Welcome to RBR's Daily Epaper
Volume 21, Issue 130, Jim Carnegie, Editor & Publisher
Tuesday Morning July 6th, 2004

Radio News ®

NAB responds to election coverage criticism
The NAB has answered a pair of important Washington chairmen, responding to criticism of the level of political coverage provided by US broadcasters. President/CEO Eddie Fritts said that, contrary to perceptions, the industry is doing a good job of covering elections. Fritts used the opportunity to note that the FCC in particular could take a regulatory step which would greatly enhance broadcasters' ability to provide coverage - - requiring cable systems to carry DTV multicasting. Fritts noted that "...a number of broadcast companies have filed comments with the FCC pledging to use this spectrum to increase news and public affairs coverage."

Editor's note: You GO ! Eddie. Show them you still got that fire. "...unfortunately, the giant cable companies - - who are anxious to avoid competition from a multiplicity of free local broadcast channels - -have lobbied fiercely to block adoption of this FCC rule that would ensure consumer access to hundreds of more program options." We add - our household still has the same TV sets purchased in 1995. Capitol Hill honchos, how many digital sets in your homes - wake up! | More... |

Birdwatchers analyze
Emmis' chirping canary
If Emmis Communications, which reports quarterly earnings about a month ahead of everyone else, is the canary in the broadcasting coal mine, Wall Street analysts are trying to discern what Jeff Smulyan's report last week says about the health of other radio and TV groups. They're only slightly more optimistic, from our reading of their comments.

RBR observation: Analyst's are like a double edge sword. Comments from Jim Boyle of Wachovia Securities, Jason Helfstein of CIBC World Markets, James Marsh at S.G. Cowen & Co. and Richard Rosenstein of Goldman Sachs draw that sword half out when it should be left in its scabbard. Think some CEO's heard the Florida winds calling them to Naples but not ready to back up the moving trailer. What would be interesting to see - any analyst run the NYC, Chicago, and LA clusters for Smulyan - lets say first quarter 2005. Any takers? | More... |

Radio armageddon: VIA v. CCU
Womble Carlyle Sandridge & Rice attorney Gregg Skall is practically licking his chops over the best clash of titans since King Kong faced off against Godzilla. The issue is the cancellation of the Viacom's Howard Stern show by six Clear Channel stations. Here is Mr. Skall's take on this impending legal bloodbath:

The Broadcasting "Trojan War"
By Gregg Skall, Womble Carlyle Sandridge & Rice, PLLC
Anyone who saw the recent war epic Troy, can't help but feel the same tinge of excitement in learning that two major armies are again locked on the battlefield and promise a spectacular display of warrior tactics. In this case, the warriors are none other than the two goliaths of the broadcasting industry. As reported in 07/01/04 RBR #128, Clear Channel Communications and Infinity Broadcasting have locked horns, and wills, over Clear Channel's cancellation of the Howard Stern Show. | More... |

Editor's note: What this case may boil down to is not communications law, but plain old contract law.


Citadel is Howard Stern's second home
With the addition of nine new affiliates later this month(7/1/04 RBR Daily Epaper #128), "The Howard Stern Show" will be airing on 27 stations owned by Viacom's Infinity Broadcasting. With the addition of KIKK-AM Houston, that lineup also includes all of the top 10 markets, all via Infinity O&Os. So who else carries The King of All Media? Stern's other 18 markets are spread over a number of station owners, with only two companies airing him in more than one market - - Citadel in five markets and LM Communications in two. The largest market non-Infinity affiliate is Entercom's KISW-FM Seattle. | Chart |

Tele-Graham out of bounds
A candidate for the US House of Representatives once appeared at an event with evangelist Franklin Graham, son of US religious icon Billy Graham. He used images of this event in a campaign ad, as well as in direct mail pieces. According to the Associated Press, Graham cried foul. The candidate is Ed Broyhill, one of several Republican vying for their party's nomination to run for the seat of Richard Burr, who is vacating it in an attempt to move on to the Senate. Graham indicated that he was neutral in the race, and objected to the implication that he was supporting Broyhill. He also charged the campaign with continuing to use his image even after he had issued a press release underlining his neutral status. The Broyhill campaign denied that they were being deceptive, but eventually decided to pull the ads.

Don't take FCC localism inquiry lightly
Attorney John Garziglia of Womble Carlyle Sandridge & Rice is warning his clients that the FCC's notice of inquiry into broadcast localism could have a profound effect on the way the industry does business. He noted its broad scope (for details, see (7/2/04 "Commission taking comments on localism", RBR Daily Epaper #129). "This proceeding may significantly restructure broadcasters' programming obligations," he wrote. "The Commission and the public may attempt to hold broadcasters to those public interest obligations that for year broadcasters have argued make them special and entitle them to a variety of protections from competition." Garziglia told clients that his law firm will be ready to assist them to file comments. Deadline for that is 9/1/04. Meanwhile, he noted that the due date for regulatory fees is a bit earlieir than usual this year. The payment window extends from 8/10-8/19. Notification of your amount due should be arriving in the mail within a couple of weeks.


Guru Watch

More words of wisdom from Bob Coen
When he released his semi-annual forecast of ad revenues earlier this month (6/24/04 RBR Daily Epaper #122), Universal McCann's Bob Coen bucked the trend of Wall Street analysts and said he was confident that local radio growth will hit his target of 6% growth this year, despite a slow start. He also increased his forecast for local TV, which he now expects to grow by 8% this year, rather than his original forecast number of 7%. One reason for Coen's confidence is what big advertisers have already done. While companies in the biggest advertising categories, such as Automotive, Movies and Beverages, cut back in the 2001 recession - - along with everyone else - - Coen says their ad spending has come back "stronger and sooner" than other categories. After all, those really big categories tend to have more advertising related to brand building. Those big brand-oriented advertisers were the first to come back. Coen noted that by the first quarter of 2003 they were spending 10% more on advertising than a year earlier. "Their level of increase this year, 9%, is certainly respectable when considered in the light that their return to aggressive use of advertising got started much earlier than most marketers. Now they have continued to grow their ad budgets and these most important marketers are expected to sustain a high level of ad growth throughout this year," he said.


RBR News Analysis

Stern wants Kerry?
Better watch what you wish for!
It is now a widely known fact that Howard Stern is trying to throw his weight behind Democratic Presidential candidate John Kerry, largely because he feels he is the object of a witch hunt orchestrated by President George W. Bush and his FCC, headed by Michael Powell. However, another widely held belief is that should Kerry win the prize in November, the FCC will likely come under the chairmanship of its current senior Democrat, Michael Copps. This is despite the fact that neither Kerry nor Copps has commented, nor is likely to comment, on that topic. It remains a widely held speculative belief. | More... |


Adbiz ©

Latest video competitor: T-shirts
With flat-screen technology becoming ever cheaper and smaller, TV screens are showing up everywhere. The Los Angeles Times reports that Brand Marketers, a San Francisco based firm that specializes in innovative promotions, unveiled its "Adver-Wear" product over the holiday weekend in LA and other major cities to promote the movie "I, Robot." Male and female models walked around high foot-traffic areas wearing T-shirts with 11-inch video screens mounted chest-high, running a trailer for the film. Each shirt costs about $1,000 to make, so don't go looking for them on the rack at Wal-Mart. To take a look at the concept, go to the firm's website.

Cash infusion expected in CA stem cell struggle
California has another of its infamous voter initiatives on the ballot this year, and this one will go right to the top of the controversy chart. It's called the California Stem Cell Research and Cures Initiative. It is asking voters whether the state should go ahead and make a multi-billion dollar investment in such research in defiance of the policies of President George W. Bush. According to Adweek, there are big bucks in the balance. Taxpayers would put $295M a year into the research for ten years, and accumulate $6B in state bond debt. Broadcasters stand to pick up $20M between now and November from the backers alone as they mount a campaign pushing the initiative - - and we would suspect a hefty counter-campaign from opponents of the measure.

Listen and create your strategy with RBR

Media, Markets & Money tm

Dean gets grander in Grand Junction
Richard Dean's MBC Grand is expanding its Grand Junction CO superduopoly cluster, getting a fourth FM to go with two AM stations. Media Services Group broker Jody McCoy tells RBR the deal is going to be good for $900K to seller Leggett Broadcasting. In a sense, it will be MBC's seventh station in the community, which boasts an audience of about 100K aged 12 or older. The group sold KJOL-AM over a year ago to a religious group, but also signed a shared-use agreement, allowing the new owners to continue using the station's pre-sale co-located facilities.

Trading places:
NC stands for noncom and North Carolina

Radio Training Network owns WRTP-FM on 90.1 mHz in Roanoke Rapids NC, a smallish municipality near the Virginia border. Roanoke Valley Communications owns WZRU-FM, which hails from 88. mHz in the same town. When this deal closes, the radio home for each noncom licensee will have changed. It's not quite a straight swap - - Radio Training Network says it'll cover Roanoke Valley's filing and consulting fees up to $5K.


Washington Beat

Turn out the lights, the party's over
Actually, we doubt that the assessment of $13K to WGUL-FM Palm Harbor FL licensee WGUL-FM Inc. was cause for much celebration at the FCC. Sure, the money would've helped defray the national debt, but the dent would have been as significant as a quark on Jupiter. But the $13K will go uncollected, at least from WGUL's bank account. It seems the statio's tower was lacking the required red obstruction lightinig which the FAA is so fond of (and with good reason, we might add). However, although WGUL owns the station, they do not own the tower, and therefore are not liable for the fine. The FCC's release did not reveal the identity of the party guilty of letting the lights go out.

NAB weighs in on localism inquiry
The National Association of Broadcasters is welcoming the FCC's study of broadcast localism, seeing it as an opportunity to tell a story it enjoys telling. Said SVP Dennis Wharton, "NAB looks forward to participating in the FCC's inquiry into broadcast localism, and we strongly believe that objective observers will conclude that America's over-the-air stations have an unmatched record of community service. >From telethons to tornado warnings, from Amber Alerts to school closing announcements, radio and television stations provide leading-edge local programming that has made the US system of broadcasting the envy of the world."


Monday Morning Shakers & Makers

Deals: 5/24/04-5/28/04
Dealing was still slow as we approached the end of May, but the value of the deals was back into robust territory. This was due in large part due to a healthy emphasis on top 50 markets - - six of 11 stations traded were in that heady zone. There were three TV deals, but the biggest of them came in third behind Radio One buys in Houston and Atlanta.

5/24/04-5/28/04

Total

Total Deals

8

AMs

3

FMs

5

TVs

3
Value
$164,490,000
| Complete Charts |
Radio Deal of the Week
Two for Radio One
| More...
|
TV Deal of the Week
Group gets some Derry air
| More...
|


Transactions

$12M KLST-TV San Angelo TX from Jewell Television Corp. (T.E. Kimbell) to NexStar Broadcasting Inc. (Perry Sook). $1.75 down payment, balance in cash at closing. Includes non-compete. Buyer operating KSAN-TV under LMA with Mission Broadcasting Inc. LMA until closing. KLST is CBS affiliate; KSAN is NBC affiliate. [File date 6/7/04.]

$2.61M WSHI-FM Fort Wayne IN (Columbia City IN) from Jammin' Broadcasting LLC (Steve Isenberg) to Artistic Media Partners Inc. (Arthur A. Angotti et al). $1.827M cash, $783K stock. Duopoly with WBTU-FM. LMA until closing. [File date 6/7/04.]

$1.9M KLBM-AM/KUBQ-FM & KBKR-AM/KKBC-FM La Grande OR (La Grande, Baker City OR) from Grande Radio Inc. (Bryan Christle) to Pacific Empire Radio Corp. (Mark Bolland, Mary Bolland, John I. Taylor, Connie Taylor et al). $95K escrow, balance in cash at closing. Includes non-compete. Existing duopoly. [File date 6/7/04.]


Stock Talk

Job numbers disappoint Wall Street
The broad stock market went into the July Fourth holiday weekend with a loss, as traders expressed disappointment with the government's latest report on job creation. Broadcast stocks were mixed, with radio stocks slightly higher, while most TV stocks were down a bit. The Dow Industrials were off 55 points, or 0.5%, to 10,279. The stock markets were closed yesterday in a delayed observance of Independence Day.

The Radio Index edged up 0.525, or 0.2%, to 226.163 as radio stocks recovered slightly from recent lows. However, there was nothing to really drive the stocks upward and most didn't move much. Spanish Broadcasting System was the leader among stocks in our index, rising 1.9%. The downside leader was Cumulus, off 1.3%, so not a big day for movement in radio stocks. Among multi-media stocks, Univision fell 3.2% after a California judge refused the company's request for an injunction to block Nielsen from implementing its Local People Meters.


Radio Stocks

Here's how stocks fared on Friday

Company Symbol Close Change Company Symbol Close Change

Arbitron

ARB

$36.25

-$0.13

Jeff-Pilot

JP

$50.11

-$0.09

Beasley

BBGI

$15.44

+$0.14

Journal Comm.

JRN

$18.51

+$0.52

Citadel CDL $14.19 -$0.06

Radio One, Cl. A

ROIA

$15.89

-$0.11

Clear Channel

CCU

$36.29

-$0.10

Radio One, Cl. D

ROIAK

$15.81

-$0.02

Cox Radio

CXR

$17.16

+$0.14

Regent

RGCI

$6.05

+$0.02

Cumulus

CMLS

$16.15

-$0.22

Saga Commun.

SGA

$18.00

+$0.04

Disney

DIS

$25.27

-$0.01

Salem Comm.

SALM

$26.63

+$0.27

Emmis

EMMS

$20.71

+$0.17

Sirius Sat. Radio

SIRI

$3.00

-$0.01

Entercom

ETM

$37.30

unch

Spanish Bcg.

SBSA

$9.25

+$0.17

Entravision

EVC

$7.58

-$0.02

Univision

UVN

$30.65

-$1.01

Fisher

FSCI

$50.35

+$0.98

Viacom, Cl. A

VIA

$36.07

-$0.03

Gaylord

GET

$31.61

+$0.01

Viacom, Cl. B

VIAb

$35.45

-$0.06

Hearst-Argyle

HTV

$25.66

-$0.13

Westwood One

WON

$23.28

+$0.19

Interep

IREP

$1.10

unch

XM Sat. Radio

XMSR

$27.83

+$0.56

International Bcg.

IBCS

$0.03

unch

-

-

-

-


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RBR Audiocast

07/06 - Get the feel of what you are scrolling down and reading... Listen to this morning's AudioCast and
Hold On To Your Hair!
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with Bob DeCarlo'
"In Da Morning"


Bounceback

We want to hear from you.
This is your column, so send your comments to [email protected]

One reader decided to weigh in on the audience measurement technology debate:

The radio industry as a whole is frequently on the receiving end of bad press, from mediocre programming, to commercial overload, to archaic business practices. While these bad reviews are often overstated, is it any wonder that Wall Street gamblers underrate radio stocks when we can't even bring ourselves to participate in the development and analysis of new and enhanced audience gathering? Namely, the PPM. It's a good thing the radio industry isn't in the pharmaceutical business-we'd still be using leeches and incantations to cure a headache.

Matthew D. Warnecke
MEDIACOM, New York

Another had some comments on the FCC's alleged decision to deal with the Super Bowl half time incident by going after CBS O&Os.

The FCC may have just signed its death warrant regarding the indecency fine against the CBS O&Os. The FCC regulates stations, not networks. They do it by their regulatory deathgrip on licensees (in this case via the O&O's). If affiliates are not to be fined - - logically they should not since they have no a priori control over programming - - then the CBS affiliates should not be fined either. The only reason the FCC is going after the O&O's is because that's the pathway to CBS's money! In the long run it just isn't going to fly because it's not an equitable application of the regulatory process.

Brett Miller
MCH Enterprises


Arbitrends

ArbitronMarket Results
| Austin |
| Jacksonville |
| Louisville |
| New Orleans |
| Tulsa |


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.

Commission taking
comments on localism
The FCC's study of the issue of broadcast localism is being thrown out to the public for comment...Again! Here is the unadorned list of topics being considered: communication with communities; nature and amount of community-responsive programming (and the role of market forces); political programming; underserved audiences; disaster warnings; network affiliation rules; payola; sponsorship identification; voice-tracking; national playlists; license renewals; and addition spectrum allocations (LPFM)
07/02/04 RBR #129

Viacom bids to buy SportsLine.com
We certainly had the call on this one. Viacom has indeed decided that it wants to protect its investment in SportsLine.com and has offered to pay about $40 million to buyout other shareholders. 07/02/04 RBR #129

TiVo users love reality TV
When it comes to recording and playing back programs, TiVo users are addicted to reality television. While reruns on CBS and NBC have been winning the Nielsen ratings, Fox's "The Simple Life 2" - - sending two spoiled rich brats off to tour small town America - - And the beat goes on. 07/02/04 RBR #129

Judge refuses to block
LA People Meters
Univision has been turned down in a bid to have a Los Angeles Superior Court block this weeks scheduled debut of Local People Meters in LA. 07/02/04 TVBR #129

Infinity sues Clear Channel
for breach of contract; adds
Stern on nine stations
'Self Proclaimed King of All Media' returning to five of the six markets where he has been off the air starting July 19th. And, TA DUM - Infinity has sued Clear Channel for breach of contract, seeking at least $10 million in the suit filed in a New York federal court. RBR observation: This proves what an Infinity source said months ago, that Infinity was standing behind Stern all the way. Yep, we know those nine stations are owned by Infinity but look at the markets, the bottom line cash savings and national publicity Stern bring to the table. Example: Tampa - WQYK-AM, Sports - Remember it was WQYK-AM and Country WQYK-FM decided not to re-up with the Tampa Bay Buccaneers, after 13 years. Why? Too much money to the tune of $4M for the Buc's rights and GM Charlie Ochs was breathing easy. Money again - Tampa market has no shock since Bubba was roasted by Clear Channel and now that number 1 audience with the estimated $4M of local morning business may just show up in the WQYK-AM's bank account. 07/01/04 RBR #128

Smulyan says Wall Street
has overreacted
Over-delivered on its guidance to The Street for its most recent quarter and is promising more growth for the current quarter, but like other broadcasting stocks - - particularly in radio - - Emmis is being treated like Rodney Dangerfield by investors - - no respect. 07/01/04 RBR #128

Here drops the other shoe
On CBS and the infamous Super Bowl Jackson/Timberlake bare as you dare event. Reports all over the place have the FCC ready to slap at $550K fine only on the 20 CBS O&O's and no affiliates. The fine has to be approved and it if does - TA DUM - the largest fine levied against television broadcaster. 07/01/04 RBR #128

Tide shifting at the FCC?
Speculation on the FCC
commissioners by the LA Times, Michael Copps isn't mentioned, in a new wave of rumors of a Michael Powell exit, along with possible exits by three others. Powell is almost surely on the way out if Dem. Kerry is elected president in November giving the opportunity to put his own person in the top slot at the FCC. Many think the logical choice would be Copps. 06/30/04 RBR #127

IBiquity approves Surround 5.1
for HD Radio
SRS Labs, a provider of innovative audio, voice and semiconductor technology solutions, and iBiquity Digital announced the completion of the joint testing of SRS Circle Surround technology as a compatible surround sound format for iBiquity's HD Radio broadcast technology. Editor's note: Radio needs HD Radio - yesterday. 06/30/04 RBR #127


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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