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Volume 22, Issue 245, Jim Carnegie, Editor & Publisher

Friday Morning December 16th, 2005

TV News®

Time Warner first out of the gate
with family tier proposal
Cable MSO Time Warner is the first cable company to provide a look at a tier of family-friendly programming. To get the 15-channel offering, subscribers will likely have to get a system's digital service and - - get ready for howls from the watchdog community - - they'll likely have to come up with 12.99 over and above the regular basic cable fee. TW said the average basic fee is about 12 dollars and a digital box generally runs around eight bucks a month. TW also released a channel lineup. Directly targeting kids are Boomerang, Discovery Kids, Disney Channel, Nick Games & Sports and Toon Disney. Also included in the package are C-SPAN 2, C-SPAN 3, CNN Headline News, The Science Channel, DIY Network, FIT-TV, Food Network, HGTV, La Familia and The Weather Channel. The service will be called the "Family Choice Tier," and includes channels that run programming that can be expected to be G-rated and which generally do not feature unpredictable live entertainment content.

TVBR observation: We can almost hear the keyboards grinding - - probably everywhere from PTC to the Consumers Union. What??!! We are forced to subsidize the filth on the basic basic tier, and then pay even more than the filth costs to get our family package??!! The outrage!! Just watch.

Nets, advocacy groups cut kidvid deal
The four big broadcast networks, a number of cable companies and child advocacy groups have agreed to a compromise which, if acceptable to the FCC, could head off a court challenge to the rules proposed kicked off by a 5-0 8th Floor vote back in September 2004. Broadcasters would get relief from a ruling which counts promotional spots for other network shows as commercial time - - they are limited to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. Also, although not conceding the FCC's authority to make any rules concerning related websites, they would avoid linking directly to any other sites which use a program for advertising and marketing purposes. Another benefit for broadcasters would be increased latitude to preempt children's programming to make room for sporting events, said to be a particular concern on the west coast.

Zucker moves up again
NBC Universal has realigned its TV operation, giving Jeff Zucker the title of CEO of the newly integrated NBC Universal Television Group, with Randy Falco as President & COO. For the first time, NBC Sports boss Dick Ebersol and O&O stations chief Jay Ireland will report to Zucker and Falco. The realignment expands the responsibilities of both Zucker and Falco, although Falco will now report to Zucker, rather than directly to NBC Universal CEO Bob Wright. Zucker had previously been President of NBC Universal Television, primarily overseeing content. That will still be his main focus, although he's now responsible for all aspects for the TV operation. Falco's previous title had been President, NBC Universal Television Networks Group. He'll continue to run the network businesses, but also take on oversight for the O&O group and all other facets of the TV business. At the same time, NBC Universal announced that Beth Comstock had been appointed to the newly created position of President, NBC Universal Digital Media and market Development. She will report to Wright and her areas of responsibility will include digital media, strategic marketing, television research, television advertising and promotion and communications. Comstock was previously Chief Marketing Officer for General Electric, parent company of NBC Universal.

New Orleans TV ratings still in doubt
When will the New Orleans market be back close enough to normal for audience ratings to resume? Nielsen met with stations, ad agencies and other clients this week in New Orleans for one in a series of continuing discussions of when and how to resume TV ratings in the market. The big question right now is the February sweeps. Nielsen spokeswoman Kerry Keilar tells RBR/TVBR the decision will be made in the next couple of weeks whether there will be February ratings in the New Orleans market, which encompasses 12 parishes in Louisiana and two counties in Mississippi. Some were damaged more than others, but Nielsen wants a representative sample throughout the market. At this point, only about 100 of the market's normal 400 meters are delivering data, which is not enough to produce good data. One possibility being considered is to do February sweeps ratings with diaries only. But even then, telephone recruiting is a problem, because many areas are still without phone service. Keilar says there's one thing that everyone agrees on: "We won't release anything that below statistical standards." The problems are much the same for Arbitron, which has already announced cancellation of its Winter radio ratings survey in New Orleans (12/9/05 RBR #240).

GE owners to meet in Philadelphia
NBC Universal parent General Electric tries to hold its annual shareholders meeting in a different city each year to highlight a different segment of the company. While there is an NBC O&O (WCAU-TV) in the City of Brotherly Love, it will not be the focus of the upcoming gathering. Rather, it will be GE Infrastructure, Water & Process Technologies, which is headquartered in Trevose, PA. The GE annual meeting will be April 26, 2006 at the Pennsylvania Convention Center.

When will the public get to see federal justice served?
Despite congressional support for opening federal courtrooms to broadcast cameras and microphones (11/11/05 TVBR #222), the legislation faces an uncertain future and there are indications that the folks who run the federal court system - - the justices of the US Supreme Court - - remain opposed to the whole idea. Attorney Mark Allen, who also happens to be President & CEO of the Washington State Association of Broadcasters, says the justices' opposition is based on arguments which don't hold water.
| Read his commentary |

Adbiz©

Ford to renew ads in gay publications
Ford, which recently decided to pull its Jaguar and Land Rover advertising from gay and lesbian magazines under possible pressure from a conservative Christian group, reversed course after a conference this week with GLBT groups (12/14/05 RBR #243), Ford, according to a WSJ story, said it would place corporate ads in these publications, including the Advocate and Out national magazines. Ford, in a follow-up letter sent after the meetings, explained Jaguar and Land Rover had made independent business decisions about their media plans. "However, it is clear there is a misperception about our intent," wrote Joe Laymon, Ford's group VP/Corporate Human Resources. "As a result, we have decided to run corporate ads in these targeted publications that will include not only Jaguar/Land Rover, but all eight of Ford's vehicle brands."

What increases are being paid for the 2006 radio upfront?
Now that the 2006 network radio upfront is getting finished but is still hot, we thought we'd get a few opinions on how it's going - - up, down, flat, and why. What increases, if any, are being paid? (continued from yesterday).

Observes Natalie Swed Stone, US Director, National Radio Investment, OMD:
"The upfront marketplace is moving more slowly than in previous years - - and softer than expected. Generally advertisers seek to take advantage of upfront pricing in a strong market to hedge against higher scatter prices expected later in the year. Since business has been on the soft side all year and consistently reported that way, advertisers may feel no urgency to place business now. They may prefer to take their chances and book later as their business warrants - - and budget allows. There is still considerable radio interest from clients, but one thing seems certain - - plans change - - much more fluidly than in previous times. Consequently, budgets planned aren't there - - and good surprises happen also - - but all closer to air - - not far in advance. The networks are correct in their assessment of an uncertain marketplace - - wise to play their cards cautiously - - rather than over-aggressively - - we all need to be nimble and flexible to accommodate the changes."

What's the sales side saying about the 2006 radio upfront?
RBR/TVBR asked the sales side of the desk about how negotiations are going for the 2006 network radio upfront as well. We've heard from buyers for a week now, so here's an active seller's take. Says David Landau, Co-President/CEO, Dial Communications-Global Media: "The network radio upfront is late, but our volume appears to be strong and active. Retail is a very big category and the companies that have female demographics and RADAR inventory are doing very well. It's a far more complicated answer than giving a snapshot of the minute."

Media Markets & MoneyTM

Gannett doubles in Denver
Gannett announced that it has a deal to buy KTVD-TV (Ch. 20, UPN) Denver from Channel 20 TV company and Twenver Broadcast Inc. The deal will create a duopoly with KUSA-TV (Ch. 9, NBC) - - the second duopoly for Gannett. The price was not immediately disclosed.

Key West seller keeps a hand in
William de la Pena's Sonia Broadcasting will collect 36M and keep 12M worth of equity in an armada of indy Hispanic TV stations stretching from Pompano Beach all the way down to Key West - - all part of the Miami DMA. Key West is home to the crown jewel of the mostly-low-powered fleet - - WGEN-TV. The buyer of the 75% de la Pena is not keeping is Alejandro Santo Domigo's Mapale LLC. There is an additional cross-ownership aspect to the deal - - Santo Domingo owns 75% of El Dorado Corporation, which owns WSUA Broadcasting Corporation, which in turn owns WSUA-AM in Miami. WGEN-TV, on Channel 8 and DT 12, which comes with eight LPTVs, is the key since it can demand cable carriage to any system in the sprawling DMA to which it can deliver a usable signal. The other stations are WGEN-LP (Ch. 55 with CP for Ch. 30) in Miami; WDLP-LP (Ch. 21 with CP for upgrade) in Pompano Beach-Miami; W38AA (Ch. 38), W63AL (Ch. 63) and W65AP (Ch. 65 with CP for Ch. 21), all in Marathon; W39AC (Ch. 39) in Key West; and W54BB (Ch. 54 with CP to move to Miami on Ch. 49) and W64AN (Ch. 64 with CP for upgrade), both in Rock Harbor.

Washington Beat

Bush promotes FOIA fulfillment
Although the George W. Bush administration has earned a reputation for secretiveness, part of which was an apparent reluctance to put much of a priority on responding to requests under the Freedom of Information Act, that is about to change, on orders of no less than the President himself. Bush has ordered that all federal agencies create service centers and appoint personnel who will specifically be responsible for handing FOIA requests. According to reports, there is no standard for FOIA from one agency to another. This order would direct a senior official at each to head up an FOIA department, creating a single reference point at each - - something lacking currently, often leaving would-be requesters at a loss where to even start their search. Mark Tapscott, the director for the Center for Media and Public Policy at the Heritage Foundation, noted that this would reverse a John Ashcroft policy instituted in the early days of the administration which tended to presume against providing info. "This is an encouraging step because the Bush White House recognizes that there is a problem with FOIA," he said. However, he said that it may not make much difference knowing where to go if it is still easy for agencies to cubbyhole certain documents away from public scrutiny regardless. Nonetheless, it was seen as a good move by at least one journalist organization. "This is a good first step, showing that the administration recognizes the public need for greater transparency," according to Reporters Committee Executive Director Lucy A. Dalglish. "The administration seems to recognize that in the post-September 11 period, not enough information has been getting out."

Programming

NBC will do football big time
Now that it's back in the game, NBC is planning to go whole hog with Sunday night NFL coverage - - not just the Sunday evening play-by-play, but also a prime-time "Football Night in America" (FNA) studio show before each game. FNA will encompass more than four hours of NFL coverage on Sunday nights, hosted by Emmy Award-winner Bob Costas. The prime time football block includes the primetime studio show at 7 pm (ET), followed by "NBC's Sunday Night NFL Football," beginning with the 2006 NFL season. "Through the years, network studio shows have only been able to serve as previews to the upcoming afternoon games. 'Football Night in America' will be network television's first primetime football studio show. It will be the destination for viewers to gather for their first complete look at all the day's games, and be the first to react to news and issues generated that day and to provide highlights and in-depth analysis of the games of the day," said Dick Ebersol, Chairman, NBC Universal Sports & Olympics. FNA will be produced by David Neal and Sam Flood.

Network LIVE and DIRECTV
announce programming deal
Network LIVE, a joint venture between AOL, XM Satellite Radio and AEG, and DIRECTV, announced a deal to provide DIRECTV customers with exclusive, entertainment programming, created and distributed by Network LIVE. As part of the agreement, Network LIVE will become the music and live entertainment programming partner for DIRECTV, and DIRECTV will serve as Network LIVE's exclusive first-window television partner. The official launch of Network Live programming on DIRECTV will take place in March on channel 101 in standard definition and 401 in HD. Through the agreement, DIRECTV customers will be able to view live premiere performances from the most popular and breakthrough artists of today. DIRECTV's customers will also get a 'sneak peek' of the Network LIVE content beginning in December on DIRECTV channel 124, with DIRECTV running an exclusive performance from the John Mayer Trio. Customers subscribing to any DIRECTV TOTAL CHOICE or DIRECTV SELECCION programming package will have access to Network LIVE at no additional cost. Financial terms were not disclosed.

Ratings & Research

Wheel and Raymond back on top
"Wheel of Fortune" and "Everybody Loves Raymond" tied for the spot at the top of the list in the latest week's syndicated TV ratings, supplied by the Syndicated Network Television Association (SNTA) from Nielsen date. "Oprah" dropped from #1 back to a tie for third with "Judge Jusy."
| View the Chart |

Nielsen: Classic holiday specials
still very popular with kids
'Tis the season once again for television's classic holiday specials, as several of TV's perennial favorites scored big with children of all ages in the seven local markets (Boston, New York, Los Angeles, Chicago, San Francisco, Washington, DC and Philadelphia) where Nielsen has introduced Local People Meter service. In the 40 years or more that these four Christmas classics ("A Charlie Brown Christmas," "How the Grinch Stole Christmas," "It's a Wonderful Life" and "Rudolph the Red-Nosed Reindeer") have been presented on television, this is the first Holiday season that local demographic ratings have been widely available. Because December is not a traditional "sweeps" month, Nielsen was unable to provide demographic info on local programming until it introduced its LPM service. The LPM info demonstrates the enduring appeal of the four classic specials, whose popularity appears to be driven by Baby Boomers watching these programs with their children. Among the four specials, "A Charlie Brown Christmas", which celebrated its 40th anniversary on television this year," had the highest overall average ratings, with "Rudolph the Red-Nosed Reindeer" scoring highest with kids.
| By show, highlights of these ratings |

RBR - Radio News

The Media Audit/Ipsos challenge PPM
Besides Arbitron, we know for sure of one more entry into the Clear Channel radio ratings derby, where entries were due yesterday. The Media Audit has teamed with the UK's Ipsos to propose their own passive measurement challenger to the Portable People Meter. As we reported yesterday (12/15/05 RBR #244), Ipsos is one of four companies which has a passive meter system in operation, although still in the testing phase at this point. Rather than having a proprietary hardware device for panelists to carry, Ipsos loads its software onto Smart Cell Phones to monitor exposure to audio media. It will measure each individual's exposure to radio, other electronic media, the Internet and out-of-home sources that are being measured. It also has the facility to track retail shopping patterns via a GPS system. What makes The Media Audit/Ipsos system different from the other three is that it uses two ways of measuring audio exposure - - encoding (like PPM), plus sound matching (like the other two) as a backup. The idea is to record with great accuracy listening to encoded stations, then try to fill in the blanks for stations that don't or won't encode. "The new system will go way beyond the traditional AQH/Cume audience definitions that in some ways have limited radio's ability to increase its share of ad dollars. The new system will help re-define radio and its value in the context of its role in a multi-media mix and how it targets specific consumer groups," said Bob Jordan, President of International Demographics Inc., publishers of The Media Audit. He plans a US field test of the Ipsos software in mid-2006.

RBR observation: How many times at how many PPM presentations by Arbitron have we heard someone ask, "Why don't you just put PPM in a cell phone?" It seems like a good idea, but Arbitron officials have always expressed concerns that there are many places where cell phones are not allowed, but they hope PPMs will be. As for Smart Cell Phones, there aren't very many out in use yet by US consumers, so The Media Audit would have to pass out the expensive devices to make its system work. "In time they will increase in penetration," Jordan told RBR. And to Jordan's statement RBR agrees that in time it may happen as it will take lots of time and lots of money to get an entire cell industry to get on board. Now it will be interesting to see what the honchos at Clear Channel say on their entries and where they will put their money. But one thing is for sure and you can bet money on this statement - 'Time waits for no one.'

Stock Talk

Stocks slip
Good news on the inflation front failed to inspire Wall Street traders. The Dow Industrials were virtually unchanged, falling two points to 10,882.

Most TV stocks were lower. LIN fell 4.3% as Merrill Lynch cut its rating to "sell."

Stocks

**Here's how stocks fared on Thursday**
Company	Symbol	Close		Change	Company	Symbol	Close		Change
Acme	ACME		3.63	+0.02	Media General	MEG		50.74	-0.13
Belo	BLC		21.32	-0.37	Meredith	MDP		51.70	-0.15
Clear Channel	CCU		32.80	-0.24	News Corp.	NWS		16.76	-0.09
Disney	DIS		24.74	-0.26	Nexstar	NXST		4.37	-0.41
Emmis	EMMS		20.03	-0.06	NY Times	NYT		27.53	-0.08
Entravision	EVC		7.28	+0.03	Paxson	PAX		0.99	+0.02
Fisher	FSCI		45.20	-0.03	Saga Commun.	SGA		11.45	-0.32
Gannett	GCI		61.42	+0.04	SBS	SBSA		5.29	+0.03
Gen. Electric	GE		36.00	+0.23	Scripps	SSP		46.59	-0.33
Granite	GBTVK		0.22	unch	Sinclair	SBGI		9.72	-0.11
Gray	GTN		10.15	-0.13	Time Warner	TWX		17.84	-0.05
Gray, C1. A	GTNa		9.64	-0.12	Tribune	TRB		30.89	-0.24
Hearst-Argyle	HTV		23.75	-0.30	Univision	UVN		30.32	-0.56
Jeff-Pilot	JP		56.09	-0.11	Viacom, Cl. A	VIA		33.99	-0.65
Journal Comm.	JRN		14.00	-0.03	Viacom, Cl. B	VIAb		33.95	-0.63
Liberty Corp	LC		47.04	-0.04	Wash. Post	WPO		762.00	+2.30
LIN TV	TVL		12.36	-0.56	Young	YBTVA		2.62	-0.03
McGraw-Hill	MHP		52.48	-0.28	-	-	-	-	-

Bounceback

Send Us Your Opinions We want to
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TV Media Moves

VP of a Lifetime
Maria Grasso has been named to the newly created position of Sr. Vice President, Series Development, at Livetime Television, overseeing development of all scripted programming at the cable net. She previously developed some of the top series for the WB network.

Below the Fold

Media Markets & Money
Key West seller keeps a hand in
William de la Pena's Sonia will collect 36M...

Washington Beat
Bush promotes FOIA fulfillment
Ordered all federal agencies to create service centers...

Programming
NBC will do football big time
Planning to go whole hog with Sunday night NFL...

Ratings & Research
Classic holiday specials
Still very popular with kids...

December RBR/TVBR Digital Magazine

In this issue, we ask for 2006 Wish Lists--everyone from programmers to researchers to radio and media agency CEOs give their take. In AdBiz, we spoke to Sarah Fay, ISOBAR US President about the future of digital marketing. In Streaming, we compared and contrasted two differing measurement methodologies with two of the top rep firms in the space. We also look at the latest in Traffic systems; interviewed Fox News's John Gibson; and learned about WOR-AM NYC's revitalization project. Last but not least, RBR/TVBR looked at the Susquehanna sale to Cumulus and heard from ABC Radio Networks' Dr. Tom Evans about 2006 predictions for radio research.

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December Issue of RBR/TVBR

TVBR Radar 2005

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

Bidding begins for VNU
Nielsen parent VNU confirms that it's gotten multiple buyout inquiries, which its board is considering. It's not saying anything about the bidders, or whether they're being allowed to look at the company's non-public financial details. Indeed, analysts failed to get any hint of any more detail out of VNU CEO Rob van den Bergh. A report in the Financial Times said the VNU board was seeking at least 32 euros per share for the company. TVBR observation: Despite the collapse of the IMS merger, which was vehemently opposed by VNU's largest shareholders, we were surprised to hear van den Bergh mention that VNU is still going ahead to develop "strategic opportunities" with IMS. Does that add fuel to our previous report that IMS may be a bidder for VNU?
12/14/05 TVBR #244

DirecTV fined 5.3M
Federal Trade Commission's largest fine ever for violation of the "do not call" law for telemarketing, with DirecTV paying 5.3 million in civil penalties. The settlement filed in a California federal court names DirecTV and five firms that did telemarketing on its behalf as defendants, along with six principals of those telemarketing firms. In a separate case announced before the FTC fine, DirecTV has agreed to pay five million bucks to customers in 22 states to settle allegations of deceptive marketing practices.
12/14/05 TVBR #243

Clear Channel's spin-out
of CC Entertainment
Renamed to "Live Nation" "LYV" (the ticker symbol) NYSE. Bear Stearns analyst Victor Miller is expecting LYV to trade around 10 bucks - - he gives a range of 8-12. He says the knee-jerk reaction is likely to be to drive Clear Channel's stock price down a buck or so, but he calculates that the real impact should be much less. TVBR observation: Miller has been critical of CCU management in the past - - in fact, he urged an outright sale of CC Entertainment as a better course - - so he's not one to look at the company through rose-colored glasses. As we indicated, his 11-step analysis is too complicated to review in-depth here, so you'll have to contact him if you want to see for yourself.
12/14/05 TVBR #243

MSOs set to unveil family tiers
Reacting to pressure from Capitol Hill, National Cable and Telecommunications Association (NCTA) CEO Kyle McSlarrow told a Senate hearing Monday that several cable MSOs are about to announce family-friendly channel tiers - - but he insisted no new law, such as a la carte, is needed. Likewise, Jack Valenti warned against government intrusion. TVBR observation: Monday's hearing was overwhelmingly focused on cable TV, but Chairman Sen. Ted Stevens (R-AK) did bring up one subject near and dear to the hearts of terrestrial radio and TV broadcasters when he asked about pending bills to dramatically increase indecency fines.
12/13/05 TVBR #242

Publisher observation
On VNU and the attention
Reality time, what is facing the Nielsen side of VNU is going to be difficult with forward motion of 'LPM' and making a decision during the first quarter next year on the Arbitron 'PPM' front as it takes commitment from the top of the company at VNU with technology and money. Not to say the toll it takes on the people inside of Nielsen. Remember this is research not a durable good like a TV station. Research is a fickle business especially when you are the leader as the business executives (the customer) loves you then hates you at any given time. Publishing side - To some extent the same can be said here but to a lesser degree as the money or the prize is Nielsen. Plus, whoever wins the potential battle better know something about the businesses of the titles that are being tossed around for headline attention like Billboard, Hollywood Reporter, Media Week. They look pretty on paper but you better know what the hell you are doing because this is not the old days with those brands. There is tremendous competition on the computer screen(s) today and to print those trade publications mentioned are not getting any healthier as trade publishing print consistently faces difficult time as I personally know from experience as the inevitable decision was faced and made in 2002 by us at RBR & TVBR. Remember expenses will go up for print trade publications just as US Postage prices are rising next year. Under any circumstances VNU bosses have to confront the inevitable and get on the record of attack now on this press coming from the WSJ instead of 'No comment.' TVBR was the first to forecast this show down now the problem is here as the other shoe has hit the floor.
12/12/05 TVBR #241

Four caught in public file dragnet
The FCC will be defraying the national debt to the tune of 40K if the latest quartet of notices of apparent liability on the public file rap stick. All four 10K fine proposals had a children's programming element. TVBR observation: Anyone else notice that if you have one file omission - - worth 10K - - you can have two or even three more at no extra charge. Publisher note: Look for TVBR's Special Report on what you need to know about your Public File and not cost your station a 10K fine. Written for TVBR by FCC leading lawyer Gregg Skall, it will be emailed in a PDF printable format as our Christmas present to you. Only daily members of TVBR will receive this special report. Have it or it could cost you 10K in a fine. To say the least, this report alone is worth the price of a 1 year gold subscription.
12/12/05 TVBR #241

TV getting the snot kicked out of it
At Gannett November TV station revenues were down 3.4% local revenues were up 4.3%, while national fell 14.5% for the month. Then - NY Times declines to give 2006 guidance as the advertising outlook is so uncertain that it can't provide Wall Street with earnings guidance on 2006.
TVBR observation: All in TV get prepared because your day to day life as you once knew it is gone. This year we have heard the Ditto excuses as these mirrored radio of '04 and 05. Look in the mirror and point the finger of blame at yourselves. Now how are you going to improve a new year? First key is Content and less clutter. Just look at radio as this side of the business cluttered themselves to obesity now they are trying every diet possible to lose this clutter weight and it has cost them business - Learn from their mistakes.
12/09/05 TVBR #240

Sales and Marketing
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TVBR Searching for 2
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