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Volume 22, Issue 210, Jim Carnegie, Editor & Publisher

Wednesday Morning October 26th, 2005

TV News®

Hearst to telecoms: United we stand
The cable industry is busy working to shore up its role as primary content gatekeeper to the television sets in most US households. Hearst-Argyle honcho David J. Barrett is suggesting that a new alliance between broadcasters and telecom providers, both subject to CATV blockade attempts, could be a win-win-win for broadcast, telecom and citizens. Addressing a US Telecom Association gathering in Las Vegas, Barrett said, "The timing of your entry into the video distribution business could not be more opportune. Just as you are revolutionizing the way local television signals are distributed to viewers, broadcasters are revolutionizing the content of local television programming. Our new high- definition technology promises to take local television service to a new level. And new compression and 'multicasting' technologies could allow each local television station to broadcast multiple different digital programming streams within a single digital signal." Barrett said it is already technically possible for a broadcast television station to offer high-def streams along with multiple standard digital streams simultaneously. "The programming possibilities are limitless. The future may include gavel-to-gavel coverage of special legislative proceedings, high school sporting events, political debates, and real-time election returns. It is this array of choices and niche programming that viewers may demand. Technology is no longer an impediment, and can bring to life many of these programming possibilities." Calling for a strong alliance, he added, "Given our shared commitment to expanding choice and enhancing content, the sooner we embark on this partnership the better. We are in the throes of a political battle in Washington with your cable and satellite competitors who want to restrict consumer access to multicast programming. If telephone companies can help us secure multicast carriage for all television viewers, you will find broadcasters across America welcoming your arrival to the program distribution market."

Dolans withdraw offer,
Cablevision's stock plunges
The soap opera continues at Cablevision. In the latest installment, the Dolan Family Group withdrew its offer from last June to buy out other shareholders (6/21/05 TVBR #121). That news sent the MSO's stock skidding 13% in yesterday's trading. Instead, the Dolans now want Cablevision to pay out a special one-time dividend totaling three billion bucks on a pro rata basis to all shareholders - - including, of course, the Dolans. Cablevision's board of directors said it would consider the proposal. Moody's Investors Service quickly issued a statement that Cablevision's ratings remain under review for a possible downgrade. Moody's estimates a three billion debt funded dividend would increase debt of the cable operations to approximately 8 times EBITDA from slightly under 6 times EBITDA.

TVBR observation: The Dolans may need that special dividend cash for legal fees. We can almost hear the class action lawyers racing to the courthouse. It was just earlier this month that the Dolans made an SEC filing indicating that a bank consortium was lining up with 6.8 billion to finance the buyout. We wonder, what happened in the past couple of weeks?

Looking forward at the Martin FCC
FCC Republican Chairman Kevin Martin recently sat down with Business Week to talk about general issues facing the Commission. The resulting article and interview provide no surprises to anyone paying attention to this e-space. Broadband deployment remains a primary Commission objective, but several broadcast issues are soon to be front and center again. One of these is indecency. We've heard since summer that some kind of mass ruling, taking in a significant portion of a significant backlog of cases, was imminent. It seems the 8th Floor is still looking for a way to present a ruling which will clarify matters. Martin indicated once again that the cable industry should provide family-friendly program tiers, stopping short of saying he'd impose such a requirement. Also, on the issue of the long-stalled court remand of the 6/2/03 media ownership rulemaking, he repeated pretty much what the court said - - the rules may or may not be flawed. The underpinnings for the rules as written were flawed. He said the FCC will have to collect more information and try to write rules that can be justified by the record.

TVBR observation: Which means, if you're in a hurry for new rules, don't hold your breath. And get ready, America, for another round of the Copps-Adelstein Road Show. Another point - - Business Week noted how Martin has had a great deal of success thus far getting action out of an 8th Floor divided two-two between Democrats and Republicans (in the absence of a fill-in nomination by the White House for a third Republican commissioner). There's no big secret to how he's managed to pull it off - - he's steered well clear of the most controversial issues, the grand daddy of which is the aforementioned ownership proceeding. The real fun will start when they start kicking that political football around again. One final point: Martin is riding high right now due to his forceful and effective reaction to Hurricane Katrina, and rightly so. The FCC is one of the few corners of the federal government which can be proud of its actions in the aftermath of that disaster.

Representatives raking in more cash
Members of the US House of Representatives are outpacing themselves in preparation for the 2006 campaign. In the first nine months of 2005, they've raised 23% more cash over the same period in 2003. The 2005 YTD total is 202.4M. Not surprisingly, most of the money is being drummed up by incumbents. 201 sitting Democrats have raised 69.8M, and 217 sitting Republicans have picked up 95.8M. The tea leaves may be evident in the numbers for non-incumbents. Prospective challengers have raised 29.3M, a 34% increase over the same period in 2003. Democrats have more seats to challenge, of course, and have raised a bit more cash - - 15.5M compared to 13.8M for Republican challengers. However, the Democrat's total is huge - - it compares to only 4.9M raised by this point of 2003. Meanwhile, the Republicans are going in the wrong direction. Their September 2003 total was 16.7M, meaning that the elephants are significantly in the red while the donkeys are in the black by a factor of better than three.

Report: Nielsen parent a takeover target
Has the shareholder revolt over VNU's seven billion bucks deal to acquire IMS Health (1/4/05 TVBR #194) made VNU itself vulnerable to a takeover? The Wall Street Journal reports that a consortium of private equity firms, led by KKR and Blackstone Group, are weighing a buyout bid for VNU. That news sent VNU shares up 2.4% yesterday on the Amsterdam exchange. (VNU's shares do not trade in the US.) In addition to Nielsen Media Research and associated research operations, VNU also has a publication division in the US that includes Billboard, Media Week and The Hollywood Reporter.

TVBR observation: Can't say we didn't tell ya so of a heavy price tag of 7 billion to get a seat on the exchange. Now the hunter becomes the hunted. Maybe someone should call a time out and bring in a new play. KKR doesn't waste time as they are known as 'Barbarians knocking at your Gate.'

RBR Radio News

Stern leaves financial
challenge for Infinity
With an unprecedented task of re-launching 27 radio stations all at once (it wasn't so long ago that a single company couldn't even own that many), Infinity is in line for a financial hit. The question, though, is how much of a hit? Sarah McBride of the Wall Street Journal tried to pin down Joel Hollander during yesterday's telephone press conference, but didn't get any figures. "We view it as an opportunity. Certainly there are some issues on some advertisers that we'll lose, but the bigger opportunity to Infinity is to fish in a pond of advertisers that we were not able to secure on the Howard Stern show before - - whether they're the American Expresses, they're banks, airlines, Mercedes Benz, there's millions of dollars that have been spent in radio over the last 20 years and people that would not want to advertise in that content. We think the shows that we've put on the air are going to be very compelling and we're not sure exactly what percentage that's going to be at this time, but we absolutely believe there's going to be an opportunity for all of those categories going forwards," Hollander insisted.

RBR observation: The 100 million in annual advertising that Infinity's stations book for Stern's show may not even tell the whole story. Some of those stations are so dependent on Stern that a considerable amount of their ad sales for other dayparts come from package deals that advertisers have to take to get their spots on the sold-out morning show. At least now sales staffs at those 27 stations know what it is they're supposed to be selling for January (and some even sooner). And then there are the syndication revenues. Some of that will be replaced by syndication of the new shows to non-Infinity stations by Westwood One (Hollander says to expect announcements soon). But all of that will take time and, for now, no one can predict what audience numbers Roth, Carolla and Rover will generate for Infinity's stations or anyone else's. What is certain is that the biggest revenue hit will come in Q1 of 2006, coincidentally the first quarter for CBS Corp. to fly solo from Viacom. CEO Les Moonves and CFO Fred Reynolds are soon going to have to have some real numbers from Hollander in order to give guidance to Wall Street on Q1 for their new company. So if you are really interested in one conference call to start your 2006 New Year off with a bang this one will be it but in the mean time watch out as next Tuesday, 11/1/05 8:30am Viacom will get a taste from Wall Street on what is to come as Sumner Redstone and Moonves will report Viacom's Q3 earnings. Today's conference call was just for reporters not the money people that report to shareholders cause someone is going to want to know about the 100 million up for grabs and how Infinity is going to protect that revenue especially with such a long notice that Stern was leaving. RBR sees 2006 the year of what we entitled - A religious experience. Ps: Hey Infinity is not alone in this boat as many CEO's will be held accountable, a word we have not heard much of this year - accountability.

Adbiz©

Stern replacements to see new ad contracts?
In a press conference yesterday detailing Howard Stern's replacement strategy, Infinity CEO Joel Hollander said that while Stern generated 100 million in annual revenue, his departure means new advertisers might be interested in the morning drive replacements across the country: "Certainly, there are some advertisers we will lose, but the bigger opportunity to Infinity is to fish in a pond of advertisers that we were not able to secure on The Howard Stern Show before. Whether they are American Expresses, banks, airlines, Mercedes-Benz, there are millions of dollars that have been spent in radio over the last 20 years, and people that would not want to advertise in that content. We think the shows that we've put on the air are going to be very compelling. We're not sure exactly what percentage that's going to be at this time, but we absolutely believe there's going to be an opportunity for all of those categories moving forward." The outline above in Radio News shows Joel Hollander's salt on the matter of ad contracts but RBR asked Matt Feinberg, SVP/National Radio, Zenith Media Services for his quick take: "I think Joel is right. I mean Howard was a tough ticket. I've been working in this business 15 or so years and I've only been involved with a Stern campaign once in a big way, six years ago. So I think he's right - - these new shows do represent new revenue streams for him. The question is will the aggregate revenue equal what Howard brought in? I think it's exciting what he's doing. Probably not all of those personalities are going to pan out, there will be some retooling, but that's to be expected. There could be some syndicated extensions of what they're doing, if they really kick butt, who knows?"

David Verklin:
Mastering a digital future - - Part II
(from our July RBR/TVBR Solutions magazine)
David Verklin, CEO of Carat Americas, runs the largest independent media services company in North America, sporting 6 billion in billings annually. David shepherds over 350 clients including Pfizer, Procter & Gamble, RadioShack, Adidas, Hyundai, New Line Cinema, Electronic Arts, Kia, Black & Decker, Marriott and Philips Electronics. Here, David talks about the biz, with a special focus on his passion, new digital technologies and the marketing that goes with it.

The last time we talked, you said you get a briefing
at least once a day on what's going on digitally, the latest headlines.
Everyday, everyday, one part of our business or another. Be it Mitch [Oscar, EVP/Carat Digital], who is briefing me on what I call new advertising technology. Mitch is looking at new advertising technologies, from addressable to broadband, which I think is an opportunity to my Carat Digital to Carat Interactive guys, Isobar [Carat's interactive and digital media arm], other people. So everyday I'm trying to get briefed on something. Truthfully I think you almost need it to stay on, it's just moving so fast. There's new stuff every, everyday that I just need to be up to speed on.
| Read More... |

Media Markets & MoneyTM

Gannett adopts new voting rule
In a move to further embrace pro-shareholder principles of corporate governance, the board of directors of Gannett has approved a provision that puts some teeth into "no confidence" votes by shareholders. In any uncontested election, a nominee for director who receives more "withhold" votes than "for" votes must submit a letter of resignation to the board's nominating and public responsibility committee. The committee will then recommend action on the letter to the full board. "Today's amendment gives shareholders a greater voice in the election process, which is good corporate governance and good for the company," said Gannett President and CEO Craig Dubow, who is a member of the board.

TVBR observation: To the best of our knowledge, there has never been a case at any public corporation in a board election without competing slates where a director nominee received less than 50% of the votes cast. Even the massive revolt against Michael Eisner at Disney two years ago didn't quite reach that mark. Nevertheless, it seems incredible that at most corporations a director would remain on the board even if 99% of the shareholders withhold their votes.

Washington Beat

FEC must get started on rewrite
The US Court of Appeals for the District of Columbia Circuit is ordering the FEC to hunker down and take the Bipartisan Campaign Reform Act closer to the way sponsors John McCain (R-AZ), Russ Feingold (D-WI), Chris Shays (R-CT) and Marty Meehan (D-MA) wanted it taken. That means closing loopholes. The actual ruling in question was made back in September 2004 - - the current action was a refusal by the court to reconsider its prior rewrite order. Democracy 21 President Fred Wertheimer, who is on the legal team working on the Shays and Meehan challenge to the FEC's enforcement of their legislation, notes that the FEC was ordered back in 9/04 to get to work expeditiously to ensure that a fix was made in time for the 2006 election cycle, and notes that FEC's legal foot-dragging has put that in jeopardy. Wertheimer said, "All of this raises very serious questions about whether the FEC has failed to comply with the judge's order to proceed with 'reasonable expediency.' It is essential for the FEC to move immediately to comply with Judge Kollar-Kotelly's order and to adopt new regulations that are effective for the 2006 elections."

Ratings & Research

CBS rules again
For the second straight week CBS won the 18-49 derby as well as the overall race, with ABC a close second for the big money demo. For Households, CBS scored an 8.6 rating and 14 share, followed by Fox 6.9/11, ABC 6.8/11, NBC 6.3/10, WB 2.4/4, UPN 2.3/4 and i 0.4/1. Fox's strength came from the World Series, although game two only made it to 8th place (game one was 17th). CBS's "CSI" was still #1.
| View the Numbers |

Carat reups with Nielsen Monitor-Plus
Nielsen Monitor-Plus, the advertising intelligence service of Nielsen Media Research, announced today that it has signed a multi-year renewal agreement with Carat USA, to be the agency's provider of advertising information services. Under the multi-year agreement, Nielsen Monitor-Plus will continue to supply U.S. competitive advertising intelligence to Carat USA. Nielsen Monitor-Plus also provides advertising info to Omnicom, Starcom MediaVest Group, Mediacom, and MPG. Other recent agency wins include Dailey & Associates, Crispin Porter Bogusky, The Vidal Partnership, Colle+McVoy, Dieste Harmel Partners, and Zubi Advertising.

Marketing

AWRT names top 20 women in sales & marketing
American Women in Radio and Television (AWRT) has announced its 2nd Annual "Sales & Marketing Women Who RULE in Radio & Television." This year, AWRT received a record number of outstanding nominations from AWRT members and supporters from across the nation. By vote of AWRT members, here are the "best of the best" in radio and television.
| The List |

Special Report from Telecom '05

Cable is yesterday's technology
Attorney Gregg Skall of Womble Carlyle and Don Hicks of the Missouri Broadcasters Association are attending Telecom 05 in Las Vegas, a major trade show for the telecommunications industry, and filed this special report.

The picture emerging from Telecom 05 is that cable is past its prime as a dominant video delivery system. Telcos are on the horizon and with unlimited broadband capacity in an IP delivered world and this could provide a critical opportunity for broadcasters by combining their unique ability to create high interest, local content. Most speakers here agree that the content owner is in the driver's seat, and that puts broadcasters in a very good position in the new world order. Telco executives, whose forbears said they never wanted to be more than common carriers of messages for others, are talking about being very serious video programming providers.

TVBR (Skall/Hicks) Observation: It only takes a few of these sessions and a stroll through the exhibit hall before it smacks you in the face:
| Read More... |

Transactions

1 KOCV-TV Odessa-Midland TX (Odessa TX) from Extor County Independent School District (Wendell Sollis) to Permian Basin Public Telecommunications Inc. (John H. James et al). Cash plus ongoing provision of educational opportunities of students of ECISD and other similar considerations. LMA until closing. Noncommercial Channel 36 (DTV 22). [File date 9/28/05.]

Stock Talk

Confidence down, stocks down
A drop in the Conference Board's Consumer Confidence Index sent stock prices slightly lower on Tuesday. The Dow Industrials dropped seven points to 10,378.

Most TV stocks were lower. Nexstar fell further into penny stock territory, dropping 4.7%. Gray Television was the worst performer, with its common down 5.4% and Class A off 4.3%.

Stocks

**Here's how stocks fared on Tuesday**
Company	Symbol	Close		Change	Company	Symbol	Close		Change
Acme	ACME		3.90	-0.01	Media General	MEG		53.35	-1.65
Belo	BLC		21.16	+0.12	Meredith	MDP		49.65	-0.38
Clear Channel	CCU		30.83	-0.08	News Corp.	NWS		15.30	-0.25
Disney	DIS		23.52	+0.22	Nexstar	NXST		4.70	-0.23
Emmis	EMMS		19.45	-0.60	NY Times	NYT		27.31	+0.01
Entravision	EVC		7.62	-0.07	Paxson	PAX		0.44	+0.01
Fisher	FSCI		48.00	+0.36	Saga Commun.	SGA		12.63	-0.19
Gannett	GCI		62.76	-1.10	SBS	SBSA		6.27	-0.21
Gen. Electric	GE		33.91	-0.22	Scripps	SSP		45.79	-0.32
Granite	GBTVK		0.24	unch	Sinclair	SBGI		8.50	-0.11
Gray	GTN		9.37	-0.53	Time Warner	TWX		17.54	-0.12
Gray, C1. A	GTNa		9.00	-0.40	Tribune	TRB		31.29	-0.08
Hearst-Argyle	HTV		24.10	-0.40	Univision	UVN		25.54	+0.14
Jeff-Pilot	JP		53.39	-0.13	Viacom, Cl. A	VIA		31.09	-0.17
Journal Comm.	JRN		14.06	-0.20	Viacom, Cl. B	VIAb		31.04	-0.12
Liberty Corp	LC		45.57	-0.01	Wash. Post	WPO		770.50	+3.25
LIN TV	TVL		12.80	-0.20	Young	YBTVA		2.63	-0.01
McGraw-Hill	MHP		48.41	+0.25	-	-	-	-	-

Bounceback

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

It may be true that the MRC has fallen behind the times (10/25/05 TVBR #209), and perhaps it should be overhauled given the changing technology and viewing behavior...although the Federal Trade Commission recently completed a review of the MRC and did not see the need for any changes. Regardless I think if we checked though, given it's original mandate it is inappropriate to add "representatives of the public interest" to the MRC as this is quickly going to add political overtones to an already complicated and clunky system. And as a broadcaster I think many of us may support giving the advertiser reps voting parity on the MRC as soon as they reach parity on subscription COSTS. In other words, broadcasters have historically paid the lion's share of the Nielsen tab. Not the advertising community... the broadcasters. Agencies and buyers are certainly important, but they do not bear the financial brunt of Nielsen costs like the broadcasters do. Of course the ad buyers want accurate measurement - - we all do. But the ad community also wants to drive down costs, while broadcasters want, and pay heavily for accurate, consistent measurement so they can run their businesses. Until the advertisers start sharing equally in the actual cost many broadcasters remain suspect of their motives when it comes to measurement. Now the Nielsen-funded task force wants more voices on the MRC. To what end? Why is the MRC even in question? The question is whether or not MRC recommendations have teeth, not who comprises the MRC.

Anonymous
(Highly respected by RBR/TVBR's publisher)

Below the Fold

TVBR Special Report:
Cable is yesterday's technology
TVBR observation: There is a robust business already in progress supplying mature technology for IPTV and VOD.

Washington Beat
FEC must get started on rewrite US Court of Appeals for the District of Columbia Circuit is ordering the FEC to hunker down

AdBiz
Ad Close-up with David Verklin, CEO of Carat Americas Part 2 - Mastering a digital future

TV Media Moves

Neal to Africa Channel
Veteran TV producer Shirley Neal has joined The Africa Channel as Vice President of Production and Development. Neal will be responsible for production of original content for The Africa Channel, overseeing network operations, as well as scheduling of shows already on the network.

Girard heading HGTV
Scripps Networks has named Judy Girard President of HGTV, the company's flagship cable TV network, effective November 14th. Girard is currently at co-owned Shop At Home, where she retooled the shopping net. At HGTV she succeeds Burton Jablin, who was promoted to Executive VP in December (12/16/04 TVBR #244).

Radio One
banks on Banks
Ian Banks has been named Director of Sales for the Indianapolis cluster of Radio One - - four radio stations and an LPTV. He had previously been National Sales Manager for Bonneville in Chicago.

Gertzog to NJBA board
Joshua Gertzog, Senior Vice President/Market Manager, Nassau Broadcasting has been named to the New Jersey Broadcasters Association Board of Directors. He fills the slot left vacant with the resignation of Don Dalesio, also of Nassau Broadcasting.

Powell becomes senior advisor to Reactrix
An new innovation in outdoor advertising is about to go to test in the top 10 metros, and ex-FCC Chairman Michael Powell will be along for the ride. He has agreed to join the firm as a senior advisor. According to a release, here's the company's m.o. "Combining digital image projection and visioning technologies, the company's proprietary system projects vivid, interactive branded images that instantly respond to people who walk by or gesture over the display area, creating an 'immersive' media experience that makes floors, walls and tabletops "come alive."

TVBR Radar 2005

Television News you won't read any where else. TVBR--First, Accurate, and Independently Owned.

What broadcasters
can learn from Telcos
A telephone industry convention, because so much of this convention is devoted to IPVideo delivery and the entry of telephone voice providers into the broadband "Triple Play" or "Quadruple Play" of Voice, Data, Video and Wireless delivery. From a cursory look at the schedule for this conference it becomes clear that telephone sees video delivery, and most likely Video on Demand (VOD) as their next big market.
TVBR observation: Are TV broadcasters asleep at the switch? Cable and now, telephone are moving far out in front, are lining up the program creators like television networks and Hollywood studios, and now the newer creative content providers.
10/25/05 TVBR #209

Hello Mr. Rupert,
We say Welcome to America
News Corporation's first shareholder meeting as a US-incorporated company on Friday was a bit of a circus, with shareholders berating CEO Rupert Murdoch for such things as poor returns, refusing to let them vote on the company's poison bill and his own not having to stand for election until 2007.
TVBR observation: The key is view this new circus tent open up. Now we have two - Sumner Redstone and now - Welcome to the Circus Mr. Rupert.
10/24/05 TVBR #208

DTV-Day moves
toward a date certain
The Senate Commerce Committee read out a DTV bill which establishes the deadline for the return of analog spectrum by television broadcasters of 4/7/09, as expected. An amendment from John McCain (R-AZ) which would have moved the date forward two years, to 4/7/07, was defeated. TVBR observation: Stevens made no bones about the fact that the committee was considering a stripped-down bill. Many contentious issues were set aside for separate consideration, not the least of which is the issue of multicast must carry. Stevens promised to get into the next round of DTV legislation as early as next week. As for the DTV bill part one, it's on to the Senate floor, then conference committee, then the White House.
10/21/05 TVBR #207

Nielsen clarifies
Fusion vs. Apollo pitch issue
Nielsen in the past several weeks has begun pitching clients on a "new research product designed to provide similar data as Apollo, but using a controversial method known as Fusion." TVBR needed this clarified so we asked Nielsen Chief Research Officer Paul Donato and SVP/Client Insights Howard Shimmel if this was true and to explain to the entire media business and take the Confusion out of Fusion. TVBR observation: Worth a read and get your personal business insight and learn. It is One on One detailed.
10/21/05 TVBR #207

Nexstar wins retransmission
standoff with Cox Cable
CEO Perry Sook had been standing firm since January, the network affiliate stations that Nexstar owns or manages for Mission Broadcasting could not be carried on Cox Communications cable systems in several Texas and Arkansas markets unless Cox agreed to pay compensation for retransmission consent. Cox refused, as did Cable One in other Nexstar markets, and cable customers have been without those local stations for nearly 10 months. But the signals are back on in the Cox markets.
TVBR observation: No doubt hundreds of other TV owners and managers will be calling Sook and Lammers with thanks and congratulations - - and advice on how to go forward with their own retransmission consent negotiations. They took a big risk by deciding to become the industry's guinea pig - - and it has paid off. Most other TV companies have at least some of their retransmission consent agreements coming up for renegotiation in 2006. For those who don't have a cable card to play, which will soon include CBS, the rules of the game have been changed.
10/21/05 TVBR #207

Stevens wants 3B DTV subsidy
Three billion bucks is the subsidy amount Sen. Ted Stevens (R-AK) says he'll proposed today as the Senate Commerce Committee marks up legislation which would set a firm deadline for the conversion to digital television (DTV). The subsidy would be used to help lower income people pay for the conversion boxes needed to receive broadcast TV when analog signals are shut off so the spectrum can be auctioned by the US Government. MBR observation: Wow 3 billion bucks seems it would be cheaper to buy everyone a new TV set than underwrite this as between now than 2009 most consumers are watching and waiting for the prices to drop - which they are - so next year or year after people will buy new TVs, Flat screens because they want quality and many are willing to pay for it if the price is right. Talk about fleecing America - hey NBC Nightly News should do a piece report on this.
10/20/05 TVBR #206

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