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Volume 23, Issue 125, Jim Carnegie, Editor & Publisher

Tuesday Morning June 27th, 2006

Radio News ®

Hogan trying to put positive spin
on PPM conflict
There's still no word on whether Clear Channel will invite CBS Radio, Emmis, Bonneville and such back to participation in its Next-Generation Electronics Ratings Evaluation Team, but CC Radio CEO John Hogan is trying to explain why his company was in talks to do the same thing they did - sign a contract for Arbitron's Portable People Meter (PPM) before the Next-Gen group completes its evaluation of PPM and a rival system from The Media Audit/Ipsos. According to a memo that Hogan sent out to CC Radio execs, a copy of which was obtained by RBR, Hogan confirmed our report that his company had been in talks with Arbitron for PPM, but ended them last week after PPM failed to win Media Rating Council (MRC) accreditation in time for a Houston launch which had been planned for next month (6/23/06 RBR #123). With there no longer being a possibility that PPM would become Arbitron's ratings currency in Houston right away, he said there was no need to continue negotiations. In his memo, Hogan took issue with Arbitron's claim that PPM is ready to go. "Well, there are a lot of people who disagree with them, including the MRC and at least two major radio groups that would not even participate in the Houston trial. And even if their technology were ready - which we don't agree it is - this decision is not being based just on whether a gadget functions. It's about the relationship the industry will have with the chosen vendor; it's about the ability to deliver accurate and timely measurements; it's about the ability to deliver rapid ratings; and there are many, many more crucial criteria on the list," Hogan told CC Radio managers. He also denied that the whole RFP process with the Next-Gen group was just a negotiating tactic for Clear Channel to reduce the price it has to pay for PPM. "Our industry is looking at alternatives because Arbitron has been unsuccessful. We want accurate, timely, cost-effective audience measurement and we want it now - and we're not going to be forced to settle for something that's inaccurate, untimely and prohibitively expensive. We're just not," Hogan wrote.
| Read the entire Hogan memo |

RBR observation: When you read the memo carefully you will have to be the judge and the jury on Hogan's and his boss's intentions. RBR has been receiving email and phone calls from many in the radio medium outraged by Clear Channel's (and in their words) 'arrogant' position. Many see nothing 'Very Gracious' about supporting an industry effort for the good of the entire radio business and just get booted off the team because they made a business transaction on behalf of their company. A number of lawyers also called RBR just questioning if their may be anti-trust issues but again RBR views all replies as people letting off their emotions. Eventually radio has to engage in electronic measurement as the real world is moving forward as we all have witnessed with Nielsen's position of doing away with diaries by a set date. We are never too old to learn from experience as this is why RBR once again points to why Jerry Lee at WBEB-FM Philadelphia signed with PPM: "Either we get with the electronic measurement or we're going to be in the dust - it's as simple as that. And any other service is going to take a long time to get implemented. The other thing is we know Arbitron, they have worked with the industry very well in the past. We don't know about these other companies, whether or not they can scale up," For more on Lee's excellent view see (05/24/06 RBR #102) and then compare with Mr. Hogan's memo.

You are the judge so let us know and share in the voice of the radio broadcasting business with your thoughts and comments to RBR at [email protected]

Will the auction be called off?
Speculation is widespread that Jerry Perenchio will call off the auction of Univision after all bids came in well below expectations. The New York Times reported yesterday that the bid by the Televisa group was just 35.75 per share, only two bits more than the rejected Haim Saban bid. As previously reported, the Saban group was told that its bid of 35.50 was too low to be considered and when the Saban group's bid expired on Friday the group indicated that it would not renew talks with Univision unless the Televisa negotiations collapsed. But after learning that the Televisa bid was barely higher, there are reports that Saban and his financial backers may be working up a new bid. Meanwhile, Univision has only one bid on the table, from Televisa, and it is not even close to the 40 bucks per share that Perenchio had been hoping for. Having been unable to get an opening bid of 36, it appears unlikely that anyone can be nudged up to the 37-38 range that some analysts speculated might be acceptable to Perenchio. Thus, many observers expect there to be no sale of Univision. After peaking at 36.67, Univision's stock price has fallen back toward 32. The stock had closed at 30.54 the day before the company announced that it was putting itself up for sale (2/9/06 RBR #28).

RBR observation: Calling off the sale would not be the end of the world for Univision, its shareholders, its employees, its viewers or its advertisers. Rather, life would go on pretty much the same as before the auction was announced. Since Jerry Perenchio has never received a salary as head of the company and has never, to the best of our knowledge, sold any of his stock, one change we would consider likely would be for Univision to start using some of its cash flow to pay a dividend to shareholders. That would give Perenchio and other shareholders some cash to spend while waiting for a better market in the future for a sale of the company.

Commerce Committee back to work today
The Senate Commerce Committee didn't get all that far in its markup of the Chairman Ted Stevens (R-AK) update of the Telecom Act last Thursday. It'll get back to work today at 10AM, with some of the most contentious issues and numerous amendments still to be addressed. The main thrust of the bill is to pave the way for telcos to enter the MVPD business as rapidly as possible, primarily via the adoption of a national franchise regimen to replace the patchwork quilt of local franchising authorities with which cable has had to contend. The most controversial aspect figures to be the battle over the concept of network neutrality. Committee members Olympia Snowe (R-ME) and Byron Dorgan (D-ND) held a teleconference yesterday on that topic, discussing their battle to enforce the concept. Snowe claimed that a great deal of "misinformation and mischaracterization" was being put out on the topic, and said the main thrust of her bipartisan amendment was to preserve consumer's unfettered ability to surf the web. She argued that with access providers acting as gatekeepers and pricing web content, small providers would swiftly be frozen or priced out. Dorgan agreed, saying the battle wasn't over the Googles of the world, it was about "two or three people in a garage or dorm room" with a new idea, and their continued ability to put it out there, leaving it to consumers if their idea is good or not. Dorgan thought they had a chance to prevail in committee, and promised a floor fight if necessary.

Tribune's Dutch auction believed to be a success
Tribune Company will likely announce preliminary results today for its Dutch auction stock buyback tender offer, which concluded yesterday. The two billion bucks buyback announced last month (5/31/06 RBR #106) drew a strong response, according to the Los Angeles Times, which is owned by Tribune. So, it appears likely that Tribune will be able to buy back the entire 53 million shares it is seeking at a price of 28.00-32.50 per share. The funding is in place. Tribune reported to the SEC last week that it had entered into a credit agreement with a consortium of banks for a 1.5 billion five-year unsecured loan and a 750 million five-year unsecured revolver. But that success for CEO Dennis FitzSimons may carry a downside as well. The LA Times story also suggested that the Chandler Trusts, which will have an even larger percentage stake in Tribune after the buyback, may be seeking alliances with other major shareholders. One option would be to run a competing slate of candidates for the company's board of directors. Another would be endorsing a major deal with a specific outside party, the newspaper report said, such as a buyer for the Tribune TV group, which would put pressure on FitzSimons.

FCC content to sidestep content issue
Richard C. Young was mad. Raycom's KWWL-TV in Waterloo IA ran a pair of editorials he felt were self-serving to Raycom without revealing that fact to the viewers. The first, aired 9/30/05 on a "Reality Checks" news program feature, called for adherence to the 2/17/09 deadline for ending analog television broadcasts. Young said the hidden fact was that Raycom would be able to stop side-by-side analog/digital broadcasts, and thus had an undisclosed financial interest in cutting off the analog side of the operation. The second, aired 11/7/05, opposed formation of a local telecommunications utility commission, which would have affected a cable system with which KWWL-TV had beneficial dealings. Young further charges the 11/7 editorial aired right before the ballot issue came to a vote with no opportunity for airing a rebuttal. The FCC reaffirmed its general lack of authority to dictate programming decisions, as well as the lack of a fairness doctrine to enforce in regards to providing rebuttal time. In general, the FCC said Young's complaints showed no more nor less than that the station was exercising its Constitutionally guaranteed First Amendment rights, as well as exercising its news judgment. In neither case did it pose "a substantial risk of serious harm to listeners." Young had petitioned to deny KWWL's license renewal. Petition denied.

Stop Big Media
Directed to FCC proceeding 02-277: "I am writing to express my strong disapproval of any relaxation or elimination of the public interest limits on media ownership. Localism and diversity are the cornerstones of a democratic media system, and we cannot afford to compromise them in any way. Limits on media consolidation have been a bulwark against the concentration of economic power in the marketplace of ideas, a critical part of balancing the public service mission of the media with their private profit motive. Our democracy requires the free flow of information from a broad range of diverse voices. Any public policy seeking to protect diversity in the media must recognize the simple fact that ownership matters. Media consolidation has already led to declines in local and minority ownership as well as the homogenization of content in radio and television. Permitting cross-ownership of newspapers and broadcast stations, or allowing further concentration in local television markets, will only worsen the problems we already have. When the FCC attempted to weaken and remove media ownership limits in 2003, millions of Americans rose up in protest. Congress and the courts ultimately intervened to turn back that misguided regulatory process. Now that these same rules are being reconsidered, the FCC should stand firm with the public against further concentration of media ownership in the hands of the few. A vote against media consolidation is a vote for democracy."

RBR observation: Did you like this? It's the comment prepared at stopbigmedia.com that will be heading to the FCC from any citizen motivated enough to contact the FCC about the upcoming ownership proceeding but not motivated enough to compose their own comment. If you plan on monitoring public commentary, get ready to read this and many posts just like it over and over and over and....

Ad Business Report TM

Arbitron releases RADAR 89 radio network ratings
Arbitron released its June 2006 RADAR radio network audience reports (RADAR 89) covering the period March 31, 2005-March 29, 2006. The sample size for RADAR 89 has been increased to more than 106,000 diarykeepers, up from 100,000 in RADAR 88. By the release of RADAR 92 in March 2007, the RADAR radio network service will be based on an annual sample size of 125,000 diarykeepers.
| See the charts here |

RBR observation: In the age of consolidation, it's worthy to note there are still entrepreneurial companies such as Dial-Global and Crystal Media Network that are putting out well-targeted product with significant GI increases. Dial Global's new Digital 24/7 network via the acquisition from Westwood One will be a new entry in upcoming RADAR reports. Given the same commitment the company gives to research and accountability with its current slate of nets, Digital 24/7 should be another success for them.

Regional ad network launches for Latin America
Grupo Latino de Radio (GLR) announced the development of a Pan Regional advertising network which allows clients to reach listeners from all over Latin America. The Pan Regional network boasts a total audience of over 20 million listeners, reaching top markets in Mexico, Colombia, Argentina, Panama, Chile, Costa Rica, Ecuador, Guatemala, Peru, Venezuela, Dominican Republic, El Salvador and Honduras. Advertisers will be able to customize their ad schedule by placing commercials in specific programs, regions or countries. GLR programming features News, Sports and Music programming - CHR, Top 40, Adult Standards and more. The GLR Pan Regional advertising network employs both O&O stations in Latin America along with affiliated stations that air such programs as A Calzón Quitao with Alessandra Rampolla (talk), Latitud 40 Latina (music) and Goles & Maestros (sports). GLR Pan Regional advertising network proves to be the most extensive, utilizing the high consumer use and reach radio delivers the Latin America markets.

Denny's campaign presents
real-life dining solutions
Denny's has launched a new national campaign, its first since July 2004. The campaign, via Publicis Mid America Dallas, is a comprehensive marketing communications effort for Denny's, including TV, radio, online, in-store merchandising, print and direct mail. The campaign is designed to communicate the practical, everyday meal solutions that Denny's offers its guests. The television spots differ from previous campaigns in two distinct ways: 1) the action is not set within a Denny's restaurant, instead the set is a distinctively striking yellow graphic background with unique, iconic animation accents and 2) the spots feature consumers (represented by actors) speaking directly and colorfully about how they use the brand and why they like it. This is a departure from the previous "Our Denny's" campaign that featured real Denny's employees in restaurant situations. The initial phase includes seven television spots. Each opens on a consumer telling us why Denny's fits perfectly into his or her life. They're shot on a distinctively striking yellow background with simple, animation which accents what the person is saying. Television will run on all national nets as well as a variety of cable such as USA, TBS, TNT, ABC Family, CNN, MTV, CMT and BET. Radio spots will air in key local markets.

GM names new ad agency for Cadillac
General Motors has named a new agency to market Cadillac, after Leo Burnett Detroit had handled the account for over 70 years. GM said in a statement that it had assigned all of the creative related to Cadillac to Modernista! Boston, effective 10/1. Modernista! also handles marketing for GM's Hummer brand. Leo Burnett will remain with Pontiac and GM's parts and service creative. Leo Burnett Detroit and McCann Erickson Detroit will work with Martin Jay Retail Group to handle GM's local marketing efforts in conjunction with dealers. Part of the reason given for the switch is GM will be revamping Cadillac's lineup starting with the launch of the 2007 Escalade SUV. This coincides with a marketing drive intended to win over a new group of consumers. Another reason was GM was said to have been unhappy with Burnett's TV launch for the newest-generation Escalade in a 60-second fashion-show-themed commercial that aired during the Super Bowl this year. Burnett rented a former airplane hangar in LA to create a fashion show (1/20/06 TVBR #14). "We regret the decision," Jim Moore, president of Leo Burnett Detroit, told AdAge. "It's a major piece of business." He added the agency hasn't decided on the extent of anticipated layoffs.

Media Business Report TM

Eisner gets his own team
After years of running a media conglomerate known for its focus on children, Disney, Michael Eisner is now aiming at an even younger crowd - infants. He has acquired Team Baby, a Houston-based producer of sports DVDs for very young kids. Team Baby currently sells 20 DVDs featuring the sports teams of a university, with toddlers learning about the school's mascot, cheers and songs. CEO Greg Scheinman, who founded the company and will stay on to run it for Eisner, told the Houston Chronicle that Team Baby has recently struck a deal with Major League Baseball and is working on other sports and teams.

Media Markets & Money TM

Journal spins down in Omaha
Jeff Warshaw's Connoisseur Media is picking up an FM in the Omaha market as Journal pares down a seven-station radio cluster by one FM to make room for its acquisition of KMTV-TV from Emmis. It'll be Connoisseur's first or second station in the market, depending how you look at it. Brokerage firm Kalil & Co. handled the transaction which was set in motion when Journal acquired the Channel 3 CBS affiliate from Emmis, along with Fox WTFX-TV Fort Myers FL and ABC KGUN-TV Tucson AZ for 235M. The station it'll spin off is Regional Mexican KBBX-FM. It is not the first Connoisseur station in the area, but it is the first one which is on the air. It'll form a duopoly with an unbuilt FM Auction No. 37 CP earmarked for Pacific Junction IA. Warshaw, along with Michael Driscoll, is rapidly building Connoisseur into a geographically diverse mid- to small-market group. It is already active and Billings MT, Bloomington IL, Erie PA, Huntington WV, and Wichita, KS, and holds additional CPs near Bismarck ND, Des Moines IA, and Rapid City SD. The price for KBBX has not been disclosed.

Washington Media Business Report TM

AFA finds time is on its side
Noncommercial religious network operator American Family Association commonly runs stations with a main studio waiver, but in the case of KBMP-FM Enterprise KS, its operation out of KCFN-FM Wichita KS had not been cleared with the FCC. The satellite operation kicked off 3/6/02, and on 7/28/04 the FCC called AFA on the violation and found it apparently liable for a 7K fine. It tacked on another 3K for AFA's incomplete filing in response to FCC questions on the matter. (The FCC said the max for this failure was 4K but it reduced it by 1K since there was at least a partial response.) With questions pertaining to nine categories, the FCC said the response addressed only two and only one was backed up by documentation. The FCC questions came 11/13/03 and the AFA response was dated 11/21/03. Here is the news you may be able to use: AFA managed to get out of the 7K fine by pointing out that part of the Communications Act "bars the Commission from assessing a forfeiture against a broadcast station licensee if the violation charged occurred more than one year prior to the date of issuance of the required notice or notice of apparent liability." The FCC admitted that the shot clock had indeed run out and reduced the 7K fine to a mere admonishment. However, the 3K fine stands.

Ratings & Research

PPM shows one-day spike
Arbitron likes to show off the ability of its Portable People Meter to track audiences on a day-to-day and even hour-to-hour basis. The latest example is the one-day audience spike for the morning show on KRBE-FM Houston as hosts Atom and Maria interviewed Nick Lachey, who was promoting his new CD, but also talked about his soon to be ex-wife Jessica Simpson and the way the tabloids have covered the couple. That appearance back on March 23rd caused the KRBE audience to spike at 196,900 listeners, compared to an average Thursday CUME of 145,000.
| View the Chart |

Transactions

3.95M KTAM-AM/KORA-FM, KXCS-FM & KZTR-FM Bryan-College Station TX (Bryan, Cameron, Franklin TX) from Equicom Inc./Brazos Valley Broadcasting LLC (Daniel H. Ginzel) to Brazos Valley Communications Ltd. (Tommy R. Vascocu). 197.5K letter of credit, balance in cash at closing. Existing superduopoly. [File date 6/2/06.]

435K KRSL-AM/KCAY-FM Russell KS from West Central Radio Inc. (V. Wayne Grabbe) to White Communications LLC (Fred White). 35K escrow, balance in cash at closing. [File date 6/2/06.]

Stock Talk

M&A activity boosts the market
Big transactions announced in steel, mining and consumer products boosted stock buying interest on Monday. The Dow Industrials gained 56 points, or 0.5%, to 11,045.

Most radio stocks were higher, but not by much. The Radio Index rose 0.493, or 0.3%, to 146.795. Disney rose 1.9% and Cumulus gained 1.6% as the leaders. Univision dropped 2.8% as it became less likely that the company would be sold.

Satellite radio shares jumped as Sirius CEO Mel Karmazin said he'd like to by XM, although he also noted that such a deal was unlikely to happen. XM jumped 6.8% and Sirius 5.2%.

Radio Stocks

**Here's how stocks fared on Monday**
Company	Symbol	Close		Change	Company	Symbol	Close		Change
Arbitron	ARB		37.38	+0.37	Hearst-Argyle	HTV		22.10	+0.04
Beasley	BBGI		6.45	+0.01	Journal Comm.	JRN		11.18	+0.12
CBS CI. B	CBS		26.50	unch	Lincoln Natl.	LNC		55.39	+0.40
CBS CI. A	CBSa		26.47	+0.07	Radio One, Cl. A	ROIA		7.19	+0.02
Citadel	CDL		8.90	+0.04	Radio One, Cl. D	ROIAK		7.24	+0.09
Clear Channel	CCU		30.41	+0.38	Regent	RGCI		3.67	+0.14
Cox Radio	CXR		14.04	+0.22	Saga Commun.	SGA		9.21	-0.06
Cumulus	CMLS		10.32	-0.17	Salem Comm.	SALM		12.37	-0.07
Disney	DIS		29.67	+0.55	Sirius Sat. Radio	SIRI		4.70	+0.23
Emmis	EMMS		15.91	-0.08	Spanish Bcg.	SBSA		5.01	-0.01
Entercom	ETM		25.11	+0.26	Univision	UVN		32.03	-0.92
Entravision	EVC		8.05	+0.11	Westwood One	WON		7.51	+0.08
Fisher	FSCI		42.07	+0.26	XM Sat. Radio	XMSR		14.37	+0.91
Gaylord	GET		42.54	+0.60	-	-	-	-	-

Bounceback

Send Us Your Opinions We want to
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Below the Fold

Media Business Report
Eisner gets his own team
Acquired Team Baby, a producer of sports DVDs for very young kids...

Media Markets & Money
Journal spins down in Omaha
To pick up Emmis KMTV-TV and other FM...

Washington Media Business Report
AFA finds time
Is on its side with the FCC...

Ad Business Report
Regional ad network
Launches for Latin America...

Arbitrends

Radio Media Moves

Volpe to Entercom
Art Volpe has joined Entercom as VP of Sales for its four-station Norfolk cluster. He was previously VP/Market Manager for Clear Channel in Worcester, MA.

New PD in Indy
Manuel Sepulveda has been named Program Director for Continental Broadcasting's WSYW-AM & WEDJ-FM Indianapolis. He was previously a PD with Entravision.

More News Headlines

Mel wants it all
According to a Reuters report, Sirius CEO Mel Karmazin told a New York investment conference that he would like to buy XM as well. He noted, though, along with the issue of price, that there would be difficulties getting such a merger approved by regulators. He also said there was nothing in Sirius' business plan that requires it to do a deal.

RBR Radar 2006

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

RBR First
CCU may Retract RFP letter
After Clear Channel, which is leading the ratings RFP process, kicked CBS Radio and possibly everybody off the evaluation team that has signed with Arbitron a major local broadcast buyer who did not want to be mentioned by name told RBR that CC Radio may retract that letter soon and invite everyone back on the RFP committee. In part "Yes, we have a contract with Arbitron for PPM. I think this is still up for discussion on the committee-it's not a done deal. All the committee members didn't agree that the best course of action for the committee as a body was to exclude Arbitron customers."

RBR observation: What does this all look like through the lens of Wall Street and Madison Avenue? Like radio is not coming together with one (1) voice, like they are in-fighting or a B rated comedy movie: The gang that couldn't shoot straight. This is not good for the total radio business. There is Nothing 'Gracious' about this situation or the letter-email.
06/26/06 RBR #124

The bid is in; Will it fly?
Televisa CEO Emilio Azcarraga Jean was finally able to make a bid for Univision on Friday. The Televisa group was able to make its delayed bid after the remaining equity backers, Bill Gates' Cascade Investment and Bain Capital, came up with billions more after other members left the group, having decided that the pricing couldn't be justified. The latest to exit is the Cisneros Group.

TVBR observation: What went wrong? Blame the Fed. Since Perenchio put Univision up for sale rates have been going nowhere but up. That's made it more expensive to finance the multi-billion bucks deal and also raised questions about just how much growth to expect in Univision ad revenues going forward. Carlyle, KKR and Blackstone balked at the risk and the Saban group went with a low-ball pitch. So now there is only one bidder. It remains to be seen whether Perenchio and Azcarraga can find common ground in a tougher financing environment than existed when this process began.
06/26/06 TVBR #124

RBR First
CCU dumps companies in RFP process who've signed with Arbitron
RBR first to reported this issue and other trades followed that Clear Channel, which is leading the Next-Generation Electronics Ratings Evaluation Team RFP process, is kicking everybody off the evaluation team that has signed with Arbitron, according to RBR sources. They don't want them to be part of the RFP process anymore - and since Clear Channel launched the whole thing, it is controlling who gets to participate.

RBR observation: We had wondered what was going to happen. We had heard that some of the groups who had already signed contracts for PPM still wanted to help evaluate the competing system from The Media Audit/Ispos. While it might have been good for the industry to try to keep everyone working together, we can understand Clear Channel's position as well. Should someone serve on a jury if they've already made a decision? We also hear, though, that CC Radio itself was in negotiations with Arbitron for its own PPM contract, but cut off talks when MRC accreditation didn't come as quickly as expected. This seems to be a game of chess where everyone is trying to figure out what works to their own advantage, rather than really trying to arrive at the best solution for the entire radio industry and its advertisers.
06/23/06 RBR #123

Univision auction crumbling; Azcarraga scrambling
A week ago it looked like Emilio Azcarraga Jean had the inside track to win the bidding for Univision. After all, his company, Televisa, and bidding partner The Cisneros Group (Venevision), already owned more than 20% of Univision and were its main program suppliers. But now Azcarraga Jean is scrambling to even make a bid, after losing three of his equity fund backers.

RBR observation: Has Bill Gates now become the key player in this drama? With the three equity firms out, the Microsoft king's personal investment company, Cascade Investment, is the only outside partner left in the Televisa-Venevision group. How badly does the world's richest man want to become a major player in US Hispanic media?
06/23/06 RBR #123

Entertainment and media biz
to grow 6.6% annually
Yep radio is part of the mix as the global entertainment and media (E&M) industry has entered a solid growth phase and will increase at a 6.6% compound annual growth rate (CAGR) to 1.8 trillion in 2010, according to PricewaterhouseCoopers' Global Entertainment and Media Outlook: 2006-2010. Full report on your outlook in
06/22/06 RBR #122

FitzSimons stands firm
Tribune CEO Dennis FitzSimons insisted at the Mid-Year Media Review conference in New York that a majority of the company's board of directors, including the independent directors, are firmly behind Tribune's plan to buy back up to 25% of its outstanding shares for around two billion bucks, despite opposition from the Chandler Trusts, Tribune's second-largest shareholder. He said the tender offer is on track, with closing set for June 26th. Complete details in
06/21/06 RBR #121

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