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Radio News ®
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 Banks fire back
Battling continues over which court, if any, should determine whether six big banks have to step up to the plate and finance the 26.7 billion bucks buyout of Clear Channel Communications. The banks have asked a New York court to toss a lawsuit by the would-be buyers, Thomas H. Lee Partners and Bain Capital. And, as reported yesterday by RBR/TVBR, Clear Channel is trying to turn back an attempt by the banks to move another lawsuit from the Texas courts to federal court.
| Read more here |
RBR observation: No doubt there will be legal maneuvering on an almost daily basis. It seems to us the key development to watch for is whether the federal judge in San Antonio acts quickly on the attempt by Clear Channel to have its lawsuit against the banks returned to the Texas state courts, where a judge had already issued a temporary restraining order against the banks (3/27/08 RBR #61). If the ball is knocked back into the court of that fast-moving judge, the hearing he has scheduled for April 8th could bring this to a quick conclusion. Don't bet on it happening.
Enhanced disclosure software going on display
The ink is barely dry on NAB's lawsuit attacking the FCC's new enhanced programming disclosure requirements, but already BroadView Software Inc. has a program to unveil at NAB2008 which it says will largely handle the reports. It's simply a matter of adding a bell here and a whistle there to existing programming and traffic software already in use at most stations. "Some fear that meeting the new Form 355 report will require adding staff and significant resources, but our tools accomplish this with a few minor additions to the existing workflow," said BroadView's Michael Atkin. "Our specialty is combining separate threads of information from traditionally stand-alone programming and traffic systems, to meet larger business and management information needs, and this approach is ideal for addressing the new FCC requirement." The Canadian company has experience producing such reports for broadcasters north of the border.
RBR observation: The Form 355 solution is being offered for television use. The trick, we suppose, will be to translate software designed for television's block-programming set-up to radio's more fluid formatic structure. But it probably can be done. The question will still be: So what? The FCC will have a huge mountain of data to play with, but no laws, rules or regulations of any type giving the agency the power to punish a station for running whatever it wishes to run short of programming material which is actionably indecent. If we bought a station, we would be perfectly within our rights to affiliate with a network 24/7, arrange a JSA with somebody, and then make sure we fulfill or FCC license holder requirements. It would be pathetic, but we could do it, and it would be legal, and if something this pathetic is legal, then there is no point in pretending it is a crime and spending millions of dollars gathering useless evidence.
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Election comes in a third
That's not to say that Campaign 2008 came in third among news topics during the week of 3/24/08-3/30/08 on the latest Project for Excellence in Journalism media coverage chart. It's just that it occupied only about a third of the newshole, a remarkable occurrence in a year when it frequently has hovered around or surpassed the 50% threshold. The news this week is that news organizations rediscovered the Iraq story, thanks to intramural fighting between rival Shia groups. Iraq dominated coverage throughout 2007 but has been the forgotten saga thus far, so its revival is the biggest story about covering stories. The sputtering US economy has laid a solid claim to #2 status throughout much of the first quarter of 2008, but the revival of newsworthy Iraq hostilities relegated it to #3 this time around. In fact, it was the Iraq events subcategory that took #2 with 12% of the newshole. Two other Iraq subcategories and the closely related Afghanistan story claimed three more top ten slots and 5% of the newshole, bringing total Mideast hotspot coverage up to 17%, exactly half of the total devoted to the election. And in the newspaper sector, four Mideast substories trumped the campaign, 22% to 14%.
| Top ten lists here |
A call to arms for
 "Radio's Best Friend"
Many RBR readers no doubt know Art Vuolo, who has been documenting radio talent on video for decades and has long been known as "Radio's Best Friend." But while that moniker dates back about three decades, Vuolo never trademarked it and he is now fighting in court with a record promoter who registered the slogan just a few years ago. "I was given the name 'Radio's Best Friend' by Scott Shannon in the early 1980s...and it first appeared in print in May of 1985 by John Leader when it appeared in R&R's Street Talk. I've been using it ever since...nearly 25 years!" Art said. Vuolo is asking people in radio to help "Radio's Best Friend" if they can provide statements, or hopefully some vintage publications, to demonstrate his prior use of the slogan.
His email is [email protected].
RBR observation: We've known Art Vuolo as "Radio's Best Friend" for as long as we've known Art Vuolo, which is quite a few years and well before the other guy filed to register it. We've found some past RBR references to "Radio's Best Friend" and passed them along. Hopefully lots of other folks will too and Art will be able to keep using "Radio's Best Friend." After all, he can't expect everyone to remember how to spell Vuolo.
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| Wall Street Business Report TM |
Strong quarter for radio at Liberman
LBI Media, the parent company of Liberman Broadcasting, reported that Q4 net revenues increased 0.5% to 27.7 million, primarily due to higher ad revenue from the company's LA and Dallas radio stations. Radio division net revenues shot up 12.5% to 15.6 million. Television division revenues were down 11.7% to 12.1 million, primarily due to revenue declines at the company's California stations.
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Ad Business Report TM
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 Century 21 campaign using radio, TV, print, online
In an ongoing effort to help improve lagging consumer confidence in the real estate industry and further position its brand, Century 21 Real Estate announced April as Century 21 National Open House Month. Participating Century 21 offices across the country are expected to hold an estimated 100,000 open house events during April. The Century 21 System will support and promote April as Century 21 National Open House Month with an aggressive multimedia campaign that will leverage national television, radio, Internet and print. Participating Century 21 brokers and agents will be able to leverage local marketing tools and templates that align with the national creative while providing details of individual open house events. The common theme throughout the campaign is the notion of the Century 21 agent as a professional champion to the consumer and is uniquely positioned to help them navigate the "golden path" home.
Automakers down double digits for March
Ford, GM and Toyota all handed in double-digit percentage declines in March U.S. sales, capping a first quarter in which the industry struggled through a brutal sales environment, reported MarketWatch."This is a very challenging external environment, reflecting a seismic shift in consumer preferences," Jim Farley, chief of Ford's marketing division, said. "I'd like to be able to tell you that the worst is behind us, but I really can't give you that assurance." He said Q2 could prove to be the year's most difficult. As for March, Ford posted a 14.3% decline from a year ago to 227,143 vehicles. The car side, which benefited from a surge in sales of its Focus sedan, declined 9.6%, while trucks saw a 16.7% retreat, with the top-selling F-Series pickup down 23.8%.
| Read more here |
RBR observation: Interesting to see Toyota starting to share the pain of this economy as well. It's not about quality issues anymore, it's about no jobs and a dollar worth next to nothing.
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| NAB Daytime Planner |
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The following will be attending the NAB. Call or email to make your appointment in advance.
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BROKERS
John Pierce & Company LLC;
John L. Pierce, Jamie Rasnick;
office 859-647-0101, John cell 859-512-3015; Jamie cell 513-252-1186, Bellagio Hotel; [email protected]; [email protected]
Serafin Bros., Inc.; Glenn Serafin;
office 813-885-6060; cell 813-494-6875;
Planet Hollywood (formerly the Aladdin) Hotel; [email protected]
Kozacko Media Services;
Dick Kozacko, George Kimble;
office 607-733-7138; Dick cell - 607-738-1219; George cell - 520-465-4302; Bellagio Hotel; [email protected], [email protected]
Patrick Communications;
Larry Patrick, Managing Partner;
Susan Patrick, Managing Partner;
Greg Guy, Managing Partner;
Todd Wirth, Director;
office: 410-799-1740;
Larry cell 410-707-4602 Bellagio Hotel; [email protected], [email protected]; [email protected]
Frank Boyle & Co; Frank Boyle,
office 203-377-3030;
Frank cell 203-249-07818;
Rio Suites Hotel;
[email protected]
Media Venture Partners; Elliot Evers, Brian Pryor, John Cunney, Bill Fanning,
415-391-4877, Bellagio Hotel;
pcarberryharris@mediaventurepartners.com
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BROKERS
Schutz & Company;
Bill Schutz; Bellagio Hotel;
office 757-258-8740,
Bill cell 757-880-9251;
[email protected]
CONSULTING ENGINEERS
Cavell Mertz & Associates, Inc.;
Gary Cavell, Richard Mertz, Dan Ryson; Main Office 703-392-9090;
[email protected]
BANKERS
Dover Capital Partners, LLC
Kirk Warshaw, General Partner
Peter Ottmar, General Partner
Office: 401/723-1063, x109
Peter's Cell: 401/639-4958
Bellagio Hotel; [email protected];
[email protected]
LEGAL
Womble Carlyle Sandridge & Rice, PLLC; Gregg P. Skall office 202-857-4441, Gregg cell; 703-623-0600; John Garziglia; office 202-857-4532; John cell 202-270-8967; Bellagio Hotel; [email protected]; [email protected]
| Bankers | Brokers | Legal |
| Traffic Systems | Consulting Eng. |
Contact [email protected] to get your company listed today.
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| Media Business Report TM |
 Rooney strikes a blow
for free speech
CBS's curmudgeon in residence Andy Rooney, who at age 89 is still making waves on "60 Minutes," has weighed in on the fleeting expletives issue. Foul language on television? He's against it. Regulating foul language on television? He's against that too. Some have been calling the broadcast airwaves an open sewer, but Rooney offered some perspective in his 3/30/08 broadcast on the topic. "No one has ever explained what harm dirty words do but it's like bad manners," he said. "I mean life is a bootstrap operation and dirty words may not be much but they diminish the quality of all our lives by just a little bit." He concluded, "Language is one of the best tools ever invented for anything and English is by far the best language. So, we should be careful using it though -- so I'll damn well decide for myself what I can say and what I can't say."
RBR observation: Rooney said that the FCC should just leave broadcasters alone. In his opinion, most people do not want foul language on TV, and since broadcasters are in the business of serving most people, they will steer clear of it as a simple business calculation. We would say that is the way it is, already. Otherwise, when the clock strikes ten it would signal the beginning of Expletive Time, when the airwaves are suddenly taken over by foul programming which lasts all the way to 6AM the next morning when safe harbor goes away. That's not the way it is, is it? The fact is, for every accidental f-bomb that makes it out over the air, billions upon billions of acceptable words are uttered -- both in and out of safe harbor. There is a dauntingly comprehensive list of difficult problems facing the United States right now. This is not one of them. So let's get off it and focus our energies on the real issues.
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| Media Markets & Money TM |
Walzel waltzes into three-beat buy
It's not often you can get the same basic call letters on three stations without also acquiring an FCC waiver, but Curt Walzel's Telecom Supply Inc. is doing just that with the acquisition of a Livingston TX trio from the Estate of Harold Haley, being handled by Administrator Peggy Sue Marsh. Walzel is setting KETX AM, FM and LPTV -- and since the television portion of the transaction does not involve a full-power facility, it does not activate the waiver requirement. Livingston is located in the southeast portion of Texas well to the north of Houston.
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| Washington Business Report TM |
 Lautenberg trying
for one more encore
Frank Lautenberg (D-NJ), pictured, actually retired from the Senate once upon a time, but was tapped as a pinch-hitter for a trouble Democrat back in 2002 and won a return to the US Senate. Now, at 84, the prominent Commerce Committee warhorse is hitting the campaign trail for yet another term. According to the Associated Press, only one senator have taken more rides around the sun than Lautenberg: Robert Byrd (D-WV), at 90. Ted Stevens (R-AK) is also 84, but got a two-month head start on Lautenberg in the Game of Life, and happens to be running for another term as well.
RBR observation: Lautenberg has strong opinions on broadcast matters, colored strongly by the situation in the state he represents. Nobody would include New Jersey as a prominent member of the USA's rural states, but at the same time, it lacks a major media market of its own. Worse, it is hemmed in by two of the biggest: New York to the north and Philadelphia to the south. As a result, New Jersey radio is comprised of several smaller Arbitron markets, served mostly by lower class radio stations; and on the television side has no defined Nielsen DMA at all. This is a very sore point among residents of the state, and Lautenberg was a driving force behind an FCC hearing on Fox/News Corp.s' WWOR-TV. NJers charge that the Secaucus NJ station puts its focus squarely on New York City and turns a cold shoulder to the state in which it is licensed. Within the Commerce Committee, Byron Dorgan (D-ND) takes the lead on most communications issues, but Lautenberg has been one of Dorgan's reliable allies.
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| Internet Business Report TM |
Radio stations increasingly using
the net, social media to reach audience
A recent survey conducted by News Generation reveals that radio stations have embraced the reality that expanding their audience reach means going where that audience is. And today, that audience is online. The Internet has transformed radio into a visual medium where today's listeners can more accurately be called users. And by implementing social networking media like personality websites, blogs, MySpace pages, and Facebook profiles, radio stations today are reaching their audience with an unprecedented level of interactivity.
| Read more here |
 CBS Radio, Last.fm
to expand reach
CBS Radio and Last.fm, the CBS-owned music and social networking website, announced a strategic partnership designed to expand the reach of each. In so doing, they will enhance the content and features available on their sites, and open the door to cross-promotional opportunities throughout their respective platforms. CBS Radio will provide streaming of all its stations to Last.fm's U.S. audience via its new online player to be launched this Spring. This follows CBS Radio's recent agreement with AOL, which allows AOL listeners access to CBS over-the-air and Internet stations through CBS Radio's new player, and is similar to Last.fm's recent partnership with the BBC's digital radio stations. A staggered rollout of CBS Radio's streams to Last.fm is currently underway and includes all genres, including rock, pop, country, news, talk and sports stations, among others. The full online version of the stations will be streamed, providing Web-based advertisers additional exposure to Last.fm's U.S. audience.
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| Ratings & Research |
Where did the PPM in-tabs go?
After running along pretty steady for quite a while, in-tab numbers dropped in Philadelphia for the most recent week of PPM data reported. The daily in-tab had been well above 1,700 Persons 6+ for at least 12 weeks, even above 1,800, and then fell in Week 1 of March to 1,686. For non-ethnic 12+, the daily in-tab dropped below 1,200 for the first time this year. The weekly in-tab had been above 1,400 Persons 6+, then dropped to 1,243. Likewise, the non-ethnic 12+ weekly in-tab had been no lower than 1,044, but dropped to 905 in Week 1 of March. RBR was in contact with Arbitron executives by email last evening, so perhaps we'll have a full response for tomorrow's issue.
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| Transactions |
1.025M KMBV-FM Navosta TX from The Kalil Holding Group LLC (Frank Kalil) to KSBJ Educational Foundation (Clay D. Dewees et al). 75K escrow, balance in cash at closing. Buyer is non-profit entity. [File date 2/29/08.]
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| Stock Talk |
Is the credit crunch over?
Some investors think they see the light at the end of the tunnel and went on a buying spree yesterday to kick off Q2 2008. Two big European banks, UBS and Deutsche Bank, reported write-offs, which some observers believe is about the end of the write-off cycle from the subprime mess. The Dow Industrials rose 391 points, or 3.2%, to 12,654.
Radio stocks joined in the celebration. The RBR Radio Index gained 5.785, or 6.8%, to 91.097. Volatile Beasley moved back up 54.2% -- no, that's not a typo. Saga rose 6.3% as the next-best performer and most other radio stocks also gained.
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| Radio Stocks |
Here's how stocks fared on Tuesday
| Company |
Symbol |
Close |
Change |
Company |
Symbol |
Close |
Change |
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Arbitron*
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ARB
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44.57
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+1.41
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Google
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GOOG
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465.71
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+25.24
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Beasley*
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BBGI
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5.49
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+1.93
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Hearst-Argyle
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HTV
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20.66
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+0.03
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| CBS CI. B |
CBS |
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22.85
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+0.77
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Journal Comm.
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JRN
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7.54
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+0.16
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| CBS CI. A |
CBSa |
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22.86
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+0.76
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Lincoln Natl.
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LNC
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54.38
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+2.38
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| Citadel* |
CDL |
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1.65 |
-0.01 |
Radio One, Cl. A
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ROIA
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1.49
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-0.03
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Clear Channel*
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CCU
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28.50
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-0.72
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Radio One, Cl. D*
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ROIAK
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1.55
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+0.03
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Cox Radio*
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CXR
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12.00
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+0.12
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Regent*
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RGCI
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1.29
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+0.04
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Cumulus*
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CMLS
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6.76
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+0.38
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Saga Commun.*
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SGA
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6.08
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+0.48
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Debut Bcg.
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DBTB
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1.05
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unch
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Salem Comm.*
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SALM
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4.22
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+0.21
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Disney
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DIS
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31.91
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+0.53
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Sirius Sat. Radio
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SIRI
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2.89
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+0.03
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Emmis*
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EMMS
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3.56
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+0.08
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Spanish Bcg.*
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SBSA
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1.84
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+0.07
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Entercom*
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ETM
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10.35
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+0.42
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Westwood One*
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WON
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2.19
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+0.09
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Entravision
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EVC
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6.77
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+0.11
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XM Sat. Radio
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XMSR
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12.34
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+0.72
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Fisher
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FSCI
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32.30
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+1.14
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-
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-
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-
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-
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-
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*Component of the RBR Radio Index
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Bounceback
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 We want to
hear from you.
This is your column, so send your comments and
a photo to [email protected]
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Below the Fold
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Ad Business Report
Century 21 campaign
Using Radio, TV, print, online...
Media Markets & Money
Walzel waltzes into
3-beat buy. It's not often you can get the same basic call letters...
Internet Business Report
Radio stations increasingly
Using the net, social media to reach audience...
Ratings & Research
Where did the PPM in-tabs go?
In-tab numbers dropped in Philly...
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Stations for Sale
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 Market your Stations For Sale
in our daily epapers.
Contact
Jim Carnegie
[email protected]
Northern California
FM Group
* Highly Desirable Market
* Excellent Signals
* Seller Financing Available
 The Exline Company
Andy McClure
Erick Steinberg
415-479-3484
[email protected]
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More News Headlines
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Fools rush in...
Jim Taszarek had us going for a minute or two with an item in his TazMedia email claiming that just before he was forced out of office, Gov. Eliot Spitzer had pitched the National Governors Association on the idea of state licensing of radio sales people to boost tax revenue. Then we read the other items in his April 1 edition...
| Read more here |
Woody Allen sues for 10 million over billboard
Woody Allen has sued clothing company American Apparel for 10 million for using his image on billboards and on the Internet, reports The AP. In the suit, Allen said he does not endorse commercial products or services in the US, which makes the May 2007 American Apparel billboards and website displays "especially egregious and damaging." The lawsuit said Allen was not contacted by the company and did not consent to the use of his image, which was taken from "Annie Hall," his film that won him a best director Oscar. The image showed Allen, 72, dressed as a Hasidic Jew with a long beard and black hat. The words "American Apparel" were on the billboard. The billboard falsely implied that Allen sponsored, endorsed or was associated with American Apparel, said the lawsuit, which seeks at least 10 million in compensatory damages and unspecified punitive damages. The lawsuit accuses American Apparel of "blatant misappropriation and commercial use of Allen's image" and notes that the company on its website promotes itself as one known for "provocative photography." As of February 2007, American Apparel had more than 6,700 employees and operated 184 retail stores in 13 countries.
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RBR Radar 2008
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Radio News you won't read any where else. RBR--First, Accurate, and Independently Owned.
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Interep files
pre-packaged Chapter 11
This is going down pretty much as our RBR observation had suggested a few days ago. Interep has reached a deal with its creditors and filed Chapter 11 cases in Federal Bankruptcy Court for the company and its subsidiaries.
RBR observation: Things have certainly changed since Oaktree Capital Management first acquired its pile of Interep bonds three years ago and began pressing for a payoff. For RBR's complete business analysis and observation Read more here
04/01/08 RBR #64
CCU battling goes on
Clear Channel Communications has told a federal court that an attempt by a group of banks to move their legal wrangling to federal jurisdiction is improper and that the case should be remanded to the Texas state courts.
TVBR observation: As you'd expect for a legal battle involving 26 billion bucks, the jurisdictional battle is complicated. The banks claim that since Thomas H. Lee Partners and Bain Capital are bound by agreements electing New York state courts to settle disputes, CC Media, the company by which they are to buy Clear Channel, is also bound. Poppycock,
04/01/08 TVBR #64
Localism, Boise is Local
RBR's consistent call for station promotions demonstrating the value of local radio, Peak Broadcasting's 103.3 Kiss Fm Radio is going for a record. We are very pleased to be teaming up with 103.3 KISS FM and KeKe Luv to bring awareness to such a serious public issue"
RBR observation: Congratulations to Peak Broadcasting's Sr. VP Kevin Godwin and his entire staff for doing not just talking. For a listen to the 103.3 Kiss Fm Radio on-air promotion go to RBR.com Media Center. This also goes for TV, send your video and info.
04/01/08 RBR #64
RBR note: If your station is community involved let RBR know as did Peak Broadcasting. RBR is here to show and demonstrate to the FCC that Radio is Local. Send your information, photos and mp3 to [email protected]
Closing table was set,
but banks didn't show
Despite some disagreements with the banks over exactly what the terms of their loans would be, Clear Channel Communications says in an SEC filing that it was set to go to closing on its 26.7 billion bucks buyout last Thursday, as were the would-be buyers, Thomas H. Lee Partners and Bain Capital, but that the banks were a no show.
RBR observation: We will be very surprised if this is resolved quickly. After 16 months of preparation to take the company private, Clear Channel is now in a state of limbo. Read what Clear Channel told the SEC about the failed closing
03/31/08 RBR #63
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RBR.com Classifieds
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Account Executives
WDCW-TV, Washington's CW has two immediate openings. First, for entry-level AE and Second, need an experienced New Business local AE. Highly motivated self-starters who have the ambition to be successful apply. Winning attitude is important. Requirements include ability to develop long-term relationships and have strong closing skills. Must be well-organized and possess excellent presentation skills. EOE. To apply see TV Careers
Hard finding that key person
to fill the important position at your organization? Try RBR Classifieds.
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