Welcome to RBR's Daily Epaper
Volume 21, Issue 165, Jim Carnegie, Editor & Publisher
Tuesday Morning August 24th, 2004

Radio News ®

LPFM admonished for running ads
The FCC has admonished a low-power-FM station in Enid, OK for violating its license by running commercial advertisements. However, the Commission decided to let the Enid Public Radio Association, licensee of KUAL, off with a warning and didn't impose any fine. The licensee didn't deny that the offending material was aired, but it says it has enacted for stringent script reviews for underwriting announcements to ensure compliance with the FCC's rules for non-commercial licensees.
Read the ads that got the station in trouble.

RBR observation: We wait to see if the FCC is going to be as diligent in enforcing its rules against LPFM stations as it is with full-power broadcasters. Will the LPFM operators take the rules against running ads seriously if there's no fine handed out for violating them? We wait to see, meanwhile, what the FCC does in the case of KFLO, an LPFM in Jonesboro, AR, where Saga Communications filed a complaint that the supposedly non-commercial station was blatantly competing for buys and airing ads (5/13/04 RBR Daily Epaper #94).

CC Radio SVP/Southeast Jay Meyers
speaks on Hurricane Charley

RBR spoke with Meyers, whose office is in the Miami/Ft. Lauderdale market, about preparations and reparations, before and after Hurricane Charley, and more on how WCVU-FM "Seaview 104.9" has been the beacon for citizens left in the path. Continued from Monday's "More News Headlines": | More... |

To sell, or not to sell? Is that your question? Part 2
Is this the right time for you to sell your radio or TV station? And how do you figure out how much it's worth? It's a tough decision to make. But if you are in the market to sell, or just pondering the possibilities, we've gathered some expert advice to help you figure out whether and when to pull the trigger. At Americom Radio Brokers, Tom Gammon told us there are about five factors to consider when deciding if the time is right to sell. | More... |


Jed Buck comments on leaving Jones MediaAmerica
RBR spoke with Jones MediaAmerica President Jed Buck a few days after it was announced he was leaving (8/19 RBR Daily Epaper #162). Buck is leaving the company to work with his family in a totally separate business from radio - - Meadowbrook, a nursery school and Summer day camp center for children in Long Valley, New Jersey. Although no longer an employee as of 9/10, Buck will continue to work with JMA and other companies as an outside consultant on a project basis. Buck tells RBR: "This is a business that my wife and I bought a while ago, and it's time for me to join her. It's been a great 10 years with Jones. I haven't regretted a single day. I'm excited to try something very different and be more entrepreneurial. I hope to keep my head in the business through some consulting." To reach Jed: 973-454-9299 or [email protected]

RBR Observation: Solving a problem that doesn't exist
It's hardly surprising that the FCC is moving next month to mandate much more children's programming under DTV multicasting. After all, every politician inside the beltway wants to be seen as doing something for the kids. But is this move needed? Where is the evidence that the marketplace isn't already expanding children's program offerings? Even people with no children of their own are aware of such cable hits as "Sponge Bob Square Pants," "Dexter's Laboratory" and the "Power Puff Girls." Disney, Viacom and News Corp./Fox are already active players in the kiddie TV field, and you can bet that NBC Universal is looking for a way to get into the game - - not to mention the big plans that PBS has for expanding its kids offerings via DTV. | More... |

New book tackles broadcasting disputes
The latest edition in the "Taking Sides" textbook series from McGraw-Hill focuses on many of the hottest issues in US mass media, especially broadcasting, in "Taking Sides: Clashing Views on Controversial Issues in Mass Media and Society." One chapter features the debate over broadcast indecency, with Edison Media Research and Jacobs Media presenting results of their study of rock radio listeners (3/25/04 RBR Daily Epaper #59) to argue against censorship and law professor Eugene Volokh arguing that there are circumstances in which freedom of speech should be restricted. The book also features FCC Chairman Michael Powell (from his Capitol Hill testimony) arguing for media ownership deregulation, while professors Robert W. McChesney and John Nichols take the contrary view. Two professors face off on whether TV violence harms children: W. James Potter, yes, and Jib Fowles, no. This book doesn't resolve any of these disputes, but certainly gives university students an understanding of how there are two sides to each of the contentious issues.


Adbiz ©

RBR First - Part III
Mark LaNeve, GM's
new VP/Marketing and
Advertising speaks
Photo: Mark LaNeve and Jim Taylor.
RBR Q: Speaking of XM (and Sirius), it seems good for traditional radio that they no longer offer traditional network or spot avails on any of their music channels.
LaNeve: What it tells me is radio is still very viable. So now the radio business and my business have to figure it out. People enjoy that experience [satellite radio] - - because from what we're seeing, customers want choices.
| More... |

Premiere dumping Diamond led to Delilah?
Premiere Radio Networks' Diamond network is going away because of the upcoming inventory cutbacks mandated by CC Radio CEO John Hogan. $30-$35M in billing will be lost, according to RBR sources. We heard Premiere knew that was coming so they got Delilah to replace that lost money. Good theory, but we won't get that confirmed. However, they did confirm, "The Diamond network in RADAR will be reconfigured as part of our 2005 participation in Clear Channel's 'Less Is More'," confirms spokesperson Amir Forester. Natalie Swed Stone, US Director, National Radio Investment, OMD, commented about it in our September RBR print issue: "The Clear Channel cutback of commercials will impact the network/syndication business as CC stations reevaluate what they can afford to carry now that the rules are changing - - we know Premiere is affected with the elimination of Diamond network. There will be other companies affected as well."


August Solutions Digital Magazine
Complimentary Report

No more Forward Pacing Reports.
We have the economic, political, and close up look at your 4th quarter of business
and what must be done to hit budget by year's end.

GM of Cadillac,
Mark LaNeve
tells it like it is on where he
spends ad dollars.

Read RBR in 2 simple steps:
1.Create a simple account with Zinio to download the free Zinio Reader.
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Thats it!


Media, Markets & Money tm

Clear Channel grows in Delaware
There's only one Arbitron-rated market in the tiny state of Delaware, but Clear Channel is increasing its station count in Wilmington, DE from four to five. It's paying Delaware Broadcasting Company, headed by Sally Hawkins, just under four million dollars for WILM-AM in a deal brokered by Star Media Group. The acquisition gives Clear Channel a News/Talk station in the heart of the market to pair with WDOV-AM, which is actually located in Dover, DE, and WWTX-AM, its Sports/Talk station in Wilmington.

Happiness is a Lubbock, TX FM
for Entravision
Entravision is expanding to the FM band in Lubbock, TX, where it currently owns only KBZO-AM. It's paying American Media Services upgrade artist Ed Seeger and associates, doing business in this case as Littlefield Broadcasting, one and a half million dollars for KAIQ-FM. Entravision will also pay for the cost of building out a new Class C1 facility for the station on 95.5 mHz at Wolfforth, TX after changing its city of license from Littlefield, TX, where it had a C3 authorization.

Curtis adds again in the Research Triangle
Curtis Media Group may operate in only one state, but Don Curtis doesn't take a back seat to anyone when it comes to radio in the Raleigh-Durham, NC market. In his latest move, Curtis is paying Alchemy Communications 8.7 million dollars for WRBZ-AM. That will give Curtis an even dozen stations that show up in the Raleigh-Durham Arbitron book - - although, obviously, not all have contour overlaps.

Midway may merge with Viacom
Now that Sumner Redstone owns more than 80% of the stock of Midway Games (7/21/04 RBR Daily Epaper #141), it's hardly surprising that he's thinking of buying out the remaining shareholders. But it may be that Redstone himself wants to be bought out. According to a filing made last week at the SEC, Viacom has appointed a special committee of outside directors to evaluate possible acquisitions or partnerships in the video game industry. That's surprising, since over the time that Redstone has been amassing his stake in Midway, he has insisted that he was acting for himself, not Viacom, which he, of course, also controls.

RBR observation: Should Viacom pay Redstone 12 dollars each for his Midway shares? Even those that he bought for two bucks or less? After all, Redstone has been single-handedly driving the price of the stock up over the past year with his relentless buying. Would he now dare to stick Viacom shareholders with the bill for his overpaying? Quite a few Viacom investors would protest such a scenario - - and well they should.

Tips on how to buy a station, Part 2
In a recent speech to the Minority Media and Telecommunications Council, attorney Erwin Krasnow of Garvey Schubert Barer, and co-author of "Radio Deals: A Step by Step Guide," published by RBR, offered tips for people looking to buy a radio or TV station. Here's tip #2 on the negotiating process:

"Do your homework. Learn as much about the station, the competition, and the market as you can. You'll need to have the facts ready to support your negotiating position. A good negotiator is fully prepared to discuss every aspect of the deal and to respond to every question and comment. Consider getting a copy of the asset purchase agreement (APA) used by the seller in acquiring the target property (or if unavailable, other properties purchased by the seller). If it's a strong APA, it will be a great negotiating tool. - 'If a provision was needed by you to acquire a property, why is it not OK for me to use it?'"


Washington Beat

A fine day at the FCC
Several broadcasters have gotten fines for the FCC to start out this lazy week of late August. RBR observation: Infinity is obviously laying out the case it hopes to argue in the federal courts. We and most broadcasters would like to see a definitive court ruling to put the FCC's indecency enforcement back on some sort of predictable course. Unfortunately, the FCC is unlikely to find any US Attorney willing to take the case, so the indecency muddle just swirls around. Meanwhile, we're all waiting for the next big fine of more than a half million bucks for the CBS O&Os that carried a brief glimpse of Janet Jackson's breast during the Super Bowl halftime show. That may come as soon as this week or next. | More... |


Programming

Clear Channel launches more liberal talkers
For all the complaining by liberal activists that Clear Channel Communications has a corporate policy of advancing a conservative political agenda, the company has become the top affiliate group for Air America, the liberal radio network featuring Al Franken and Randi Rhodes, among others. Clear Channel says it will launch a new "progressive talk format" on KPOP-AM San Diego and WHNE-AM Ann Arbor, MI - - with at least two more stations to launch in top 25 markets in the next 60 days. Clear Channel already has liberal talk stations in Portland, OR, Miami and Santa Barbara, CA, so it will soon have at least seven stations in the format - - and by far the largest affiliate group for Air America. Clear Channel says that its stations adopting the format "air a combination of local hosts and syndicated content, including shows from leading talkers Ed Schultz, Lionel, Phil Hendrie, and Air America Radio's Randi Rhodes and Al Franken."


Ratings & Research

"Navigauge" launches to track radio listening via GPS
A three-year old company, Atlanta-based Navigauge, has launched to measure radio listening in cars, combining GPS technology and real-time tracking of the radio dial to challenge Arbitron. The service, like others that have come along with new technologies (i.e. Mobiltrak), is not likely to weaken Arbitron's domination of the radio ratings biz, but it may further shake up the company's move to the Portable People Meter system (PPM). | More... |


Transactions

WUIN-FM Wilmington NC (Carolina Beach NC) from Ocean Broadcasting II LLC to Sea-Comm Inc.

New AM Bend OR from F&L Broadcast Deveopment Corp. to UCB USA Inc.

| More Details |


Stock Talk

Wal-Mart skid sends stocks lower
A disappointing sales outlook from Wal-Mart sent stocks lower on Monday. The Dow Industrials fell 37 points, or 0.4%, to 10,073.

As you'd expect, the bad news on the retail front was bad news for broadcast stocks. The Radio Index fell 2.923, or 1.3%, to 227.975. Regent had the worst day, falling 5.2%. SBS was down 4.9% and Salem was off 3.1%


Radio Stocks

Here's how stocks fared on Monday

Company Symbol Close Change Company Symbol Close Change

Arbitron

ARB

38.74

-0.39

Jeff-Pilot

JP

47.85

-0.35

Beasley

BBGI

14.91

+0.43

Journal Comm.

JRN

16.35

+0.11

Citadel CDL
15.07 +0.25

Radio One, Cl. A

ROIA

16.09

+0.09

Clear Channel

CCU

36.03

-0.11

Radio One, Cl. D

ROIAK

16.00

+0.10

Cox Radio

CXR

17.60

-0.10

Regent

RGCI

5.65

-0.31

Cumulus

CMLS

15.55

-0.38

Saga Commun.

SGA

17.95

-0.25

Disney

DIS

22.17

-0.27

Salem Comm.

SALM

25.81

-0.82

Emmis

EMMS

19.73

-0.23

Sirius Sat. Radio

SIRI

2.34

+0.11

Entercom

ETM

39.49

-0.43

Spanish Bcg.

SBSA

9.01

-0.46

Entravision

EVC

8.08

-0.20

Univision

UVN

34.36

-0.29

Fisher

FSCI

49.64

-0.36

Viacom, Cl. A

VIA

35.66

-0.34

Gaylord

GET

29.00

+0.52

Viacom, Cl. B

VIAb

35.30

-0.31

Hearst-Argyle

HTV

24.16

+0.13

Westwood One

WON

23.65

-0.19

Interep

IREP

0.75

-0.10

XM Sat. Radio

XMSR

26.97

-0.58

International Bcg.

IBCS

0.02

unch

-

-

-

-

-


Have a news story you'd like to share? [email protected]

RBR Audiocast

08/24 - Listen to what Real Local Radio Should Be... Listen to this morning's AudioCast and
Hold On To Your Hair!
Listen Now!
Listen Now
with
Bob DeCarlo'
"In Da Morning"


Bounceback

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

This reader was sad to see Infinity return to Arbitron.

Arbitron...they control the radio ratings world
...they are disliked by most industry people
...they are said to be rude, arrogant and pushy
...they are accused of being over priced
...there are better more accurate systems

and yet Infinity did not have the backbone to go the distance against them, and the other big players hid in the closet while it played itself out. Makes one wonder if Arbitron has compromising pictures of all the industry players. What a shame that the 1,000-pound gorillas had to back down from the bully with the stick.

Tim Johnston
American Radio


Arbitrends

ArbitronMarket Results
| Chicago |
| Los Angeles |
| Middlesex |
| Nassau |
| New York |
| Westchester |


More News Headlines

Competing Media

NBC and Paxson
head back to court

The strained partnership between Paxson Communications and disgruntled shareholder NBC Universal is back for another round of battling in court. It looked like the conflict between the two companies was cooling down when NBC handled the upfront presentation for Pax this year in New York. But now NBC Universal has sued Paxson over the dividend payment that Paxson has to make on the 32% Paxson stake that NBC Universal owns in the form of preferred stock. Not that Paxson has actually ever paid a cash dividend mind you - - the 166 million in dividends due so far have merely accumulated to be paid at some future date. The 8% rate for the first five years of the preferred stock issue is due to be reset next month - - NBC Universal thinks it should be increased dramatically, say to 30%, while Paxson thinks 8% is just fine. "The terms at the heart of this dispute are clear and unambiguous and contradict the claim NBC has filed. We are disappointed that NBC chose to resort to litigation rather than accept the plain meaning of the Certificate of Designation," said Paxson CEO Bud Paxson.

RBR observation: NBC Universal is having to tread a thin line. Much as it would like to get back its 581 million dollar investment in Paxson - - the original 415 million that it paid, plus the 166 million in unpaid dividends - - there's no way that Paxson can pay more than a tiny portion of that today. So it's in NBC Universal's interest to keep Paxson healthy enough, indeed to improve it, so that someone else will be interested in buying it and cashing out NBC Universal. It's not a pleasant situation for either NBC Universal or Bud Paxson, but it looks like this unhappy marriage is going to drag on for a while yet.




RBR Radar 2004
Click on these issues for Radio News you won't read any where else. RBR--First, Accurate, and Independently Owned.

RBR observation - - Why Arbitron stands unchallenged
Although plans by The Media Audit and Infinity Broadcasting to develop Radio Ratings USA are apparently still going ahead, despite Infinity signing a new contract with Arbitron last week, creation of a second radio ratings competitor in major markets is an idea that's unlikely to succeed in today's marketplace. Sure, plenty of radio stations would welcome having an alternative to Arbitron. But strangely, although they pay the bills, the client stations are not the key factor in the equation. The agencies are. They pay relatively little for their access to Arbitron data, but they control the ad dollars..
08/23/04 RBR #164

RBR Observation - - Infinity vs. Arbitron: The aftermath
Like the Wall Street analysts and most people in radio, we at RBR were not surprised that Infinity came back to subscribing to Arbitron's ratings after just a few weeks of operating ratings free. It had been tried before and the result was always the same. We're right back where we started as Arbitron is still the undisputed king of US radio ratings.
08/20/04 RBR #163

Analysts' conclusion:
Infinity blinked
You'd be hard-pressed to find anyone in radio or on Wall Street who believed that Infinity's refusal to renew its ratings contract with Arbitron in June was the final word on the matter. But many had expected a longer hold-out by Infinity.
RBR observation: If you bought Arbitron's stock back in June, figuring this is exactly what would happen, it looks like you made about 3.4% over less than two months. But if you were lucky enough to buy in at the recent low just last week, your profit was over 18% if you sold yesterday. Not a bad return either way. Analysts Kit Spring and Alissa Goldwasser tell it like it is.
08/19/04 RBR #162

RAEL releases first study:
How Radio Ads Affect Consumers
How radio and radio advertising works with listeners, how to maximize ROI and how radio ads can improved upon for effectiveness.
RBR observation: We're still not sure if the radio groups are kicking in enough dollars to fund all of this (RAB doesn't supply the funding details for RAEL), but the big showed up and that's a good sign. Bottom line: Any study can say people have a more personal feeling with radio spots, but too many spots and annoying spots from any medium will turn them away. Next step: Let's fix the programming and invest in the creative production of radio's content. 08/19/04 RBR #162

Infinity signs multi-year
deal with Arbitron
By bringing a good offer to the table, what it is we just are not sure yet, but whatever it is Infinity decided it was fair. RBR had stated the hard posturing from Infinity, may have been, but was, a bluff and wouldn't last a quarter. In fact, many in the industry said they knew this was all a "joke" from the start.
RBR observation: Infinity's biggest problem with Arbitron was and always will be price.
08/18/04 RBR #161


Dir. Affiliate Relations
Waitt Radio Networks seeks Leader to Manage Affiliate Sales Team plus handle a regional territory. GM experience required. Must relocate to Omaha, NE Office. Competitive compensation and benefits. Contact Rod Schmidt.

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