Media mega-merger may be moving closer, impacting Miami

I’ve avoided writing much about Sinclair Broadcast Group trying to buy Tribune Media because I’ve been busy and I don’t want to jinx any possibility the merger will fall through.

But there has been some news, and the biggest for a local TV market could be Miami/Fort Lauderdale (of course!).

feature no sinclair tribune miami

You’ll remember, one of the biggest, nastiest TV station groups has been trying to buy another biggie. (Click here for the official Federal Communications Commission docket.)

Of course, I’m referring to Sinclair Broadcast Group doing everything it can to spread its conservative information campaign to most of the U.S. that the company doesn’t already reach.

One week ago, TVNewsCheck‘s Harry Jessell noted,

For nearly a year, Sinclair has been screwing around, working every angle in its grim determination to hang on to every Tribune station it could in the face of FCC ownership caps and Justice Department antitrust limits.”

But the deal announced in May, 2017, still hasn’t happened.

To follow through, it would need government approval: from the Justice Department for antitrust worries and the FCC to approve ownership limits. (And Sinclair may have already gotten “help” from FCC chairman Ajit Pai, who was selected by President Trump. Pai is now under investigation by his own agency’s inspector general. Keep reading.)

The $3.9 billion deal would still require a number of stations to be sold. The questions partially responsible for holding things up were how many, and in which cities? About six weeks ago, I explained TV ownership limits are very complicated, with four rules in play: 1. national TV ownership, 2. local TV multiple ownership, 3. the number of independently owned “media voices” – 4. and at least one of the stations is not ranked among the top four stations in the DMA (that’s the “designated market area” or city, and ranking based on audience share), and at least eight independently owned TV stations would remain in the market after the proposed combination.

angry womanPlus, there have been literally thousands of complaints from activists who know how important this is. Click here to see 4,497 total FCC filings since July 5, 2017, including 891 in the past 30 days. THANK YOU if your name is on the list! Keep reading for directions on how to say no.

Now, click here to see some of the “33 concurrently filed applications on FCC Form 315 that seek the Commission’s consent to a transaction,” back in July, 2017, and what the companies consider “Public interest benefits of the transaction.” You’ll soon know better if you actually believe there are public interest benefits! You’ll also notice the companies fighting for every last station they could, to grow even larger.

sinclair broadcast group

On April 24, The Wall Street Journal reported Sinclair “reached deals to sell nearly two dozen television stations as it works to get regulators to sign off on its purchase of Tribune.”

Sinclair said it’ll spin off 23 stations in 18 markets – some owned by Sinclair and others by Tribune.

Also on April 24, Deadline magazine reported, “Sinclair expects the transactions for the station sales to close the same day the Tribune deal is approved, and now estimates it all will be wrapped up by June.”

Folks, that’s next month!

So let’s take a look at the “List of stations to be divested,” filed with the FCC in April. Click here for the complete 138 pages.

These are the stations currently owned by Sinclair that would be divested only if the merger goes through…

sinclair divest

and these are the stations currently owned by Tribune.

tribune divest

So now we know who is expected to own the stations a Sinclair-Tribune combination would not be allowed to keep. Unfortunately, it’s not as clear as the charts above that list call letters and cities.

First, the official licensee could have a different name but we know we’re dealing with stations owned by Sinclair and Tribune.

More importantly and suspiciously is the last column, called Buyer. That’s because Sinclair has been the king of using shell companies to get around ownership rules. These corporations are either owned by the Smith family that owns Sinclair, or others that let Sinclair program them through local marketing agreements. Sinclair doesn’t technically own all those stations, but operates them as if they do.

So let’s take a look.

Cunningham Broadcasting

Cunningham Broadcasting Corporation is the most controversial. It calls itself “an independent television broadcast company that, together with its subsidiaries, owns and/or operates 20 television stations in 18 markets across the United States.”

First, notice “owns and/or operates.”

As for independent, Wednesday, Forbes magazine (not a liberal publication) put out an article called “Meet the Billionaire Clan Behind the Media Outlet Liberals Love To Hate” and it described Sinclair’s owners and their ties to Cunningham.

“The Smith family, which includes brothers David, Robert, Frederick, J. Duncan and a flurry of family trusts, is worth a combined $1.2 billion, Forbes estimates, based on the family members’ ownership of stock in publicly traded Sinclair Broadcasting, share sales over the past 15 years, dividends and some private assets,” it read.

“Revenues have increased 281% over the last decade to $2.7 billion in 2017, while Sinclair’s share price has increased 367% over the same period, pushing its market capitalization up to a recent $3 billion. All of this growth has occurred under the control and oversight of David Smith, 67, the chairman and former CEO of the company, as well as the son of the company’s founder Julian Sinclair Smith,” it continued.

Jessell of TVNewsCheck reported, “Its financials are consolidated with Sinclair’s in its SEC filings and earnings reports.”

Forbes quoted Daniel Kurnos, an analyst at Benchmark Capital, as saying, “Sinclair plays some of the hardest ball of anyone,” from acquiring stations to negotiating advertisement pricing and retransmission fees, which are some of the highest in the business.

SIDEBAR: Wednesday, The TV Answer Man Phillip Swann reported PlayStation Vue removed Sinclair-owned local stations affiliated with Big 4 networks from its streaming lineup without an explanation. Just Tuesday, subscribers got an e-mail that live channels would be replaced May 1 (that day) with an On-Demand version.

PlayStation Vue

Sinclair said it pulled the stations and blamed “Sony (for) failing to comply with certain contractual provisions.” It didn’t elaborate but urged Sony subscribers to consider other video distributor options, including Sony competitor YouTube TV.

Sony hasn’t commented.

The Baltimore Sun reports, “Sony describes PlayStation Vue as a live streaming TV service for up to five devices at once that offers sports, news and other programs along with premium channels and a cloud DVR.”

BACK TO THE STORY: Under David Smith, who wouldn’t comment for the article, Sinclair went from three cities – Baltimore, Pittsburgh and Columbus – to what it is today.

sinclair before tribune
Sinclair today, without Tribune

“To ‘purely make money’ in a scale-oriented business, David bought up as many broadcast stations as possible. First he concentrated on secondary markets, like Memphis, St. Louis and San Antonio, where operation costs were cheaper than in places like New York or Chicago.

“‘I believed that certain things were going to happen in the television industry, the most important being consolidation,’” David told Forbes in 1996.

So much for public service!

But then came the controversial Cunningham, arguably rigging the system.

“In the 1990s, the company pioneered a technique to circumvent an FCC rule limiting ownership of more than one TV station per metro area. David’s mother, Carolyn Smith, started another business, Cunningham Broadcasting. Following Carolyn’s death in 2012, most of the ownership of Cunningham Broadcasting shifted to a family trust, which is included in the overall Smith family valuation.”

So Cunningham really isn’t independent, as its website claims!

Known as “Glencairn, Ltd. prior to 2002,” it got into some trouble back in 1998. In July of that year, Broadcasting & Cable magazine reported,

PUSH pushing FCC over Sinclair/Glencairn

“The Rainbow/PUSH Coalition is raising questions at the FCC about whether Sinclair Broadcasting is exercising control over a minority-headed TV group with which it has struck a series of local marketing agreements (LMAs).

“In a July 1 filing at the FCC, Rainbow/PUSH said it plans to study whether the LMA deal between Sinclair’s KABB(TV) San Antonio and Glencairn’s KRRT(TV) Kerrville, Tex., violates the commission’s prohibition against common ownership of two local stations. (The rules were more strict then.)

“‘Rainbow/PUSH has not had an opportunity to fully research this matter, and thus preserves here the question of whether Glencaim is the alter ego of Sinclair,’ the group told the FCC.”

More than three years later, in Dec., 2001, Broadcasting & Cable was finally able to report the decision.

FCC fines Sinclair for Glencairn control

“Sinclair Broadcasting exercised illegal control of business partner Glencairn Ltd., the FCC found Monday after three years of investigating the companies’ relationship.

“Each company was fined $40,000 but escaped tougher sanction sought by civil rights groups-a government rejection of Sinclair’s request to buy 14 stations from Sullivan Broadcasting.

“The commission’s three Republicans judged that the companies were liable for misinterpreting FCC policies, but found they did not intentionally mislead the agency about compliance.

“Democratic Commissioner Michael Copps wanted the FCC to pursue a tougher sanction and voted to designate the station sales for hearing in front of an administrative law judge.

“Sinclair has repeatedly ‘stretched the limits’ of FCC ownership rules, he said.”

lisa asher
http://cunninghambroadcasting.com/about-us/

Back to the Forbes article, last year, Cunningham paid Sinclair more than $120 million for running its stations. Also, Cunningham admits its treasurer and chief financial officer, Lisa Asher, worked as Sinclair’s assistant controller before moving over in 2002.

So we know Cunningham, set to buy Tribune stations in Dallas and Houston, appears to be a shell company, and we can make bets who will operate and control it if the Sinclair-Tribune deal ever comes to fruition.

But there’s a lot more evidence.

Cunningham is headquartered near Sinclair in Maryland, which is very convenient since

“Cunningham Broadcasting owns the FCC broadcast licenses and operates through various management agreements with Sinclair Broadcast Group, Inc. WNUV-TV in Baltimore, Maryland; WTTE-TV in Columbus, Ohio; WMYA-TV in Anderson, South Carolina; WRGT-TV in Dayton, Ohio; WVAH-TV in Charleston, West Virginia; WDBB-TV in Bessemer, Alabama; WBSF-TV in Flint, Michigan; WGTU-TV in Traverse City, Michigan; KBVU-TV in Eureka, California; KCVU-TV in Chico-Redding, California; WEMT-TV in Greeneville, Tennessee; WPFO-TV in Portland, Maine; WYDO-TV in Greenville, North Carolina; and KRNV-TV & KENV-TV in Reno, Nevada.”

Fox TV stations

Looking at its list of stations — something the Fox Television Stations Group never posted on its own website despite me calling them out for it herehere, here, here (so far in no particular order, although I may have missed a couple), and my favorite, here — you may realize Sinclair recently bought Bonten Media Group (Disclosure: I used to be Digital Media Manager at the former Bonten’s WCYB but left before the sale.) but Cunningham bought the stations Bonten operated. Notice those stations listed on the website have no websites of their own. And I’ll get back to Fox later. I’ll bet they can’t wait!

WBFFAnother dead giveaway is that Cunningham is based at 2000 W. 41st Street, Baltimore MD 21211 and coincidentally, Sinclair flagship WBFF-45 (Fox affiliate) has the same address!

But not just WBFF.

WNUVSo is WNUV-54 (CW affiliate), which says it’s “owned and operated by Cunningham Broadcasting Corporation and receives certain services from an affiliation of Sinclair Broadcast Group.”

(Sinclair, the corporation, is based in nearby Hunt Valley, MD.)

But that’s not all, folks!

WUTBThere’s still WUTV-24 (MyNetworkTV affiliate), with the same look as the other websites, which says it’s “a SBG Television affiliate owned and operated by Deerfield Media, Inc and receives certain services from an affiliation of Sinclair Broadcast Group.”

Deerfield, with apparently no website of its own (so see Wikipedia’s take), is another of the shell companies, formed in 2012 but not involved in the proposed Tribune transaction.

How’d that happen?

In Nov., 2012, TVNewsCheck reported,

“For years (before 2012), Fox Television Stations’ WUTB Baltimore gave Fox considerable leverage in its sometime contentious affiliation negotiations with Sinclair Broadcast Group.

“If Sinclair ever got out of line, Fox could threaten to yank its affiliation from Sinclair’s flagship station WBFF Baltimore and move it to WUTB.

“But last May, Fox relinquished that leverage when it extended its affiliation with WBFF and 18 other Sinclair stations for five years starting Jan. 1, 2013, and granted Sinclair an option to buy WUTB.

“Sinclair is now exercising that option by assigning it to a third party, Deerfield LLC.

“According to an FCC filing seeking approval of the deal, Deerfield is buying WUTB and allowing Sinclair to run the MNT affiliate through joint sales and shared services agreements.

“The deal gives Sinclair a virtual triopoly in Baltimore where it also operates CW affiliate WNUV, which is owned by Cunningham Broadcasting, Sinclair’s longtime duopoly partner that is controlled by trusts for the children of Sinclair’s controlling shareholders.”

But Sinclair and Deerfield were already in cahoots.

Months earlier, in July, 2012, MarketWatch reported Sinclair intended

“to buy six television stations from Newport Television LLC for $412.5 million and agreed to buy Bay Television Inc. for $40 million. … Sinclair also agreed to sell the license assets of its San Antonio station KMYS and its WSTR station in Cincinnati to Deerfield Media Inc. Sinclair will also assign Deerfield the right to buy the license assets of WPMI and WJTC in the Mobile/Pensacola market, after which Sinclair will provide sales and other non-programming services to each of these four stations under shared services and joint sales agreements.”

The next day, TVNewsCheck reported,

“Sinclair Broadcast is getting six stations in five markets for $412.5 million:
— Cincinnati (DMA 35) — WKRC (CBS)
— San Antonio, Texas (DMA 36) — WOAI (NBC)
— Harrisburg-Lancaster (DMA 41) — WHP (CBS)
— Mobile, Ala.-Pensacola, Fla. (DMA 60) — WPMI (NBC) and WJTC (Ind.)
— Wichita, Kan. (DMA 67) — KSAS (Fox)

“Sinclair is also acquiring Newport’s rights to operate third-party duopoly stations in Harrisburg, Pa. (CW affiliate WLYH), and Wichita, Kan. (MNT affiliate KMTW). Those rights include options to buy the stations. …

“While Sinclair was buying, it was also selling.

“It said it would spin off its CW affiliate in San Antonio (KMYS) and its MNT affiliate in Cincinnati (WSTR) to Deerfield Media Inc., presumably to comply with the FCC ownership limits. In the deal, Deerfield also picks up an option to buy two of the stations it is acquiring from Newport, WPMI-WJTC Mobile, Ala.-Pensacola, Fla.

“Sinclair said it intends to ‘provide sales and other non-programming services to each of these four stations pursuant to shared services and joint sales agreements.’

“In yet another deal, Sinclair said it is buying WTTA Tampa-St. Petersburg from Bay Television Inc. for $40 million. Since 1998, Sinclair has operated WTTA pursuant to a local marketing agreement.”

And that was the start of the Deerfield connection!

tv airwaves

Even more telling is that Deerfield’s WUTV moved from Channel 24 (24.1) to 45.2, which is a subchannel of Sinclair’s WBFF! The website doesn’t tell why. It just explains to viewers watching over the air with an antenna how to rescan, but the reason is really the FCC’s recent spectrum auction.

With three stations realistically (unless you prefer names over control), Sinclair was in a great position to sell off some spectrum space and make even more money. This website shows Channel 24 will go off the air and the owner (or operator?) will get $122,912,964 for its spectrum.

SIDEBAR: The purpose of the reverse auction is “broadcaster licensees bid (low price) to relinquish spectrum usage rights.” Then, “the FCC will reauthorize and relicense the facilities of the remaining broadcast television stations that receive new channel assignments in the repacking” so the remaining stations are close together and that will happen in waves because there are so many. And finally the FCC will sell that spectrum to commercial wireless service providers (high price) to expand mobile broadband services. (That has all happened already except for stations moving to their new assignments.)

It looks like stations sold $10 billion of spectrum and wireless providers bought $19 billion, so the FCC made money.

BACK TO OUR STORY: So for those of you in Baltimore, do you need to reach the newsroom, are you looking for a job (Would they hire me for my investigative work?), or interested in inspecting the FCC public file of any of the three stations? All the information is the same, from address to phone numbers, and we already established three stations in one city are not allowed!

To the next perspective buyer…

hsh Howard Stirk HoldingsHSH stands for Howard Stirk Holdings, and is owned by conservative journalist, entrepreneur and producer Armstrong Williams. Wikipedia described Howard Stirk Holdings as “a media company affiliated with Sinclair Broadcasting that has made numerous television station purchases.”

Don’t believe it? It’s somewhat true, after a controversial beginning.

In a Broadcasting & Cable article on the news section of HSH’s website dated July, 2013, and was written in first-person, Williams mentions suing the FCC for not reviewing

“its broadcast ownership rules every four years. …

“This is one of the reasons why my company, Howard Stirk Holdings, LLC (HSH), has sued the FCC. As an African American licensee of two television stations, I believe that by refusing to complete its 2010 quadrennial review, the FCC has unlawfully withheld taking an action required by Congress and the law, and thus is arbitrarily and capriciously retaining burdensome regulations that are no longer in the public interest.”

Williams was angry the FCC “adopted a new rule restricting joint sales agreements (JSAs) between television broadcasters in the same market.”

He claimed, “It effectively slams the door shut on an important gateway to enhancing localism, viewpoint diversity, and opportunities in broadcast television ownership by minorities and underrepresented groups.”

But there’s more.

Armstrong Williams talked about the impact of a March 31, 2014, Federal Communications Commission (FCC) ruling that television station owners cannot control more than one station in the same local market via the use of joint sales agreements and shared services agreements, often known as “sidecar” deals. Mr. Armstrong, who owns two TV stations through a sidecar agreement with Sinclair Broadcasting, argued that the ruling could cause minority owners, and small station owners more generally, to be forced out of existence.”

That’s from a C-SPAN article on the news section of HSH’s website dated April, 2014, where you can watch the whole interview.

Washington Times article from a few weeks earlier, on the same News page as the others on HSH’s website, said,

“The FCC, backed by the Obama administration Justice Department, argues that broadcasters have used the shared-service, or “sidecar,” arrangements to circumvent long-standing rules against owning multiple television stations in a single market, allowing them to raise ad prices and weaken market competition.”

armstrong williamsWilliams and his supporters suggest a more partisan motive: his conservative views.

In fact, it seems every article in HSH’s News section mentions Sinclair or those joint sales agreements designed to get by without abiding by the FCC’s ownership rules!

In other words, he was a great partner for Sinclair since he’s a minority (but without the views of most other minorities) and they’re both making money by using each other!

But I found it eventually gets somewhat better.

hsh jobs
http://www.hsh.media/search-openings/

Howard Stirk Holdings’ website’s Content Creation page calls it “a leading broadcast television company” but have you heard of it before starting this article? The page doesn’t say how many TV stations it owns or operates on its own. Even the page to search job openings offers no links (except the top navigation which doesn’t say much), and that includes its Terms of Service and Privacy Policy.

Something was obviously wrong, so I turned to the FCC and found no entities or file names from before 2012.

Then I went to Wikipedia and read Williams helped Sinclair buy Barrington Broadcasting in late 2013, so he got stations in Flint, MI, and Myrtle Beach, SC, but they remain operated by Sinclair. They’re actually his only stations run by Sinclair and remember, at the time, his company was accused of “acting as a ‘sidecar’ of Sinclair to skirt FCC ownership rules.”

But that was then.

A year later, he actually, really bought three stations from Sinclair: one in Charleston and two in Alabama.

Charleston wasn’t planned. The first two paragraphs from a Sept., 2014, Broadcasting & Cable magazine article is posted on HSH’s website’s News section.

Howard Stirk Holdings Grabs WCIV for $50,000

“Howard Stirk Holdings, run by Armstrong Williams, has agreed to acquire WCIV Charleston for $50,000. Sinclair picked up WCIV, an ABC affiliate, when it acquired Allbritton. While Howard Stirk is acquiring the license, among other assets, it and Sinclair will share some aspects related to the station, and Sinclair will provide services.

“‘We’ll continue some of the wonderful business relationships we have with them,’ said Armstrong Williams, principal at Howard Stirk Holdings.”

WCIV’s services came up because of a tangled web of local marketing agreements. There were ownership conflicts over licenses and other assets of three stations.

charleston 36Sinclair owned MyNetworkTV affiliate WMMP-36 for years. Then, in 2001, it bought and spun off Fox affiliate WTAT-24 to Glencairn (to become Cunningham) and crafted a local marketing agreement between the two stations. That got Sinclair fined Sinclair $40,000 for illegally controlling a duopoly.

But in 2013, Allbritton sold its entire television group, including ABC affiliate WCIV-4, to Sinclair, which intended to sell WMMP’s license but still control it. Thus, three stations!

Unfortunately for Sinclair, WMMP had that local marketing agreement with WTAT. So Sinclair decided to cut ties from WTAT, keep the more established WCIV and sell WMMP.charleston 4

But Sinclair told the FCC it couldn’t find a buyer for WMMP, so it would shut down WCIV and keep WMMP because its facilities were better — but move WCIV’s affiliation and all its programming to WMMP. Then, WMMP’s programming including MyNetworkTV would move to a subchannel.

Instead, Sinclair filed to have WCIV’s license sold to HSH to avoid shutting it down. Thus, the low price of $50,000. Then, the two stations swapped licenses, Sinclair let Williams’ WCIV share studio space at WMMP’s facilities and Williams explained he hoped to “continue some of the wonderful business relationships we have with [Sinclair]” through the deal — but operated independently from Sinclair.

Shortly after, this page on the company’s website’s News section lifts the first four paragraphs from a Feb., 2015, Broadcasting & Cable magazine article.

Howard Stirk Acquires KVMY Las Vegas

“Howard Stirk Holdings has agreed to acquire KVMY, the Las Vegas MyNetworkTV affiliate, for $150,000. Armstrong Williams is the principal at Howard Stirk, which is closely aligned with Sinclair. The price reflects $25,000 for the equity assets, including the FCC license, and $125,000 for the transmission assets.

“According to the following, Howard Stirk ‘acknowledges that it is not buying the Business of KVMY-TV as a going concern.’” (There was a call letter and affiliation change, but Howard Stirk Holdings runs several digital subchannel networks on the signal.)

“In September, Sinclair agreed to acquire NBC affiliate KSNV Las Vegas for $120 million. It also owns CW outlet KVCW.

“Last year, Howard Stirk Holdings acquired the license and other assets to WCIV Charleston from Sinclair for $50,000.”

So they’ve been in business several times, and it may not be over.

George W BushSome more about Williams: In 2004, the Bush administration paid him $240,000 to promote the No Child Left Behind (NCLB) law on his nationally syndicated TV show and urge other black journalists to do the same. USA Today reported the campaign was part of an effort to build support among black families and Williams was “to regularly comment on NCLB during the course of his broadcasts” and interview Education Secretary Rod Paige for TV and radio spots that aired during the show. Williams said he understood critics could find the arrangement unethical, but “I wanted to do it because it’s something I believe in.”

Two years ago, The Washington Post reported Williams settled a sexual harassment and retaliation suit filed by a former salesman at a DC Jos. A. Bank. Court records reportedly showed the complaint alleged Williams had sought sexual favors after befriending and mentoring the other man. That man did get jobs at the Washington Times and then at a Howard Stirk Holdings TV station, but he lost that job.

It wasn’t Williams’ first such situation.gavel judge

In 1997, Williams’ former personal trainer-turned-producer sued him, contending he “repeatedly kissed and fondled him for almost two years,” before being fired. Williams claimed he was fired for incompetence. That case was also settled.

Bottom line: As of now, Howard Stirk Holdings owns seven stations. Two are in the same Anniston-Tuscaloosa-Birmingham, Ala., market, and Williams’ first two are still run by Sinclair. Now, after other purchases, he’s expecting to buy three more if the Sinclair-Tribune merger happens.

standard media

Then there’s Standard Media Group. I hadn’t heard of them either. Its website says Standard General was founded in 2007 and is pretty much an investment advisor, but getting into the broadcasting business. We’ll see how long that lasts. Investment firms are more likely to sell than others with broadcasting in their blood, especially ones who invest in their communities.

Now, if the deal goes through, it’ll fulfill its “goal of swiftly building a substantial broadcast television group with a strong and diverse voice” that includes four state capitals.

The stations are Fox affiliates except where noted: Oklahoma City, Grand Rapids, York PA, Greensboro NC (ABC), Richmond, Sinclair’s role in a Wilkes Barre Fox-CW-MyNetworkTV triopoly, and Des Moines.

meredith corporation

You may have noticed Meredith Corp. on the list of buyers. TVSpy noted Meredith “has signed a deal to acquire KPLR (CW) from Tribune for $65 million, pairing it with KMOV (CBS) which Meredith has owned since 2013. … Sinclair already owns KDNL (ABC) and will also own KTVI (FOX) in the market.” Great for owners’ synergies. Bad for the number of independent voices in such a big city. Which do you care more about?

WGN-TV

Of the other big city stations, Tribune’s legendary WGN-TV9 is supposed to go to WGN TV LLC but that’s really code for Steven Fader, a Maryland auto dealer and business associate to Sinclair chairman David Smith, for a mere $60 million. Sinclair would also have an option to buy WGN-TV outright within eight years and you know it’s counting on the FCC to relax its ownership rules even more within that time frame!

Concerning WGN, there are now plans for a Sinclair news channel. Yesterday, Politico reported,

“Sinclair Broadcast Group, which for months has denied any interest in challenging Fox News while awaiting approval of a merger with Tribune Co., is gearing up to do just that.”

TVNewser put it this way:

“Even though Sinclair CEO Chris Ripley has said a 24-hour national news network is not in the works, his boss (David) Smith seems to like the idea of a few hours of prime time opinion programming to challenge Fox News.”

Fox News is carried in more than 90 million homes, compared to 80 million for WGN America which Sinclair would own if regulators approve, and 55 million for the Tennis Channel which Sinclair already owns.

If your cable or satellite company doesn’t offer either of those last two, then expect it to get a call when any deal with Sinclair is about to expire.

Politico quotes “a person familiar” saying “Smith has been holding meetings with potential future employees, including former Fox News staff members, and laying out a vision for an evening block of opinion and news programming that would compete with Fox’s top-rated lineup.”

So, the discussions are over “a block of at least three hours, but also potentially up to six. Smith is settled, though, on basing his new operation in Washington, D.C.” That’s because the company already owns local station WJLA-7, where it produces some of its national content.

Greta Van Susteren Wikipedia
Wikipedia

One apparent Sinclair target is former Fox News host Greta Van Susteren, who left the network in Sept., 2016, and then had a short stint at MSNBC before signing on with Voice of America. Van Susteren wrote in an email she has spoken with Smith.

“If the Sinclair deal happens, I might talk to him further. … but it would have to be something that would not take me from VOA,” Van Susteren said.

“Other potential hires are former Fox anchor Eric Bolling and reporter James Rosen,” who both left Fox under sexual harassment allegations. Neither admitted whether they met with Smith or other Sinclair executives.

Talks with former Fox host Bill O’Reilly reportedly fell apart.

The slant of a national news block hasn’t been decided. We know where Sinclair stands, politically, but TVNewser notes, “There are already national challengers from the right, including Newsmax TV and OAN.”

WPIX

And in the nation’s largest market, Tribune’s WPIX-11 is now off the market. It was supposed to go to Cunningham for a mere $15 million. That’s pennies on the dollar, and it would’ve been run by Sinclair. Now, it’ll just go to Sinclair so it’s not on the list.

Tribune Broadcasting Company

But what about those TBDs (to be determined)? They are all owned by Tribune: the Fox affiliates in San Diego, Seattle/Tacoma, Cleveland, Sacramento, Salt Lake City and Denver, and the CW affiliate in Miami/Fort Lauderdale.

And you may have noticed Rupert Murdoch’s Fox conglomerate was not listed as one of the buyers, but that’s sure to change.

The Hollywood Reporter wrote, “Sinclair and Tribune have been negotiating a sale of up to 10 stations to 21st Century Fox, and those talks are still proceeding.”

Jessell of TVNewsCheck was more direct, saying all Sinclair

“has to do now is wrap up its negotiations with Fox. I don’t know what’s delaying that deal, except that neither Fox nor Sinclair is famous for making concessions. Once Sinclair does that, it can finalize its application and the FCC can complete it long-stalled review.”

Those greedy bastards are going to end up screwing everything up for themselves (which I’d love to see happen), and you’ve only read about half of the plans, so far!

Fox network

First, Fox actually used to own the Cleveland, Salt Lake City and Denver stations but sold them to a company called Local TV which sold itself to Tribune. So much for Fox — selling stations and then buying them back later — caring about communities. IMHO, that company can’t make a case for a second chance at ownership.

But now, 21st Century Fox plans to sell off most of its assets like its studio, cable networks and regional sports networks to Disney – keeping just its Fox News Channel, Fox Business Network, its FS1/FS2 cable sports channels, adding to its TV stations, and its network, which will focus on live events, especially NFL Football. The new, smaller company is being referred to as New Fox.NFL Logo

That’s the reason Fox has tried to own stations in cities that have NFC conference football teams since it got the rights to most of their away games in 1994 – and even trade or sell other stations for them – despite the fact a regular season of 16 games could mean the home audience would see its team play about 12 games a year on its local Fox station, unless the team makes the playoffs.

Whether paying a fortune for NFL rights that keep skyrocketing is questionable. It wasn’t questionable in 1994 when Fox arguably overpaid the NFL to get the New World stations to switch away from the Big 3 networks. We’ll see about Fox doing the same on Thursdays, when it doesn’t have popular programming.

Thursday Night Football logo

Fox even got its hands on Cox’s KTVU in San Francisco (with an NFC team, the 49ers, and the AFC Oakland Raiders across the bay will now be moving to Las Vegas in 2020) and give Cox its own stations in Boston (the New England Patriots are AFC) and Memphis (no NFL team).

What has changed is Fox bought the rights to Thursday Night Football, which should split games between NFC and AFC teams. That means Fox has become more interested in AFC team cities, even though there’s no pattern as to which teams play on Thursdays.

Football teams have moved, but the cities Fox wants are Seattle (especially because it’s NFC), and Cleveland, Denver and Miami (because they have AFC teams). San Diego and St. Louis no longer have teams, so Fox isn’t interested in Tribune’s Fox affiliates in those cities.

Seattle, Cleveland and Denver should be easy. The stations are already Fox affiliates so prime-time programming and the amount of news shouldn’t change. And Fox has leverage because it can threaten to take away its affiliation from those stations, lowering their value, if they’re sold to another company.

Remember what Fox did in Charlotte? It dropped a good affiliate, WCCB-Channel 18, because it wanted to own a station where the NFC Carolina Panthers play. Instead, it bought a nothing station, WJZY-Channel 46, and started it from scratch. And it had to do that a second time when it tried to be too different and less traditional the first time! (And, for disclosure: It got a great new news director who is a former colleague.) Remember, Charlotte pretty much sits on the North Carolina-South Carolina line. Old timers are pretty traditional. Was the move worth it for Fox?

Miami is a different story. Fox has a very good affiliate, WSVN-7, owned by Ed Ansin’s Sunbeam Television. (Disclosure: I got my start in journalism there.) It gives Fox great coverage of breaking news in South Florida. Several people at Fox News Channel used to work there. The ratings are great. So what’s the problem?

WSVN

The Miami Dolphins play there, and as an AFC team, they show up on Fox on a few Sundays and may now also be seen on Fox on Thursdays.

But the station that’s available is Tribune’s WSFL-39, a CW affiliate without a news department despite a few morning attempts. WSVN owner Ansin has shown he’ll probably take the station to his grave, with or without any affiliation, so there’s no realistic possibility there.

WSFL

Should Fox dump WSVN and start from scratch with WSFL? Would it be worth the effort?new wsvn 1

Unlike Charlotte, WSVN is a #1 station. And Miami is a very different place. There’s big news regularly and the two main Spanish stations do better than most of the English! People who aren’t bilingual can’t watch all the available stations, which really limits its size, making it actually smaller than the 16th largest market. We’ll have to see who wants WSFL, since a Sinclair-Tribune merger can’t include it due to FCC ownership rules.

One thing I’d say for sure is that WSFL loses its CW affiliation because CBS and Warner Brothers (Time Warner) own the network, and CBS doesn’t only own WFOR-4 (CBS station) and but also WBFS-33 (MyNetworkTV affiliate) and the CW does better.

Staying with this possibility, WSFL could become the new MyNetworkTV affiliate, and MyNetworkTV is owned by Fox.

It’s not so unusual for a network to own stations but not air the network on them.

Let’s take CBS, for example. It owns independents in New York (WLNY-55) and Los Angeles (KCAL-9). In Dallas, WTXA-21 is also independent.

In Miami, WBFS ended up with MyNetworkTV to please Tribune since CBS got the CW in so many other cities when the WB and UPN combined. It’s similar in Boston where WSBK-38 airs MyNetworkTV, but that’s expected to change since Sunbeam’s WLVI-56, which used to be owned by Tribune, airs the CW.

Single CBS-owned stations in Atlanta, Seattle and Tampa air the CW while affiliates owned by other companies air CBS programming.

And in Indianapolis, CBS’ WBXI-47 airs Decades, while the actual CBS affiliation changed from one outside company to another. CBS dumped a strong WISH-8 and went to half of Tribune’s duopoly, independent WTTV-4, over a disagreement with the former Media General.

WPLGA last possibility if Fox is determined to buy a Miami station is ABC affiliate WPLG-10. That station, stable under Post-Newsweek (now Graham Media) for decades, was sold to Berkshire Hathaway as its only broadcast property. We’ve talked about synergies (BH, as an “only child,” has none) and know Warren Buffett wants to turn a profit, so we can imagine Fox dumping WSVN for WPLG, but can’t assume ABC will take its affiliation to WSVN. Remember how CBS didn’t do that in 1989? But that’s highly unlikely.

And somebody will end up with WSFL.

A lot of the information on which stations would be sold was expected since Sinclair hinted in a February filing which stations it planned to sell, to avoid owning more than allowed.

Deadline noted, “For decades, the maximum reach by one single owner has been 39 percent, but the Federal Communications Commission has been re-evaluating the cap.”

old tv sets

More specifically, rather than gutting rules like a good conservative would ordinarily do, the FCC under Pai brought the UHF discount is back. That rule started because it used to matter whether a local TV station was VHF or UHF, due to antennas and how old TV sets were not made for the UHF band. So the FCC decided the amount towards a company’s ownership cap should only be half for those stations, compared to VHF stations. It was ended because today’s technology means it doesn’t matter anymore.

Regarding the UHF discount’s revival, The New York Times wrote, “A few weeks later, Sinclair Broadcasting announced a blockbuster $3.9 billion deal to buy Tribune Media — a deal those new rules made possible.” (Oh, and led to Pai’s investigation. But luckily, Harry Jessell of TVNewsCheck wrote critics of station consolidation say it “now serves only to allow groups to circumvent the intent of Congress, which was to limit groups to 39%” and they’ve “challenged the perpetuation of the UHF discount in court (D.C. Appeals Court), and seem to have made some headway in their oral arguments.”)

It also wrote,

“A New York Times investigation published in August found that Mr. Pai and his staff members had met and corresponded with Sinclair executives several times. One meeting, with Sinclair’s executive chairman, took place days before Mr. Pai, who was appointed by President Trump, took over as F.C.C. chairman.

“Sinclair’s top lobbyist, a former F.C.C. official, also communicated frequently with former agency colleagues and pushed for the relaxation of media ownership rules. And language the lobbyist used about loosening rules has tracked closely to analysis and language used by Mr. Pai in speeches favoring such changes.”

An FCC spokesman representing Mr. Pai countered the allegations of favoritism were “baseless,” and

“For many years, Chairman Pai has called on the F.C.C. to update its media ownership regulations. … The chairman is sticking to his long-held views, and given the strong case for modernizing these rules, it’s not surprising that those who disagree with him would prefer to do whatever they can to distract from the merits of his proposals.”

Last week, Broadcasting & Cable’s John Eggerton wrote FCC chair Ajit Pai suggested at a House Financial Services and General Government Subcommittee hearing “the FCC had not yet had a chance to fully evaluate” the Sinclair-Tribune deal, but, “He would not agree to delay a decision on the Sinclair-Tribune deal until a court ruling on a related issue, the UHF discount.”

However, “Pai said he would factor the potential court decision into the FCC’s decisionmaking.”

Rep. Mike Quigley (D-IL) told Pai the spin-off of WGN-TV Chicago to the owner of a car dealership owned by Sinclair’s executive chair, “stretches the definition of divestiture under the plan to something unrecognizable” and the planned divestitures make a mockery of FCC rules.

Author Eggerton suggested, “One thing the FCC could do would be to condition the deal on the court upholding the UHF discount” and Jessell expects a decision to come in August or September.

Pai denied Rep. Quigley’s request to hold off on a decision on Sinclair until the UHF discount court decision, saying that was a case of clashing hypotheticals — both what the court would do with the discount and what the FCC would do with the proposed merger.

The nerve, since Congress controls the FCC!

Jessell of TVNewsCheck brought up the old saying, “Possession is nine-tenths of the law, and that is no less true when the thing being possessed is a broadcast license.” He also had a lot more details on the court case.

In another article, Jessell analyzed the ownership numbers in this case, and you try to figure out what’s true.

He led by saying,

“Sinclair is telling the FCC that its coverage after spinoffs from its merger with Tribune will be just 58.7%. But that’s for regulatory purposes. (In other words, with the revived UHF discount that only counts channels 14 and up as half the audience of the market.) In the real world, where it matters, Sinclair’s national reach will be 66.3% — a full two-thirds of TV homes.”

But he said Sinclair is telling the FCC

“the coverage of the group will be just 58.7% and, with the UHF discount, below the statutory 39% cap. But those percentages are for regulatory consumption, not the real world.”

So there’s a 7.6-point disparity, the difference between 58.7% and 66.3%. How’d that happen? And don’t forget about the part, “with the UHF discount, below the statutory 39% cap.”

Jessell explained Sinclair

“is claiming 58% because it is not counting stations in three big markets — WGN Chicago, KDAF Dallas, KIAH Houston — that it is spinning off to closely affiliated companies. Without those markets and the discount in effect, Sinclair’s reach will be just 37.39%, safely below the 39% cap.”

Plus, with Dallas and Houston (but not Chicago), “Sinclair has put additional distance between itself and Cunningham” but will “have an option to buy the stations should the FCC ever ease the rules to allow it.”

So this is Jessell’s bottom line:

“So, again, for regulatory purposes, Sinclair’s reach will be 58.7% without the discount and 37.39% with it.

“But I don’t think that is reality. Those are not the numbers that Sinclair will be showing national advertisers, MVPDs, vendors and others with which it does business.

“In the real world, Sinclair will have a lot of control over Chicago and some control over Dallas and Houston, and its effective national reach will be 66.3%. (For the record, its reach with the UHF discount will be 41.1%, two points over the cap, but that will not matter because regulators will not be counting the three markets.)”

Then Jessell questioned Fox’s counting, assuming it’ll buy Miami, Cleveland, Sacramento as well as Seattle, Denver, Salt Lake City and possibly San Diego.

He calculated Fox reaches 36.8% of homes, but just 24.3% with the UHF discount. If it buys up all seven stations, its reach will grow to 45.9% but, well below the cap at just 30.4% with the discount.

But where will Fox find the money to buy the stations it wants? That’s another story!

Last year, Disney made a $52.4 billion offer to buy most of Fox, including its stake in the European pay TV company Sky.

But The Hollywood Reporter said on Wednesday, “Back in 2004, Comcast CEO Brian Roberts bid $54 billion to acquire The Walt Disney Co.” At the time, Comcast hadn’t bought NBCUniversal but Disney did own ABC. It was a 22 percent more than Disney was worth then, but former CEO Michael Eisner said no anyway.

Now, even though NBCUniversal has performed well, some say Roberts wants revenge by offering the same $52.4 billion as Disney for most of 21st Century Fox.

There could also be a bidding war overseas. Sky had agreed to let Fox, a 39 percent shareholder, buy the portion it doesn’t already own – and that Disney agreed to buy from Fox in December. Comcast could ruin those companies’ plans.

sky news logo

CNN reports, “It pledged … to maintain investment in Sky News for 10 years, and ensure the division’s editorial independence.”

Rupert Murdoch wikimedia commons
Rupert Murdoch, Wikimedia Commons

Then, in January, a UK regulator advised the government to block Fox’s bid to buy the remaining 61 percent of Sky because it would give one family – the Murdochs – too much control over media in Britain.

So Murdoch had preferred Disney as the buyer, afraid the Comcast offer came with more regulatory risks. Then, Disney offered to buy Sky News just to help Murdoch buy full control of Sky News’ parent company, the broadcaster Sky. But CNN reported Fox made a new pitch to win approval for Sky by selling Sky News to Disney, and another proposal that would’ve legally separated Sky News from the rest of Sky to ensure its editorial independence.

Then, last month, The Hollywood Reporter reported, “The U.K. Takeover Panel … ruled that Walt Disney must make a mandatory offer to buy full 100 percent control of Sky if and when it completes its planned acquisition of large parts of 21st Century Fox, including Fox’s stake in Sky.”

Then, according to Deadline, “Disney will have 28 days from the completion of its $66 billion acquisition of Fox to make a $15 offer for all the shares of Sky if Fox’s own $15.7 billion takeover of Sky is not complete by then, or if Comcast’s rival offer has not been accepted. It also (decided) this would not be required if another third party has acquired 50 percent of Sky by then.”

But last week Comcast made its $31 billion bid for Sky official and that’s 16 percent higher. Deadline reported that caused Sky directors to withdraw their recommendation of a Fox takeover bid.

This all comes along with many mergers and acquisitions across the industry.

at&t time warner

In fact, a decision on this may not come until a judge determines whether to let AT&T buy Time Warner. The Justice Department has been fighting against it with an antitrust case. Closing arguments just finished and a decision is expected June 12.

According to The Hollywood Reporter, last week Fox said it’s “considering its options” on Sky and is believed to be prepping a sweetened bid. But Comcast is known for (usually) getting what it wants.

But back to Sinclair, which hasn’t been doing itself any favors.

Deadline noted Sinclair “has faced further attention in recent weeks over a push to have local anchors at its stations read company-scripted messages, including a recent prohibition against fake news. The spots … struck many in media as too closely aligned with the dismissive rhetoric of President Donald Trump.”

So much for localism at a company that already owns or operates an astounding 193 TV stations, in 89 cities, covering a huge part of the American population. (You’ve read the different takes on the numbers.)

This is criticism from The New York Times

from the PBS NewsHour

from USA Today

and even Russia Today

and Al Jazeera English.

But Sinclair fought back against CNN’s criticism (and banned comments from YouTube!):

FTVLive’s Scott Jones showed a memo from Portland, OR – I’m sure one of many around the country – ordering employees not to complain.

katu memo

Notice KyAnn’s name. KyAnn Lewis was the news director until Scott reported today she was fired. No details why, especially in the middle of the May ratings period.

Don’t forget, at least for now, local news organizations remain the most trusted source of information in Pew Research Center’s polling on trust in media – even though in January, a Pew Research Center report announced fewer Americans regularly rely on TV news.

Since then, The Poynter Institute said Emory University researchers found

“many TV local news stations are focusing more on national politics and have taken a rightward slant over the past year. And that move is stemming from ownership of the stations, not the demands of a local audience.”

Poynter noted, “The study comes just as many are raising concerns about a coordinated effort by one major owner of TV stations that forces its anchors to record a segment about ‘the troubling trend of irresponsible, one-sided news stories plaguing our country.’” And you know who that is.

The researchers examined 7.5 million transcript segments from 743 local news stations and saw huge differences between other stations, and outlets owned by the nation’s largest local broadcasting chain, Sinclair Broadcast Group.

“The authors found Sinclair stations, on average, carried about a third less local politics coverage and a quarter more national politics … (including) commentaries the stations are forced to run by former Trump official Boris Epshteyn.”

Researchers warned,

“The ‘slant scores,’ based on repetition of ideologically linked phrases, increased by about one standard deviation after acquisition by Sinclair as compared to other stations in the same markets. … And this programming could spur nationalistic and polarizing movements, ‘be expected to reduce viewers’ knowledge of the activities of local officials’ — and hurt accountability, especially “given the decline of local print media.”

So while everything plays out, from fighting the UHF discount in court, to negotiating spinning off stations, to Fox getting money to buy stations (while keeping its Sinclair affiliates), to counting how long the deal has taken (since May, 2017), to counting how long the steps still to be taken will last, the two companies’ bosses have no public complaints or worries.

Sinclair president and CEO Chris Ripley:

“After a very robust divestiture process, with strong interest from many parties, we have achieved healthy multiples on the stations we are divesting. …While we continue to believe that we had a strong and supportable rationale for not having to divest stations, we are happy to announce this significant step forward in our plan to create a leading broadcast platform with local focus and national reach. The combined company will continue to advance industry technology, including the Next Generation Broadcast Platform, and to benefit from significant revenue and expense synergies.”

Tribune CEO Peter Kern to employees:

“There is no reason to assume that this change won’t be for the better. … So try to focus, as you have always done, on the business at hand—delivering outstanding local journalism and great content for our audiences and communities, collaborating with your colleagues, and driving results for our customers.”

Of course!

Click here for a look at many other Sinclair sins, from must-runs, to forced network preemptions, to the script the local anchors where you may live were forced to read, plus John Oliver’s take on the man in charge of Sinclair holding more licenses than anyone else to broadcast over the public airwaves (at least in TV) despite being “charged with committing a perverted sex act in a company-owned Mercedes” in 1996, according to The Baltimore Sun — and also how to have your say and influence the FCC to deny Sinclair the chance to buy Tribune. Plus, get updates from StopSinclair.com.

Other stories of interest:
Big changes when Sinclair bought Seattle station
Veteran reporter fired after report on climate change
April 18 report DOJ days away from clearing the deal
Sinclair ABC station with no news fires commentator for threatening Parkland teen
Sinclair president/CEO email after forcing anchors to read the script
Top journalism schools voice displeasure with Sinclair
Sinclair allows paid ads attacking it, but sandwiched inside its opinion
Sinclair boss Smith’s response to criticism: ‘You can’t be serious!’
Confessions of a former Sinclair news director
Trump: “So funny to watch Fake News Networks … criticize Sinclair Broadcasting for being biased”
Cincy Councilman says he’s boycotting local Sinclair station
Nick Clooney: ‘I have no idea what these folks are doing for a living, but it isn’t news’
Sinclair Chairman Claims Entire Print Media Has ‘No Credibility’
Sinclair’s “Terrorism Alert Desk” segments are designed to gin up xenophobia
Tom DeLay: Why Trump should block the Sinclair merger
Sinclair TV boss donated to Montana congressman who attacked reporter

Enough of big media controlling everything from corporate headquarters! This is what happens when it does. Locals should be in charge of local programming, following the rules of the FCC for using OUR public airwaves!

OK, since you read everything, I’ll give you John Oliver here!

Please, if you like what you read or watch here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish.

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Comey comes alive with tough talk against Trump

comey bookI didn’t know much about James Comey until about two years ago. Since then, I thought pretty highly of the guy and that really hasn’t changed.

Arguably, Comey was the big political story of the week – so far.

Today, his new book A Higher Loyalty: Truth, Lies, and Leadership was officially released and Sunday, it was ABC News’ 20/20 that got the first interview in the Comey media blitz to promote it.

One hour of George Stephanopoulos’ five hour interview aired Sunday night, at least in most places.

I say that because a TV news director friend in Virginia wrote about the nasty reception he and his team got because they had to break away to report on severe storms (a technical term, not just anybody’s opinion) and a tornado warning in the area. See and read for yourself how potentially saving lives, safety and property turned into a major inconvenience from some loudmouths. Always has, always will. Good thing this wasn’t a soap opera! I especially love the comment that people were able to watch the interview at another time on demand, or watch clips and commentary on any channel for days after.

shane

I have to say, his problem could’ve been worse. I don’t know what the CBS station there – his competition – did. They were carrying the Academy of Country Music Awards and this was Virginia!comey widener

Anyway, James Comey is scheduled to be in Philadelphia as part of Widener University’s Philadelphia Speakers Series at the Kimmel Center. That’s Oct. 1 at 8.

Widener’s bio says,

“Comey was appointed Deputy U.S. Attorney General by President George W. Bush. Appointed FBI Director in 2013 by President Obama, he served until 2017 when fired by President Trump amidst political storms regarding the investigations into Russian meddling in the 2016 election.”

Sounds like a serious career guy who had important supporters in both parties who promoted him to positions of increasing responsibility.

I was sick and asleep, and didn’t watch the Stephanopoulos-Comey interview. I saw some clips on Monday.

According to this ABCNews.com article that was published in the middle of the interview (10:22pm), everyone including Comey thought Hillary Clinton was going to win the election and become the nation’s first female president. He said he believes President “Obama, possibly Russian President Vladimir Putin and even” Donald Trump “thought Clinton was going to win, too.”

hillary clinton donald trump

Meanwhile, Comey was leading the investigation of Clinton’s handling of emails. ABC News reported, “He says that the assumption of a Clinton victory ‘must have’ influenced his actions in the email investigation, though he says not consciously.”

“I was operating in a world where Hillary Clinton was gonna beat Donald Trump. And so I’m sure that it was a factor,” Comey admitted. “Like I said, I don’t remember spelling it out, but it had to have been. That she’s gonna be elected president, and if I hide this from the American people, she’ll be illegitimate the moment she’s elected, the moment this comes out,” he told Stephanopoulos. That’s understandable and believable for someone in a tough position.

After the election and its surprising results to many, he said, “I heard the president [Obama] say, as I recount in the book, ‘Putin backed the wrong horse.’ That is, all of us were operating in a world where the polls were showing that Donald Trump had no chance.”

Comey added, “Obama’s remark was made in relation to when and if the intelligence community and White House should go public with their findings about Russian interference in the election.”

Specifically, “I think what the president meant by that was the Russian effort is wasted,” according to Comey, “and so why should we help them by announcing what they’re doing when their work is not gonna achieve their goal?”

Stephanopoulos mentioned an announcement like that

“would give people a reason to question the outcome of the election” and Comey agreed, since “Donald Trump was already saying, ‘If I lose, that means the system is rigged.’ And so if the Obama administration comes out saying, ‘The Russians are trying to help elect Donald Trump,’ that walks right into his narrative that’s, ‘See, I told ya,’ that the whole system is fixed and you can’t trust the American democratic process. And the Russians would have accomplished their goal.”

But he decided to keep the fact the FBI was investigating interactions between a “small number of Americans” from the Trump campaign and Russians private until months after the election.

hillary clinton book“That was actually not a hard call, given the sensitivity of the matter and that it was ongoing. We didn’t wanna tip anybody off,” he explained, adding President Obama didn’t want to be seen as having tipped the scale in Clinton’s favor.

Clinton wrote in her book What Happened, she “felt I’d been shivved” by Comey “three times over the final five months of the campaign.”

That’s not entirely true, considering Comey went on national TV less than five months before, specifically described what his FBI investigation found what Clinton had and had not done, and concluded she should not face charges.

Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System
July 5, 2016

“Although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive, highly classified information. … None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.”

Then, with the FBI’s recommendation to the Department of Justice:

“Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.
“In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.
“To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.”

Sounds great for the Democrats who were a shoo-in against Donald Trump, right? That was four months and three days before the election but may as well have been years before Americans went to the polls.

In fact, the Democratic National Convention here in Philadelphia wasn’t even held until July 25-28 and some Bernie Sanders supporters hadn’t given up, despite the delegate count including superdelegates who make up just under 15 percent of all Democratic convention delegates. And they were angry over the party machine including Debbie Wasserman Schultz and Donna Brazile.

Trump had just won the nomination a week earlier, July 18-21, at the Republican National Convention in Cleveland. That was despite speculation everyone in the GOP against Trump would suddenly embrace somebody else.

But who could forget Comey coming out late on that Friday, just 11 days before the election?

According to Politico on Oct. 28, 2016 – you may even remember when you heard the news – “Democrats have soured on James Comey.

“In July, they praised the FBI director’s decision not to recommend charges against Hillary Clinton over her use of a private email server while serving as secretary of state. But on Friday, top party officials turned on Comey. …
“Comey sent a letter to several congressional leaders to inform them that the FBI had come across new emails pertinent to its Clinton investigation and would take additional steps to look into them, adding that the FBI did not yet know if the emails were significant and that he did not yet know when the additional review would be finished.
“The letter set off a political firestorm. And while Republicans pounced, Democrats fumed.”

Those new emails were from disgraced former Rep. Anthony Weiner’s computer. Weiner was married to Huma Abedin – then vice chair of Clinton’s campaign and before that, deputy chief of staff to the former Secretary of State.

Comey replied “I hope not” to Clinton’s assertion she’d be president if not for the release of the letter 11 days before the election “in which he announced that the FBI would be looking into more emails.”

“But the honest answer is, it wouldn’t change the way I think about it,” he added.

The next day, Politico reported,

“Hillary Clinton and her aides and allies forcefully criticized FBI Director James Comey .. demanding that he release more information about the bureau’s discovery of Clinton-related emails and criticizing him for bad timing.
“At a campaign rally in Daytona Beach, Fla., Clinton said it was ‘pretty strange’ for Comey to ‘put something like that out with such little information right before an election,’ adding: ‘In fact, it’s not just strange; it’s unprecedented and it is deeply troubling.’”

I don’t believe James Comey hated Hillary Clinton. She was the favorite in the Comey house.

He said in addition to his wife, Patrice, “At least my four daughters, probably all five of my kids, wanted Hillary Clinton to be the first woman president.”

He, himself, told Stephanopoulos he didn’t vote in that election and testified on Capitol Hill that year he’d “been a registered Republican for most of his adult life but wasn’t any longer.”

Comey told lawmakers,

“I’m trying to be outside of politics so [I] intentionally tried not to follow it a lot. And that I shouldn’t be choosing between the candidates. I’m trying to lead an institution that should be separate and other.”

And what about accusations Comey, as ABC News put it, “disclosed a great deal of information about the investigation into Clinton’s emails but did not immediately release information about the probe into some members of Trump’s team and their alleged contacts with Russians?”

He said there were fundamental differences in the cases.

“The Clinton email case … was public, and we were actually investigating the candidate herself; and the counterintelligence investigations trying to figure out whether a small group of people, not Donald Trump — we were not investigating Donald Trump. …
“I get the initial reaction. It seems inconsistent. But if you take the time and look at the posture of the two cases, they’re very, very different. And actually illustrate the rule that we’re following.”

Most of what I heard was Comey going off on the man who fired him last May, President Trump. (Did anybody expect forgiveness?!)

The firing happened while Comey was

“leading a criminal investigation into whether Mr. Trump’s advisers colluded with the Russian government to steer the outcome of the 2016 presidential election,” according to The New York Times. “The stunning development in Mr. Trump’s presidency raised the specter of political interference by a sitting president into an existing investigation by the nation’s leading law enforcement agency. It immediately ignited Democratic calls for a special counsel to lead the Russia inquiry.”

(See: Mueller, Robert and presidential mistakes.)

trump letter firing comey

The Times continued,

“Mr. Trump explained the firing by citing Mr. Comey’s handling of the investigation into Hillary Clinton’s use of a private email server, even though the president was widely seen to have benefited politically from that inquiry and had once praised Mr. Comey for his “guts” in his pursuit of Mrs. Clinton during the campaign. …
“While I greatly appreciate you informing me, on three separate occasions, that I am not under investigation, I nevertheless concur with the judgment of the Department of Justice (reportedly Attorney General Jeff Sessions and Deputy Attorney General, Rod Rosenstein) that you are not able to effectively lead the bureau,” Mr. Trump wrote to Comey.
“But,” the paper continued, “many in Washington, including veteran F.B.I. officers, saw a carefully choreographed effort by the president to create a pretense for a takedown of the president’s F.B.I. tormentor.”

Comey called Trump unfit to lead the nation, saying the president is “someone for whom truth is not a high value” and who treats women “like they’re pieces of meat.” (I didn’t hear a great deal of defense for the president.)

He touched on many of the Trump administration scandals.

The Huffington Post mentions the Russia dossier “compiled by a former British spy and alleged that footage exists of Trump watching prostitutes urinating in a Moscow hotel suite,” and the litany of sexual misconduct allegations.

The Post reported,

“Comey informed Trump about the allegations in private before his inauguration several times, and he writes in his book that Trump was obsessed with disproving them.”

Comey recalled the president asking, “Do I look like a guy who needs hookers?”

He said he wasn’t sure if the rumors were true,

“but said they left the president open to blackmail by the Russian government.
“I honestly never thought these words would come out of my mouth, but I don’t know whether the ― the ― current president of the United States was with prostitutes peeing on each other in Moscow in 2013. It’s possible, but I don’t know,” Comey said.

He said something similar when Stephanopoulos asked if he thought Russia had “something” on the president.

“I think it’s possible,” Comey said. “I don’t know. These are more words I never thought I’d utter about a president of the United States, but it’s possible.”

Other interview highlights chosen by The Huffington Post:

— In regards to Trump asking Comey to drop his investigation into former national security adviser Michael Flynn, there was “certainly some evidence of obstruction of justice.”

— Comey said Trump was “of above average intelligence who’s tracking conversations and knows what’s going on.”

Comey summed it up.

“The challenge of this president is that he will stain everyone around him,” but said he’d still be working for the government had he not been removed.

“I was dreading it,” Comey said, noting he’d be “an unhappy F.B.I. director, but in a way proud of the organization and in my role in trying to protect it.”

According to TVNewser, “That took my breath away,” Stephanopoulos said of Comey’s retelling of events. “I thought I knew this story. Collectively we weren’t really ready for everything that he was getting ready to say.”

Republicans had their say about Comey and the interview. In fact, it was apparently on the president’s mind for days.

White House press secretary Sarah Huckabee Sanders later said Comey would “be forever known as a disgraced partisan hack that broke his sacred trust with the president of the United States.”

Republican National Committee chair Ronna McDaniel said in a statement,

“James Comey’s publicity tour reaffirms that his true higher loyalty is to himself . … The only thing worse than Comey’s history of misconduct is his willingness to say anything to sell books. He has no credibility and President Trump was right to follow through on the bipartisan calls for him to be fired.”

Who didn’t try to sell their books?

Comey responded in part, “3 presidents are in my book: 2 help illustrate the values at the heart of ethical leadership; 1 serves as a counterpoint.”

A Higher Loyalty: Truth, Lies, and Leadership has already sold close to 200,000 copies.

By the way, President Bush’s brother Jeb – the former Florida governor who lost to Trump in the primaries and caucuses – will be speaking as part of the same Widener University Philadelphia Speakers Series on Jan. 28, 2019, at 8.

P.S. Condolences to the Bush family on the loss of former first lady Barbara Bush today

and to the

loved ones of Jennifer Riordan, killed in today’s Southwest Airlines tragedy here in Philadelphia.

Sad Face Emoji

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The Weather Channel’s new owner, a real controversial person

There are two big changes in weather: The snow has stopped and The Weather Channel is being sold.weather channel logo

Also, you can say the owner is a real person for two more reasons: The new owner is not a partnership between three corporations, like in the past – and he was one of the stars of the TV show Real People!

Deadline magazine reports Byron Allen bought the Weather Group, parent company of The Weather Channel TV network, for about $300 million. His wholly-owned Entertainment Studios paid a lot less than the $3.5 billion the owners spent for the company in 2008. IBM bought The Weather Company’s digital Product and Technology Businesses – WSI, Weather.com, Weather Underground and The Weather Company brand – in 2015.

Entertainment Studios logo

The Weather Channel and Local Now streaming service had been owned by The Blackstone Group, Bain Capital and Comcast/NBCUniversal. Deadline pointed out those groups “experimented with longer-form programming and big-name talent” such as Al Roker and Sam Champion.

It also said Allen, “comedian-turned-entrepreneur, has been growing his Entertainment Studios, which became the largest independent producer of first-run syndicated programming.”

byron allen
http://www.es.tv/trending-funny/

Allen has also been busy in court. In April 2017, a federal judge denied Charter Communications’ Motion to Dismiss his $10 billion lawsuit for racial discrimination in contracting.

Allen said at the time,

“This lawsuit was filed to provide distribution and real economic inclusion for 100% African American-owned media. The cable industry spends $70 billion a year licensing cable networks and 100% African American-owned media receives ZERO. This is completely unacceptable. We will not stop until we achieve real economic inclusion for 100% African American-owned media.”

Allen had also sued Comcast, Time Warner Cable and Rev. Al Sharpton for $20 billion, claiming “black media companies receive a small share of the annual spending on cable licensing.”

He claimed,

“The industry spends about $50 billion a year licensing cable networks in which 100 percent African American-owned media receives less than $3 million per year in revenue from that $50 billion stream of money that is spent to acquire content.”

comcast new 595x227

Allen also accused media companies of adding insult to injury by throwing money at Sharpton, employed by Comcast-owned MSNBC – saying they used “the least expensive negro” to “cover” up their track record of “blatant” discrimination.

On top of that, Allen called President Obama “bought and paid for” by Comcast.

“What happened in the Obama administration is former (FCC) commissioner Meredith Attwell Baker voted for the merger of Comcast NBCU and then 90 days later took a much higher paying job with Comcast after granting them the merger,” Allen said. “That was betraying the public’s trust as a public service.”

As of April 2017, that suit was pending. At least part of it had been dismissed, but Allen was appealing. I could not find anything on Entertainment Studios’ website while searching for Comcast, Warner, Time-Warner, or Sharpton.

Byron Allen: Black people are doing worse under President Obama.

Byron Allen standing by his controversial comments.

But he sued AT&T and forced the company’s subsidiary DirecTV to pick up seven Entertainment Studios Networks channels.

Real People cast
Did you watch NBC, Wednesdays 8-9pm, 1979-84? Top: John Barbour, Sarah Purcell, Skip Stephenson, Byron Allen; Bottom: Bill Rafferty

Looks like Allen has turned out to be the most successful of the Real People cast!

A look back at Real People:

Byron Allen heads to cheerleading school:

Byron Allen visits a bar on Venice Beach where disco on skates is king:

Byron Allen visits the experimental aircraft convention and talks to vets:

The syndicated Byron Allen Show, 1989-92.

We may have learned the fates of seven TV stations that will be divested if the $3.9 billion Sinclair-Tribune merger I’ve written against time and time again is allowed to happen.

Apparently, they won’t be going far – just to Armstrong Williams.

armstrong williams
http://www.armstrongwilliams.com/

Wikipedia calls him “an American political commentator, entrepreneur, author of a nationally syndicated conservative newspaper column, and host of a daily radio show and a nationally syndicated TV program called The Armstrong Williams Show.” The South Carolina native is also the largest African-American owner of television stations in the U.S.

I also can’t leave out the unbelievable: He served as “legislative aide and advisor to Sen. Strom Thurmond.” Yes, the same Strom Thurmond who The New York Times remembered ran

“for president in 1948 as what the press called a Dixiecrat.” …

“He said that ‘on the question of social intermingling of the races, our people draw the line.’ And, he went on, ‘all the laws of Washington and all the bayonets of the Army cannot force the Negro into our homes, into our schools, our churches and our places of recreation and amusement.’

“His opposition to integration, which he often attributed to Communism, was the hallmark of his career in Washington until the 1970’s. In 1971, he was among the first Southern senators to hire a black aide — in recognition of increased black voting resulting from the legislation he had fought. From then on, black South Carolinians, like all other residents, benefited from his skills as a pork-barrel politician who took care of the home folks.

“‘We’ve looked out for the state,’ he said in a 1999 interview, ‘and everything that was honorable to get, we got it.’”

strom thurmond
via U.S. Senate Historical Office

According to a Senate website, “He turned 100 years old in 2002, becoming the oldest person ever to serve as a senator. He also holds the Senate’s record for the longest individual speech, his filibuster against the 1957 Civil Rights Act.” He retired Jan. 3, 2003, and died that June.

According to The Times, “Mr. Thurmond always insisted he had never been a racist, but was merely opposed to excessive federal authority.”

So that was Armstrong Williams’ boss at one point. Wikipedia adds,

“He is principal in Howard Stirk Holdings, a media company affiliated with Sinclair Broadcasting that has made numerous television station purchases.”

The name of the company came from both William’s mother’s middle name, Howard, and his father’s middle name, Stirk.

On President Trump’s “s__thole countries” comment: “An indictment about what’s in his heart.”

African-American conservative and South Carolina native talks about removing the Confederate flag.

Sinclair has been known for using shell corporations like Cunningham Broadcasting to own stations while Sinclair actually operates them, including programming them and doing everything else true owners would do, as an attempt to get by the rules.

Williams has been in business with Sinclair – a corporation with overtly and pushy conservative leanings – before.

Armstrong Williams on President Obama’s “arrogant and dictatorial style.”

The backstory is that Williams helped Sinclair buy Barrington Broadcasting. He got NBC affiliate WEYI-TV in Flint-Saginaw-Bay City, Mich., and CW affiliate WWMB in Myrtle Beach-Florence, S.C., BUT according to Wikipedia,

“Both stations remain operated by Sinclair under a local marketing agreement, which resulted in allegations that the company was simply acting as a ‘sidecar’ of Sinclair to skirt FCC ownership rules. Williams defended the allegations, noting that he had full control over their programming, and received the majority of their revenue.”

He did buy five other stations, three from Sinclair.

Williams’ website has the headline “Howard Stirk Holdings seeks to acquire 7 local affiliates in early 2018!” (really in six cities) and a picture with logos, but no article. At least it says “seeks.”

new HOWARD STIRK

I found connections to the Sinclair-Tribune deal in all the stations pictured, with just a question about one.

Let’s take a look at the stations (clockwise on above graphic):

* Sinclair’s WLRH-35 in Richmond, Va. (Fox affiliate with CW on subchannel), since Tribune owns competitor WTVR-6 (CBS affiliate).

map Harrisburg Indy Greensboro

* North Carolina’s Triad (Greensboro, Winston-Salem, High Point) is where I have my big question. Sinclair owns WXLV-45 (ABC affiliate) and also WMYV-48 (MyNetworkTV affiliate). Tribune owns WGHP-8 (Fox affiliate). I would expect one of those three to go, but the logo on Armstrong Williams’ website is for WCWG-20 (CW affiliate). Just last month, Hearst bought that station from Lockwood Broadcast Group, but it had already been operating the station under a shared services agreement. Hearst also owns the market’s NBC affiliate, WXII-12, making a duopoly. How any other owner would fit in, since Hearst just finished the sale and got a duopoly last month, is a mystery to me – unless The CW plans to change its affiliated station in the market. Note the station already has a good owner that puts a newscast on it, but nothing – not even public service — compares to money when it comes to broadcasting. (Also keep in mind, a month ago, Sinclair made a case to the FCC it should be able to own more than one of the top four stations in Harrisburg, Indianapolis and Greensboro, N.C.)

kdnl people* Sinclair’s KDNL-30 in St. Louis. This weak ABC affiliate with lousy ratings canceled its local news in 2001. From 2011 to 2014, a competitor aired news for it at 5 and 10:00. Then came a year with Family Feud and Who Wants to Be a Millionaire instead of news. Since 2015, it has been airing The Allman Report, which says it has a “debate-driven format,” at 5 and 10pm, and 6:30am. But what about news? Click here for the station’s website’s People page. Notice it’s empty! Tribune owns two competitors in St. Louis: KTVI-2 (Fox affiliate) and KPLR-11 (CW affiliate). Sinclair filed to own two stations in this market. The St. Louis situation could come down to which stations are and are not part of the top four rated in the city, per FCC rules. Read below for details.

* Tribune’s KZJO-22 in Seattle (MyNetworkTV affiliate), since Tribune also owns KCPQ-13 (Fox affiliate that Fox itself really wants to buy), and Sinclair owns both KOMO-4 (ABC affiliate) and KUNS-TV51 (Univision affiliate) there.

* Sinclair’s KOKH-25 (Fox affiliate) and KOCB-34 (CW affiliate) in Oklahoma City. Tribune owns both KFOR-4 (NBC affiliate) and KAUT-43 (independent) there.

* Dreamcatcher Broadcasting’s WGNT-27 (CW affiliate) in Norfolk, Va., which is operated by Tribune, while Tribune also owns WTKR-3 (CBS affiliate) there. Sinclair owns WTVZ-33 (MyNetworkTV affiliate) in Norfolk.

sinclair before tribune
Sinclair currently, without Tribune, from http://sbgi.net/tv-stations/

No price has been announced, but it was reported a few weeks ago Sinclair will sell WPIX-New York for a measly $15 million to Cunningham Broadcasting, owned by Sinclair’s founder’s survivors, and WGN-TV Chicago for just $60 million to Steven B. Fader, chairman of Baltimore-based Atlantic Capital Group and business partner of Sinclair executive chairman David Smith in Atlantic Automotive Corp.

That’s peanuts. Pennies on the dollar. No stations above even come close to WPIX-New York or WGN-TV Chicago, each worth hundreds of millions of dollars, maybe a half-billion. But Sinclair will get to run them and possibly buy them back within eight years, if the rules are relaxed further by then.

Both Sinclair and Tribune own many TV stations. You just got a taste of how each company by itself owns several stations in several cities, and that number grows very large – too large for federal regulations – if combined. That means some stations will have to be spun off.

As I’ve written, Fox has wanted to buy several of those stations, especially Fox affiliates in cities with NFL football teams. Both Sinclair and Tribune own several Fox affiliates.

map seattle sacramento san diego salt lake city denver clevelend miami

According to Deadline magazine last month,

“Fox is in talks to acquire at least six stations from Sinclair, a source confirms. Discussions center Tribune-owned Fox affiliates in five markets — Seattle (KCPQ), Denver (KDVR), Salt Lake City (KSTU), Sacramento (KTXL) and Cleveland (WJW) — and a CW affiliate in greater Miami (WSFL) … contingent upon Sinclair winning regulatory approval for its $3.9 billion Tribune acquisition.”

Whether Fox will get to buy those stations remains to be seen. That’s because:

— Sinclair is already the nation’s largest TV station owner, based on the number of Americans its stations reach. That’s how the count goes, and Sinclair wants as many different people watching its stations – or able to pick them up – as possible. It probably won’t sell more than what’s necessary.

— Of course, it helps to own more than one station in a city, since synergies can save millions of dollars. As a small example, the company will only need one person to answer the phone. Both companies have pushed the legal limit on duopolies, and Sinclair has already asked for waivers. Again, it probably won’t sell more than what’s necessary.

— Fox will need money to buy all those stations, and it planned to sell its film, television, 22 regional sports networks and international businesses to Disney for $52.4 billion – but that plan is no longer certain.

There could be two stumbling blocks for Fox to sell everything but its broadcast network, TV stations, news and business channels, and its FS1/FS2 cable channels.

Reuters reported a group called Protect Democracy Project sued in District Court in Washington for any records of communications on the deal between the White House and the Justice Department, plus “any related antitrust enforcement efforts by the DOJ, to find out whether the president or his administration is improperly interfering with the independence of the DOJ out of favoritism for a political ally.”

According to White House Press Secretary Sarah Sanders, President Trump attacked AT&T’s $85.4 billion bid for Time Warner. However, he even spoke to Fox owner Rupert Murdoch in December and congratulated him on his Disney deal!

at&t time warner

Fox owns Fox News Channel, which Trump likes, and Time-Warner owns CNN, which the president does not like.

The other problem with the Fox-Disney deal is that it included Fox’s stake in Sky Plc, over in the U.K. The Sporting News called the British satellite broadcaster “one of the most attractive and important assets in the Disney-Fox deal.”

sky news logo

Fox owns 39 percent of it and “has been in a more than year-long fight with regulators in the U.K. to … buy out the remaining 61%” for $15 billion but late last month, Comcast outbid Fox, offering $31 billion for Sky. That’s 16 percent more.

comcast
March 7

Funny thing is, Comcast had originally even offered more than Disney for all those Fox assets but was rejected!

But let’s be clear on Federal Communications Commission rules on broadcast ownership limits.

fcc logo

It says the FCC

“sets limits on the number of broadcast stations – radio and TV – an entity can own, as well as limits on the common ownership of broadcast stations and newspapers. As required by Congress, the FCC reviews its media ownership rules every four years to determine whether the rules are in the public interest and to repeal or modify any regulation it determines does not meet this criteria.”

*Newspaper and Broadcast Station Cross-Ownership: No “common ownership of a full-power broadcast station and daily newspaper if” the station completely encompasses the newspaper’s city of publication, and they’re in the same Nielsen market, except if the newspaper or broadcast station is failed or failing (or they were grandfathered in). I’ve even come out in support of Fox saving the New York Post from extinction!

*National TV Ownership: No limit on the number of TV stations. (It used to be five.) Now,

“a single entity may own nationwide so long as the station group collectively reaches no more than 39 percent of all U.S. TV households. For the purposes of calculating the ‘national audience reach,’ TV stations on UHF channels (14 and above) count less than TV stations operating on VHF channels (13 and below), this is also known as the UHF Discount.”

generic tvThe UHF Discount – established in 1985, according to Variety – only mattered when we used antennas because UHF stations had weaker signals and were harder to watch. That’s why they only counted half as much as a VHF station. (It wasn’t until 1965 that the FCC required all new TV sets sold in the U.S. to have built-in UHF tuners to receive channels 14+!)

In 2016, the FCC led by Democrats discontinued it because with digital broadcasting, along with cable and satellite, it’s not needed anymore. But big broadcasters wanted to grow larger than the 39 percent rule would allow (especially Ion Media, a major UHF group). In April 2017, the FCC led by Republicans brought it back!

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

The reason was (arguably) to allow the Sinclair-Tribune merger, and FCC chairman Ajit Pai – appointed by President Trump – is under investigation by his agency’s inspector general for his role in that. (Considering today’s technology, can you think of any other reason the FCC brought it back?) Then, in December 2017, the “FCC voted … to launch a review of the FCC’s national 39% broadcast audience reach cap,” according to Broadcasting & Cable magazine. B&C also reported Pai claimed “he was restoring the discount … to consider it in tandem with the (39 percent) cap.” Plus,

“We need to take a holistic look at the national cap rule, including the UHF discount,” Pai said of the item. “The marketplace has changed considerably due to the explosion of video programming options and various technological advances that have occurred since the cap was last considered in 2004. So we need to examine whether our rules should change accordingly.  That’s an important discussion that will be informed by the facts in the record—not anything else.”

It also quoted dissenting Commissioner Mignon Clyburn as saying,

“Giving a single broadcaster the means to buy up enough local stations to exceed the 39% cap is inconsistent with the statute and must be rejected.”

*Dual TV Network Ownership: No merger between ABC, CBS, Fox, and NBC. Remember how NBC’s old Red and Blue radio networks were separated?

*Local TV Multiple Ownership: A company can own up to two TV stations in the same area if either:tv airwaves

*The service areas – known as the digital noise limited service contour – of the stations do not overlap. (I take this to mean Grade B overlaps, where people living in between two markets – like central New Jersey in between New York and Philadelphia, and Boca Raton in between Miami and West Palm Beach – can pick up stations in both cities that are owned by the same company. But, for example, CBS owns stations in New York, Philadelphia and Baltimore, so there must’ve been waivers.)

girl watching tv     *At least one of the stations is not ranked among the top four stations in the DMA (based on audience share), and at least eight independently owned TV stations would remain in the market after the proposed combination. This is important: ratings and number of competitors. Keep them in mind as you read further. According to Wiley on Media, “The Commission determined that a minimum of eight independently owned and operated television stations was required to preserve competition in local television markets” and “The FCC concluded that top four station combinations had the potential to provide a single firm with an unacceptably high market share.” This is why Sinclair-Tribune can’t simply keep the two highest-rated stations in a big city if the sale goes through, or more than one in a smaller city.

*Local Radio/TV Cross-Ownership: Restrictions are based on a sliding scale that varies by the size of the market.

*In markets with at least 20 independently owned “media voices” (defined as full power TV stations and radio stations, major newspapers, and the cable system in the market) an entity can own up to two TV stations and six radio stations (or one TV station and seven radio stations).

*In markets with at least 10 independently owned “media voices” an entity can own up to two TV stations and four radio stations.

*In the smallest markets an entity may own two TV stations and one radio station.

*Local Radio Ownership: Restrictions are also based on a sliding scale that varies by the size of the market, but there’s no need to go into it here.

So the bottom line for now is that at this point, we’re learning some more about what Sinclair and Tribune intend to do with other stations they won’t be allowed to keep if their deal goes through — but whether their deal goes through — and whether Fox is able to buy the stations it wants because Comcast outbid Disney for Sky, but still needs approval — is up in the air(waves).

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P.S. In the spirit of weather, here were Casey and Frisky yesterday. As usual, Frisky (left) was more interested in Mother Nature’s show than Casey (right).

Call to action: Help stop Sinclair from taking over Tribune

First, I want to go thank and apologize to everyone who read my last post. It was way too long. Yes, it contained what I think was good information on several subjects. It happened to be on a snow day and I had nothing better to do then let out some of what I was thinking. It took a good ten hours, but I learned how to use gifs to make the radar show the storm in action in the beginning, and the white leaving Philadelphia at the end.

A lot of what takes so long is gathering all the tags and categories. If you saw the old sitemap page on this site, I had to keep a list of new categories, then publish and go through those new categories you see below the post. I had to physically cut and paste them on the sitemap page, in alphabetical order. The links did come along, but I decided since you already get that on the bottom right (if you’re reading on a desktop, and the very bottom, if not), then I can get rid of that page to save time. That was just a duplicate, so that’s what I did.

Also since that last post, I made changes on the right side (again, if you’re reading on a desktop, and below the posts if not). First, I changed some of the headings and got rid of the link to that sitemap page.

category cloudSecond, I added a Category Cloud that WordPress is now offering. It shows the 30 categories I’ve used the most. The more I use a category, the bigger it looks. I can’t say I’m very proud of what I’ve written so far, based on the categories I’ve used, if this Category Cloud is correct.

(There is no list of tags but I can assure you, the search box will find anything that has been used in a post. WordPress’ search capability is much, much better than Lakana’s for both users and behind-the-scenes people. Surprisingly, at WTXF-Fox 29, we’ve had to use Google searches to find articles we, ourselves, wrote!)weather

Third, I really improved weather and it actually updates on its own!

While on the subject of extras on this blog, I also don’t know why the Twitter feed doesn’t appear on tablets, but am looking into it.

I don’t really want to be remembered by writing about a job I had, no matter how good it was. There are other parts of life. Of course, TV news is something that I’d been interested in since I was a child and studied it on my own, from growing up through college and to this day. Then, two years after college, I finally got my first job in the field and spent my career — minus the eight years I took teaching — in news, so it’s natural I will write about that a lot.

That’s a good segue to the headline of today’s post. The Sinclair attempt to buy Tribune has really been bothering me. I don’t know what you think, but I know what you should think. I’ve seen veteran journalists at stations being bought by Sinclair leaving for the competition, stations in other cities, or just retiring so they could keep the benefits they’ve earned at the other company.

Instructions from Corporate (thanks to Esquire):

Please produce the attached scripts exactly as they are written. This copy has been thoroughly tested and speaks to our Journalistic Responsibility as advocates to seek the truth on behalf of the audience.”

Millions of Americans will soon be watching promotions that begin with one or two anchors introducing themselves and saying,

Script:

“I’m [we are] extremely proud of the quality, balanced journalism that [proper news brand name of local station] produces. But I’m [we are] concerned about the troubling trend of irresponsible, one sided news stories plaguing our country.”

“The sharing of biased and false news has become all too common on social media. More alarming, national media outlets are publishing these same fake stories without checking facts first. Unfortunately, some members of the national media are using their platforms to push their own personal bias and agenda to control ‘exactly what people think’ … This is extremely dangerous to our democracy.”

Then the anchors are supposed to strike a more positive tone and say that their local station pursues the truth.

“We understand Truth is neither politically ‘left or right.’ Our commitment to factual reporting is the foundation of our credibility, now more than ever.”

CNN reports, “Internal documents call the new initiative an ‘anchor delivered journalistic responsibility message.'”

But some TV news anchors forced to read it at Sinclair’s 173 stations said,
* “At my station, everyone was uncomfortable doing it,”
* “so manipulative” and
* “I felt like a POW recording a message.”

Also according to CNN, “The instructions sent to station news directors say that the 60- and 75-second spots should run frequently ‘to create maximum reach and frequency.'”

It’s apparently the brainchild of Scott Livingston, the company’s senior vice president of news. Last year, he starred in an almost identical one, which you’ll be able to see shortly. This year, the local news anchors get that extra attention.

He wrote in a statement to CNN:

“Promo messages, like the one you are referring to, are very common in our industry. … “This promo addresses the troubling trend of false stories on social media [Livingston’s emphasis], and distinguishes our trusted local stations as news destinations where we are committed to honest and accurate reporting. This promo reminds our viewers of this mission.”

Then CNN reports, “After this story was published, Livingston sent CNN another copy of the script. It had one big difference: The word ‘national’ was missing. Instead, it said ‘some media outlets’ publish ‘fake stories.’

You work so hard on something and then realize there’s something wrong with it.

Wait. It gets worse.

CNN says another document went into great detail about how the promos “should look and sound.”

“Talent should dress in jewel tones — however they should not look political in their dress or attire. … Avoid total red, blue and purples dresses and suits. Avoid totally red, blue and purple ties, the goal is to look apolitical, neutral, nonpartisan yet professional. Black or charcoal suits for men…females should wear yellow, gold, magenta, cyan, but avoid red, blue or purple.”

CNN concludes its description with,

“At the end of the promo, viewers are encouraged to send in feedback ‘if you believe our coverage is unfair’ and ‘Corporate will monitor the comments and send replies to your audience on your behalf,’ so ‘In other words, local stations are cut out of the interactions with viewers. Management will handle it instead.'”

This is just indicative of the type of company Sinclair is. I strongly feel TV stations are there to serve the public interest. They use the public airwaves and therefore the rules are different. TV stations should be run by their general managers who live in and are part of the community. And this is exactly the opposite.

map Holmdel
Google Maps: 76.6 miles to Philadelphia, just 45.0 miles to New York (Lower Manhattan)

So should other department heads like news directors. At least one in the Philadelphia market lives in the northern half of Monmouth County, which looks right up at New York. If cities and states can have residency requirements, I think there should be one here, too — not for the financial reasons governments have, but to live among the citizens and serve them better. I wonder whether people in the neighborhood watch New York or Philadelphia TV (if they even get both), and whether they care more about New York or Philadelphia issues and events.

It shouldn’t matter much whether GMs come from the sales side or the news side, as long as they’re serving the public interest. There should be hardly any interference from a major corporation’s headquarters.ABC News Nightline

Sinclair ordered all of its ABC stations not to air April 30, 2004’s episode of Nightline in which Ted Koppel read the names of the more than U.S. troops killed in action in the Iraq war, while their pictures are shown to viewers. According to CNN, ABC News said in a statement:

“We respectfully disagree with Sinclair’s decision to pre-empt ‘Nightline’s’ tribute to America’s fallen soldiers. …The Nightline broadcast is an expression of respect which simply seeks to honor those who have laid down their lives for this country.”

Sinclair saw it differently. In the same article, CNN wrote the Sinclair group put a statement online that said the Nightline program

“appears to be motivated by a political agenda designed to undermine the efforts of the United States in Iraq. … Mr. Koppel and Nightline are hiding behind this so-called tribute in an effort to highlight only one aspect of the war effort and in doing so to influence public opinion against the military action in Iraq.”

It also quoted Sinclair general counsel Barry Faber confirming his company told its ABC affiliates not to air the program because, “We find it to be contrary to public interest.”

Of course, those TV stations not airing the program the rest of the country got to see got many complaints from people who could not.

ABC said it aired the names and pictures of all those killed during the Sept. 11, 2001, terrorist attacks, on the first anniversary.

The CNN article found,

“According to campaign finance records, four of Sinclair’s top executives each have given the maximum campaign contribution of $2,000 to the Bush-Cheney re-election campaign. The executives have not given any donations to the campaign of Sen. John Kerry, the presumptive Democratic nominee, the records showed.”

Keep in mind this was more than six months before the election.

Sinclair should not have the right to do what it did. The decision should’ve been made on the local level. It appears Sinclair’s owners are far right-wingers using their assets (and our airwaves) to get what they want politically. That’s not the public interest.

Looking back at that same election, The Seattle Times wrote in 2013,

“Most notoriously, the company ordered its stations to air a documentary critical of Democratic presidential candidate John Kerry right before the 2004 election. … After an uproar, the stations ended up airing just a few minutes of the documentary, Stolen Honor: Wounds That Never Heal, as well as excerpts from a pro-Kerry documentary and interviews with veterans.”

firedBut Sinclair did not care to learn. It fired Washington bureau chief and reporter Jon Leiberman for publicly questioning the company’s decision to air it! The article continued,

“In 2010, several Sinclair stations aired an infomercial about President Obama intended to sway voters in midterm elections. The 25-minute piece, funded by a Republican political-action group, said Obama “displays tendencies some would call socialist” and claimed the president had accepted campaign donations from Middle Eastern terrorist organizations.

“In 2012, on the Monday before the election, viewers in some swing states found their nightly news or other programs replaced on Sinclair channels by an ‘election special’ produced by Sinclair that was biased against Democrats.”

Pretty sneaky! Like those examples weren’t “to influence public opinion,” as Sinclair said about Nightline way back in 2004?logo strip latest

The Seattle newspaper article, more than eight years after Sinclair was forced to cave in on the Kerry documentary controversy, came as Sinclair was preparing to buy that city’s ABC affiliate, along with Fisher Broadcasting’s other stations.

The article back then added,

“Even without the Fisher stations, Sinclair is the largest independent TV broadcaster in the country, according to its website.”

So who has been running Sinclair the whole time? The article reports, “The company’s top executives are the four sons of Sinclair founder Julian Sinclair Smith.” He died in 1993, but he and his family incorporated Sinclair Broadcast Group earlier, in 1986, and one of his four sons, David, became CEO in 1988.

SIDEBAR: The Baltimore Sun reported David Smith was arrested “and charged with committing a perverted sex act in a company-owned Mercedes” in August, 1996. It happened “in an undercover sting at Read and St. Paul streets, a downtown corner frequented by prostitutes.” Smith and Mary DiPaulo “were charged with committing unnatural and perverted sex act.” Police said “they witnessed the two engage in oral sex while Smith drove north” on Baltimore’s Jones Falls Expressway. Neither Sinclair nor its local flagship station WBFF-45 would comment.

People in the media have lost jobs over less. It looks like Smith used his power and influence to keep most of the media quiet. How do you think Sinclair would have handled another company’s executive in a similar situation?

BACK TO BUSINESS: The Seattle Times article described the four sons.

“They have contributed thousands to the Republican National Committee and conservative candidates, even forming a political-action group more than a decade ago to donate to the campaigns of former President George W. Bush and Sen. John McCain, R-Arizona, among others.”

That said, I should note McCain was angry at the company’s 2004 decision forcing its ABC stations to preempt Nightline due to our victims in Iraq. The CNN article reported McCain, a Vietnam veteran and prisoner of war, wrote in a letter to David Smith:

“Your decision to deny your viewers an opportunity to be reminded of war’s terrible costs, in all their heartbreaking detail, is a gross disservice to the public, and to the men and women of the United States Armed Forces. … It is, in short, sir, unpatriotic. I hope it meets with the public opprobrium it most certainly deserves.”

There is no more Fairness Doctrine, which from 1949 to 1987 required the broadcast license holders to present controversial issues of public importance, and to do so in a manner that was honest, equitable, and balanced. Turns out, the FCC ended it because it supposedly violated those owners’ First Amendment rights! In other words, to hell with the public and their airwaves.

Even without the Fairness Doctrine formally, what it stood for should be maintained. Good journalism requires both sides to be heard on an important issue.

(To avoid confusion, the equal-time rule deals only with political candidates and has been around, in one form or another, since 1927.)

These days, you can continue to call Sinclair the king of the “must-runs,” which The New York Times reported this May arrive every day at its TV stations. The paper defined them as

“short video segments that are centrally produced by the company. Station managers around the country are directed to work them into the broadcast over a period of 24 or 48 hours.”

So much for local control over content! The Times gave these examples:

“Since November 2015, Sinclair has ordered its stations to run a daily segment from a ‘Terrorism Alert Desk’ with updates on terrorism-related news around the world. During the election campaign last year, it sent out a package that suggested in part that voters should not support Hillary Clinton because the Democratic Party was historically pro-slavery. More recently, Sinclair asked stations to run a short segment in which Scott Livingston, the company’s vice president for news, accused the national news media of publishing ‘fake news stories.’”

Does this sound rational or unnerving?

Then, the article mentioned that Seattle station the company bought less than five years ago.

“Eight current and former KOMO employees described a newsroom where some have chafed at Sinclair’s programming directives, especially the must-runs, which they view as too politically tilted and occasionally of poor quality. They also cited features like a daily poll, which they believe sometimes asks leading questions.

“The journalists at KOMO described small acts of rebellion, like airing the segments at times of low viewership or immediately before or after commercial breaks so they blend in with paid spots. They all spoke on condition of anonymity, citing fear of reprisal from the company.

“Those interviewed said that being on the other side of the country from the corporate headquarters outside Baltimore gave them some breathing room. But not always.

“In late 2013, for instance, after The Seattle Times wrote an editorial criticizing Sinclair’s purchase of KOMO, Sinclair ordered KOMO to do a story critical of the newspaper industry, and of The Seattle Times in particular, according to two of the people interviewed.

“KOMO journalists were surprised in January when, at a morning planning meeting, they received what they considered an unusual request. The station’s news director, who normally avoided overtly political stories, instructed his staff to look into an online ad that seemed to be recruiting paid protesters for President Trump’s inauguration. Right-leaning media organizations had seized on the ad, which was later revealed as a hoax, as proof of coordinated efforts by the left to subvert Mr. Trump.

“Only after reporters had left the room did they learn the origin of the assignment, two of them said: The order had come down from Sinclair.”

Seattle is a progressive city. Imagine how all this would fly in New York, Los Angeles and Chicago!

Scott Livingston, the company’s vice president for news, told The Times his company isn’t right-wing. Instead,

“We work very hard to be objective and fair and be in the middle. … I think maybe some other news organizations may be to the left of center, and we work very hard to be in the center.”

I interpret that to mean Sinclair works very hard to be to the right of maybe some other news organizations. And again, refer to what I wrote about local control. (Don’t you think conservatives who insist on local control of children’s schools would also want local control on broadcasting?)

In March, while Sinclair was fighting to take over Tribune, and apparently hoping to sway public opinion, Livingston forced Sinclair stations to run a segment featuring him that blamed everyone else:

Remember, this year, the company is making local news anchors do this work.

mark hyman Mark Hyman, from http://stopthecap.com/2017/05/15/consolidation-sinclair-broadcasting-acquires-42-tribune-tv-stations-3-9-billion-deal/

Sinclair had its former Vice President for Corporate Relations Mark Hyman give “must air” right-wing commentaries for years, and some still run. Variety magazine said “commentary segments on politics and culture from Mark Hyman … typically offer a deeply conservative perspective.”

Boris Epshteyn clip art
Sinclair’s Boris Epshteyn, via Microsoft Word clip art

Then, last April, it hired former Trump campaign spokesman and advisor Boris Epshteyn as its chief political analyst, a month after he left the White House, according to Variety. His last titles were Special Assistant to the President, and Assistant Communications Director for Surrogate Operations for the Executive Office of President Trump.

Livingston said having Epshteyn serve as a commentator on Sinclair’s 173 television stations’ political news coverage is part of its efforts to provide “political context that goes beyond the podium” for viewers, and

“We understand the frustration with government and traditional institutions. … Mr. Epshteyn brings a unique perspective to the political conversation and will play a pivotal role in our mission to dissect the stories in the headlines and to better inform and empower our viewers.”

He must’ve liked what he saw in the “Bottom Line with Boris” segments. Just two months later, Variety reported instead of three per week, Sinclair planned to deliver nine Epshteyn commentaries per week to stations.

According to the magazine:

“His segments have so far been a mix of cheerleading and defensive arguments on behalf of the Trump administration’s agenda.”

fox-news-logoThat’s not exactly “fair and balanced” as Fox News used to proclaim to be.

Sinclair does not offer commentaries from the other side, but tells you the news programming their network-affiliated stations air is left-wing liberalism.

Also, a month after the presidential election, President Trump’s son-in-law and advisor Jared Kushner said Sinclair executives worked with the campaign to spread pro-Trump messages in Sinclair newscasts. Sinclair vehemently denied that and claimed it offered equal amounts of airtime for in-depth interviews to Trump’s rival, Hillary Clinton, and she declined the invitation.

I think most journalists try to be fair and leave their own opinions at home because they tend to be good people who try to do the right thing, unlike a lot of the corporations that only look out for shareholders and in Sinclair’s case, the owners’ political views.

It used to be that a company could not own more than five TV stations. Remember that? But slowly and slowly, the rules were loosened and loosened, more and more.

According to The New York Times,

“Last April, the chairman of the Federal Communications Commission, Ajit Pai, led the charge for his agency to approve rules allowing television broadcasters to greatly increase the number of stations they own.”

change channels 1It got the UHF discount rule reinstated, and that’s not a sign of the times. These days, most people have access to about 100 stations. It used to matter if your local TV station was VHF or UHF, due to antennas and how old TV sets were made for the UHF band. UHF stations were not as accessible, so the FCC decided the amount towards the cap should only be half for those stations, compared to VHF stations.

But now, the signals are digital and most people watch their local stations on cable, satellite, or on the internet. It makes no difference, so the UHF discount is unnecessary. And again, unlike the other 90 or so stations available to most people, local TV stations use the public airwaves and are required to serve the local communities’ interest. If the owners of these corporations don’t like that, then they are in the wrong business. Let them work for a cable station.

But concerning the UHF discount being brought back, The Times immediately said,

“A few weeks later, Sinclair Broadcasting announced a blockbuster $3.9 billion deal to buy Tribune Media — a deal those new rules made possible.”

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

Now, Pai is under investigation by the FCC’s inspector general but it takes two to tango. If he’s guilty, then who did he work with? Sinclair? President Trump, due to Sinclair’s good coverage of him?

I wonder. This is what The Times thinks:

“A New York Times investigation published in August found that Mr. Pai and his staff members had met and corresponded with Sinclair executives several times. One meeting, with Sinclair’s executive chairman, took place days before Mr. Pai, who was appointed by President Trump, took over as F.C.C. chairman.

“Sinclair’s top lobbyist, a former F.C.C. official, also communicated frequently with former agency colleagues and pushed for the relaxation of media ownership rules. And language the lobbyist used about loosening rules has tracked closely to analysis and language used by Mr. Pai in speeches favoring such changes.”

An FCC spokesman representing Mr. Pai countered the allegations of favoritism were “baseless,” and

“For many years, Chairman Pai has called on the F.C.C. to update its media ownership regulations. … The chairman is sticking to his long-held views, and given the strong case for modernizing these rules, it’s not surprising that those who disagree with him would prefer to do whatever they can to distract from the merits of his proposals.”

You decide.

Still, Sinclair would have to sell stations and Variety reported “Sinclair surprised the industry” by proposing to sell two of Tribune’s biggest gems: WPIX in New York and WGN-TV in Chicago.

But can you believe who agreed to buy them, and the prices that will supposedly be paid?

WPIX

WPIX-New York would go to Cunningham Broadcasting Company for a mere $15 million. That’s pennies on the dollar!

And about Cunningham Broadcasting: That company is mostly owned by the family that runs Sinclair, specifically 90 percent by the estate of Carolyn Smith, the late wife of Sinclair founder Julian Sinclair Smith and mother of Sinclair chairman David Smith!

Cunningham has 20 stations, according to its website, but Sinclair is actually the company that runs most of them. That’s a sneaky way to use a shell corporation in order to get around the rules. It’s completely unethical and the FCC should really throw the book at them, but it looks like something similar is about to happen.

WGN-TV

Then, Variety reports “The buyer for WGN-TV is listed as Steven B. Fader, chairman of Baltimore-based Atlantic Capital Group. Fader is a business partner of David Smith in Atlantic Automotive Corp., which owns dozens of car dealerships.”

Again, somebody close to the family. Again, a tiny price. This time, $60 million, which is four times as much as the bigger New York station.

wpwr chicago logoBig city stations don’t get bought and sold so often, but according to Variety, “Back in 2002, Fox paid $425 million to acquire WPWR-TV Chicago, a UHF station that was not nearly as strong in the market as WGN-TV” which is on Channel 9 and much more prominent as the former superstation that carried Bozo the Clown and Chicago Cubs baseball games.

Another station part of the deal is KTLA in Los Angeles, which Tribune bought for a record $510 million way back in 1985. NBC bought WTVJ in Miami for $240 million in 1987.

Do WPIX-New York for $15 million or WGN-TV Chicago for $60 million sound at all reasonable?

I think the FCC should insist Sinclair itemize every TV station it plans to buy from Tribune, tell everyone how much it values each and how it adds up to $3.9 billion.

The New York Times recently reported Sinclair submitted a proposal that

“would put many of the stations in trusts, an arrangement that has raised some concern from consumer groups that the company will try to operate them through partners down the road, because it runs some stations that way now.”

And Sinclair had said WPIX-New York and WGN-TV Chicago would be sold “to third parties that it would partner with later.”

Doesn’t Sinclair running TV stations that are really owned by shell corporations sound familiar, especially for a company that wants to be seen all over the country?

sinclair before tribune
Sinclair now, without Tribune

What Sinclair is willing to accept for WPIX and WGN-TV is outrageous and makes no sense. As Judge Judy says, “If it doesn’t make sense, it’s not true.” And if you believe Judge Judy’s phrase, then the people who run the largest broadcaster in America are liars and therefore unfit.
map Harrisburg Indy Greensboro

Sinclair is also asking for permission to own more than one station out of the top four in Harrisburg, Indianapolis and Greensboro. It already owns TV stations in those cities. Why should it get special permission to break the rule and own more, after all it has done?

Speaking of violations, in December, the FCC proposed fining Sinclair for – as the company put it –

“apparently airing certain public service segments by the Huntsman Cancer Foundation about cancer prevention, treatments and cures, without certain sponsorship identification. … Any absence of sponsorship identification in these public service segments was unintended and a result of simple human error. … We disagree with the FCC’s action and intend to contest this unwarranted fine.”

The proposed amount of $13.4 million was really “for not identifying paid programming as advertising,” according to USA Today.

It continued,

“The FCC said … Sinclair’s Salt Lake City station produced news story-like programming for local news broadcasts and longer 30-minute TV programs for the Huntsman Cancer Foundation. The FCC said these spots that weren’t properly identified as ads aired more than 1,700 times in 2016 across 64 Sinclair-owned TV stations and also for 13 other stations not owned by the company. The FCC said Sinclair apparently didn’t tell these stations that it didn’t own that it was providing an ad.”

CNN said,

“The segments looked just like independent news stories, but Sinclair failed to disclose that they were paid for by the Huntsman Cancer Foundation.”

tv news advertisingSo Sinclair doesn’t know the difference between public service segments, done out of generosity, and ads they charge to air? If that’s the case, then they’re dumb, and dumb people should not be overseeing news. (Just wait a paragraph!)

The proposed fine is supposed to be a record. Some say that’s evidence the FCC is being tough on Sinclair. On the other hand, considering the severity and number of times they did it, others including two FCC commissioners said the fine was too low.tv owner population share

Also, you would think the largest broadcaster in America would do news right. It claims it buys new equipment and really helps local stations provide the best local news to their audiences.

What about Pittsburgh? It’s a large city and Sinclair owns a Fox affiliate, WPGH-Channel 53. It used to produce its own newscast but no longer does. Instead, it runs a newscast produced by a competitor. That’s one less local television voice. Doesn’t Pittsburgh deserve a fourth station offering its own local news? Isn’t the city and region big enough?

Then, what about Sinclair pretty much closing up shop in Toledo, Ohio? Its NBC affiliate there has a few people left in news but production is done out of its CBS/Fox stations in South Bend, Indiana. That includes its anchors and weather people. Who knows if they’ve ever been to Toledo, know anything about it, its history, what’s popular there, etc.? How can they do a decent job and how many people were laid off when Sinclair made that decision? FTV Live’s Scott Jones has shown an example after example of technical problems that happened because of Sinclair going cheap.

(The Fox affiliate in the Scranton/Wilkes-Barre market is a little different. It’s not as bad since the station finally stopped outsourcing news to the competition and started doing its own for the first time last year, except with those same South Bend anchors who would have the same questionable knowledge of northeast Pennsylvania.)

But those South Bend anchors can’t do three newscasts at once. Some things we see live everyday would have to be recorded. Does the weather person say the current conditions, or are they simply put on the bottom of the screen. Can you see live-shots during snowstorms, or what it was like an hour ago?news flash

When there is breaking news and very little information, a good news anchor will be able to ad-lib around about the area the news is taking place. That anchor will tell you where it is, what’s nearby, major places to avoid, etc. The weather person will know the nuances and micro-climates of that area.

Sinclair has shown none of that matters.

Furthermore, several states’ attorneys general have spoken out against the sale, ironically including Maryland where Sinclair is based and Illinois where Tribune is based. That says a lot!nancy reagan

For all of these reasons, including less competition, the FCC should deny Sinclair the chance to buy Tribune. As Nancy Reagan said, just say no. Let this awful waste of time (ten months so far) and money become history as quickly as possible.

This is information on the FCC. The party of the president gets three of the five commissioners, and the other party gets just two. Two recent votes — bringing back the UHF discount and getting rid of net neutrality – have gone party line. The Sinclair-Tribune decision should not go the same way, although the Justice Department has to also make a decision.

I suggest you make a case and email each of the five, letting them know the danger that Sinclair poses by its size, its power, and its ethics. A few clear sentences with your name address and phone number will help. You can even copy and paste this post, write a sentence and add this post’s URL (https://cohenconnect.com/2018/03/11/call-to-action-help-stop-sinclair-from-taking-over-tribune/), or look for other sources if you trust them more than me.

Just copy and paste whatever you do. Then, look at the bottom-left of the FCC’s website under Leadership. You’ll have to click each commissioner and look at the left side to email each one.

CongressDon’t forget Congress created the FCC, oversees it and confirms FCC appointments.

They can even use the Congressional Review Act (CRA) to review new federal regulations issued by government agencies and overrule them by passing joint resolutions. Congress enacted it while Newt Gingrich was House Speaker as part of his Contract with America, and President Clinton signed it into law in 1996.

Click here if you need to find your Congressional Representative (you may need your ZIP+4) and click here to find your senators. Just look for your state at the top of the site.

Then, send what you sent the FCC commissioners.

fcc logoWe are the public, the American people. I don’t think we have been listened to by most of the people in government on any level for far too long, with just a few exceptions. It’s time to make a change and take charge. The FCC has revoked licenses before. In Boston, a whole new channel 5 was established in 1972. It forced the owner of New York’s channel 9 to move to New Jersey and then let it sell instead of revoking its license. In the 1960s, after a several-years long investigation, KYW was brought back to Philadelphia from Cleveland. The FCC can do big things. Let’s have them do this as the start of a new era.

Now for the fun. If you don’t believe me, maybe you‘ll believe John Oliver. Watch his take here.

(OK. This was longer than I intended, probably the longest of any blog I’ve published, but there are so many reasons I feel the way I do (hope you agree!), and that’s just what always ends up happening to me!

Flakes and facts, lots on my mind

Gotta love a snow day if you don’t have anywhere to be. Yes, I have a busy week ahead and things to prepare, but they don’t require going out.

weblocalradar.gif
http://philadelphia.cbslocal.com/cbs3-radar/

The TV people were right this time. It’s almost 1pm and I’m supposedly getting 3 inches of snow an hour, which should end up as 6-10 inches when it’s done, and the snow didn’t even stick at first.

The storm comes less than a week after this last one, last Friday.

2018-03-02 snowy icy friday
March 2, 2018

Luckily, I have lots on my mind to share with you today.

From ugly weather (to those of you in Florida) to an ugly video: Monday, Britain’s Independent reported, “The National Rifle Association has released a video containing a threatening message to journalists, warning them ‘your time is running out.’”

NRA National Rifle Association official logoYou see an angry looking and sounding “conservative political activist and TV host Dana Loesch telling “every lying member of the media” that “we are done with your agenda” and they have “had enough.”

She names lots of media hosts and shows. Then, at the end, she ominously says, “Your time is running out. The clock starts now,” and she turns over an hourglass.

Talk about bitter! Thousands of Americans have stood behind the young survivors of the Marjory Stoneman Douglas High School massacre in Florida that killed 17 of their classmates, as they called on lawmakers to reform the gun rules.

Click here for more details and reaction to the video.

video games

Also Monday, Variety reported President Trump will be talking about gun violence — with leaders of the video game industry!

According to the Entertainment Software Association, which represents major video game makers:

“Video games are enjoyed around the world and numerous authorities and reputable scientific studies have found no connection between games and real-life violence.” … “Like all Americans, we are deeply concerned about the level of gun violence in the United States. Video games are plainly not the issue: entertainment is distributed and consumed globally, but the U.S. has an exponentially higher level of gun violence than any other nation.”

But a group spokesman says they’ll be there anyway.

The entertainment magazine reports after the Parkland massacre, the President said,

“I’m hearing more and more people say the level of violence on video games is really shaping young people’s thoughts.”

The ESA — which operates a voluntary ratings system — said the White House meeting

“will provide the opportunity to have a fact-based conversation about video game ratings, our industry’s commitment to parents, and the tools we provide to make informed entertainment choices,”

but their titles don’t contribute to real-life mayhem.

In 2011, the Supreme Court struck down a California law to restrict minors’ access to video games, ruling it’s protected by the First Amendment.news flash

I’m excited about something else. It’ll help you watch out for hidden agendas in news, or media that knowingly publish falsehoods or propaganda.

The Nieman Journalism Lab announced a start-up initiative called NewsGuard that’ll fight fake news by rating more than 7,500 news sources. NewsGuard says it plans to hire dozens of people with journalism backgrounds and have them

“research online news brands to help readers and viewers know which ones are trying to do legitimate journalism — and which aren’t.”

The ratings will be like a traffic light. A real newspaper publishing good content will get green. A fake news site will get a red. Then, according to Nieman,

“A site that’s not putting out deliberately fake news, but is overwhelmingly influenced in its coverage by a funder that it’s not eager to disclose? Maybe a yellow.”

And the ratings — called “nutrition labels” – will come with “a 200- to 300-word write-up on each source’s funding, its coverage, its potential special interests, and how it fits in with the rest of the news” world since the founders acknowledge not all of the sites in a given color category are equal.

websites

I can’t wait for this to start. The folks behind NewsGuard are Steven Brill (founder of The American Lawyer and Court TV) and L. Gordon Crovitz (former publisher of The Wall Street Journal).

Brill told CNN “algorithms aren’t cutting it, so real-life reviewers are needed to judge reliability.”news websites

They say their “goal is to give everyone the information they need to be better informed about which news sources they can rely on — or can’t rely on.”

Analysts will work in pairs. They may not settle on a rating if they feel they don’t have enough information to be confident, or have editors weigh in if the analysts disagree.news interview

Plus, “The company will also have ‘a 27-7 ‘SWAT team’ that responds to breaking news and news items that are suddenly trending.”
It plans to stay in business by licensing “NewsGuard’s encyclopedia of news sources to social media platforms and search engines” – in other words, GoogleMicrosoft, Facebook and Twitter, which could leave out the reds or use them with a warning – and offering advertising for businesses that “want to be spared any embarrassment that comes from advertising on deliberately fake sites.”generic website

Brill said the tech companies will pay because, “We’re asking them to pay a fraction of what they pay their P.R. people and their lobbyists to talk about the problem.”

Good luck, guys!

Rupert Murdoch wikimedia commonsNow, to Rupert Murdoch’s chutzpah and greediness. In January, he called for Facebook to pay for the content his companies – 21st Century Fox and News Corp. – publish on the site, while it’s Mark Zuckerberg’s company that really does him a favor by distributing the stuff! (You can decide how much the stuff is worth until NewsGuard kicks off.)

Now, the U.K.’s The Register is reporting Facebook “abandoned its ‘fix’ for news after publishers complained about a drop in traffic” and that’ll mean more clickbait for the rest of us.

Facebook had added an Explore tab in October, to show us more from friends and family on our News Feeds, and remove professional publishers.

The Register described a few examples:

“Clickbait-focused publishers such as Buzzfeed had benefited enormously from being promoted on Facebook – and owed much of their success to lightweight ‘shareable content.’ But after the changes, traffic dropped sharply. Facebook rushed to assure publishers it was just a test. It has now formally abandoned the experiment, counting “feel-good news and service content” publisher LittleThings among the casualties.”

facebook f logoOn Feb. 28, the U.K.’s Business Insider reported once flourishing women-focused digital publisher LittleThings closed down, blaming Facebook’s huge algorithm tweak.

The Register explained Facebook has “come under fire” since the 2016 Presidential election. First, the News Feed was “hand-curated by low-paid graduates” but “accused of political bias.” Then it replaced the people “with an algorithm that valued ‘engagement’” but a “low bar for inclusion” exposed more “inflammatory and bogus material.”

It also quoted former senior Facebook exec Antonio Garcia Martinez, who explained how viral content was given a premium value.

“Rather than simply reward that ad position to the highest bidder, though, Facebook uses a complex model that considers both the dollar value of each bid as well as how good a piece of clickbait (or view-bait, or comment-bait) the corresponding ad is,” Martinez said. “If Facebook’s model thinks your ad is 10 times more likely to engage a user than another company’s ad, then your effective bid at auction is considered 10 times higher than a company willing to pay the same dollar amount.”

Donald TrumpAnd Donald Trump’s campaign – which spent very little money – was playing by Facebook’s rules since “rural targets were cheaper to reach than urbanites, and Trump wanted to reach them, so Facebook ad spending proved to be very good value.”

Bottom line, according to The Register:

“The results of Facebook abandoning this particular experiment is that clickbait-hungry publishers will continue to rely on the platform for exposure, rather than building their own brands, and Facebook will rely on clickbait-y free content to keep people on the site. It’s a marriage of the desperate.”

mark zuckerberg facebookThat’s not what I wanted to read.

I suggest Zuckerberg suspend all Fox and News Corp. accounts from Facebook for a week. Every newspaper, TV station, news anchor, etc. That should show ‘em!

Meanwhile, Miami’s CNN’s Jeff Zucker accused Facebook and Google of having a duopoly or monopoly on money from digital content, and wants regulators to look into the two companies.

jeff zucker cnnKeep in mind, CNN was a monopoly on 24-hour cable news from June 1, 1980 to 1996 when MSNBC started on July 15, and Fox News Channel went on the air on Oct. 7. (That’s except for when ABC/Westinghouse’s Satellite News Channel competed from June 21, 1982 until Oct. 27, 1983, and CNN founder Ted Turner bought it.)

Sounds like a sore loser. His ratings stink.

Late last month, he tried to come across as a spokesperson trying to protect good journalism when The Hollywood Reporter quoted him as saying,

“Everyone is looking at whether these combinations of AT&T and Time Warner (his own company, which AT&T wants to buy for $85 billion, and may put his own job in jeopardy -Lenny) or Fox and Disney pass government approval and muster, the fact is nobody for some reason is looking at the monopolies that are Google and Facebook. … That’s where the government should be looking, and helping to make sure everyone else survives. I think that’s probably the biggest issue facing the growth of journalism in the years ahead.”

Government “helping to make sure everyone else survives” sounds a whole lot like President Obama bailing out the U.S. banking and auto industries during the Great Recession. It was probably the best thing he did as President. Philosophically, maybe he shouldn’t have, but nobody can deny it worked and saved jobs.

But the banking and auto industries are not journalism. They’re not protected by the First Amendment. And intelligent people will turn to quality news, even if it’s hard to find, and that has already become harder and harder for years.

Advice for Zucker: Do a better job on TV. In contrast to President Obama, explain why you hired so many digital staffers a year ago, only to lay off roughly 50 of them last month – and why you shouldn’t be one to go.cnn

Vanity Fair reports, “Several high profile digital initiatives are being scaled back.” Media analyst Jeffrey McCall told Fox News the layoffs “seem to suggest that CNN may have outkicked its coverage” and Zucker wanted his digital group to “grow too quickly” before having a “comprehensive plan” in place. Also, “It does seem odd that these cuts are apparently targeted for the digital side at this time, when most strategists seem to think that’s an area for potential growth,” McCall said.

And the kicker (rather than “kick ass”), according to the Fox article,

“Last month, YouTube star Casey Neistat — hired by Zucker on the recommendation of his teenage son — abruptly walked away from CNN less than two years after CNN reportedly paid more than $20 million for his video-sharing startup Beme.”

at&t time warnerTime Warner is a big company. It owned AOL – one of the early pioneers of the Internet – until about the time you were hired. Why didn’t TW compete? Or did it, and free enterprise sent the experiment to wherever those 50 laid off digital staffers are?

According to TV Newser, the Justice Department sued to block the AT&T-Time Warner deal back in November, and the antitrust trial is set to begin March 19.

Zucker, get more people to your website and have your digital salespeople do a better job, you sore loser, or you’ll be out of a job!

comcast new 595x227Back to 21st Century Fox’s Murdoch. He got a black eye about a week ago when Philadelphia-based Comcast (the cable company that also owns competitor NBC) topped his company’s offer to buy the 61 percent of Sky PLC it didn’t already own. That could halt Fox’s attempt to consolidate ownership of the British broadcaster. It has owned 39 percent of Sky for years.

comcast
Today on https://corporate.comcast.com/, obviously important to the company!

 

But even more importantly, Sky is supposed to be one of many assets Fox plans to turn around and sell to Disney (owner of ABC) — while keeping only its American broadcast network, TV stations (you know by now Fox doesn’t bother list them on its Stations Group website) and plans to buy more, the Fox News Channel and the Fox Business Network — in a separate $52 billion follow-up deal.

But Fox was cheap.

fox sky news disney

Reuters reports Comcast offered £12.50 per share ($31 billion), significantly higher (more than 16 percent) than Fox’s £10.75 per share. (Yes, I know how cheap Fox is. I worked for them. The one exception is the NFL.) Sky already agreed to be sold to Fox, but the British government delayed the takeover because it’s concerned about Rupert Murdoch’s influence. In 2011, he closed the News of the World after its journalists admitted hacking phones to get scoops, but he still owns The Sun and Times newspapers.

Fox promised to keep Sky News fully independent for ten years, but faces skepticism across the pond. And with a ten-year promise, I don’t understand how it could be sold to Disney.

Reuters reports Sky’s shares jumped more than 20 percent, while shares of Comcast, Fox and Disney all fell. So if the Sky-to-Fox first part doesn’t happen, investors may expect a bidding war.

You’ll remember in December, Comcast bid $60 billion for Fox’s assets – “substantially more” than Disney – maybe even $10 billion more, according to Philly.com. But Disney’s bid beat Comcast’s. The Wall Street Journal reported Murdoch “was concerned that a Comcast deal would be opposed by U.S. regulators and instead opted for the lower Disney offer.” The deal still needs approval from the Justice Department.

The Hollywood Reporter says Comcast said at the time:

“When a set of assets like 21st Century Fox’s becomes available, it’s our responsibility to evaluate if there’s a strategic fit that could benefit our company and our shareholders. … That’s what we tried to do, and we are no longer engaged in the review of those assets. We never got the level of engagement needed to make a definitive offer.”

More merger news: Broadcasting & Cable reports eight of the 50 states’ attorneys general came out against the SinclairTribune merger. They told the Federal Communications Commission “it does not have the authority to raise the 39 percent national audience reach cap for TV station groups, that it does have the authority to eliminate the UHF discount” – the old rule that discounts the number of viewers UHF stations reach by half, because they were weaker and harder to watch years ago before modern technology like cable, computers, etc. – and that it should eliminate the discount.

That UHF discount was gone until FCC chairman Ajit Pai – a President Trump appointee under investigation for improperly pushing for rule changes to benefit Sinclair Broadcasting in its attempt to acquire Tribune Media. Now it’s back. Critics say Sinclair has forced local stations to provide favorable coverage to Republican candidates for years.

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

B&C claims Pai is “saying the previous commission should have considered the cap and the discount together, which it is now doing.”

The attorneys general are from Illinois (home to Tribune), Pennsylvania, Iowa, Maine, Massachusetts, Rhode Island, California and Virginia.

They – according to B&C – argue “getting rid of the cap would threaten diversity, competition, and localism, and cites Sinclair Broadcasting, whose Tribune deal would benefit from lifting or eliminating the limit, pointing out that it distributes news stories that must run in its newscasts.”

generic tvIn November, The Baltimore Sun reported Maryland’s attorney general opposed the takeover because “the combination would decrease consumer choices and diversity in the media marketplace.” Sinclair is based in Maryland.

According to The Sun, Sinclair claims “the merger would allow the new company to better serve local viewers with expanded local coverage, better facilities and more programming, delivered in part by operational efficiencies.”

The company announced it would sell several stations to stay under a new cap, but the deals it reached would let it continue to control the New York and Chicago stations it sells, so those big cities won’t count. (Is there ANYBODY who thinks that’s OK?)

WPIXAccording to Variety, Sinclair will sell WPIX-New York for a measly $15 million to Cunningham Broadcasting. More than 90 percent of that company’s stock is controlled by trusts owned by the estate of Carolyn Smith, the late wife of Sinclair founder Julian Smith and mother of Sinclair chairman David Smith. So the Smith children own it. Talk about a shell corporation! Cunningham owns 20 stations but at least 14 of them are run by Sinclair!

WGN-TVAnd it would sell WGN-TV Chicago for just $60 million to Steven B. Fader, chairman of Baltimore-based Atlantic Capital Group and business partner of David Smith in Atlantic Automotive Corp.

Those stations are worth hundreds of millions of dollars, maybe a half-billion.

On top of that, Variety says,

“Sinclair would not only continue to operate the stations and receive the lion’s share of their revenue, but the sale agreement with both buyers gives Sinclair an option to buy the stations back within eight years. That’s seen as a marker for the company to bide its time in the hopes that the FCC relaxes its station ownership restrictions in the near future.”

The $3.9 billion deal – if it goes through – would make the nation’s largest television broadcast company even larger. Sinclair is already largest with 191 stations, while Tribune brings another 42 stations before divestitures. The post-merger reach would be 72 percent of U.S. homes. (Does that include the huge markets of New York and Chicago?)

This is something I didn’t consider in my last blog, about the possibility Fox buys Miami’s CW affiliate WSFL due to the merger, even though it doesn’t produce news, and gives up strong affiliate WSVN – simply to own a Miami station since Miami has an NFL team, the Dolphins. TVNewsCheck‘s editor Harry Jessell reported, “Fox has one other obvious option in Miami. It could buy ABC affiliate WPLG.” Warren Buffett’s Berkshire Hathaway bought it from Graham Media (the former Post-Newsweek) in 2014, and it’s Buffett’s only station.

I’m sure Buffett makes money but he has no vertical integration. Graham was supposed to help run the station after the sale, and it still has a Graham station look. So does its website. Also, Buffett is not the type to get attached (except maybe to Omaha) and would be willing to cash out of the price is right.

If he sells WPLG to Fox, then it makes sense ABC would probably call WSVN. Makes the most sense by far, but I wouldn’t swear on anything. In 1988, CBS seemingly surprised everyone by buying the former WCIX instead of affiliating with WSVN.

Jessell also reported he spoke to Ansin who said Fox hasn’t mentioned anything about “moving into the market and no expression of interest in WSVN.”

I also want to point out another example of a TV network not renewing a local TV station’s affiliation because it competed for viewers in part of a city where the network owned its own station. The last blog mentioned NBC getting rid of WMGM in Atlantic City because of its Philadelphia station, WCAU, and how ABC was much nicer years earlier when it paid the owner of KNTV in San Jose to leave the network because it owned KGO-TV in San Francisco. (WMGM shut down its news department.)

Since then, I remembered NBC dropped WHAG (now WDVM) in Hagerstown, Md., in the middle of 2016 because of Washington, DC’s WRC. Since then, the independent station really became competition, expanding its coverage area by 1.2 million households, also serving Chambersburg, Pa., Martinsburg, W.V. and Winchester, Va.

Also, I learned NBC dropped KENV-DT in Elko, Nev., which served a lot of the Nevada side of the Salt Lake City market. It aired its own news, but was run out of Sinclair NBC affiliate KRNV in Reno. That goliath Sinclair also owns three stations in Salt Lake City, but not the NBC affiliate. KENV is actually owned by Cunningham Broadcasting, and it shut down its news department.

wkptAnd then I remembered something similar in the Tri-Cities of TN/VA, where I used to work. ABC dropped affiliate WKPT, the only TV station owned by Holston Valley Broadcasting. Yes, the station was weak. But no, there weren’t any other local stations that carried news. And no, ABC couldn’t get one of the two that did to change over to ABC. Instead, it made a deal to put ABC on the CBS affiliate’s subchannel! That shows it pays to be big and powerful (in contrast to what happened at Ed Ansin’s two stations in Miami and Boston), and that networks have a lot more possibilities for affiliates when it comes to subchannels. It’s not a good idea to get on their bad side. WKPT dropped local news and I showed you the unbelievable farewell to the main anchor just before that happened!

Thursday Night Football logoAnd Jessell also wrote he’s hearing “Fox is once again pushing the idea that it should represent its affiliates in all retrans negotiation.” That means instead of each station demanding money from cable and satellite companies to carry them, Fox would do the work for them all and send each station its share. It would carry the power of nearly 200 stations, and those stations won’t have to bother negotiating. Of course, Fox would also carry power over the stations, and the network’s opinion is its programming (sports) makes the stations worth more and will take its share. Plus, somebody has to pay for Thursday Night Football!

For me, it was nice peeking out the window and watching the snowstorm as I wrote, but like this blog, and certain stations’ newscasts, it appears to be over.

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http://philadelphia.cbslocal.com/cbs3-radar/

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WSVN without Fox? It’s possible if….

Surprisingly, I haven’t seen this reported at all by South Florida media. Yes, they’re still consumed and reeling from the massacre at Marjory Stoneman Douglas High School on Valentine’s Day, but this involves THEM, darnit, and they know it.

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There was nothing in the Miami-Herald, Sun-Sentinel, or New Times about it, nor TV stations WSVN and WSFL which could be at the center of it.

It’s the possibility WSVN-Channel 7 in Miami-Fort Lauderdale may lose its Fox affiliation.

I told you here, here, here and here, if the Sinclair-Tribune merger goes through — and the new company has to spin off stations to stay under the limit in order to get Federal Communications Commission approval — then the plan is that Fox itself will buy several Tribune stations – all Fox affiliates already – but also WSFL-Channel 39, which is South Florida’s CW affiliate. Then, what would happen to programming on both stations?

WSFL

Fox TV stationsFox doesn’t own too many stations compared to other groups — even if you find 28 in 17 cities, covering more than 37 percent of American homes astounding. (But the Fox Television Stations Group’s website STILL doesn’t list them, as I’ve written time and time again.)

Of course, putting WSFL on the block goes against Sinclair trying to buy up stations in every city around the country – or just make a deal with the owners to operate them, to get around the rules. That’s because neither Sinclair nor Tribune have any other stations in Miami.

sinclair before tribune
Sinclair now, without Tribune

WSVN’s owner is Ed Ansin’s Sunbeam Television Corporation. He inherited it. In case you didn’t know, I started my TV news career there.NFL Logo

Fox has been trying to buy TV stations in NFL football cities, and Miami is one of them, but would it give up WSVN’s good ratings and help from its large news department, just to have a station of its own?

From the sixth borough, in a New York minute: YES. There is no more partnership in television. Everything is just to make a buck. Don’t forget that. It’ll repeat over and over as you read.

Look at what happened on a Saturday in January, 1987. I remember returning from the synagogue, going to my grandparents’ condo, and reading in the Miami Herald business section that NBC was buying WTVJ-Channel 4 even though WTVJ was the CBS affiliate, and WSVN was the NBC affiliate. Both networks wanted to own stations in Miami, which was growing and close to Cuba for coverage when Fidel Castro’s government collapsed. (Now, 31 years later, Fidel is dead and we’re still waiting. Typical!)

Of course, NBC didn’t want to own a CBS affiliate and CBS didn’t want its affiliate owned by NBC, but there was a two-year affiliation agreement that had just started at the beginning of the year between NBC and WSVN.

Owner Ansin fought like hell and sued to keep his NBC affiliation since he had stayed with the network during the extremely lean years before The Cosby Show put the network back on the map in 1984.

WSVN 7 logo

Of course, he hadn’t put so much emphasis on his news department since he didn’t have to. Remember, I mentioned at one point owning a TV station was a license to print money, so it wasn’t necessary.

Anyway, you would think CBS would end up affiliated with WSVN, but that’s not what happened. CBS owner Larry Tisch thought that if NBC bought WTVJ for $240 million and he can buy independent WCIX-Channel 6 for a quarter of that — just $60 million — then he got a bargain!

WCIX had its own 10pm news program but Tisch didn’t realize the importance that WCIX’s signal was 30 miles to the south of the other stations, and could not be seen in northern Dade (Miami-Dade came in the mid-1990s) or Broward counties.

In 1995, CBS lost a lot of stations to Fox. It really wanted stations. Westinghouse formed a joint venture before buying CBS, which left them with two stations in Philadelphia. The partnership kept Westinghouse’s KYW-TV, so in exchange for CBS’ WCAU, NBC gave CBS KCNC-Denver, KUTV-Salt Lake City, and also exchanged frequencies in Miami so its station would cover the entire market.

Ratings sucked for years until the two stations, WTVJ and WCIX, switched dial positions (4 to 6, and 6 to 4), and WCIX became WFOR.

Watching Channel 4 that night:

Watching Channel 6 that night:

Before then, affiliation agreements tended to be two years. I mean, how could you sign an affiliation agreement that’s longer than an FCC license to broadcast? That would be chutzpah! And if the station got in trouble and had its license revoked, then there wouldn’t even be a station affiliate partner.

Ansin held out and ended up with the new Fox network. He also had his news director Joel Cheatwood throw everything at crime-heavy local news — in which he could keep all advertising money – with younger, cheaper workers, and surprisingly it stuck, so everyone involved became a hero, the station’s style was copied everywhere and many working there departed for new, higher-paying jobs. And WSVN was temporarily taken off some hotel cable systems, so not to scare tourists!

Then look at San Francisco. NBC wanted to buy its longtime affiliate, KRON. The network really, really wanted to buy it. In 1999, the deYoung family decided to sell and NBC threatened to take away the station’s 50+ year affiliation and make the station worth hundreds of millions of dollars less, if it didn’t get to buy the station. (Can you say steal, extortion, or shakedown?) Still, KRON’s owners sold to a higher bidder, Young Broadcasting. NBC ended up making several more demands, which Young turned down, so KRON turned independent after all those years, at the end of 2001. (Young was bought by Media General, which was bought by Nexstar.)

kron

NBC pretty much invented its own Bay Area station, step by step.

KNTV 1KNTV in San Jose was an ABC affiliate that network didn’t want competing with its own San Francisco station, KGO-TV, in San Jose anymore. It agreed to take money from the Alphabet network and go out on its own — but it offered to pay NBC to affiliate with it. (Just like at the end of 2014, NBC got rid of WMGM in Atlantic City so it wouldn’t compete with its own WCAU in Philadelphia, but that station’s owners got nothing. Unfortunately, times changed.)

KNTV 2NBC had to get a new station and reverse compensation was a new, tempting concept. The FCC reclassified KNTV from a Monterey-area station able to be seen in San Jose, to an actual San Jose–San Francisco–Oakland station.

KNTV 3But the affiliation only lasted long enough for permissions given and the ink to dry. Weeks before the start of 2002, NBC bought KNTV for a fraction of KRON’s price. Finally, in 2005 and against KRON’s objections, NBC moved KNTV’s signal 52 miles closer to San Francisco, so people there could actually watch Peacock programming over the air again. (NBC apparently didn’t care about those people too much!) Now, it can’t be seen over the air in San Jose, but reread the words I just put in italics in the parenthesis.

KNTV 4Other fiascos: KNTV was over the air on Channel 11 but aired on cable channel 3 (conveniently next to KRON-Channel 4). Some genius running the transition decided to brand the station NBC3, which confused people to the east watching NBC affiliate KCRA in Sacramento, also a Channel 3. Then it became NBC11. Then simply NBC Bay Area.

See what I mean? Watch KNTV news opens through the years, from city changes to affiliate changes  to branding changes.

And Miami people, you’ll remember my former co-worker.

WHDH logo 1Now, take Boston from just last year. NBC wanted to own a station there. It insisted our old friend Ed Ansin sell his NBC affiliate WHDH-Channel 7 to them, just like it would’ve preferred back in Miami in the late 1980s. Anson refused yet again, saying NBC offered half what it was worth and trying to steal it.

(Yes, Ansin got back into business with NBC in Boston, rather than Fox, after CBS dropped WHDH, even after NBC dropped him in Miami. Why? To make money, of course!)WHDH logo 2

So in early 2016, NBC announced it would drop Ansin’s WHDH and start a new station called NBC Boston on New Year’s Day?

Where would that station be found? Nobody else was selling their station. NBC had ended up with New England Cable News, which was owned by Hearst and NBC parent company Comcast’s predecessor, until Hearst sold its share. Over the air, it already owned a weak Telemundo channel in the northern part of the market, WNEU-Channel 60 in New Hampshire. Its signal definitely wasn’t going to cover the entire Boston TV market over the public airwaves.

WHDH logo 3Ansin sued NBC again, claiming the poor people of Boston wouldn’t be able to watch NBC anymore, which kind of made him look like a monopolist. Lawmakers were also concerned, especially because if people had to buy cable to watch NBC, they would have to use Comcast which of course owns NBC! Regulations for fairness were put in place back when Comcast bought NBC Universal in 2011. For example, Comcast’s cable service couldn’t benefit from the ability of viewers to receive the network over the air, and NBC Universal programming had to be made available to any competing cable operators in town.

WHDH logo 4This is what the network did in 2016:

— NBC bumped the Telemundo signal to a WNEU sub-channel, and put NBC on the main channel.

— It bought WBTS-LD (low-powered) Channel 8 (which it couldn’t make more powerful without interfering with channel 8s in New Haven, Conn. and Portland, Maine.

— It leased a subchannel of WMFP (virtual channel 60.5) in Lawrence, Mass.

NECN Logo 2015

nbc bostonSo, by expanding NECN’s news department, it invented its own station out of nowhere!

That station, called WBTS-NBC Boston, went on the air Jan. 1, 2017. WHDH became an independent, added more news and lost some prominent people to the more prestigious NBC.

nbc10 bostonIn 2018, NBC added a channel-sharing agreement with digital Channel 44, under the license of Channel 15, a CD station meaning low power analog often with a digital companion.

It also changed the branding to NBC10, which is like repeating the San Francisco-Sacramento issue, because Providence NBC affiliate WJAR — seen on cable in Boston’s southern suburbs — is powerful on Channel 10. We’ll see how long that lasts!

So Boston got an extra station and most lost viewers since the pie had an extra piece. Was it worth it for NBC, or should it have just kept its affiliation with WHDH?

So Anton got shot down by NBC again, this time in Boston, and that could lead to several other, minor network affiliation changes. For example, in 2006, Ansin bought a second Boston station, CW affiliate WLVI, coincidentally from Tribune. (Just the signal, but not the building or workers. Everyone was laid off, maybe even the producer who beat me for an Emmy Award back in 1997!) Warner Bros. and CBS own the CW Network, and the Tribune stations were a big part of the affiliates. Since Tribune doesn’t own WLVI anymore and CBS owns former UPN independent WSBK, the CW affiliation could move there. (More on this later!)

wlvi 3

By the way, Ansin sold WLVI’s broadcast frequency in the FCC’s recent spectrum auction for an undisclosed amount that he told the Boston Globe was “a lot of money” (definitely hundreds of millions of dollars) and now that station shares WHDH’s channel.

There are several other examples:

In the mid-1990s, NBC decided to replace its Raleigh-Durham affiliate, WRDC-Channel 28, because it did poorly and didn’t carry all of NBC’s programs. That’s when The Outlet Company bought Channel 17, increased its power and changed its call letters to WNCN. Plus, there was already a relationship. Outlet owned powerful NBC affiliates in Providence (mentioned just above) and also Columbus, Ohio.

After a year, Outlet sold all three stations to NBC but that only lasted a decade. Repeat after me: It’s the money, and not what’s best for the viewer or community. In 2006, NBC sold all three stations plus its station in Birmingham to Media General. (Yes, that was NBC selling stations, the opposite of what this post is about!) The Media General time also lasted just a decade. NBC decided to affiliate with the more powerful WRAL, and WNCN soon became a CBS affiliate owned by Nexstar, after that company bought Media General.

Around the same time, NBC planned to sell its Miami station, WTVJ – weaker on Channel 6 after the dial swap – to Post-Newsweek, then the owner of ABC affiliate WPLG. That never panned out, despite both stations saying it would.

WPLG said it was going to happen:

WTVJ said it was going to happen:

Remember the rule about a company owning two of the four most powerful stations in a city.

And Fox played hardball to get a station in Charlotte, home of the NFL’s Panthers which started playing in 1995. One-time ABC affiliate WCCB-Channel 18 was one of Fox’s strongest affiliates and it had (and still has) its own news department.

Despite that, in 2013, Fox announced it was going to buy CW affiliate WJZY-Channel 46. The switch happened less than six months later. WCCB turned to the CW after 27 years with Fox. It’s now one of just three CW affiliates in the eastern time zone with its own newscasts, the others being New York and Indianapolis’ former CBS affiliate.

On the other hand, Fox’s WJZY carried 10pm newscasts from competing stations until starting its own newscasts in mid-December. The station tried experimenting but things didn’t go well, its news was ranked fifth in the time period and there was staff turnover from the top, down. Eventually, it became more traditional and a friend from Philadelphia became its news director.

So networks can create stations out of practically nothing, as we just saw Fox do.

Consider Los Angeles. The CW in there is KTLA, which is owned by Tribune and would be owned by Sinclair. There’s no reason Warner Bros. and CBS would keep the CW affiliation there when CBS has an independent station, KCAL, that could use it.

the CW

In Miami, if Fox buys WSFL, the CW affiliate now owned by Tribune could become a Fox affiliate if the network decides to drop WSVN. Then, WSFL’s CW affiliation would likely NOT go to WSVN but to WBFS, which is owned by CBS and a My Network TV affiliate, for what that’s worth. (Not much.) And that syndication service is owned by Fox!

MyNetworkTV

Would WSVN, dropped by Fox, become an affiliate of My Network TV, which is owned by Fox? Highly unlikely, I think. My Network TV doesn’t do well, Ansin would be angry, and even though he went back to NBC in Boston, My Network TV isn’t NBC.

Keep in mind, there are also examples where networks own stations but don’t put their own programs on those stations, because affiliating with competing stations makes more sense.

CBS owns Channel 44 in Tampa, but affiliates with Tegna’s Channel 10. It owns Channel 69 in Atlanta but affiliates with Meredith’s Channel 46. It owns Channel 11 in Seattle but affiliates with Cox’s Channel 7 (but it did air CBS on 11 for a few years.) It used to own Channel 34 near West Palm Beach but affiliates with Sinclair’s Channel 12.

Even in 1958, when CBS owned Channel 18 in Hartford, Conn., some viewers could watch CBS better on Boston and Providence stations, so it affiliated with Channel 3 (then WTIC-TV; now WFSB, where I went after leaving WSVN) and sold its Channel 18.

You get the picture. So who brings more to the table? WSVN can use CNN for news and not depend on Fox. Anything can happen, but you know what my money is on.

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Something on my drive home from New York, Tuesday night, told me to write this post.

Sinclair, Tribune TV stations combined: Why it’s not a done deal yet

Let’s start by updating my latest post on television. Last Thursday, in discussing Fox Sports paying a fortune for Thursday Night Football, I brought up Sinclair Broadcast Group – the largest TV owner in America – trying to buy Tribune Broadcasting, another biggie.

Sinclair had given hints on what it would divest in order to get approval from the Federal Communications Commission (public airwaves) and Justice Department (antitrust) ownership limits. You’ll find that here.

Also, I mentioned the FCC’s internal watchdog is looking at whether its chairman, Ajit Pai, pushed too hard for the blockbuster $3.9 billion deal by having his agency let television broadcasters own a lot more stations than they were allowed. That happened mere weeks before the deal was announced.

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

Those against the deal question the timing of the rule changes, and also Pai’s meetings with Sinclair representatives.

Bloomberg reported an FCC spokesman called the accusation against Pai “absurd.”

It used to be a company’s stations couldn’t reach more than 39 percent of the country but the change is, the FCC restored the old rule that lets companies “discount” the reach of their UHF stations in the formula, because those stations were weaker, pre-cable and satellite.

Sinclair’s stations reached 38 percent of the country before the Tribune deal – just short of 39 percent — but with the UHF stations, the combined company would legally reach 72 percent!

Tribune has 42 stations, and Sinclair either owns or operates 193. That’s noteworthy because some stations will still have to be spun off to comply with even the relaxed rules.

So who plans to buy the stations Sinclair would divest if the deal goes through?

Fox TV stations21st Century Fox, since Disney/ABC plans to buy most of its assets, leaving the so-called “New Fox” with just the Fox network; 28 TV stations in 17 markets, covering more than 37 percent of homes, but the Fox Television Stations Group’s website STILL doesn’t list them, as I’ve written time and time again; the Fox News Channel; the Fox Business Network; and a whole lot of cash in exchange for everything else including its studio.

Besides, Sinclair owns more Fox affiliates than anyone else, giving it power, and owns more Fox affiliates than stations of any other network. In fact, Variety reports that after the deal, Sinclair will have more Fox affiliates than even 21st Century Fox itself owns!

And Sinclair is proposing it be allowed to keep multiple stations in Harrisburg, Indianapolis, and Greensboro, N.C. — even though FCC rules say a company can’t own two of the top four stations in a local market. Three people familiar with the negotiations have said the two sides are expected to come to an agreement eventually.

map Harrisburg Indy Greensboro

The question is: Will the merger bolster local news coverage and be a stronger competitor to internet giants like Facebook and Google — or harm competition?

Broadcasting & Cable magazine quotes Business in the Public Interest chairman and CEO Adonis Hoffman, a former top FCC staffer, as saying,

“When any number of companies outside the broadcast sector can reach the entire country with the same programming, the national cap becomes a fiction that limits, and applies only to, broadcasters.”

I say those other companies — cable, satellite and the internet — don’t use our public airwaves and broadcasters do, so the rules should be different.

NFL Logo

Last Thursday, I also wrote about Fox trying to buy stations in cities with NFL teams. I don’t exactly care for the emphasis Fox has put on that, since teams have been moving. But it already has a wide majority of the NFC, which it mostly carries Sunday afternoons, and the AFC becomes even more important since Fox will be carrying Thursday Night Football.

sinclair before tribune
Sinclair’s reach without Tribune

So the plan is for Tribune’s WPIX-New York (CW) and WGN Chicago (independent) to be sold, but still operated by Sinclair, which wants its stations to be seen all over the country and is how it has operated around the rules for years.

Really gone will be Tribune’s Fox affiliate KSWB-San Diego.

map seattle sacramento san diego salt lake city denver clevelend miami

Expected to be gone are Tribune’s Fox affiliates in Seattle (KCPQ), Denver (KDVR, which Fox once owned), Salt Lake City (KSTU, which Fox once owned), Sacramento (KTXL) and Cleveland (WJW, which Fox once owned). Let this show Fox owned but sold three of those five stations, which shows a lack of commitment to those communities.

Plus, there’s Tribune’s CW Miami-Fort Lauderdale affiliate (WSFL-Channel 39).

Imagine the Fox network buying Miami’s WSFL. I’m sure Fox affiliate WSVN’s owner Ed Ansin would have something to say about that. He has more experience than anyone in that situation because NBC did it to him twice: in Miami in 1989 and Boston in 2017.

Tomorrow, I’ll have details from history on why he should be worried, even though the status quo since 1989 has been good for both him and Fox.

Here is a hint: I used the phrase “a lack of commitment to those communities” a few paragraphs ago.

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And one more thing about the FCC’s chairman, Ajit Pai. Last Friday, he won the National Rifle Association’s “Charlton Heston Courage Under Fire Award” at the Conservative Political Action Conference for successfully pushing to repeal his agency’s net neutrality rules that are popular with the public.

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https://www.instagram.com/p/BeGTtHtHeft/?taken-by=nationalrifleassociation

Just today, The Washington Post reported, “Surveys last year showed that more than 80 percent of Americans, and 75 percent of Republicans, preferred keeping the FCC rules on the books rather than repealing them.”

The Hill reported, “Pai’s award is a handmade Kentucky long gun, which will be housed in the NRA’s museum in Fairfax, Va.”

Those net neutrality rules made internet companies common carriers like your phone or electric company, equal to all. But according to the American Civil Liberties Union, “What you can see on the internet, along with the quality of your connection, are at risk of falling victim to the profit-seeking whims of powerful telecommunications giants.”

ACLU logo

The Post reports, “There are still “opportunities to challenge the FCC in court and in Congress,” and this afternoon, Ars Technica announced, “The Washington state legislature has approved a net neutrality law that applies to all wired and wireless Internet providers in the state and prohibits blocking, throttling, and paid prioritization.”

If worst comes to worst, the fight to keep net neutrality could become a state by state issue — harder than convincing the FCC, but already being discussed in “more than half of US states.”

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Got cable, satellite? You’ll foot the bill for Fox’s Thursday Night Football

Super_Bowl_LII_logo
Wikipedia

How many of you watched the Super Bowl this year? Of course, in Philadelphia, that’s a loaded question with the underdog Eagles in the game and beating the seemingly perennial winners, the New England Patriots.

Same thing in New England. Their team was in the Super Bowl and they don’t get sick of Tom Brady nor Bill Belichick. They watch.

But what about the rest of America? Apparently two thirds of Americans did not watch. And this was the Super Bowl!

Thursday Night Football logo

Imagine how that would translate to Thursday night National Football League games, known for having bad matchups and also being available on the NFL Network and streaming, besides being broadcast on a local TV station.

Fox Sports

But three weeks ago, Fox decided to pay a fortune — $3.3 billion for the rights for five years, and expanded digital highlight rights — and the money it’ll cost is going to trickle down to you and me.

Thanksgiving

Let’s talk schedules, the reason and then the money.

Starting this fall, Fox will broadcast 11 games each season from week 4 to week 15. That won’t include Thanksgiving night when you’re eating with your family shopping or resting up to work at midnight on Black Friday.

ESPN reports when Thursday Night Football went to the networks in 2014, CBS paid the NFL just $37.5 million per game for only eight games. Same story the next year, in the 2015 season.

Then, for the past two seasons, NBC joined CBS. They each broadcast five games for a total of ten, at a cost of $45 million each.

Now, ESPN sources say Fox will pay an average of more than $660 million a year. Divide that by 11 and that makes $60 million per game – a big increase over the past four seasons and 33 percent more than the latest. Amazing number!

money x 33

Is that price increase worth it? It depends who the buyer is.

In 1994, Fox arguably overpaid for Sunday afternoon NFC-away games in order to get better TV stations to secure it as a reputable fourth network.

money x 5

(Not many remember Fox trying to take Monday Night Football from founder ABC back in early 1987, even before it started programming. That didn’t work and it took until 1994 for Fox to get an NFL package. Oh, and five times as much money as CBS would bid!)

Monday Night Football ABC

These days, Fox doesn’t have much of a regular Thursday night lineup. The NFL would draw viewers.

Are NBC and CBS upset about losing the rights? No, according to CBS CEO Les Moonves. He says he’s not worried because CBS has The Big Bang Theory and Young Sheldon instead. Also, Sunday games are much better than Thursdays because they’re exclusive. Thursday night games can be seen on The NFL Network and also streaming.

A CBS Sports spokesperson was more specific:

“We look forward to continuing our terrific long-term partnership with the NFL on Sunday afternoons with more than 100 games per season (Lenny: many in markets where the home teams are playing) including next year’s Super Bowl LIII.”

Speaking of streaming, the price to do so recently increased fivefold, according to ESPN.

Amazon Prime logo

“Amazon paid $50 million this past season to stream the games on Amazon Prime, up from the $10 million Twitter paid in 2016,” it reports. “Rights for the upcoming season have not yet been sold.”

money x 5

So you can say it’s “1st and goal” when it comes to the NFL and Thursday night streaming rights.

Miami Dolphins twitter

Now, look back to 1972 and the Miami Dolphins’ perfect season. At the time, the NFL regular season only had 14 games over 14 weeks. Monday Night Football was only in its third season. Otherwise, football fans were left to Sunday afternoons.

These days, the season has 16 games over 17 weeks. Economically, more games should lessen demand.

On top of that, Thursday nights mark a regular third night of football (before Sunday and Monday), along with early and late Sunday afternoon games.

Plus, ESPN reports players don’t care for Thursday Night Football. Games on so many days cuts down on their time to rest up, recover and stay healthy. And as a side note, just last month, I wrote about how hits and concussions have literally killed former NFL players, years later.

ESPN logo

The last NFL schedule expansion was in 1987 when ESPN started carrying some Sunday night games. It was the first time the NFL aired games on cable and they only took place in the second half of the regular season. Two years later, the NFL added games on TNT in the season’s first half. TNT aired those games until 1997, when ESPN took the whole season. Like today, games in each competing team’s home market also aired on a regular TV station, so the games were not cable-exclusive but close. But the arrangement ended after the 2005 season.

nbc sports cbs sports

That’s because NBC had no football for seven seasons and was desperate to get it back. It had lost AFC team away games to CBS, which itself had been outbid by Fox for NFC team away games.

Fox TV stations

Part of Fox’s reason to spend so much in 1994 was to take TV stations in big-markets with (mostly) NFC teams and make them affiliates of the new network that would air the games. Fox eventually bought those stations (but STILL doesn’t tell you what it owns on the Fox Television Group website) and sold about half.

ABC Sports
Not “Reaching New Heights” as Wang Chung might sing — but this brand is history and the ESPN name is in.

Back to the story. In 2006, Sunday Night Football moved to broadcast TV, on NBC, and Monday Night Football went the reverse.

Cable network ESPN took rights from sister-broadcast network ABC, which came up with the idea in 1970.

That didn’t mean a new night of football but Sunday night games became especially popular since they air on the most-watched night of TV, they follow other games on CBS and/or Fox but most importantly, the NFL considers Sunday Night Football its featured game of the week.

Sunday Night Football NBC

NBC was given flexible-scheduling for most of the second half of the season, meaning it can “steal” regular Sunday games from CBS or Fox that are better than what was on its original schedule, and the whole country can watch.

cbs fox

When that happens, NBC will tell the league at least 12 days (two Tuesdays) before, and move that CBS or Fox game to NBC. However, CBS and Fox can “protect” five Sunday afternoon games over six weeks, weeks 11-16. Also, the league can move games between 1pm to the more-watched 4pm ET slot.

For the last week of the season, games are decided just six days earlier, so match-ups with major playoff implications could air in as many cities as possible.

football

Now that you understand that, Thursday night games were actually added back in 2006 and air on The NFL Network, so the NFL could push cable and satellite companies to carry the network very few people were able to watch (and thus charge the subscribers more, which is the crux of this post).

But that’s history. It was really an eight-game package: five Thursday nights and three Saturday nights. More Thursday games were added in 2012.

It wasn’t until 2014 that Thursday Night Football got real recognition. The NFL decided to let a network produce the game – which would air on The NFL Network — but let the producing network simulcast some of the games. That’s what CBS did in 2014 and 2015, and NBC joined to split the Thursday package in 2016 and 2017. The contracts for the rights were short.

Until now.

Fox network

That’s when Fox decided to pay a fortune – much more money – for a longer period of time, over five years.ABC

There are several reasons, which may or may not turn out to be right.

21st Century Fox plans to sell off most of its assets to Disney/ABC, although Philadelphia-based Comcast/NBC had really “offered substantially more” – maybe $10 billion – according to Philly.com.Rupert Murdoch wikimedia commons

 

But it said last Monday, The Wall Street Journal reported Fox boss Rupert Murdoch “was concerned that a Comcast deal would be opposed by U.S. regulators and instead opted for the lower Disney offer.”

Besides a lower price, that would pretty much leave the so-called New Fox with its network, the TV stations it actually owns, and cable’s Fox News Channel and Fox Business Network. That’s it.

Add the Thursday rights fee of $3.3 billion to the cost of producing all the games, estimated to be even more than that, and you wonder how Fox will pay for it all.

That’s where you and I come in.old tv sets

For years, if a TV station wanted to appear on a cable or satellite company’s lineup, then the cable or satellite company would have to pay the TV station. Otherwise, the TV station could take away the right to carry it, the station would not air on the cable or satellite company’s lineup, the viewers wouldn’t be able to watch it, both sides would blame each other, and finally there would be a secret agreement and our prices would go up.

tv airwaves

That happens all the time.

But the TV station doesn’t get to keep all that money the cable or satellite companies pay it. The networks figure they’re the reason the TV stations are worth so much to the cable and satellite companies, and demand their share in retransmission fees.

comcast new 595x227

In December, I wrote about Comcast starting to charge more just days before Christmas. Comcast is in a unique position. It’s a cable company, it owns the NBC broadcast network, the TV stations owned by the network and various cable channels.

Also, it used to be that a network would pay its affiliates in every city to carry its commercials (which kept them in business), and the programming that surrounds them (that attracts more people to the commercials and therefore more money). That has been completely reversed and it’s called – of all things – reverse comp, meaning compensation. The stations now pay the networks.

networks

And when a network decides to pay for a special event, it asks its affiliates to help out.

That’s what Michael Nathanson, at MoffettNathanson, predicts Fox will do, according to TVNewsCheck editor Harry Jessell: demand extra bucks from its affiliates.

NFL Logo

Peter Rice, president of 21st Century Fox, said, “NFL football continues to be the most valuable commodity in all of media.”

Yes, ratings may be lower – down 9.7 percent this season after an 8 percent drop in 2016, according to ESPN – football may be available at more times, over more weeks and not even exclusive anymore, but there’s nothing else that brings America together like NFL football these days. That’s worth a trifecta: viewers, attention and money.

squeeze money

So Jessel reports Nathanson’s thinking is Fox will demand more money from stations in cities with NFC football teams because they air on the local Fox affiliates most Sundays.

He also says it can happen to stations in AFC markets because Thursday night games have teams from all over competing, not mostly the NFC but nearly equally the AFC.

That means Fox stations can expect a call from the network demanding more money for providing better programming – especially in cities with NFL teams – and that may not be so bad, considering what Fox airs on Thursday nights these days? (Do you know?)

Sports Illustrated reported Thursday Night Football is the No. 2-rated show in primetime.

And where will these stations get that extra money? Sure, selling ads for higher prices, but also demanding to charge your cable or satellite company more when its contract is up — Fox will insist they do — and that will raise your bill.

girl watching tv

It has been estimated cable and satellite companies pay ESPN about $6 per month per subscriber. Think about what your cable or satellite bill is. Do you watch ESPN? Would you be willing to go without it and save $6 every month? If your answer is yes, then do you have a choice?

Jessell calls ESPN “a network that forces people who have no interest in sports to heavily subsidize it.”

It’s the same story here, but on a much lower, local level. We may be talking about a quarter – 25 cents – every month for the local station if Fox gets Thursday Night Football. Check out your bill and see what you’re paying for local stations (as a whole) every month. And while you’re at it, see what it costs to get your regional sports networks.

And besides calling on stations, New Fox — much smaller after selling what it plans to sell — needs to make money somehow.

It has two possibilities and is reportedly looking into both.

First is to air as many live events as possible. Scripted sitcoms and dramas are expensive. Live programming, especially sports that’s also expensive, is supposed to draw viewers.

Second is to buy more stations. A TV station used to be a license to print money. That’s not the case anymore, with so much competition and paying networks instead of getting paid by them, but life isn’t so bad.

sinclair broadcast group

Sinclair Broadcast Group – the largest TV owner in America – has been waiting to buy Tribune Broadcasting, which is also one of the top TV station owners in the country.

sinclair before tribune
Sinclair without Tribune, from http://sbgi.net/tv-stations/

If the $3.9 billion deal goes through, Sinclair will have to sell off some stations because the Federal Communications Commission (public airwaves) and Justice Department (antitrust) ownership limits. Also, Sinclair and Tribune already own stations in some markets and compete, so the combined company would own multiple stations in one city.

Tribune Broadcasting Company

Fox wants to buy some of those stations, Sinclair will be forced to sell, and New Fox will have the money from selling so much to Disney/ABC.

LATE-BREAKING NEWS: Variety is reporting Sinclair plans to sell off Tribune’s New York WPIX-TV (CW) and Chicago’s WGN-TV (independent) if the merger is approved, despite wanting to continue filling the map of the U.S. (above). The company filed that with the FCC yesterday. That would leave out two of the three largest broadcast markets in the country based on population. (New York is #1, with 6.4 percent of the nation’s households; Los Angeles is #2; and Chicago is #3 with 3 percent.) Also reported to be spun off instead of taking part in the merger is San Diego’s KSWB (Fox affiliate).

However, there is concern that in the filing, Sinclair said it has buyers for New York and Chicago, and it intends to run the stations through an “options and services agreement” with those buyers. Media watchdog groups have long criticized Sinclair for using shared-services agreements to control stations without owning them, which they see as a loophole around the FCC’s ownership rules.

Sinclair did admit there are eight cities — including Seattle, St. Louis, Salt Lake City and Oklahoma City — where it needs to sell a station to comply with FCC rules on the number of stations a single owner can have in a given market. But again, Sinclair said it has buyers for Seattle, Oklahoma City, and Greensboro, N.C., so it can continue operating those stations after a sale.

On the other hand, Sinclair also made a case it should be able to own more than one of the top four stations in Harrisburg, Indianapolis and Greensboro, N.C.

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

If all that sounds complicated, you should also know last April, FCC Chair Ajit Pai — appointed by President Trump — pushed his agency to loosen rules letting TV station owners “greatly increase the number of stations they own,” according to The New York Times. Then, a few weeks later, Sinclair announced its deal to buy Tribune. Coincidence? The new rules made the deal possible.

Last week, The Times learned from New Jersey Rep. Frank Pallone and two congressional aides, “The top internal watchdog for the F.C.C. opened an investigation into whether Mr. Pai and his aides had improperly pushed for the rule changes and whether they had timed them to benefit Sinclair.”

People strongly opposed to the mega-deal argue it would reduce the number of voices in media and diminish coverage of local news.

Seattle Seahawks

So Fox wants to buy more stations and number one is KCPQ, its Seattle affiliate in the home of the NFC’s Seahawks, and where Sinclair already owns a competing station.

Other NFL cities where Fox doesn’t already own a station are the next biggest possibilities. Keep in mind, we don’t how how the late news of Sinclair’s FCC filing and the FCC’s inspector general’s investigation could change or stop things.

I never understood why Fox has insisted on buying station in NFL (especially NFC) cities. Back in 1994, it made sense. It made a network. But consider this: NFL teams play 16 games per year, unless they make the playoffs.

NFL playoffs

Preseason doesn’t count. Those rights are usually bought locally. Not all of the NFC games air on Fox. Not when an AFC team comes to town. Not when the game is on Sunday or Monday nights, or Thursday night until now.

And a competing station can be the local team’s “official station” even if its network doesn’t carry the games. That means special promotions with the team, greater access and maybe a show with the coach. Not too bad.

memory

So will all this work out for Fox? What about your cable or satellite bill? You just read about a lot of variables, and when the Thursday night contract ends and the number crunchers have their say through the 2022 season, the NFL’s other TV rights will be up for grabs. This could greatly determine the price of them then. And don’t forget all the other sports out there, out for rights money!

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Famous man, 80, suing famous man, 77, for age discrimination

What’s famous to you obviously relies on where you’ve been and what you’ve noticed, but these people have had national exposure for at least part of their long working lives.

It took longer than a New York minute, but Howard Stern would be happy to hear Warner Wolf is suing Don Imus — and it has to do with a radio program that’s about to go off the air (due to age?).

Wolf, 80, is best known as the WCBS-TV sportscaster who popularized the phrase “Let’s go to the videotape!”

Shock jock Imus, 77, may be most popular for being Stern’s arch-enemy.

Wolf claims he was fired from Imus’ radio show — which is ending, anyway — due to age discrimination.

The Associated Press reported Wolf’s suit, filed Thursday, claimed “Imus once said it was time to put Wolf ‘out to pasture’ and ‘shoot him with an elephant dart gun.’”

WABC-AMWolf is also suing three executives with WABC-770 AM and its parent company Cumulus Media for not paying Wolf his $97,500 severance. The suit called that “adding insult to injury.” Neither Imus nor a spokeswoman for Cumulus commented.

The actual firing happened in 2016.

The New York Daily News reports the Imus-Wolf trouble really started a few months before the 2016 firing when Wolf moved to Naples, Fla., and contributed to the show from there.

According to The Daily News, “You asked me if I was ok with you doing sports from Florida. I said I was. We tried it. It sucks,” Imus emailed shortly before Wolf’s final appearance on Nov. 4. “If you’re in the studio in New York … it’s terrific. Anything else is not.”

Keep in mind, Imus himself left the Big Apple a year earlier, in 2015, to live on a Texas ranch! The rest of the crew works in New York.

imus in the morning Pinterest

This is the background: Imus worked for several New York stations — “up and down the dial,” as WKRP in Cincinnati’s theme song lyrics go — and also in different cities. He was fired from WNBC-660 AM in 1977 but rehired in 1979, where Stern was his co-worker for a few years. Imus stayed as the station became WFAN-660 AM and lasted all the way until 2007. In the 1990s, the show became nationally syndicated and also began simulcasting on MSNBC.

(The three major networks’ radio stations have been sold off: The NBC radio stations under new owner General Electric in the late 1980s, although Westwood One — owner of Mutual Broadcasting System — bought the NBC Radio Network name. Then, Westwood One entered into an operations agreement with Infinity Broadcasting, which CBS parent Westinghouse bought, so all the stations became combined and CBS Radio people produced “Mutual” and “NBC”-branded newscasts! NBC News Radio broadcasts returned and they’ve been produced by iHeartMedia since last year. By the way, ABC sold off its division to Citadel Broadcasting — now part of Cumulus Media — in 2007, and CBS Radio was just sold to Entercom this past November, 2017.)

Oct. 7, 1988: WNBC-TV reporting live at the end of WNBC-660 AM after 66 years. Roger Grimsby worked for WNBC-TV at the time. The TV station had to dump out of his recorded piece to catch the last seconds before the switchover. Weatherman Al Roker interviews Imus at a rainy Shea Stadium since WFAN was and is all-sports. It was a different and much better world when stations and on-air talent were allowed to have distinct personalities. Now, everything looks the same — city to city — but I’ve gone off on corporate ownership here, here, here and here (starting with the most recent).

dcrtvcoms warner wolf tribute
http://www.dcrtv.com/plus/wolf.html

Wolf became famous doing local sports at his hometown Washington, DC’s WTOP-TV.

kane wolf chee chee williams christian
(L-R) My friend and former KYW-TV co-worker Larry Kane, Warner Wolf, Chee Chee Williams, Spencer Christian before Good Morning America (WABC-TV, 1978)

In the 1970s, he went national on ABC-TV’s Monday Night Baseball and the Olympics but returned to his local sportscasting roots, on WABC-TV in New York.

warner baseball localThen, he switched to competitor WCBS-TV and returned to WUSA-TV in Washington (the former WTOP) until his 1995 firing.WFAN

That’s when he became acquainted with Imus, subbing as sports anchor on the Imus in the Morning show on WFAN and simulcast on MSNBC.

Wolf returned to WCBS-TV in 1997. You may have seen him almost lose one of his dentures in 1998 when it popped out on camera. I was producing the 11pm news at Connecticut’s CBS affiliate WFSB during that time and chose not to embarrass Wolf by showing it. Besides, our viewers in Fairfield and New Haven counties had access to WCBS-TV, so his station was also our competition. Little did I realize, The Daily News reported, “A few days later, he brought a pair of clicking teeth onto the air with him to poke fun at the incident.”

He stayed there until his 2004 firing, when he was replaced by the younger Chris Wragge, who since then has moved over to news.

wabc am 2The outcry over Wolf’s firing got him hired by WABC-AM, where he worked on a show with Guardian Angel Curtis Sliwa, and defense and civil rights lawyer Ron Kuby.

In the meantime, WFAN fired the controversial, irreverent, insulting Imus in 2007. Imus had made racist and sexist comments about the Rutgers University women’s basketball team (“nappy-headed hoes” and more). Got all that?

wabc am 1Months later, Imus was hired by WABC-AM — reunited at the same station as Wolf — and after about two weeks, Wolf became his sportscaster again!

In late 2009, the show started being simulcast on the Fox Business Network. That lasted until 2015 when Imus moved to Texas. The next year, Wolf moved to Florida and that supposedly led to his firing.

imus extra w wolf 2015 youtube
Imus Extra with Warner Wolf, 2015 (YouTube)

Wolf was replaced with another colorful sportscaster, Sid Rosenberg, who is only in his early 50s. The Miami Herald’s Greg Cote referred to Rosenberg with the phrase “drugs, alcohol and gambling leading to a history of erratic behavior, suspensions and firings.”

twitter sidrosenberg
twitter.com/sidrosenberg

Whatever you say about Rosenberg, he has been back and forth between New York and Florida.WNEW-FM

Rosenberg worked in West Palm Beach and in 2000, returned to New York at WNEW-FM 102.7, which has since changed formats.

After that, he worked mornings at WFAN on Imus — ironically with Wolf — but there was trouble on the set in the studio. After a few months, Rosenberg added duties as co-host of the midday show.

He was controversial on Imus — with remarks about the Williams sisters, tennis players and the U.S. women’s national soccer team — but fired after making crude remarks about Australian singer Kylie Minogue’s breast cancer diagnosis.

WAXY-AMRosenberg found himself back in Florida — at Miami radio station WAXY-790 AM The Ticket for four years — but still, he called in to WFAN and even served as a substitute sportscaster! It was Rosenberg who reported on Rutgers in 2007, which led to Imus and his producer’s remarks, and their firings.

WQAMIn 2009, Rosenberg jumped to competitor WQAM-560 AM (replacing Neil Rogers middays and Jim Mandich on the Miami Dolphins post-game show), but was fired in 2012 after a DUI arrest in Hollywood.

sid rosenberg Broward County Jail
Courtesy Broward County Jail

The Broward-Palm Beach New Times reported,

“According to police, Rosenberg — the WQAM-AM (560) host whose license hath been suspended thrice — was really, really drunk when he said he was on his way home from Tootsie’s Cabaret, the Miami Gardens full-nudity strip club. … Two Hollywood police officers found Rosenberg sitting in the driver’s seat of his 2011 GMC Yukon — the driver’s side door was open, and the engine was running. Oh, and he was parked in the middle of 63rd Avenue. They called a third officer, Jon Cooke, who ended up writing the police report.”

Then scroll through and read details from the Booking Report.

Booking report from Broward-Palm Beach New Times reporter Rich Abdill via Broward Sheriff’s Office

“When I arrived, I discovered the arrestee laying on the ground behind his vehicle. He was in the fetal position, with his fingers in his mouth. He appeared to be attempting to induce himself to vomit. I noticed vomit on his clothes, as well as inside and next to the driver door of his vehicle. I noticed a strong odor of an alcoholic beverage emanating from his breath and person. His speech was extremely slurred and he was crying. His face was flushed and his eyes were bloodshot.”

He was also charged with driving with a suspended license. It was his first offense on each count.

WMEN-AMThat’s when he ended up at Palm Beach sports radio station WMEN-640 AM.

Rosenberg stayed until becoming co-host of The Bernie and Sid Show on — you guessed it — WABC-AM! That was in January, 2016. In November, he replaced the fired Wolf on Imus.

bernie sid wabc

But last month, Imus announced the show would air its final episode on March 29.

What a crazy business! It has to be, with such crazy people.

 

imus in the morning poster Pinterest

don imus time magazine

autobiographies