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Volume 24, Issue 207, Jim Carnegie, Editor & Publisher
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Tuesday Morning October 23rd, 2007
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TV News ®
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 Obama asks Martin to slow down
More particularly, Barack Obama (D-IL), one of the leading candidates for the Democratic party's presidential nomination, wants issues on minority ownership and localism addressed before moving on to easing ownership restrictions, if that is FCC Chairman Kevin Martin's goal. Noting media reports stating Martin's goal of a 12/18/07 on as yet unspecified media ownership rules, Obama wrote, "I believe both the proposed timeline and process are irresponsible. Minority owned and operated newspapers and radio stations play a critical role in the African American and Latino communities and bring minority issues to the forefront of our national discussion. However, the Commission has failed to further the goals of diversity in the media and promote localism, and as a result, it is in no position to justify allowing for increased consolidation of the market. Moreover, 30 days of public review of a specific proposed change is insufficient to assess the effect that change would have on the media marketplace or the rationale on which any such proposal is based."
Stating the need for a special panel to study the minority ownership issue, he continued, "I object to the agency moving forward to allow greater consolidation in the media market without first fully understanding how that would limit opportunities for minority, small business, and women owned firms. He also took the Commission to task for its "...propensity to vet proposals through leaks to the press and lobbyists," as reported by the Government Accountability Office. Obama noted that it was unclear just what rules changes were being proposed, but stated that whether or not they will be crafted well enough to get past the courts is immaterial if Congress and the public are not given sufficient time to determine whether or not it "constitutes sound policy," and that the FCC should be able to defend its actions "in public discourse and debate."
TVBR observation: We doubt that Martin was under the illusion that he could slip this matter through quietly, and that truth has already been amply demonstrated. Watchdogs and politicians alike seem as if they've been waiting to spring into action on the first mention of acting on the court-ordered reconsideration of the 6/2/03 rulemaking attempt. And although media ownership issues were being hotly debated in 2004 but played virtually no role whatsoever in Bush v. Kerry. Not so this time: Candidates on the Democratic side are clearly aware of the issue this time and will speak out about it, even as Democrats and Republicans on Capitol Hill go to work on it. This is going to be a contentious, noisy debate.
 Warchests filling up
The campaigns for federal office have already spend over 368M this cycle, even though the first vote is still months away, we aren't even in the calendar year of the election yet and there's still plenty of time to raise more cash. And the amount spent is dwarfed by the amount still on hand. This is particularly true of the race for Congress. According to the Center for Responsive Politics, 83.724 has already been spent in the battle for the House of Representatives, but there is 237.198M waiting to be spent. The proportions are even more stark on the Senate side, where only 18.032M has been spent and 102.638M is still in the bank. Only in the presidential category is spending keeping close pace with receiving. 265.961M has been spent, with only 153.810M still on hand. Democrats lead across the board in all categories, although in the presidential money spent category, the difference is miniscule. Democrats have much more on hand in all three categories.
| View the Chart |
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 PTC uses stock
as ticket to bully pulpit
The Parents Television Council has members with a piece of News Corp., and took advantage of a shareholders meeting to protest some of the racier programming on Fox Television and News Corp. basic cable offering FX. The shows drawing specific fire from PTC New Jersey Chapter Director Crystal Madison included Family Guy, American Dad and Bones on Fox. On FX, she mentioned Dirt and Nip/Tuck. She said, "Fox Broadcasting and the FX network have repeatedly embarrassed you, the board and the shareholders with such programs as Family Guy, American Dad, Bones and Dirt." Noting that some of these shows were on as early as 8PM in the Central time zone, Madison wanted these programs held back until at least 10PM in each time zone, when young children are more likely to be in bed. She also demanded that FX be converted to a premium channel so that it does not show up unbidden on basic channel lineups and go into the homes of people who find it objectionable. "As a mother, I am pleading with you, Mr. Murdoch, to take control of your companies' programming schedules and place these negative shows and programs like them where they belong," she concluded.
TVBR observation: If you own a piece of News Corp., why not use all available venues to make your case? Al Sharpton has been doing the same thing when he believes companies he has an interest in go over the line on matters of concern to him. However, we do not believe PTC will have much success, since its Leon Weil made essentially the same pitch last year.
Private equity slips out of Harman deal
Two private equity firms, Kohlberg Kravis Roberts and Company (KKR) and GS Capital Partners (an affiliate of Goldman Sachs), have been let out of their broken eight billion bucks deal to take Harman International private (9/24/07 TVBR #186) without having to pay the 225 million termination fee spelled out in the original contract. They will, however, buy 400 million worth of Harman convertible senior notes paying 1.25%. The settlement announced yesterday avoids a court battle over one of the biggest private equity buyouts to be abandoned in the current credit crunch. "We are pleased to have reached an understanding with KKR and GSCP. Although we do not agree with the reasons for cancellation of the original merger agreement, we view this 400 million investment as a vote of confidence in our business and its prospects for continued growth," said Sidney Harman, Executive Chairman of Harman. The company plans to use the 400 million to accelerate its stock buyback program. In addition to buying the notes, which cannot be sold or hedged for at least a year, a KKR representative, Brian Carroll, will take a seat on the Harman board of directors.
TVBR observation: Bravo! A pretty clever settlement. Harman shareholders would obviously have preferred the 120 bucks in cash that they were supposed to receive for each share, but the deal now to let KKR and GS Capital Partners walk away will pump cash into the company without a drawn out court battle. The trigger price on the conversion, by the way, is 104 bucks per share, which is quite a distance from the mid-80s where Harman has been trading since the buyout collapsed. So, it appears that Harman will get to use that cash on terms well below market rates for some time to come. Some traders still have jitters that some private equity buyouts in media could suffer the same fate, but we still haven't heard of any actually being on shaky financial ground.
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| Wall Street Business Report TM |
 Moody's downgrades Emmis
Citing "continued weak operating performance," Moody's Investors Service has lowered its ratings on Emmis Communications debt. Moody's does, however, say the company's large market radio assets provide adequate coverage of its debt load. The ratings agency said its reduction of Emmis' corporate family rating to B2 from B1 and other ratings reductions reflected the company's increased debt to EBITDA leverage, which Moody's put at 8.9 times. Moody's said it also believed that Emmis "faces a tightening cushion vis-à-vis its covenants under the senior secured credit facility." Moody's also noted that growth prospects for radio, particularly in large markets, will be challenged by increased advertising fragmentation. "This industry has gone through a rough patch, and we've had challenges in our New York and L.A. markets, just like other operators - but I've seen signs of improvement. Regardless, we're fully aware of where we sit with our banks, and we will continue to do what is necessary to stay within our covenants," Emmis CEO Jeff Smulyan told TVBR.
TVBR observation: Jeff has faced tough times before and managed to come out smiling. But he's also had to make some hard choices along the way, such as selling WFAN-AM New York to Infinity (now CBS Radio). With pressure from big shareholders, the Moody's downgrade making it potentially more expensive to borrow and continuing ratings problems in Emmis' biggest markets, we wait to see what tough choices Jeff will make this time.
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Ad Business Report TM
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Time Warner Cable, Warner Bros.
to launch effort for "Fred Claus"
Time Warner Cable is teaming with sister Warner Bros. Pictures to launch an integrated marketing campaign in support of the new holiday comedy Fred Claus, opening in theatres nationwide 11/9. The integrated effort features "Exclusive Extras" in HD and standard definition on TWC's On Demand platform, a dedicated website (fredclausgiveaway.com) offering a Fred Claus sweepstakes and new original video games based on the film. A new vignette will be added each week for seven weeks. Viewers will also have a chance to enter a Fred Claus sweepstakes to win weekly prizes. TWC also used Fred Claus movie assets to create ad spots promoting their bundle, HDTV and Road Runner High Speed Online. The vignettes were developed by Ogilvy's Branded Content and Entertainment group in partnership with RTC Relationship Marketing.
Starcom taps Steve Buerger
Steve Buerger has joined Starcom USA as President and Chief Strategy Officer effective immediately. He's responsible for the agency's new business activities, the development of its Consumer Context Planning practice for generating actionable insights, and will help drive the company's long term strategy and positioning as a member of CEO John Muszynski's Executive Leadership Team. Buerger will report to Muszynski and be based in the Chicago HQ. Prior to joining, Buerger was Senior VP of Client Solutions at AOL.
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| Media Business Report TM |
 Ad sellers arrested in prostitution sting
Three employees of the classified advertising department of the Orlando Weekly, including the Director of Classified Advertising, have been arrested on charges of promoting prostitution by selling ads to escort services. The newspaper itself has also been charged with racketeering and aiding in the commission of prostitution. Newspaper Publisher Rick Schreiber calls the arrests "an outrageous abuse of process and an attempt to censor the First Amendment rights of a newspaper that has reported critically on the Metropolitan Bureau of Investigation." The MBI is a multi-agency law enforcement task force involving a number of Orlando-area police departments, along with the FBI, DEA, US Immigration and Customs Enforcement and Florida state law enforcement agencies. The charges handed up by a local grand jury came after female MBI agents posing as prostitutes allegedly got the Orlando Weekly employees to create ads for them that would be published, even though the employees knew the escort service ads were for prostitution.
TVBR observation: The big buzz in Orlando now is over whether the MBI will next go after Craigslist. The law enforcement organization recently sent a letter to the CEO of the popular online site asking that Craigslist take down ads being posted daily by more than 100 known prostitutes in the Orlando area. We noted just a few months ago (7/26/07 RBR #145) that free ads for adult services on Craigslist are responsible for a big financial hit on alternative weeklies, which had previously made lots of revenue from ads that are not accepted by most major dailies.
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| Washington Business Report TM |
Report says Tribune deal is a bargaining chip
For Tribune's 8.2B privatization to go forward, it needs to have newspaper/broadcast cross-ownership restrictions either waived temporarily or lifted altogether. Los Angeles Times is reporting that FCC Chairman Kevin Martin wants the rules done away with, and is therefore holding off on waiver grants in hopes of getting a positive vote on cross-ownership easements from the two Democratic commissioners, Michael Copps and Jonathan Adelstein. Martin's office has said one thing has nothing to do with the other, but LAT quoted both as objecting to tying a policy decision to a specific business transaction. There are strong fears that failure to get regulatory relief soon may cause the Tribune deal to unravel.
TVBR observation: It's been our position that as long as the cross-ownership regulatory issue remains pending, it is unfair to punish companies that have played by the rules while the rules have been punted from one venue to another. We see no reason to change that position now. If cross-ownership restrictions are not relaxed, fine, Tribune must do what is necessary to come into compliance. But it should not be forced to bust up a multimedia combo now that may be perfectly legal next year. This is simple fairness.
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| Cable Business Report TM |
 Meredith and Comcast in VOD deal
Meredith announced that its Parents TV video on demand service will debut on Comcast's On Demand service in December. Kimberly-Clark's Huggies brand has signed on as a "founding advertising partner" and Discover Card is also on board, along with "multiple advertisers" yet to be identified. Parents TV is already available everywhere as a broadband Internet site, but the VOD deal with Comcast gives it much more visibility with cable subscribers. Parents TV content will feature experts from across Meredith's magazine brands such as Parents, Family Circle and American Baby. Meredith Video Solutions - the company's in-house development, production and distribution unit - will produce the original programming. The VOD service will be marketed through Meredith television stations, publishing brands, and online assets.
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| Entertainment Business Report TM |
 "Starter Wife"
coming back as a series
"The Starter Wife" miniseries was such a hit for NBC Universal's USA Network that it is coming back as a series. Debra Messing will return as the star and also serve as executive producer. The writing team of Josann McGibbon and Sara Parriott return as executive producers. Gigi Levangie Grazer also returns as executive producer. The project will be produced by Universal Media Studios in association with McGibbon/Parriott Productions and 3 Arts Entertainment. And since no show can have too many executive producers, Stephanie Davis, Howard Klein and Molly Madden ("Picture Perfect") will also serve as executive producers for 3 Arts. Based on the bestselling novel by Grazer, "The Starter Wife" is described as a sexy, savvy and wickedly funny tour de force about life after divorce and one woman redefining herself after years of marriage to a Hollywood studio head. The miniseries earned 10 Emmy nominations, with Judy Davis winning for Outstanding Supporting Actress in a Miniseries or Movie. No target date was announced for USA to begin airing the series.
"Viva Laughlin" put out of its misery
After two episodes with dismal ratings and worse reviews, CBS has dumped "Viva Laughlin," a strange attempt at a combination drama and musical. "The Amazing Race" will return with an early start to its new season in the slot a week from next Sunday, with a "CSI" rerun filling the gap next Sunday.
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| Ratings & Research |
 Commercial rankings for August
TiVo announced its Top Commercial Rankings for August, as viewed by TiVo subscribers. For the second month in row, TNT claimed several top highest rated program episodes in total viewing with The Closer. However, similar to the last month, while The Closer dominated the Top Program ratings, none of the commercials that aired during the program made the Top 10. In fact, nine of the Top 10 commercial spots in August aired during Big Brother 8, which was only the 10th highest rated program. In the meantime, Fox's So You Think You Can Dance continued its consistent summertime Top 10 showing. TiVo's monthly analysis for August ranked cable and broadcast networks by the percent of Timeshifted viewing for the spring and summer months. The data showed that during the spring, the top five most Timeshifted networks were the top five broadcast. However, during the summer, three of the top five most Timeshifted networks were cable.
Nielsen reveals top markets, days for candy sales
Halloween is the season of ghosts, goblins, and most of all, candy. According to The Nielsen Company, U.S. consumers are expected to purchase more than 2.1 billion in candy this Halloween season. The holiday generates the greatest sales volume of sweets for the entire year, with candy sales expected to jump nearly 63% compared to the previous ten week period. Nielsen's analysis of 52 major U.S. markets shows that residents of the Salt Lake City/Boise metropolitan area bought 80% more candy than would be expected for a market its size, followed by Seattle and Portland, OR. Chocolate and non-chocolate miniature candy generated 39% of its annual dollar sales during the Halloween season last year, in comparison to the total candy category, which saw 22% of annual dollar sales in the same period. Nielsen found that sales jump during Halloween for other spooky and savory items. 89% of annual costume hair coloring sales occur during the 10 weeks leading up to and including Halloween, as do 36% of sales of both refrigerated and shelved ciders and 28% of lollipops.
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| Stock Talk |
Apple optimism boosts stocks
Stock prices rebounded from early declines, led by the tech sector. Investors were expecting strong results from iPhone maker Apple, which reported after the closing bell and did not disappoint. The Dow Industrials rose 45 points, or 0.3%, to 13,567.
TV stocks joined in the recovery. LIN shot up 6.3% and Emmis gained 5.1% as the big movers.
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| Stocks |
Here's how stocks fared on Monday
| Company |
Symbol |
Close |
Change |
Company |
Symbol |
Close |
Change |
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Acme
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ACME
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3.82
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-0.10
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Lincoln Natl.
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LNC
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65.60
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+1.46
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Belo
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BLC
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18.68
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+0.29
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LIN TV
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TVL
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14.58
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+0.86
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| CBS CI. B |
CBS |
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29.10
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+0.40
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McGraw-Hill
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MHP
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50.65
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+0.48
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| CBS CI. A |
CBSa |
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29.07
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+0.40
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Media General
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MEG
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27.16
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+0.34
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Clear Channel
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CCU
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37.80
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-0.03
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Meredith
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MDP
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56.20
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+0.13
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Disney
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DIS
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34.68
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+0.87
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News Corp.
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NWS
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22.75
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+0.09
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Emmis
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EMMS
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5.53
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+0.27
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Nexstar
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NXST
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9.43
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+0.21
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Entravision
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EVC
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9.80
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+0.34
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Ion Media
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ION
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1.33
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-0.04
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| Equity Media |
EMDA |
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2.85 |
-0.05 |
Saga Commun.
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SGA
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7.45
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-0.11
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Fisher
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FSCI
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47.95
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+0.40
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SBS
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SBSA
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2.67
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-0.06
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Gannett
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GCI
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41.32
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+0.20
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Scripps
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SSP
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42.25
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-0.59
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Gen. Electric
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GE
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40.17
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+0.13
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Sinclair
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SBGI
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12.45
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+0.08
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| Google |
GOOG |
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650.75
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+6.04
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SWMX
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SWMX
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0.03
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-0.01
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Gray
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GTN
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9.26
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+0.33
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Time Warner
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TWX
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18.05
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+0.09
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Gray, C1. A
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GTNa
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9.30
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+0.01
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Tribune
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TRB
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26.38
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-0.11
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Hearst-Argyle
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HTV
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23.10
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+0.07
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Wash. Post
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WPO
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781.70
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-8.37
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Journal Comm.
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JRN
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8.64
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+0.06
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Young
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YBTVA
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2.32
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-0.10
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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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Cable Business Report
Meredith & Comcast
In VOD deal, its Parents TV video on demand service and Kimberly-Clark is on board as a founding advertiser...
Media Business Report
Ad sellers arrested
In prostitution sting as 3 employees of the classified ad department of the Orlando Wkly...
Ad Business Report
Time Warner Cable
Warner Bros. to launch effort for Fred Claus...
Entertainment Business Report
The Starter Wife
Miniseries was such a hit for NBC Uni USA Net that it is coming back as a series..
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Stations for Sale
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 Market your Stations For Sale
in our daily epapers.
Contact
June Barnes
jbarnes@rbr.com
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TV Media Moves
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A fond farewell
to Mobile
 After 11 years at LIN's WALA-TV (Ch. 10, Fox) Mobile, AL, news anchor Anissa Centers is saying goodbye to the Gulf Coast, come December 15th. The parting is on good terms and the station even put out an announcement saying how much she will be missed. Centers is moving to the Atlanta market because of her husband's job promotion, so you can bet that some stations there will be hearing from her.
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More News Headlines
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Colbert campaign raising cash
Not for the Comedy Central star's faux presidential campaign, but rather real cash for a website that directs donations to school projects that need funding across the nation. As of yesterday afternoon, Stephen Colbert backers had donated 27K, with Sen. Barack Obama (D-IL) a distant second at 1.4K in the fund-raising battle on DonorsChoose.org. Colbert has selected almost exclusively school projects in his home state of South Carolina, where he claims to be running in both the Democratic and Republican Party primaries, so his on-camera promotion of the donate to vote straw poll has created a modest windfall for the state's schools. Along with Colbert, some other long-shot candidates are among the top vote getters in this contest - including Rep. Dennis Kucinich (D-OH), former Sen. Mike Gravel (D-AK) and Jon Stewart, also of Comedy Central (who knew he was running?) - while former New York Mayor Rudy Giuliani (R-NY) has polled only 10 bucks.
TVBR observation: OK, it's hardly on the level of the 4.2 million that Rush Limbaugh raised for charity last week, but give Colbert credit for making a gag pay off for a good cause.
CNBC launches "Investor Network"
CNBC has launched the "CNBC Investor Network," which will take viewers live to trading floors across America to provide real-time, instant analysis of what is moving the markets. The system uses web cams on leading trading floors in cities such as New York, Los Angeles, Greenwich, Conn., Durham, N.C. and Annapolis, Md. so traders can instantly appear on CNBC to provide info. "CNBC is always looking for new and innovative ways to deliver breaking news," said Jonathan Wald, SVP/Business News. "Now, with the CNBC Investor Network, viewers will get instant analysis directly from leading traders live as it's happening on trading floors across the country."
Judge dismisses Lulu suit against Hulu
A federal judge has stopped efforts by do-it-yourself Web publishing firm Lulu to prevent NBC's and News Corp.'s "Hulu" site from launching it web video site. "Lulu faces no immediate business threat from Web video company Hulu," ruled Judge Terrence Boyle of the U.S. District Court of Eastern North Carolina. Therefore, it has no legal standing on which it can ask a court to stop Hulu from going to market. Lulu had claimed Hulu was a copy not only of its name but also of its business model. NBC and News Corp. chose the Hulu name specifically to confuse potential customers, the suit had said. The judge didn't buy it, saying Lulu makes money by publishing others' works (authors, artists, musicians, etc) and then taking a cut of the sales. Hulu plans a YouTube-like business that's will include streaming full-length TV shows from NBCU- and News Corp.-owned networks. Bob Young, founder and owner of Lulu.com, vowed to continue his legal fight "This decision does not alter our position that this is a case of trademark infringement," Young, a co-founder of Linux software developer Red Hat, told WRAL.com. "Our concern remains that such semantically and visually similar brands existing in the same core categories will create confusion in the marketplace and especially to the millions of visitors to Lulu.com each month." A company spokesperson told WRAL the judge's decision was "just phase one" and that the company would seek a trial.
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TVBR Radar 2007
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Television News you won't read any where else. TVBR--First, Accurate, and Independently Owned.
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WGA authorizes strike;
It means what to ya
The Writers Guild of America voted to authorize a strike against studios, networks and producers if the two sides can't agree on a new contract (the current one expires 10/31).
TVBR observation: The real culprit of the potential strike is New Media, everyone wants a piece of the action, called Money. A Strike is not new news but what does it mean to the Fall season? Look for Scripted shows getting hit first and then the TV screen would get a heavy dose of unscripted programming. The last strike by the WGA was in 1988 and it cost the industry around 500 million bucks. Now do the math today and see what that same 500 million will be as it is all about the money. Finally, nobody is stuck on stupid here so do not think for a second that producers, or networks and the studio's are not prepared as you can bet they all have contingency plans and are ready for the October 31 deadline. (more in TVBR)
10/22/07 TVBR #206
Martin ownership plans
draw immediate fire
The watchdog community was ready, and the aiming seemed already to have been done, when FCC Chairman Kevin Martin announced his intention to try for a media ownership vote on 12/18/07. Most who commented were against any further deregulation.
RBR observation: It's interesting that a likely push for cross-ownership comes just as many multimedia companies are or are considering splitting their broadcast and print properties into separately-run entities. While watchdogs opposing any move of any kind are still on fire, business interests in favor of action, short of companies like Tribune, may be less so. Stay tuned.
10/22/07 RBR #206
Media General rules out split
Don't look for Media General to split its newspapers and TV operations into separate companies. The company declared that it still sees benefits from having both broadcast and print operations and is hoping the FCC will dump the crossownership rule and let it own more local newspaper-TV combinations. Noting the company's nearly 160 years of successfully operating local media businesses, CEO Marshall Morton made it clear to analysts that he doesn't intend to have the company broken apart on his watch.
TVBR observation: Throughout the Media General conference call, we repeatedly heard Tampa mentioned. When real estate was booming, Media General raked in the bucks from its grandfathered newspaper-TV combination in the market. That operation has been held up repeatedly as an example of the advantages of crossownership to enhance local news coverage. But a single company can't buck an overriding economic trend. The Tampa market is hard hit by the housing downturn, so Media General has had to cut staff, particularly at the Tampa Tribune. Perhaps the cuts would have been even deeper if it weren't for the benefits of crossownership. Now, though, the company just has to hold on and operate WFLA-TV/Tampa Tribune as efficiently as it can until the local market recovers.
10/19/07 TVBR #205
Who bid for Lincoln
Financial Media?
Bids were due this week for the potential sale of the Lincoln Financial Media stations. There was, indeed, lots of interest in the portfolio of primo properties, both radio and television - the former Jefferson-Pilot Communications. The real question, though, given the current credit market, is whether the bidding will be strong enough for Lincoln Financial Group, primarily an insurance company, to exit broadcasting.
10/19/07 TVBR #205
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TVBR Classifieds
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New Listing
General Sales Manager
KSBI-TV, Oklahoma statewide independent network, is seeking an experienced GSM. Candidate with proven track record. Key is to have knowledge is sales strategy with contacts in national and regional business. Bachelor's degree in Marketing, Management or Business preferred. Enjoy making a great income. Opportunities are tremendous. See TV Careers
Additional Positions
Available in TVBR Classifieds.
See TV Careers.
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to fill the important position at your organization? TVBR Classifieds, Results with Service. Contact April McLynn at classifieds@rbr.com
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