%. Total unit sales for the first half reached 8,267,470 vehicles, up 2.2%. The foreign automakers gained 1.7 market share points from the "Big Three." Chris Rohrs, TVB President, said: "It's clear that foreign automakers benefited by investing ad dollars in local broadcast TV. Spot spending was the isolated variable." Total ad spending for the automotive category (combining spending on 11 measured media, including outdoor, print, radio, and television) increased 5.2% for the first half of 2004. "Big Three" ad spending grew 5.1% and "All Other" spending went up 5.2%. Among all media segments measured by CMR, Spot TV represented the largest share of total automotive spending at 27.6%, newspaper was second at 27.4% and broadcast network TV was third at 20.3%. The "Big Three" spent 29.9% of their total ad dollars on newspaper and 26.4% on Spot TV. By contrast, the "All Other" group spent 29.2% of their total ad dollars on Spot TV and 24.2% on newspaper.
Advertising Week in New York City
The very First Advertising Week, invented by the 4A's, see's Red to the tune of around 300 thousand dollars according to a note put out last night by Crain's Ad Age. A loss for what was billed to be a historic and unprecedented week long celebration of advertising which started Monday as Ken Kaess, President and CEO of DDB Worldwide Communications and Chairman of Advertising Week in NYC rang the opening NASDAQ market bell but never heard the count of ten. Both the Radio Advertising Bureau and Television Bureau of Advertising planned their annual Fall Board meetings around this "historic" event and even sponsored key functions and last nights celebration dinner was cancelled before a menu was even put together. Advertising Week came up short due to what some say was very poor pre-planning. The general talk before the Advertising Week started that the 4A's out sourced the strategy and the plan just fell apart. One executive said Advertising Week was not developed as well as it should have because of to many chiefs and lots of good ideas that were not pulled together like they should have been. Another executive called this first Advertising Week a work in progress.
TVBR observation: Work in progress is probably the best description. We still see this year's 4A's annual conference as one of the best and this should not detract any media executive not to attend their 2005 conference in New Orleans.
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Media, Markets & Money tm
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Comcast offers to buy back
stock options
If you used to work for Comcast or AT&T Broadband (or even AT&T itself) and still have unexercised stock options - - take note. Comcast wants to cut down on its record keeping and cash out those options at current market prices. If all of the 41.8 million eligible options held by 63,000 people (including many current AT&T employees) are redeemed, the value will total about 125 million dollars. But the redemption isn't going to cost Comcast anything. JPMorgan Chase is funding the stock option liquidity program and will receive new stock options from Comcast for those submitted for cash by the folks who no longer have any employment ties to Comcast. Most of those option holders were employees of either AT&T or AT&T Broadband when Comcast acquired the latter in 2002, but there are also a small number of other people who hold Comcast options who are not currently company employees. Current employees are not eligible for the cash-out deal.
Viacom spin-off of Blockbuster stays on track
Viacom says a Delaware judge has denied a request to hold a hearing on whether to grant a temporary injunction against its share exchange spin-off of Blockbuster - - so the exchange offer can go on unimpeded. The order blocking the exchange offer had been sought by a Viacom shareholder who claimed that Viacom had provided more and better information about the Blockbuster spin-off to National Amusements, the company via which the family of CEO Sumner Redstone controls Viacom, than to other shareholders (9/21/04 TVBR Daily Epaper #184). With the judge refusing to grant the injunction, the share exchange offer is still set to conclude on October 5th (9/9/04 TVBR Daily Epaper #176).
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September Solutions
Digital Magazine
Complimentary Report
One on One
PHD's Patrick McNew
The man who controls
the Chrysler Group auto bucks
Quarterly Deals:
4.1 Billion spent on broadcast properties since the thaw
RBR/TVBR Observation:
Where is action? We got it.
Less is More
CCU's already meaning less with syndicators and nets.
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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 September Issue of RBR.
Thats it!

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Washington Beat
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Hollings closes in on closed captioning
The Commerce Committee had many fish to fry yesterday, and one of them was a provision to move little-heralded aspect of the 1996 Telecommunications Act forward. The Training for Realtime Writers Act of 2003 made it through the committee by unanimous vote. The bill, which has a companion measure wending its way through the House of Representatives, provides the National Telecommunications and Information Administration with 20M dollars which it may grant to colleges and universities which train closed captioners. All TV programming is supposed to have captioning available by 2006. According to Sen. Ernest Hollings (D-SC), there are currently only 30 captioners currently working, against an estimated requirement for 3K. "We hope that with this legislation, we will finally be able to bridge the communications gap that challenges many Americans with disabilities," said Hollings.
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TV Ratings
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"Joey" much weaker in week two
Is NBC no longer "Must See TV" on Thursdays? "Friends" spin-off "Joey" fell from #1 to #8 in its second week, with the top spot in the Nielsen ratings going to a CBS rerun, "CSI," which also ran on Thursday, but not in the same timeslot. "Joey" was also beaten by "Will & Grace," which followed it on NBC. The last week of the 2003-'04 TV season ended in typical form, with CBS back on top, pulling a 7.2 rating and 12 share. NBC was next at 6.6/11 (and, as usual, won the 18-49 demo), ABC 6.1/10, Fox 3.1/5, WB 2.4/4, UPN 1.9/3 and Pax 0.5/1. Here are the top 20 primetime programs for the week of 9/13-19.
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Stock Talk
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Stocks drop on oil and earnings news.
Good earnings news from Wall Street brokerages pushed stocks up on Tuesday, bad earnings news from Morgan Stanley took them down on Wednesday. Also, oil prices went up again, which worries stock traders (and for good reason). The Dow Industrials fell 136 points, or 1.3%, to 10,109.
TV stocks were down nearly across the board. Paxson fell 7.5%, Media General 6.5%, Young 5.3% and Entravision 4.2%.
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TV Stocks
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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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6.07
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-0.22
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McGraw-Hill
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MHP
|
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78.19
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+0.38
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Belo
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BLC
|
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21.87
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-0.37
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Media General
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MEG
|
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54.60
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-3.81
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Clear Channel
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CCU
|
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32.38
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-0.27
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Meredith
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MDP
|
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51.86
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-0.15
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Disney
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DIS
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23.30
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-0.11
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News Corp.
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NWS
|
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32.83 |
-0.89
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Emmis
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EMMS
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17.85
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-0.34
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Nexstar
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NXST
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9.21
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+0.03
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Entravision
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EVC
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7.60
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-0.33
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NY Times
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NYT
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39.52
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-0.33
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Fisher
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FSCI
|
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47.63
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-0.36
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Paxson
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PAX
|
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1.61
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-0.13
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Fox
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FOX
|
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28.19
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-0.83
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Saga Commun.
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SGA
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17.30
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-0.10
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Gannett
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GCI
|
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84.62
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-1.00
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Scripps
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SSP
|
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47.98
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-0.98
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Gen. Electric
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GE
|
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33.93
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-0.53
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Sinclair
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SBGI
|
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7.57
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-0.26
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Granite
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GBTVK
|
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0.22
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+0.10
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Time Warner
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TWX
|
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16.45
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-0.12
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Gray
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GTN
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12.15
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-0.33
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Tribune
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TRB
|
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40.97
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-0.54
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Gray, C1. A
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GTNa
|
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11.39
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-0.22
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Univision
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UVN
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32.06
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+0.35
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Hearst-Argyle
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HTV
|
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24.53
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-0.36
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Viacom, Cl. A
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VIA
|
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33.55
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-0.52
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Jeff-Pilot
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JP
|
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48.94
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-0.73
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Viacom, Cl. B
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VIAb
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33.10
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-0.54
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Journal Comm.
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JRN
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17.70
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-0.20
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Wash. Post
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WPO
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909.01
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+14.31
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Liberty Corp
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LC
|
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39.90
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-0.36
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Young
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YBTVA
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11.32
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-0.63 |
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LIN TV
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TVL
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19.74
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-0.24
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- |
- |
- |
- |
- |
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Have a news story you'd like to share? tvnews@rbr.com
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Bounceback
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We want to
hear from you.
This is your column, so send your comments to tvnews@rbr.com
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Upped & Tapped
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Two join WXYZ-TV
Scripps' WXYZ-TV Detroit announced the addition of two sports reporters: Vic Faust from KOKI-TV Tulsa and Tom Leyden from WFMZ-TV Allentown, PA.
Koblish to Worship
Former Gospel Music Association President Bruce Koblish has joined The Worship Network as Executive Vice President of Ministry Development, where he will focus on establishing a music division.
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TVBR Radar 2004
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Click on these issues for TV News you won't read any where else. TVBR--First, Accurate, and Independently Owned.
Will Emmis miss its radio guidance?
That's what Wachovia Securities analyst Jim Boyle is warning of. Emmis, always the canary in the coal mine. is due to report results next Tuesday (9/28) for its fiscal Q2 - - June-August. Thinking is Emmis may hit its 10.5% revenue growth guidance for TV, but miss its 3% target for its larger radio group and issue conservative guidance for fiscal Q3. TVBR observation: Have we hit bottom? Answer is maybe not. Hang on this could be an unpleasant ride! 09/22/04 TVBR #185
Disney board to pick Eisner's successor by June 2005
The Board said now use that expensive luggage and get it packed. The directors said they would engage an executive search firm to aid them in making the choice, saying they would consider outsiders and one insider - - President and COO Bob Iger. To achieve its objective, the Board will: 1. Engage an executive search firm 2. Consider both internal and external candidates 3. Complete the process and announce a successor as soon as possible 4. Michael Eisner and the Board will work to assure a smooth and effective transition but are elected for a one year term. TVBR observation: The line bet goes to Iger.
09/22/04 TVBR #185
Which do we protect: 17M or 70M?
The battle lines are continually being drawn and redrawn on the bumpy road leading to the digital television conversion. The plan offered by Sen John McCain (R-AZ) to provide 1B dollars to some 17M unconnected TV households so that they can still receive a television picture when analog transmission goes bye-bye is already being challenged.
TVBR observation: With the clock ticking toward Election Day lawmakers are eager to get back home to campaign, so the smart money is against anything of significance happening real soon like until 2009? Reminds one of AM Stero.
09/22/04 TVBR #185
Sen. John 'Wayne' McCain looking for 1B in anti-blackout funds
Is preparing to ask for a significant taxpayer contribution to the televiewing of the unconnected when the digital television transition is finalized and analog broadcasts go away. McCain's plan would in effect be at least somewhat of an endorsement of the so-called "Ferree Plan," which would bring the end of analog broadcast about on 1/1/09, but would get there by counting analog receivers getting down-converted digital signals in the 85% digital-ready theshold which is the statutory target for the analog turn-off. 09/21/04 TVBR #184
Telecom 1996 up for review
Says Frank Blethen, the Seattle Times publisher took to the OpEd pages of the Washington Post 9/19/04 warning of the evils of excessive ownership concentration and media cross-ownership. Senate Commerce Committee is supposed to revisit the 1996 Telecommunications Act next year, an agenda item which could easily light off even more fireworks in the already incendiary history of the ownership debate. The Commerce Committee has already approved numerous reversals of the FCC 6/2/03 ownership rulemaking. Some of them have reappeared in other guises, such as the reversion to a 35% national potential audience reach cap for broadcast television group owners, down from the FCC's 45%. TVBR observation: This is great news if regulatory uncertainty is your cup of tea. People wishing to sit in on the Commerce Committee's proceedings should probably head over to the Russell Building on Capitol Hill right now and get in line. 09/21/04 TVBR #184
Campaign financing regs remanded
The US District Court in the District of Columbia has sent a slate of campaign rules written by the Federal Election Commission (FEC) back to be rewritten, saying that they opened up "an immense loophole" which Congress had no intention of putting on the books. 09/21/04 TVBR #184
HBO dominates the Emmys
Bada-Bing! Teaming up "The Sopranos," "Angeles in America" and other original fare, HBO, which used to be a cable network dependent on showing movies that had already run in theaters, ran rough-shod over the broadcast networks. In all, HBO took 32 Emmys. Compare that to Fox, which took second place with 10. Here's the list of winners of the major Emmys. TVBR observation: You answer the question - - What does this say for network TV programming and what the consumer wants and is willing to pay for? TA DUM. Content is King, people. Radio in many ways has lost that edge, Cochise, and soon that trend will come to TV as well - - so watch out for more product placement in place of creativity. 09/21/04 TVBR #184
TVBR Close-Up
Broadcast stocks: How low is low?
If you own radio or TV stocks, you know that they've fallen this year - - a lot. Most pure-play radio companies have lost at least a quarter of their value, many more than a third. TV stocks haven't done quite that badly, but are down double digits.
TVBR observation: The question now - have we hit bottom? TVBR's analysis chart inside tells the sad tale.
09/20/04 TVBR #183
Congressmen try to
head off Ferree plan
Two members of the House of Representatives have fired off a letter to FCC Chairman Michael Powell asking him to hold off on any attempt to force an end to the DTV transition according to the so-called "Ferree plan," which would achieve the mandated 85% viewership threshold by counting viewers getting digital signals downconverted for analog receivers along with viewers getting full benefit of digital broadcasting. TVBR observation: Excuse us, but Congress is the irresponsible government entity which came up with the 85% in, 15% completely shut out policy. The FCC has been forced to try and propel the DTV transition forward with no power whatsoever to do anything other than leave 15% of all Americans in the video dark. That's what Congress specifically told the FCC to do.
09/20/04 TVBR #183
Freeze frame:
When will the deal thaw happen?
Station trading and major changes - - to whit, FCC transactions utilizing Forms 301, 314, or 315 - - are frozen while the FCC gets its paperwork in order following the 3rd Circuit's decision to allow the new Arbitron-based radio market definition to be used as a yardstick for cluster sizing. When will the thaw happen?
TVBR observation: FCC has no way of knowing precisely when the freeze will be lifted, but that it is expected to be short-lived. 09/20/04 TVBR #183
Tough August for Tribune
Proving again that this is a year of haves and have-nots in broadcasting, Tribune Company reported that its August TV revenues were down 4.2% to 98.2 million dollars. Tribune's group of mostly WB affiliates is not getting the heavy political spending enjoyed by competitors with news-intensive big-three network affiliates - - and, of course, it missed out on the Olympics spending that went to NBC stations. TVBR observation: Have and Have Not's again proves the theory that Content is King. Don't have it then you are a Have Not. 09/16/04 TVBR #181
Lehman analyst drops radio forecast
Yet another Wall Street analyst has cut back his forecast for radio revenue growth this year and next - - and they're big drops. Lehman Brothers analyst Bill Meyers now expects growth of only 2.7% this year, not the 3.7% he had previously forecast. And for 2005 Meyers has cut his growth estimate to 2% from his previous 4.5%.
TVBR observation: Wall Street encouraged it and the MBA operators went right over the cliff with them. Now it is time for pros like Dr. Randy to fix it. Trust those MBA CEO's are getting OJT at the best interest of their shareholders. 09/16/04 TVBR #18
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TV editor
Do you know the business of television? While other trade publications are cutting back, we're growing. Television Business Report (TVBR) is the hottest new electronic daily, backed by over 21 years of success at Radio Business Report. If you know who's who and what's what in TV & Cable, send resumes to CJCarnegie@rbr.com |
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