Welcome to RBR's Daily Epaper
Volume 21, Issue 125, Jim Carnegie, Editor & Publisher
Monday Morning June 28th, 2004

Radio News ®

FCC facing daunting
numbers game
Attorneys from law firm Womble Carlyle Sandridge & Rice have given us a down and dirty legal eagle-eye view of the 3rd Circuit FCC ownership ruling. John Garaziglia and Greg Skall confirmed much of what we told you last Friday. They note that, unless Congress steps in, that the FCC faces a daunting task in trying to justify its cap structure. Note that not much of anything is assured, except perhaps for one thing: A great deal more time figures to elapse before we get to the end of this already extended process. Without further ado, here are their comments, addressed to their clients: Editor's note: Excellent job - print them out.
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3rd Circuit blockbuster: View from "The Street"
The analysts at SG Cowen & Co., James Marsh, David Murphy and Eric Nanes, have popped out a quick analysis of the landmark 3rd Circuit ruling on FCC ownership regs from an investor's perspective. We'll have further analysis in coming days. For today's take on the ruling, take a look here: | More... |

More reaction to the 3rd Circuit ruling
People and organizations continue to weigh in on the 3rd Circuit's decision to confirm much of the philosophy behind the FCC's 6/2/03 broadcast ownership ruling while requiring the Commission to justify or modify the numbers it arrived for its ownership cap structures. On Friday, we heard from FCC Chairman Michael Powell, FCC Commissioner Michael Copps, Media Access Project President/CEO Andrew Schwartzman, Rep. Maurice Hinchey (D-NY), Gene Kimmelman, Senior Public Policy Director, Consumers Union and Rep. Bernie Sanders (I-VT). Today we'll put in Sen. Byron Dorgan (D-ND); FCC Commissioner Jonathan Adelstein; Tribune Company Chairman, President and Chief Executive Officer Dennis FitzSimons; David Honig, Executive Director, Minority Media & Telecommunications Council; and Hannah Sassaman, Program Director, Prometheus Radio Project on the record. And there will be more to come. | More... |

Interep


Ad buyers unperturbed by Infinity-Arbitron split
We've heard from more major ad buyers and they seem to be unanimous in the view that having Infinity drop its contract with Arbitron isn't going to lead to any change in how they buy advertising on Infinity stations. If anything, they say it will give them an upper hand in the bargaining process.

RBR observation: On the other side of the equation, it looks like the big change is going to be for Infinity's national reps to negotiate business without being able to use Arbitron numbers. It looks to us like some internal barriers are going to have to be erected at the rep firms to make sure that staffers don't cross the line and use forbidden Arbitron data when pitching for business. | More... | RBR Observation |

Alexander picks radio over TV
Long-time Tampa-St. Pete broadcast personality Nancy Alexander has announced that she will continue as half of the "Nancy & Mike" morning show on Clear Channel's WMTX-FM, but give up her second job as a TV reporter developing off-beat segments called "Out There" for Fox O&O WTVT-TV (Ch.13). "After five years of having what I think are two of the best jobs in broadcasting in the Tampa Bay area, I've decided to focus on one of my careers," Alexander said in a statement. However, local new reports said it was unclear whether Alexander had the option of continuing at WTVT. She had not appeared on the station's 10:00 pm newscast since May 31st, when she was cited for careless driving after leaving the scene of a traffic accident in St. Petersburg.


Adbiz ©

New Chairman for Interpublic
Interpublic Group, the world's second-largest advertising company, is getting a new Chairman. Michael Roth will take over around July 15, once his current company, The MONY Group, completes a sale to AXA Financial Services Group. Roth is no stranger to the ad business. He's been a member of the board of directors at Interpublic since 2002. David Bell, who had been serving as Chairman, isn't going anywhere. He'll still be President and CEO. But another key executive is hitting the road. Chris Coughlin, who joined Interpublic just last year as COO and CFO, has decided to "retire" (he's only 51) at the end of this year. Robert Thompson, currently Sr. VP of Finance, will take over as CFO. Interpublic's companies include McCann Erickson and Foote Cone & Belding.

Chicken vendor is quick on the draw
It didn't take David Gronewaller, President of GC Partners Inc., long to figure out what to do when he heard that a local hero was a fan of his company's Golden Corral franchise restaurants. After Fox's "American Idol" winner Fantasia Barrino said in an interview that she loved to eat at Golden Corral and particularly liked the fried chicken, Gronewaller arranged to deliver plenty of free chicken to a Barrino family reunion in Raleigh, NC. Also acting fast was Emily Biggs of EBA Advertising Inc., the agency of record for GC Partners. She designed T-shirts with the slogan "The Food Is Fantasia At Golden Corral" which where passed out to friends and family of the Idol winner, who hails from nearby High Point, NC.

Y&R holds onto 7-UP
The folks who created the quirky "Make 7-Up Yours" campaign, Young & Rubicam, have held onto the soft drink account after a strong review challenge from Crispin Porter + Bogusky. With the $25 million per year account again secured, Y&R is now focused on creating a campaign for the new 7-Up Plus, a Splenda-sweetened version that's fortified with calcium, vitamin C and fruit juice.

Avail auction place opens for business
A new multimedia service is opening up which offers to help companies sell off hitherto unsold inventory to the highest bidder. Called the GuRue Unsold Advertising Network, it offers avails in radio, television, billboard, newspaper, direct mail, telemarketing, product placement and sponsorships, among others. Bidders can use GuRue for free, and sellers pay a 7.5% commission on any sales. Info on the service, offered by media and technology company KaZaZZ, is available at gurue.com.

Point 2 Point

Media, Markets & Money tm

Willis spins one in NC for $2M
The troubled Willis radio station group is poised to receive an infusion of what would seem to be much-needed cash. Broker Stan Raymond tells us the group is getting $2M for a Charlotte AM station. If the station, WGSP-AM, isn't exactly a flamethrower - - it has 1,000 watts (at least that's day and night) beaming out from its 1310 kHZ perch - - at least it isn't a far-suburban rimshotter. It's licensed to the city of Charlotte. The buyer is The Norsan Group Inc. Willis is selling the group under its licensee name of Charlotte Christian Corp.

RBR observation: Willis recently entered into a Consent Decree with the FCC under which it will sell some stations and shut down some others (6/17/04 RBR Daily Epaper #118). A third group of its stations have been essentially put on probation pending repayment of some $85K+ in FCC fines and an unknown amount of tax liability. Although WGSP was not one of the stations specifically involved in that arrangement, the proceeds from its sale should go a long way towards helping Willis to get what remains of its house in order.

Curtis goes into spin cycle
Curtis Media Group is winnowing its Raleigh herd, selling WCHL-AM out of a far-flung, legally-over-the-limit superduopoly cluster. The buyer, who is paying $775K for the station, is Vilcom Interactive Media, primarily owned by James A. Heavner. He'll only have to come up with $200K by closing day. The remaining $575K will be covered via promissory note. Curtis will still have an interest in the station - - its Triangle Traffic Network will provide rush hour reports for the station in return for the right to continue selling ads during those reports. Also, Curtis secured a right of first refusal for $10, should Vilcom elect to resell.

RBR observation: This is one of those clusters which is cool under the contour definition, but may very well not be under the Arbitron definition. Maybe it's time for Curtis to invest in a cane and walker, 'cause they may soon be calling this cluster "Grandfather."


Washington Beat

Clear Channel pedals around
bike violence charges

Clear Channel was the target of the bicycling community last year, in three markets in particular, for programming which greatly irked the two-wheel enthusiasts. The stations involved were WDCG-FM in Raleigh-Durham, WMJI-FM in Cleveland and KLOL-FM in Houston. The complaints concerned various comments against bikers, many of them urging motorists to curse at them or commit various harassing or violent acts. Clear Channel said that in all three cases, it did not advocate or condone such activities - - some of the comments came from callers not affiliated with the company. It nevertheless issues over-the-air apologies and aired numerous related public service announcements in conjunction with appropriate local authorities in all three cases. Ultimately, the FCC decided that the complainants lacked court backing. The FCC explained, "...we conclude that the comments do not merit enforcement action in the absence of an adjudication of a 'clear and present danger' by a court of competent jurisdiction." In other words, were Clear Channel to advocate causing physical harm to bicyclists, that would be a crime. The FCC seems to be saying, show us proof of a legal conviction, and then we'll consider any actions on the broadcast license end.

Jingle Bank

Monday Morning Shakers & Makers

Deals: 5/17/04-5/21/04
This week we put the "Pa" in pathetic. What the week has in common with the last two is low deal volume, going even a bit lower. What it does not have in common is value. The last two weeks both went over $100M. This one didn't come remotely close to $10M. In fact, it wasn't particularly close to $3M. There was no single deal that got all that close to $1M. Zzzzzzzzzzzzzzzz. (Still, it isn't the slowest week of 2004 - - that honor goes to 2/9-13, when a paltry five deals fetched an even paltrier $930,001)

5/17/04-5/21/04

Total

Total Deals

6

AMs

3

FMs

5

TVs

0
Value
$2,535,000
| Complete Charts |
Radio Deal of the Week
Duo gets AM and LMA in Manchester area
| More...
|
TV Deal of the Week
Nada. Check this space next week



Transactions

$4.5M WKSN-AM/WHUG-FM & WQFX-FM Jamestown NY (Jamestown NY, Russell PA) from Vox Allegany LLC & Southbridge Radio Corp. (Bruce G. Danziger) to Media One Group II LLC (James T. Embrescia, Thomas J. Embrescia, Lee Zapis). $400K letter of credit applied to $4.4M cash at closing, $100K holdback amount. Superduopoly with WJTN-AM & WWSE FM Jamestown NY. [File date 6/2/04.]

$300K WTAC-FM Christiansted VI from El Morro Broadcasting Inc. (Luis A. Mejia) to Philip E. Kuhlman and Ellen N. Kuhlman, Joint Tenants. $150K escrow, balance in cash at closing. [File date 6/2/04.]

Questcom


Stock Talk

A mixed day on mixed news
Friday was a good news, bad news day, so stock prices ended mixed. The good news - - home re-sales were at a record pace in May. And it as perhaps also good news that the government lowered its GDP estimate for Q1, which could take pressure off the fed to raise interest rates this week. But the same report from the Commerce Department indicated that the core rate of consumer price inflation was higher than previously reported for Q1, which could encourage the Fed to raise rates. Amid those conflicting reports, the Dow Industrials dropped 72 points, or 0.7%, to 10,372. The Nasdaq composite was up 0.5% and the S&P 500 fell 0.6%.

The Radio Index declined 0.753, or 0.3%, to spend the weekend at 226.503. Arbitron plunged 7.4% a day after losing its #2 customer, Infinity. Entravision fell 6.1%.


Radio Stocks

Here's how stocks fared on Friday

Company Symbol Close Change Company Symbol Close Change

Arbitron

ARB

$36.75

-$2.92

Jeff-Pilot

JP

$19.94

-$0.31

Beasley

BBGI

$14.29

-$0.51

Journal Comm.

JRN

$18.60

-$0.45

Citadel CDL $14.51 -$0.10

Radio One, Cl. A

ROIA

$15.75

+$0.23

Clear Channel

CCU

$36.50

-$0.14

Radio One, Cl. D

ROIAK

$15.83

+$0.39

Cox Radio

CXR

$17.20

+$0.10

Regent

RGCI

$5.99

+$0.24

Cumulus

CMLS

$16.39

-$0.16

Saga Commun.

SGA

$18.20

-$0.44

Disney

DIS

$25.18

-$0.16

Salem Comm.

SALM

$27.87

+$0.21

Emmis

EMMS

$20.03

+$0.58

Sirius Sat. Radio

SIRI

$3.04

+$0.03

Entercom

ETM

$37.75

+$1.05

Spanish Bcg.

SBSA

$9.50

-$0.05

Entravision

EVC

$7.50

-$0.49

Univision

UVN

$31.02

-$0.02

Fisher

FSCI

$49.62

-$1.58

Viacom, Cl. A

VIA

$36.19

-$0.20

Gaylord

GET

$31.32

+$0.10

Viacom, Cl. B

VIAb

$35.51

-$0.30

Hearst-Argyle

HTV

$26.20

+$0.71

Westwood One

WON

$23.68

+$0.92

Interep

IREP

$1.26

-$0.02

XM Sat. Radio

XMSR

$25.50

+$0.99

International Bcg.

IBCS

$0.02

unch

-

-

-

-


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Bounceback

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Competing Media

Senate sets
LPM hearing
Sen. Conrad Burns (R-MT), a former broadcaster himself, has decided to get the US Senate involved in the battle over whether Nielsen's Local People Meters (LPM) undercount minority viewers. He'll be chairing a hearing by the Senate Communications Subcommittee on July 15 and has called for Nielsen to hold off on further LPM deployment until after that hearing and an independent review. That's not likely to happen, but a California judge could put LPMs on hold after a hearing set for this Thursday (7/1). The judge will hear a request from Univision for a temporary injunction to block the launch of LPMs in Los Angeles (6/24/04 TVBR Daily Epaper #123). Unless the court intervenes, LPM is set to debut in LA one week later - - July 8th.


Arbitrends

ArbitronMarket Results
| Cincinnati |
| Phoenix |
| Pittsburgh |
| St. Louis |


Stations for Sale

California Central Coast
Class A, Rated Market
Asking $1.8M, Cash
Gallup, NM 100kw
Asking $550K, EZ Terms
Brett Miller / MCH Enterprises, Inc.
(805) 237-0952 Direct
www.mchentinc.com


June Digital Magazine

Complimentary Report
The Indecency Debate
Radio's Talkers Talk Thoughts like:
Tony Snow, Alan Colmes, Doug Stephan, Ed Schultz. Over 20 top Talkers Speak out
in RBR - Get it - Read It !
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RBR Radar 2004
Click on these issues for Radio News you won't read any where else. RBR--First, Accurate, and Independently Owned.

AOL buys Advertising.com
Proving that the dot-coms aren't dead, for $435 million - - all cash. The acquisition of the online marketing firm will send AOL in a new direction, allowing it to deliver advertising across the Internet, not just to AOL subscribers.. Editor's note: Any media outlet that did not restructure in '02 and put into reorganization the thing call Internet - you lose big time. 06/25/04 RBR #124

Infinity drops Arbitron
It is not renewing its contract with Arbitron meaning Infinity's 185 stations mostly in top 50 markets, will no longer be allowed to use the ratings data for ad sales - - or anything else. President Joel Hollander insists that his people can sell their ad inventory without ratings and he won't pay the price hike that Arbitron has demanded and Arbitron President Steve Morris.
RBR observation: Winner - The Media Audit getting all of Infinity with a 5-year deal. Loser - Arbitron for around 10% of its revenue. Note: Infinity is not the first broadcaster to express frustrations with Arbitron's price increases and what's perceived as the arrogance of a monopoly vendor in refusing to negotiate on price. It will be interesting to see.
06/25/04 RBR #124

Dereg still in limbo after
3rd Circuit rules: Overview
218-page split decision basic FCC regulatory concepts were upheld, including its statutory right to regulate the broadcasting industry. Oh, and if you're sitting on a deal waiting for any kind of new regulatory framework to take effect, keep sitting. Editor's note: For full comprehensive details see
06/25/04 RBR #124

Demand to remand: Reaction
RBR observation: Our quick take is that the court's decision is a win for nobody. If the FCC is able to justify its caps, then they go into effect as written. And there is no guarantee that a decision to modify will result in tighter caps - - there are two sides to the modification coin, meaning, we suppose, that the caps could actually loosen up. 06/25/04 RBR #124


ABC Radio Networks, NY seeks Manager of Regional Sales planning
Experience in radio sales or traffic we need you to run our regional sales planning department. Responsibility for implementing regional copy splits across all networks. Managing all stages through to completion, this person must plan and execute custom copy splits, working closely with agencies and radio stations. Please send resumes to [email protected]

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SALES
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