Volume 21, Issue 53, Jim Carnegie, Editor & Publisher
Wednesday Morning March 17th, 2004

Radio News ®

Judge refuses to shut down pirate radio station
Radio Free Brattleboro (RFB), the Vermont town's pirate FM, escaped shutdown this week when a US District Court judge denied the FCC's request for a preliminary injunction. So, the pirates remain on the air. | Full Story Click Here |

AFTRA battles against artist
indecency provision

The American Federation of Television and Radio Artists has sent a letter to each member of the Senate urging them to delete a provision in the Broadcast Decency Enforcement Act of 2004 (BDEA) which would provide for substantial fines for on-air artists found to have uttered indecent material. RBR observation: Lose-lose-win situation? | Full Story Click Here | RBR Observation |

Clear Channel assesses indecency risks
Following the large fines it's recently been hit with by the FCC for indecency, we wondered just what Clear Channel Communications would have to say about the indecency crackdown in the annual report it just filed with the SEC. Not much, it turns out. | Full Story Click Here |


John Hogan has a new contract
In its 10-K filing with the SEC, Clear Channel disclosed that two of its top executives signed new contracts in February, including Clear Channel Radio CEO John Hogan. Hogan's new contract runs through January 31, 2006. It carries a base salary of $550,000 for year one and $600,000 for year two. As a signing bonus, he received options to buy 50,000 shares of company stock and is to receive future options grants based on performance, as determined by the board of directors.
| Full Story Click Here |

NYT analyzes CBS delay policy
CBS will not be utilizing a 10-second delay when it airs this year's March Madness college basketball marathon, according to the New York Times, which wrote stories saying it would, then wouldn't use the technology on consecutive days.
| Full Story Click Here |


Conference Calls, Q4 2003

Record results for IDT Corporation
Radio remains a tiny portion of IDT Corporation, but the overall company had a fine fiscal Q2, which ended January 31. Revenues rose 16.9% to a record $527M and gross profits rose 28.6% to $130.9M. The company also posted a net profit of $0.20 per share, compared to a loss of $0.16 a year earlier. The company's radio operations are reported as part of its IDT Media division, which also includes a brochure business - - and IDT CEO Jim Courter says the brochure business still accounts for most of the division's revenues. Those revenues were down a half million dollars for the quarter to $5.3M and the unit's operating loss increased by $300,000 to $1.6M. In his brief comments on IDT Media during his quarterly conference call, Courter did say that he sees good things coming for the radio operation.


Adbiz ©

GlaxoSmithKline launches effort to change perceptions
GlaxoSmithKline launched an effort this week highlighting the company's research and scientists as it attempts to explain to more and more frustrated consumers why prescription drugs are so expensive. "The industry is under a great deal of pressure and public criticism but we're extremely proud of our employees and what they do every day and the value this industry has for society," Glaxo spokeswoman Nancy Pekarek told the AP. "That message is not getting through, and we felt that it was time to step up and tell our story." | Full Story Click Here |

CiCi's Pizza names Deutsch AOR
CiCi's Pizza, the 470-unit chain of all-you-can-eat buffets, announced it is naming Deutsch LA as AOR for its $15M-18M account. Deutsch will handle all of CiCi's marketing needs, including brand strategy, television, radio, print, and media planning and buying. Deutsch will begin working on the CiCi's Pizza business immediately. "As we grow, we are looking for a marketing partner that can creatively communicate the benefits of CiCi's to help us grow this great brand" noted CiCi's Tom Koenigsberg, Chief Marketing Officer. "Deutsch's impressive track record of driving retail sales and developing breakthrough creative, coupled with a dynamic team of people, make it a perfect fit for CiCi's."

DirecTV signs Twentieth TV for ad sales
DirecTV has tapped Twentieth Television to handle all ad sales. The predicted move follows News Corp.'s 34% buy DirecTV parent Hughes Corp. Inventory includes 75+ networks and DirecTV's sports subscription packages. Sales will be overseen by Bob Riordon, who recently joined Twentieth as SVP from Havas' MPG agency. The satellite service has 12.3M subscribers.


Media, Markets & Money tm

Second things First: Kolobielski strikes again
First Media Radio, purveyors of small-town radio in the Mid-Atlantic region of the country, has struck again, making a Blue Ridge-area combo its second buy in the state of Virginia. The seller is Equus Communications' Keith Putbrese. | Full Story Click Here |

Casino Radio cashes out
Broker Andrew McClure of the Exline Company reports the sale of KPTL-AM Carson City, NV for $700,000. The buyer is The Evans Broadcast Company, headed by Jerry Evans, who also owns KGVM-FM Garderville-Minden, NV. Seller Casino Radio, headed by Harold Holder Sr., exits the business.

Close encounter in Paducah
Broker Mike Bergner tells RBR that Pete Nininger has closed on his $3.15M deal to expand in the Paducah KY market. Nininger's Bristol Broadcasting is getting WDXR-AM Paducah, WKJM-AM & WLLE-FM Mayfield, KY, WKBG-FM Clinton, KY and WLIE-FM Golconda, IL. Bristol already owns WPAD-AM, WKYX-FM and WKYQ-AM, all licensed to Paducah (12/15/03 RBR Daily Epaper #243). The seller is Forever Broadcasting, the partnership owned in part by broadcast veterans Kerby Confer and Donald Alt.

Clear Channel hedges XM investment
XM Satellite Radio was one of the top performing stocks on Wall Street in 2003 and Clear Channel Communications apparently decided to make sure it wouldn't see those investment profits slip away if the stock fizzles. In its 10-K report to the SEC, Clear Channel revealed that it hedged its entire 8.3M share stake in XM at some point during 2003. Clear Channel received $83.5M in proceeds from entering into a five-year secured forward exchange contract for its XM shares. That allows Clear Channel to continue to vote the stock and share in a portion of any gain in the stock price, while limiting its downside exposure. A statement from outside auditors Ernst & Young notes that Clear Channel must deliver either the XM shares or cash at the expiration of the contract. Clear Channel had also hedged its investment in American Tower - - which proved to be a fortuitous move.


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Washington Beat

Latino Boom is bad location for Kingman FM
KTCM-FM licensee Maria L. Salazar has been hit with a notice of apparent liability (NAL) for a litany of violations. Most stemmed from a complaint that the Kingman KS station was operating from an unauthorized location. FCC field agents tracked down program origination from the Latino Boom Nightclub in Wichita, which indeed was an unlicensed broadcast location. | Full Story Click Here |

Adelstein promises to carry on fight
against consolidation
According to Variety.com, Commissioner Jonathan Adelstein was a keynote speaker at a session held by the Center for Creative Voices in Media. He promised to continue fighting media consolidation as a means of promoting creativity. Adelstein joined with fellow Democrat Michael Copps in opposing the famous/infamous 6/2/03 FCC ruling on media ownership which liberalized rules on television ownership and cross-media ownership, while perhaps adding some restrictions to the previously-liberalized radio ownership rules.


Transactions

$230,000 WJJM AM & FM Lewisburg TN from Martha M. Lingner, Executrix to WJJM Inc. (Michelle W. Haislip). Note. Buyer is granddaughter of seller. [File date 2/19/04.]

$112,500 WAPC-FM Terre Haute IN and KBKC-FM Moberly MO from IHR Educational Broadcasting (Douglas M. Sherman) to Covenant Network (John Anthony Holman, Tammy T. Keppner, Teresa M. Holman). Cash. Also includes FM translators in Atokoa OK, Chadron NE and Harvey ND. [File date 2/18/04.]


Stock Talk

Fed's inaction cheers the markets
The Federal Reserve's Open Market Committee voted to do nothing Tuesday, and stock traders liked that just fine. The Fed left interest rates unchanged and indicated that it was in no hurry to start boosting them. Traders moved into the market to buy bargain stocks battered by recent losses. The Dow Industrials moved up 82 points, or 0.8%, to close at 10,185.

Radio stocks were also higher. The Radio Index gained 1.093, or 0.4%, to 258.466. Ever volatile Regent was the big gainer, up 4.3%. Penny stock International Broadcasting gained 54% (a cent and a half) after announcing that it had increased its satellite program distribution to 24 hours a day, seven days a week.

There was no particular news about Citadel, but its stock fell 3.3% on a day when most radio stocks moved up.


Radio Stocks

Here's how stocks fared on Tuesday

Company Symbol Close Change Company Symbol Close Change

Arbitron

ARB

$39.92

-$0.46

Jeff-Pilot

JP

$53.30

+$0.70

Beasley

BBGI

$17.91

+$0.38

Journal Comm.

JRN

$18.60

-$0.09

Citadel CDL $16.43 -$0.56

Radio One, Cl. A

ROIA

$18.61

unch

Clear Channel

CCU

$40.72

-$0.07

Radio One, Cl. D

ROIAK

$18.54

-$0.01

Cox Radio

CXR

$20.93

+$0.04

Regent

RGCI

$6.34

+$0.26

Cumulus

CMLS

$19.57

+$0.07

Saga Commun.

SGA

$18.96

+$0.31

Disney

DIS

$25.48

+$0.15

Salem Comm.

SALM

$25.04

+$0.04

Emmis

EMMS

$23.85

+$0.41

Sirius Sat. Radio

SIRI

$3.07

+$0.08

Entercom

ETM

$43.52

+$0.13

Spanish Bcg.

SBSA

$9.67

-$0.03

Entravision

EVC

$8.61

+$0.10

Univision

UVN

$33.72

+$0.59

Fisher

FSCI

$48.80

+$0.30

Viacom, Cl. A

VIA

$37.32

-$0.09

Gaylord

GET

$29.90

-$0.39

Viacom, Cl. B

VIAb

$37.09

-$0.02

Hearst-Argyle

HTV

$26.04

+$0.14

Westwood One

WON

$28.87

-$0.22

Interep

IREP

$2.25

unch

XM Sat. Radio

XMSR

$26.18

+$0.68

International Bcg.

IBCS

$0.04

+$0.02

-

-

-

-


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Upped & Tapped

Entercom ups Lichtman
Entercom has promoted Portland VP/Sales David Lichtman to VP/GM of its Sacramento cluster, working with VP/Market Manager John Geary.


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The following brokers will be attending the NAB. Call or email to make your appointment in advance.
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Cliff Gardiner, Clifton Gardiner & Company, 303-758-6900, [email protected]

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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.

Clear Channel
responds to Elliot fine
It adopted its Responsible Broadcasting Initiative, a zero tolerance policy comprised of a series of preventive measures that includes a company wide training course on the FCC indecency regulations. But, the zero tolerance policy will not be applied to this case, however, since it involves an incident which took place almost a year ago, well before the policy was put into place.Total fine levied by the FCC was $247.5K RBR observation: Ditto - Ditto from yesterday! The Buh-Duhhhhhh Award - - in recognition of the single stupidest act by a broadcaster for a given period of time, the top slot to Clear Channel even if it stays in business another thousand years. 03/16/04 RBR #52

Inner City Chairman hopes Air America will up WLIB revenues
Flip its New York AM, WLIB, to the new Air America liberal talk network launching March 31st isn't so much about politics as it is about money. WLIB has more listeners, Sutton notes, than stations that do make money. But many WLIB listeners are black, and advertisers do not support black media as they support 'mainstream' media. 'I go to advertising conferences and I don't see a lot of people who look like me,' says Sutton. Editor's Note: Bravo 'Pepe' going for the truth. It is about the money. 03/16/04 RBR #52

Are regulators ready to face the Woody Woodpecker problem?
The ravening mobs of regulators and legislators who have formed posse after posse to round up recalcitrant smut-airing broadcasters have been railing about the degraded quality of programming on the air today. The filth, they all say, is becoming completely intolerable, and something must be done about it. Yet, on broadcast TV anyway, there are only three incidents of indecency that you ever hear about over the past year: Bono, Nicole Richie and Janet Jackson. 03/16/04 RBR #52

Elliot in the Mourning?
FCC levels DC DJ
Three Clear Channel radio stations which carry the "Elliot in the Morning" AM drive show were hit with a $247.5K fine, the statutory maximum, for nine counts of alleged indecency. TVBR observation: If we start giving out the BDA - - the Buh-Duhhhhhh Award - - in recognition of the single stupidest act by a broadcaster for a given period of time, the top slot to Clear Channel even if it stays in business another thousand years. 03/15/04 TVBR #51

House passes indecency crackdown
No doubt about it - outrage over broadcast indecency is a bi-partisan affair. The full House of Representatives passed H.R. 3717, The Broadcast Decency Enforcement Act of 2004, by an overwhelming 391-22 vote. The primary focus of the bill is to put more teeth into the FCC's enforcement of its indecency rules, mainly by increasing the maximum fine to $500K. Perhaps even more significantly, it also puts broadcast licenses on the table. Editor's Note: There's more to come. Bobby Rush (D-IL) noted the Internet will soon focus its attention on broadcast violence. 03/12/04 RBR #50

Cable TV: You're next!
Programming did not go unnoticed - Look out there is a good deal of support for the notion of adding some cable regulation to both versions of the Broadcast Decency Enforcement Act of 2004 (BDEA). RBR observation: We have no idea if Congress is going to do anything about cable programming, nor do we know when if "if" kicks in. But we do know this - - we just wrote 653 words off the top of our head about something that didn't even happen. A lot of thought on Capitol Hill has gone into this, and a lot of hot air has been used to express those thoughts. Hey, NCTA - - you might as well start polishing up your defense now. 03/12/04 RBR #50


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