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Volume 24, Issue 84, Jim Carnegie, Editor & Publisher
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Monday Morning April 30th, 2007
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TV News ®
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 Will FCC need a
violence amendment?
Everybody has an opinion on the FCC's recommendation to Congress that it come up with enforceable restrictions on broadcast violence. Some think such regulation is long overdue, while others see it as a full-frontal assault on the First Amendment. Let's focus on one this morning: Morality in Media. The media watchdog said that the FCC "is to be commended" for the report, but correctly, we think, added that "a constitutional amendment may be needed to protect children from violent entertainment." MIM's Robert Peters said that when protecting children, the government should have some leeway regarding protected speech, but "These days the Supreme Court also applies 'strict scrutiny' to laws that restrict speech based on content, and as the Court has said, 'it is rare' that any such law 'will ever be permissible.' One way to overcome this Supreme Court-imposed roadblock is to add a Justice or two who still have some common sense. Failing that, the Constitution will have to be amended to clarify that the First Amendment does not prevent government from enacting reasonable legislation to protect children from entertainment that is harmful to them." Peters concludes that blocking technologies aren't enough, since "...wise consumer choice depends on wise parents, which not every child is fortunate to have."
TVBR observation: Freedom of speech. Use it wisely, or we take it away. Is that what the Founding Fathers intended? But forget about all that. Let's say we grant the FCC's wish and eradicate violence from television. It's gone. Does anybody out there really believe that suddenly all of society's ills will by cured? Does anybody out there seriously believe that ANY of society's ills will be cured? Of course they won't, and that means that broadcasters are once again being used as a convenient scapegoat. Look at MIM's closing point - inattentive parents may allow their children to see violent programming. Don't you think the child's problem is inattentive parents? Whether the kid watches TV or not, the parent problem is what needs to be addressed, and if you know how to do that let us all know so we can begin polishing your Nobel Prize for immediate delivery. But do not monkey around with a foundation stone of the world's greatest democracy to pursue a policy for which has zero chance of success.
Wall Street pressure to spin NBC
General Electric stock jumped a buck on Friday after Citigroup analyst Jeffrey Sprague issued a research report that called on GE to set free three units which are not core to the industrial giant. One of those is NBC Universal, which Sprague said "has no meaningful synergy with the rest of the portfolio." He also recommended divesting the real estate division and GE Money, the personal finance and small business lending unit. The Citigroup analyst is hardly the first to call for GE to spin off or sell NBC Universal. GE isn't commenting on the Sprague suggestions. GE CEO Jeff Immelt has made several adjustments to the company's portfolio of businesses, both via acquisitions and divestitures since taking the top post in September 2001, but so far nothing on the scale being urged by Sprague and others who think GE's stock price would be higher if it trimmed its portfolio.
TVBR observation: Don't rule it out. There had been previous hints that Immelt had gotten more directly involved in how NBC Uni is run to prepare the company for a spin off from the mother ship. Of all the units at GE, the TV/entertainment unit is clearly the odd duck. Would it be better valued by Wall Street as a standalone operation? And then, of course, there are those rumors that Google might take out its checkbook to buy its way into another area of media in a big way...
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 Talkers win PacNW
political speech case
John Carlson and Kirby Wilbur of Fisher Communications' KVI-AM Seattle were trying to whip up opposition to a gas tax hike imposed by the State of Washington a couple of years ago which involved support for a ballot initiative. Now the state's supreme court has said their actions did not constitute a like-kind political contribution. The court's nine justices ruled unanimously. According to the Seattle Times, the issue was a 9.5 cent per gallon gasoline tax which was going to be used to held fund local transportation initiatives. Initiative 912 was the ballot proposition which would have turned the tax down, and the radio hosts were actively encouraging their listeners to vote in favor of it. The local governments, including that of Seattle, took them to court and earned a ruling that the time Carlson and Wilbur spent talking about the topic did in fact constitute an in-kind contribution from licensee Fisher to a one-issue public organization called No New Gas Tax (NNGT). Carlson and Wilbur were backed in their appeal by the American Civil Liberties Union, the Cato Institute and other groups. The Washington Supremes said there was no direct link between Fisher and NNGT and that the hosts' exhortations fell within the media exemption. For the record, the Talker's talk was valued at 20K in the first, now-overturned ruling.
TVBR observation: A precedent is set - in the wrong Washington. It might have much longer legs if it happened in the Washington that has DC after it. A legal representative for the local governments conceded defeat, but said the case was in the legal gray area and would come up again, somewhere, some time.
Hearst-Argyle feels Olympics/Super Bowl effects
CEO David Barrett says station sales teams did a good job of selling in Q1 and replaced most of the 17 million in revenues from the Winter Olympics and four million from the Super Bowl a year ago. For the quarter, Hearst-Argyle's revenues were down 2.6% to 169.4 million. Barrett noted continued softness in the auto sector. Hearst-Argyle, which has stopped giving quarter-by-quarter guidance, reaffirmed its guidance to investors for all of 2007 that full year revenues would be in the range of 754-778 million, down from 785 million in 2006. The big unknown is just how heavy political spending will be in what was to be a largely non-political year - until many states started moving their primaries, caucuses and such back to the early months of 2008, which pushed advertising for the first round of the US presidential election back into late 2007. "We've seen early spending in Iowa, New Hampshire and South Carolina, and modest spending in Florida, by several candidates, including Mitt Romney, Bill Richardson and Rudy Giuliani - interestingly - in Iowa booked a web-only piece of business for us, which I think is indicative of our times. We've written some business for several advocacy issues in these states and for governor's races which are going to be contested in '07 in Mississippi, Louisiana and Kentucky. More of that will come later in the year," Barrett said of the political spending atmosphere.
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 Humpty Clear Channel
apart for good?
Former FCC Commissioner Harold Furchtgott-Roth says that the break-up of Clear Channel, for some, is a "bitter pill" in an essay called "Dismembering Clear Channel" published last week in the New York Sun. He notes that the fate of the current per-share offering for the company is uncertain, but that a sell-off is going on in any case. "Once the company is dismembered, it can never be put together again - nor will any other company likely replicate it, as Clear Channel built the largest radio network in the world to complement a profitable array of other advertising distribution assets." He praised the company's size when it was at its most robust. "Potential advertisers could choose from a large and varied portfolio of advertising options that would have been an impossible dream just 15 years earlier." He said its size enabled both the efficient sale of national advertising accounts and the hiring of national-quality talent. "Investors saw the innovations of Clear Channel and liked them." However, he noted that the company has struggled to recover from the industry-wide downturn that kicked in Y2K. It also bred contempt for its innovation and large size. He said there are lots of reasons the break-up may have occurred. "But for investors who strongly believe in the value of an integrated company with many different advertising channels, today's dismembering of Clear Channel is a bitter pill."
TVBR observation: We occasionally see anecdotal evidence that one reason Clear Channel may be struggling is that no matter how local a large company tries to be, it simply isn't an easy task to pull off from one building in San Antonio. The top of a hierarchy can't help but try to govern the entire group, with varying effects down the line. For example, the effects of a new challenge in Hooterville are immediately apparent to Mom & Pop's Hooterville Broadcasting Company. If nothing else, the GM at the Clear Channel cluster across town may have to get blessings from Corporate to do what Mom and Pop did three weeks ago. Anyway, what investors see as a "bitter pill" may be seen as "blessed relief" by fans of local broadcasting. Any thoughts? That's what our Bounceback section is for.
CEA happy with FCC's action to ensure DTV transition
Consumer Electronics Association SVP/Government Affairs, Michael Petricone today issued a statement regarding the FCC's third periodic review of the conversion of the nation's broadcast television systems from analog to digital television. "We are pleased that the Commission is committed to ensuring the success of the digital transition and continues to make it a top priority as we approach the February 17, 2009 hard date. We agree with Commissioner Copps that 'we have one opportunity to get this right.' To this end, CEA has coordinated ongoing efforts to help consumers understand and prepare for all-digital broadcasting. CEA is committed to educating consumers, retailers, manufacturers and legislators about the transition to digital television. CEA's continuous award-winning efforts include websites, printed collateral and media outreach."
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| Wall Street Media Business Report TM |
Media General steps up buyback
Media General announced an accelerated share buyback deal with Goldman Sachs & Co., following approval by shareholders of amendments to Media General's long-term incentive plan that increased shares available for awards to employees by 1.5 million shares. Under the accelerated share repurchase agreement, Goldman Sachs will immediately deliver, and the company will retire, all 1.5 million shares. Goldman Sachs expects to borrow the shares to be delivered and purchase the same number of shares in the open market by December 31, 2007. The transaction is subject to a price adjustment at completion, so Media General may receive a price adjustment, or be required to pay a price adjustment, based on weighted-average prices as defined in the agreement with Goldman Sachs. Media General may elect to settle the price adjustment in shares or in cash. Media General said it will borrow approximately 57 million bucks under its credit agreements to fund the share repurchase. The company currently expects the transaction will be modestly accretive to earnings per share in 2007.
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Ad Business Report TM
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Fox talking with TiVo on ad insertion
Fox and News Corp. are working with TiVo on testing a new technology that would enable advertisers and agencies to replace commercials embedded in programs recorded on their DVRs with new, time-relevant spots. Fox ad sales honcho Jon Nesvig said Fox has applied for a patent for the technology, which was developed by Fox engineering president Andrew Setos.
TVBR observation: Of course, folks can still speed through the ads, but the ones they don't fast-forward through would be much more valuable, timely and relevant. This may give Fox a real leg up on time-shifted viewing down the road.
 ABSOLUT launches funky
new global campaign
ABSOLUT Vodka announced its next global advertising campaign titled "In an ABSOLUT World." The new advertising challenges the status quo by presenting a bold and optimistic world view. The launch is supported by print, broadcast, out-of-home, PR, on-premise promotions and viral activity. Created by TBWA/Chiat/Day/New York, the campaign will break the week of 5/15 in the US with a broadcast spot and print executions in June weeklies. The first U.S. broadcast spot, titled "Protest" depicts an epic scene that opens with a tense standoff between protesters and police. As the clash ensues, the viewers witness a massive, friendly pillow fight -- demonstrating an alternate way to resolve conflicts. The first U.S. print to launch is a photo of Times Square with iconic works of art installed in lieu of advertising. Other print executions include a factory emitting harmless bubbles instead of smoke, a pregnant man with his wife at a cocktail party and a bar scene where people wear buttons labeling their dating status and mindset. The campaign also includes an industry-leading social responsibility broadcast spot. Titled "Taxi," the spot illustrates a young couple exiting a club. As they press the key fob, instead of unlocking their car it signals a taxi, suggesting that in an "ABSOLUT World" people would always call a cab or use a designated driver after they drink. "In an ABSOLUT World" will also be supported by viral elements that will bring the idea to life for consumers. On 5/14, ABSOLUT will begin a week of guerrilla activities in New York that will make the city a better place for one week. Consumer activities include rickshaw rides in Soho and the Meatpacking District, music downloads in Union Square, Metro Card giveaways and VIP treatment at select downtown restaurants and clubs, all compliments of ABSOLUT. The campaign will continue this summer with out-of-home executions in New York, Los Angeles, San Francisco, Miami, Las Vegas and Chicago that speak directly to these geographic communities. The global campaign will also roll out in 12 international markets this year.
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| Washington Media Business Report TM |
Where's the evidence of a bird kill?
The NAB has joined with a number of other industry organizations to head off any further regulation on towers with regard to the migration patterns of birds. They support further research, but argue that current results are at best sketchy and do not warrant any kind of policy change. Even if it is found that there is a bird mortality problem (and virtually all broadcasters we've heard from wonder where the corpses are), "the facts simply do not exist for the Commission to determine whether there is an issue worthy of action let alone fashion a thoughtful solution." Recommendation: Let the studying continue, but don't act in advance of real results.
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| Media Markets & Money TM |
Peacock affiliate sold in Georgia
Georgia-based SagamoreHill Broadcasting, headed by Louis Wall, is finaly getting a property in its home state. The brokers at Kalil & Co. report the sale of WLTZ-TV (CH. 38, NBC) Columbus, GA to SagamoreHill by Lewis Broadcasting Corp., headed by J. Curtis Lewis III. The price was not immediately disclosed. SagamoreHill already owns stations in Wyoming, South Carolina, Minnesota, Texas and Nebraska.
Kagan, BIA arm wrestle over TV deal
Sandy DiPasquale's BlueStone has just gotten its name in the news for buying the Clear Channel television group with backing from Providence Equity Partners, but its previous deal to sell a TV group was at issue at the FCC. Well, one station, anyway. Its deal sending a group of small-market TVs to Bonten Media was held up on a petition to deny the inclusion of one of them: KCFW-FM Kalispell, satellite of NBC KECI-TV Missoula. The satellite status was allowed before because the overlap between the two stations is minimal, amounting to 4.9% of the DMA's territory and 7.1% of its population. But Marshall R. Noecker claimed there was reason not to overlook the prohibition on any overlap among satellites. There's a prospective buyer: himself. He argued that could make a bona fide offer, bring in a new network and acquire competitive syndicated programming, backed by stats from Kagan Media Appraisals Robin V. Flynn. BlueStone and Bonten noted that there were problems with the offers, including a non-compete involving KCFW's home town of Kalispell, and further answered with BIA Financial Network's Mark Fratrik arguing that there wasn't nearly enough support in the market for a station to go it alone against four established, satellite-equipped incumbents. The FCC decided that its original decision to allow the flagship-satellite arrangement still had merit; that much of Noecker's proposal to compete was speculative. Admitting it was a split decision, the FCC said, "On balance, given the history of this market and the fact that we have granted this station satellite status twice before, we find that the satellite waiver should be continued."
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| Internet Media Business Report TM |
 Can search engines find stories
on your news web site?
by Graeme Newell, 602 Communications
Search engines like Google are constantly searching web sites all over the world cataloging and indexing every word on a myriad of sites. These days most visitors to your news site will enter through the side door, not the front door. Readers will use search engines to find the content and go right to the specific page on your site, completely oblivious to your carefully crafted index on your home page. The importance of your home page is waning. Plain and simple, the best way to create traffic to your site is to make powerfully sure the search engines can find you - and find you easily. An entire industry has sprung up around these complex search criteria. Millions are spent tweaking copy and placing the perfect words in the perfect place. Most retailers have discovered that search engine optimization isn't just the best way to promote their site - it's the only way.
| Read More... |
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| Ratings & Research |
5% week for cable
Week 31 of the current TV season saw cable networks claim five spots in the top 100 broadcast/subscription TV programs for the key 18-49 demo, based on the merging of Nielsen Media Research data by the Television Bureau of Advertising (TVB). The highest ranking cable show was the Sunday Major League Baseball game on ESPN, coming in at #60. Discovery was in the top 100 with two more installments of its "Planet Earth" series. Wrestling/fighting scored for USA and Spike.
| See the top 100 |
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| Monday Morning Makers & Shakers |
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Transactions: 3/12/07-3/16/07
Things are still essentially moving kind of slow out there, ladies and gentlemen. Suffice it to say that the virtual mailman did not risk a hernia carrying this week's filed volume nor value over to the FCC transaction database. Almost all of the action was outside of rated territory, and all but one transaction involved a single station. The lone top-50 contract was a 1M filing for a noncommercial FM in Puerto Rico. Television was absent. This just missed being the slowest week of 2007, an honor still held by sub-8.1M 2/19-23/07.
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Total
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Total Deals
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11
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AMs
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10
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FMs
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7
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TVs
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0
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| Value |
9.399M
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| Complete Charts |
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Radio Transactions of the Week
Zebulon GA earns the honors
| More... |
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TV Transactions of the Week
Transaction? We don't got no stinking transaction...
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| Stock Talk |
Broadcasters down, but Dow sets another record
The Commerce Department reported on Friday that GDP growth in Q1 was the slowest in three years, an annual rate of 1.3%, which seemed to run counter to the string of strong corporate earnings being reported. Even so, the Dow Industrials set another record, closing up 15 points, or 0.1%, at 13,121. The broader market was mixed.
TV stocks were mostly lower. Nexstar fell 5% and LIN was off 4.6% as the day's biggest movers.
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| Stocks |
Here's how stocks fared on Friday
| Company |
Symbol |
Close |
Change |
Company |
Symbol |
Close |
Change |
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Acme
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ACME
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5.68
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unch
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LIN TV
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TVL
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15.96
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-0.77
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Belo
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BLC
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19.37
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-0.33
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McGraw-Hill
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MHP
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66.25
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-0.46
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| CBS CI. B |
CBS |
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32.04
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-0.01
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Media General
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MEG
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37.31
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-0.79
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| CBS CI. A |
CBSa |
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31.98
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-0.06
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Meredith
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MDP
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58.08
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-0.10
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Clear Channel
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CCU
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35.70
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-0.10
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News Corp.
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NWS
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24.35
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-0.34
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Disney
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DIS
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34.98
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-0.19
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Nexstar
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NXST
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11.94
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-0.63
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Emmis
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EMMS
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10.15
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-0.12
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NY Times
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NYT
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23.48
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-0.29
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Entravision
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EVC
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10.03
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-0.11
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Ion Media
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ION
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1.23
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-0.01
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Fisher
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FSCI
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48.83
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-0.19
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Saga Commun.
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SGA
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10.14
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+0.04
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Gannett
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GCI
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56.75
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-0.47
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SBS
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SBSA
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3.63
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-0.07
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Gen. Electric
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GE
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36.84
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+1.00
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Scripps
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SSP
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43.27
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-0.01
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Granite
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GBTVK
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0.06
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unch
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Sinclair
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SBGI
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16.62
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-0.35
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Gray
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GTN
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10.80
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-0.15
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SWMX
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SWMX
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0.55
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-0.05
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Gray, C1. A
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GTNa
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11.40
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+0.01
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Time Warner
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TWX
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20.61
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-0.37
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Hearst-Argyle
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HTV
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26.36
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-0.74
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Tribune
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TRB
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32.80
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-0.01
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Journal Comm.
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JRN
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13.49
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+0.10
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Wash. Post
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WPO
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744.19
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+1.74
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Lincoln Natl.
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LNC
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71.17
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-0.58
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Young
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YBTVA
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4.20
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-0.02
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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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Ad Business Report
Fox talking with
TiVo on ad insertion - testing a new technology...
Media Markets & Money
Peacock affiliate
Sold in Georgia, WLTZ-TV to SagamoreHill Broadcasting...
Kagan, BIA arm wrestle
Over TV deal asSandy DiPasquale's
BlueStone is in the news...
Ratings & Research
5% week for cable
Week 31 saw cable networks claim 5 spots in top 100...
RBR-Radio News
Waiting for the ISS shoe to fall
With the Clear Channel buyout vote set for Tuesday, May 8th, we should hear this week whether...
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TV Media Moves
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 Upped at NBC News
Lynn Pitts has been named Vice President, NBC News, reporting to NBC News President Steve Capus. Pitts joined NBC News early last year after 23 years at CBS News. At NBC she has been executive producer of "Today, Weekend Edition," and will now oversee the entire news division's strategic partnerships and overall production management.
 She's got
the Buzz
ACME Communications has named Sandra Yost Gehring as General Manager of "The Daily Buzz," the nationally syndicated morning show which airs on more than 140 stations. Gehring was previously a corporate VP for Emmis Television.
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More News Headlines
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A look at auto
ad spending
Advertising spending for the Automotive Industry in 2006 declined 1% to 13.5 billion, with gains in seen in Spot TV (4%), Network TV (3%), and Spot Radio (8%), according to Nielsen Monitor-Plus, the global advertising information service of The Nielsen Company. Nearly 80% (10.5 billion) of automotive advertising in 2006 was placed on television and 11% (1.45 billion) was spent in national magazines.
| Read More... |
Talkers follow
the headlines
The talk world generally amplifies the top news, taking whatever is on top of the Project for Excellence in Journalism chart and turning the volume way up. In the case of the shootings at Virginia Tech, there wasn't that much farther to go to reach the saturation point. National news media gave it 51% of the hole during the week of 4/15-20/07, a figure talkers bumped up to 63%. although all other issues paled on both charts, the two that talkers picked after VT were a little offbeat. The NASA shooting, good for 2% on the news chart, got 5% of the talkers', as did the infamous Alec Baldwin voicemail, a mere 1% entry into the news hole.
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RBR - Radio News
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Waiting for the
ISS shoe to fall
With the Clear Channel buyout vote set for Tuesday, May 8th, we should hear this week whether Institutional Shareholder Services give the thumbs up or down to the 39 bucks offer. With the vote so close, and a two-thirds majority required, ISS may have the power to cinch or scuttle the deal. As the largest and most influential of the three major proxy advisors, ISS had advised clients to reject the original 37.60 per share offer (3/30/07 RBR #63). That put the pressure on Thomas H. Lee Partners and Bain Capital to come up with a better offer, which they did. Even so, there is plenty of opposition to the new bid of 39 bucks, with Highfields Capital and the Fidelity mutual funds group making no secret of their view that it is still inadequate. Reuters reported over the weekend that a lesser-known proxy advisor, Egan-Jones, had recommended a no vote on the 39 bucks bid. Still to be heard from are ISS, Glass Lewis and Proxy Governance, although the latter had reluctantly endorsed the earlier 37.60 bid. Meanwhile, Bear Sterns analyst Victor Miller was beating the drum again Friday for his proposed "Plan B" if the Lee/Bain buyout is rejected. Clear Channel has already announced a deal to sell its TV group for 1.2 billion and is about a third finished selling off its non-core small market radio clusters. Miller also wants the company to sell its international outdoor holdings and spin off the remaining domestic outdoor company, leaving Clear Channel Communications as a pure play radio company and Clear Channel Outdoor as a pure play billboard company. Both could then lever up and pay out large special dividends or buy back shares. The analyst figures all that would generate a share price in the mid 40s.
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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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Cheers and jeers for violence report
The FCC's open-ended recommendation to Congress that it go ahead and write up some laws concerning broadcast violence did not go unnoticed among the megaphone holders. For starters, both the NAB and NCTA would prefer that parental controls be given a chance to work.
TVBR observation: Apparently the Founding Fathers somehow telegraphed that speech regulation powers are right there in the Constitution, if only you have the will and ability to find them between the lines, or somewhere. Evidently, the actual text seen by those so gifted is something along these lines: "First Amendment excerpt, 2007 edition: Congress shall make no law...abridging the freedom of speech, unless urged to do so by a group of five unelected self-appointed national nannies installed in a federal bureaucracy that doesn't even exist yet, and that includes the power to eliminate all the times Daffy Duck's bill gets shot to the back of his head by Elmer Fudd, so there." For the Watchdog statements read this page in TVBR.
04/27/07 TVBR #83
Nothing to fear on PPM in Philly
RBR asked Kathy Crawford, MindShare President/Local Broadcast, about fears that there will be lower AQH numbers and therefore less dollars for radio in the market. Will buyers increase the CPP value to compensate? How will it pan out in negotiations? "The same way that it happened with the LPM [Local People Meter-for TV]. The bottom line was the pricing didn't change, the CPP changed," (for the Q&A with Crawford see this page report in TVBR)
04/27/07 TVBR #83
Pacings soft for
Clear Channel Radio
CEO Mark Mays called "solid first quarter results," with radio revenues up 3% to 819.7 million, Clear Channel Communications warned that radio is pacing down 1.6% for Q2. How will that affect the May 8th vote on the going private buyout? Bank of America analyst Jonathan Jacoby said the Q2 outlook was worse than he had expected for radio, but he said the market had already likely anticipated a soft Q2.
RBR observation: Less is still less. While Q1 radio revenues were up from a year ago, they were still down from before Clear Channel launched its Less is More initiative. That target was 832.9 million in radio revenues set in Q1 of 2004 - three years ago. Clear Channel has sold a few small market stations in the interim, but that hardly accounts for the 13.2 million shortfall. Clear Channel's main business is radio, not outdoor, so it doesn't make a lot of sense to depend on a bailout from the #2 business line if #1 is still ailing. All in all, Clear Channel's Q1 results appear to argue for the "take the money and run" side as far as the May 8th vote is concerned.
04/27/07 RBR #83
FCC weighs in on DTV
It you're a retailer, and you want to sell an analog-only television receiver, you must make sure that the buyer knows that it possibly will become no more than a paperweight on 2/17/09. Second, even though most broadcast television stations are now operating with some form of side-by-side digital platform, the problem child, the issue of forcing cable to provide dual digital/analog must-carry after 2/17/09.
04/26/07 TVBR #82
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Hard finding that key person
to fill the important position at your organization? Media HeadHunters is the place that key media firms use to get results. See Media HeadHunters and get results with service--Period.
Need assistance
contact Cathy Carnegie
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