News starting out good but going downhill fast

It’s a happy moment at CohenConnect.com.

(Online definition of moment: “a very brief period of time.” The italics are mine.)

up arrowSeptember’s blog numbers were high with more than a thousand views, despite the fact I only published four posts. (I know. I have to do better on that. And I can’t complain about the time, but each takes many hours to get – hopefully – just right!)

And near the end of the month, the blog got recognition and links on three more popular ones! Thanks to Congregation Rodeph Shalom in Philadelphia (Sept. 25); FTVLive.com’s Scott Jones (Sept. 27); and Laura Nachman (also Sept. 27).

Growing means there are stories some newer readers haven’t seen yet, and I just happen to have some follow-ups for those of you who are longtime readers.

‘A’ for Amazon from minimum wage workers

Amazon has been under fire for a lot of things, from low wages to working conditions, but the former is about to change.

This morning, the company announced it’ll pay all of its U.S. employees a minimum of $15 an hour. That includes full-time, part-time, temporary and seasonal employees. (And like all subsidiaries, Whole Foods workers.) That’s also more than double the federal minimum wage of $7.25.

Amazon claims the median salary for a full-time employee in the U.S. is $34,123, and not the $28,446 figure Sen. Bernie Sanders (I-VT) claimed when he proposed a bill that

“would impose a 100 percent tax on government benefits received by workers at companies with 500 or more employees. For example, if an Amazon employee receives $300 in food stamps, Amazon would be taxed $300.”

Amazon stressed the lower number reflects its employees’ pay worldwide, not just here.

bernie sanders jeff bezos
Sen. Bernie Sanders (I-VT), Amazon’s founder and CEO Jeff Bezos

NPR reports Amazon has more than 250,000 employees, and expects to hire 100,000 more for the coming holiday season.

Amazon’s founder and CEO Jeff Bezos said,

“We listened to our critics, thought hard about what we wanted to do, and decided we want to lead.”

Click here for details on pay and benefits from Amazon.

That’s a win for Amazon’s lowest-paid workers, but there’s a loss for Warner Wolf (not that he works at Amazon).

“Let’s go to the verdict!”

I’ve said many times I don’t want to live in Florida and that was even when I lived there. I think the Sunshine State has nothing to offer except a short time to thaw out at the beach in the winter. Oh, and low taxes and some family.

And now, legendary New York sportscaster Warner Wolf lost his age discrimination lawsuit against Don Imus precisely he lives down there! I first brought you this story back on Feb. 18.

Wolf is best known as the sportscaster who popularized the phrase “Let’s go to the videotape!”

He claimed he was fired from shock jock Don Imus’ radio show — which went off the air earlier this year — due to age discrimination.

According to yesterday’s New York Daily News,

“In a ruling released last week, Manhattan Supreme Court Justice James d’Auguste wrote that the 80-year-old Wolf’s residence in the premier state for retirees means the suit fails on jurisdictional grounds.

“‘Due to the fact that Wolf is a Florida resident that worked in Florida, he lacks any viable claims…since the impact of any alleged discriminatory conduct would have been in Florida,’ d’Auguste wrote.”

The judge also noted Imus lives in Texas and at 78, he’s in the same age category.

The Associated Press had reported Wolf’s suit claimed

“Imus once said it was time to put Wolf ‘out to pasture’ and ‘shoot him with an elephant dart gun.’”

Wolf’s firing happened in 2016, months after he moved to Naples, Fla., and contributed to the show from there.

“We tried it. It sucks,” Imus emailed shortly before Wolf’s final appearance. “If you’re in the studio in New York … it’s terrific. Anything else is not.”

But Imus himself left the Big Apple a year earlier, in 2015, to live on a ranch in the Lone Star State! The rest of the crew worked out of New York.

That included controversial sportscaster Sid Rosenberg for the show’s last year and a half.

As planned before the suit, the sun set on “Imus in the Morning” on March 29.

Wolf’s lawyer says they’ll appeal.

From radio and TV, to your computer and smartphone.

Sunday was a big day and not just for football fans. This involves every single one of you who uses the Internet.

black laptop computer keyboardLast December, the Federal Communications Commission under President Trump’s appointed chairman Ajit Pai repealed many net neutrality rules passed in 2015 during the Obama administration. Those rules prohibited internet service providers (ISPs) from slowing down or blocking content, or charging for access to certain sites. Consider it Internet freedom and equal access. You pay for a month and should be able to use it as you like.

In January, 22 state attorneys general sued, claiming the FCC’s decision was “arbitrary,” “capricious” and “an abuse of discretion.”

ajit pai jerry brown
FCC Chairman Ajit Pai (R), California Gov. Jerry Brown (D)

Finally, Sunday, California Gov. Jerry Brown (D) signed a bill to restore Obama-era open-Internet rules in the Golden State. According to Deadline, it “forbids Internet providers from blocking legal websites, intentionally slowing down Internet traffic or demanding fees for faster service.”

apple applications apps cell phone
Photo by Tracy Le Blanc on Pexels.com

But later Sunday, the Justice Department sued to prevent the law from taking effect. It argued broadband communications are interstate commerce and that’s regulated by the federal government, not the states.

The FCC wants to deregulate the industry and its repeal actually, specifically forbids states from passing their own net neutrality rules. Pai, a former Verizon lawyer (think Fios), claims net neutrality stifles investment and burdens ISPs with regulation.

The feds’ net neutrality rules are set to take effect in January for the rest of us.

angry woman
https://pixabay.com/

Unfortunately, this post isn’t ending as happily as it started.

I’ve watched and studied politics for decades, and written about it many times here. But lately, I’ve come to hate the subject. Any wonder why?

TV news anchor Howard Beale (played by Peter Finch) probably had a similar feeling in the 1976 movie Network.

We may even be at the point where he screamed,

“We know things are bad — worse than bad. They’re crazy!”

(Let me know in the comments section below.)

The line

“I’m as mad as hell and I’m not going to take this anymore!”

became so popular, it ranked number 19 on the American Film Institute’s list of the top 100 movie quotations in American cinema, released June 21, 2005, for the organization’s 100th anniversary. Network itself came in number 66 in the movie category. (The number 1 quote was Clark Gable as Rhett Butler saying

“Frankly, my dear, I don’t give a damn”

in Gone with the Wind. The number 1 movie was Citizen Kane.) Movie fans, click here for a complete look at all of the AFI’s lists.

And thanks, Todd, for having me watch this years ago. New readers will come to learn I’m not the best with movies. Last month, I finally watched another 1976 movie classic, shot right across the street.

Rocky became the highest-grossing film of the year (spawning six sequels) and went on to win three Oscars, including Best Picture. As for the AFI, it’s movie number 78, number 2 in sports after Raging Bull (click here for genres) and quote number 80.

(“Yo, Adrian!”)

And the scene there last week, if you follow me on Twitter, or just look at the feed on right side of this page (below on mobile):

Now, what you can do (rather than sticking your head out the window in the rain):

The deadline to register to vote in the Nov. 6 midterm elections – just 35 days away – is a week from today (Oct. 9) in Pennsylvania, two weeks from today (Oct. 16) in New Jersey, next Saturday (Oct. 13) in Delaware, next Friday (Oct. 12) in New York, and next Thursday (Oct. 11) in Florida (and I meant what I said). That should cover most of you. (Click here if it doesn’t.) Make sure you’re registered, learn about your candidates, and take a moment to note Tuesday, Nov. 6, on your calendar right now. (You may even get a sticker!)

Again, please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

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Eric Trump and his shekels

I try not to go more than a week without posting something. Unfortunately, it has been 11 days dues to holidays that won’t be letting up anytime soon, and also my IT support specialist classes. (Last night, I finished Course 2, Week 1, out of 5 courses.)

I just don’t like blogs that give a sentence or two without any thought. They’re a waste of time and I’d be embarrassed to post with my name, so I tend to put them on social media. (You can see my last 20 my Twitter posts from @feedbaylenny right here on this site and visit it to see the whole thing. It’s not private. My last blog post, from 11 days ago, is down to #17 which shows I use it a lot.)

And I hate blogs that haven’t been touched in years. Yes, they exist!

Regular readers and those who know me know I tend to be moderate. In the middle, politically.

I’m putting this post out there because of a discussion on my Facebook page over Eric Trump’s shekels comment and the Washington Post article near the top of it. I expected some support. Any support.

fb eric trump

So let me explain to a wider audience:

The #WalkAway movement (walking away from the Democratic Party) became organized because its founder said so much of the left had gotten

“intolerant, inflexible, illogical, hateful, misguided, ill-informed, un-American.”

See this NBC News article about him. I even wrote about it a month earlier here, days before even learning about the hashtag and movement. Then, this is what I wrote two days later, after finding out about it.

There are a variety of reasons for not supporting the Democratic Party. It’s turning more to the left, engaging with extremist groups on that side, welcoming more anti-Israel activists, and it unfairly helped Hillary Clinton beat Bernie Sanders in the 2016 primaries. (I’m referring to disliking the unfair help and not referring to Sen. Sanders. I think my first and next-to-last reasons explain enough.)

But that doesn’t automatically mean conservatism is the answer. You can be conservative on some issues and not others. Ask yourself whether a man married three times with a mouth like his can be considered conservative in most uses of the term.

Check out who goes to his rallies. Look closer and see the staging: Always at least one black person and don’t forget getting rid of the “plaid shirt guy”, last week – actually a 17-year-old high school senior.

Tyler Linfesty eyebrow raise
Tyler Linfesty changed his Twitter profile picture to show his now-famous eyebrow raise!

It definitely doesn’t make President Trump the cure for the far left, and certainly not members of his family who are only part of this discussion because they were the lucky sperm.

Trump has done some good things, arguably the best president dealing with the Middle East, but he’s not perfect there. (Don’t tell me politics has no part in his actions and comments, as he gains Evangelical and some Jewish support.)

Luckily, he says there should be no question between right and wrong when it comes to terrorists and their supporters, unlike certain Democrats. (See Sarsour, Linda.)

Palestinians 2018-09-11

This week, on 9/11, Palestinian Media Watch exposed

“the political party of Palestinian Authority President Mahmoud Abbas (Fattah) apparently (thinking) the day is the perfect time to mock the US’ current president with tasteless cartoons that dishonor the solemnity of the day and the thousands of lives affected by the brutal attacks.”

Think they’re right? Who can forget Palestinians celebrating 17 years ago when they couldn’t blame Donald Trump?

Trump has made some bad policy decisions (civil rights, labor unions), said some very bad things (Sen. John McCain, daily lies and exaggerations, calling the media the enemy), and been involved in some bad behavior (Michael Cohen, Stormy Daniels). Plus, he needs a turnstile for his administration officials because of his management style and it seems he gets to political professionals so much, that they suddenly can’t keep secrets anymore!

To sum up Donald Trump, he does not take people and make them better.

He has huge personal issues, possibly more than any other president, that have influenced his two older sons over the decades. That, and their wealth and fame, guide them. They may be New Yorkers, and live in close proximity to many of us Jewish people, but they are not us and obviously haven’t been influenced by us.

To be fair, I have to add, a Trump-supporting cousin added to the Facebook exchange above shortly before publishing, saying his father Fred was good to Jews and best friends with a rabbi. To quote, “This family has been surrounded by Jews, who basically run the real estate business in NY.”

My response was basically that he suffered from Alzheimer’s disease since his grandsons weren’t even teenagers, so there couldn’t have been much influence. According to Wikipedia, “(Fred) Trump supported Jewish and Israeli causes and institutions, including donating the land for the Beach Haven Jewish Center in Flatbush, New York. He significantly supported Israel Bonds” and other non-Jewish charities. He knew about being of German ancestry and having Jewish tenants, postwar, and we both know the world and people’s behaviors have changed over all this time. I ended by saying I wouldn’t compare Donald to his father, and the grandsons are even more different. (Fred loaned Donald $1 million but kept his business in Brooklyn and Queens. “It was good for me,” Donald later commented. “You know, being the son of somebody, it could have been competition to me. This way, I got Manhattan all to myself.”) That’s not such an appealing quote to me.

In fact, I doubt the young Trumps would admit to being influenced by anybody but their father and revered grandfather, through stories told about him. Eric Trump using a Jewish term in response to Bob Woodward (not Jewish) making money selling a book makes absolutely no sense, and there’s no connection except that it’s a Jewish stereotype. Conservatives try not to label people but this Trump generation tends to.

So let’s look at Eric Trump.

He and his brother, Donald Jr., like hunting. They sure didn’t get that from us!

According to Yahoo! News,

“On a wild game hunting trip in Zimbabwe in 2011 … the Trump sons reportedly killed a number of exotic animals, including an elephant, crocodile, kudu, civet cat and waterbuck.”

Click here for TMZ’s slideshow of ten pictures, if that’s your thing. (Remember, Eric is blond and Jr. has dark hair.)

Eric is an executive at the Trump Organization and was a boardroom judge on The Apprentice. See any daddy influence with either?

He likes his name on things like the Eric Trump Foundation (AKA The Curetivity Foundation. Why would it need an alternate name?), and the Eric Trump Foundation Surgery & ICU Center in the Kay Research and Care Center on the St. Jude Children’s Research Hospital campus in Memphis. Great charity, but I wonder who the influence was. Maybe his mom? Keep reading and please, don’t name anything after me until I’m dead. Or a little less humble.

According to Wikipedia, The Curetivity Foundation’s 2016 tax return shows contributions almost doubling from $1.8 million in 2015 to $3.2 million in 2016, when his father ran for president. (To the younger Trump’s credit, he announced in December, 2016, he’d stop active fundraising for it to avoid speculation donors were using him to gain access to his father, the soon-to-be president.)

The foundation gave about $3 million to St. Jude and other charities but also paid $145,000 to for-profit properties owned by the Trump family. Peanuts (or shekels) for some, but nobody I know personally. That shows how rare such wealth is.

Even Forbes reported in June, 2017, “He’s done a ton of good” but after counting the money he raised,

“The best part about all this, according to Eric Trump, is the charity’s efficiency: Because he can get his family’s golf course (Trump National Westchester) for free and have most of the other costs donated, virtually all the money contributed will go toward helping kids with cancer. ‘We get to use our assets 100% free of charge,’ Trump tells Forbes.”

However, “That’s not the case,” according to Forbes. “It’s clear that the course wasn’t free.”

The magazine reported,

“The Trump Organization received payments for its use, part of more than $1.2 million that has no documented recipients past the Trump Organization. Golf charity experts say the listed expenses defy any reasonable cost justification for a one-day golf tournament.”

Also, the Donald J. Trump Foundation

“apparently used the Eric Trump Foundation to funnel $100,000 in donations into revenue for the Trump Organization. … More than $500,000 was re-donated to other charities, many of which were connected to Trump family members or interests, including at least four groups that subsequently paid to hold golf tournaments at Trump courses.”

Worse, Forbes said,

“The president was never known for giving his foundation much money, and from 2009 to 2014, he didn’t give it anything at all.”

Why can’t one family have one foundation? Do the Trumps disagree so much on donations? Couldn’t they save on accounting bills?

And the clincher, according to Forbes, is

“All of this seems to defy federal tax rules and state laws that ban self-dealing and misleading donors.” And, “The person who specifically commanded that the for-profit Trump Organization start billing hundreds of thousands of dollars to the nonprofit Eric Trump Foundation, according to two people directly involved, was none other than the current president of the United States, Donald Trump.”

The article has a lot more details, including, 1. Why the price of the tournament suddenly tripled in 2011, from $46,000 to $142,000, according to the foundation’s IRS filings. Also, 2. Golf tournament costs escalating “to $230,000 in 2013, $242,000 in 2014 and finally $322,000 in 2015 … according to IRS filings.” Plus, 3. This quote attributed to the president:

“I don’t care if it’s my son or not–everybody gets billed.”

You didn’t know any of this before? Neither did I, and I would’ve probably remembered. Besides, the story got picked up by ABC News, CNBC and Business Insider.

There must’ve been a lot of other news going on at the time for this to be buried. Did anyone keep the newspaper from Wednesday, June 7, 2017?

Looking at the big picture, the world is a tough place. So is Washington, but Americans need to give the office of the president and the people who holds that title support during his term (no, not on every issue!). Then, we can reevaluate in about two years.

As for Congress, I have personal questions over whether to support the better candidate if he or she is a Republican, as I believe in my newly-drawn district, since all of Pennsylvania was redrawn due to gerrymandering. That would hurt the chance of getting at least one house of Congress out of Republican control, which could lead to more fair discussions and debates. But it’ll never happen in Philadelphia, and that’ll have to wait for another time.

2018-09-14 Hurricane Florence loop NWS

So for now, I hope you’re safe if you’re in the path of Hurricane Florence!

The best picture I saw is one guy’s painting on a wall, “Hey Flo… Kiss my grits!” Notice it uses both the storm’s name and southern location in terms of food.

Waffle House even posted it on Twitter. (Click here if you don’t know the importance of that regional restaurant chain during storms.)

And of course, we can’t forget Flo on the TV show Alice!

And a special thank you to everyone who visits this site and reads, except certain lawyers, but that may be an eye-opening discussion with full names, evidence and legal documents fully exposed. That can’t happen until next month. Luckily, I’ve learned not to dwell on certain things and hopefully it won’t come to that, but it’s not up to me. As they say in legalese, “Plaintiff has exhausted his administrative remedies.”

You’ve added 300 page views in the past 11 days and while the Sept. 3 post was one of my better ones, if I can say so, I know not all the traffic came from there. So please continue looking through and comment below any article. Remember, I can use some support after that Facebook post above! Also check comments on posts that interest you, since I’m always updating there!

Again, please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work.

Labor Day weekend leftovers

I don’t know, but I’m pretty sure you’ve had a busy week, between getting used to having your kids in school or planning what to do on this long holiday weekend.

Sorry for the folks in “sunny Florida” with plans ruined while dealing with Tropical Storm Gordon. (But you’re welcome for this souvenir to help you remember the occasion.)

amx_loop

I’ve been doing a lot of reading, besides taking my Google IT Support Professional Certificate class on Coursera, so I haven’t been able to share them on this blog like I should. I say “should” because they follow-up on issues I’ve raised here and you deserve a resolution to what you read here. Often, I put information on social media (my Twitter feed @feedbaylenny is on this page), or in the comments section of blog posts, but it’s only right to follow through in the format you saw it, and update the original. Unfortunately, most media don’t do so.

There may be a lot but it’ll go by quickly.

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

I’ll start with Federal Communications Commission Chairman Ajit Pai being cleared by his agency’s own inspector general. Reuters reported the Donald Trump appointee was under investigation to determine whether he was unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. Just weeks before the deal was announced, Pai raised suspicion by bringing back a rule – the UHF discount – that would’ve helped the largest U.S. television broadcast group stay within national ownership limits. But the inspector general said in his report there was

“no evidence, nor even the suggestion, of impropriety, unscrupulous behavior, favoritism toward Sinclair, or lack of impartiality related to the proposed Sinclair-Tribune merger.”

Of course, the deal never happened since the FCC eventually questioned Sinclair’s candor over necessary sale of some stations. Tribune backed out and sued Sinclair for $1 billion for alleged breach of contract. According to Reuters, Tribune said Sinclair

 “mishandled efforts to get the transaction approved by taking too long and being too aggressive in its dealings with regulators.”

feature Tribune gavel Sinclair

Now, Sinclair is countersuing.

“In Delaware Court of Chancery, Sinclair rejected Tribune’s allegations and suggested the companies had been very close to winning U.S. Department of Justice approval.”

It accused Tribune of pursuing a

“deliberate effort to exploit and capitalize on an unfavorable and unexpected reaction from the FCC to capture a windfall.” Tribune called Sinclair’s counterclaim “entirely meritless” and “an attempt to distract from its own significant legal exposure.”

Do you have access to the internet? Of course you do, since you’re reading this. (OK, maybe you’re reading a friend’s printout of this post.) Regardless, in December, the FCC under Ajit Pai repealed many net neutrality rules passed in 2015 during the Obama administration. Think of it as price up or speed down. Those internet service providers (ISPs) you love to hate, according to Variety, had been banned from

“blocking or throttling traffic, or from selling ‘fast lanes’ so websites and other types of content can gain speedier access to consumers.”

person on computer typing facebookBut luckily, denying all Americans equal access to a free and open internet got very controversial. Friday, California lawmakers passed a bill what Variety called “the strongest government-mandated protections in the country” and it’s now on Gov. Jerry Brown’s desk. Brown hasn’t said whether he’ll sign it. But the FCC ’s repeal forbids states from passing their own net neutrality rules. If Gov. Brown signs California’s bill, this could go to court. Pai, a former Verizon lawyer (think Fios), claims net neutrality stifled investment and burdened ISPs with regulation. Since June, ISPs have been able to make changes as long as they’re disclosed. So far, Reuters reports major providers have made no changes in internet access.

fcc logoHere’s more controversy from the FCC, and something I hadn’t written about before. This time, the agency is accused of lying to its watchdog, Congress, and it involves a TV comedian. More than a year ago, during the height of the net neutrality debate, the FCC claimed its “comment filing system was subjected to a cyberattack,” according to The Verge. On May 7, 2017, our old friend John Oliver, who I’ve shown on this blog several times, asked Last Week Tonight “viewers to leave pro-net neutrality comments on the commission’s ‘Restoring Internet Freedom’ proceeding.” Oliver encouraged them

“to flood the FCC’s website with the use of memorable links like gofccyourself.com and justtellmeifimrelatedtoanazi.com. That night, the FCC’s filing system crashed.”

LANGUAGE: Viewer discretion advised.

The next morning, senior officials concluded, according to emails uncovered by the inspector general, “some external folks attempted to send high traffic in an attempt to tie-up the server.” Of course, the site was shut down by a surge of valid complaints. Several people disputed the unsubstantiated fabricated traffic claim in emails, but the DDoS theory was passed on to commissioners, like Pai, who told members of Congress (Fake News Alert!) what happened that evening was “classified as a non-traditional DDoS attack.” Now, the agency’s inspector general is reporting

“there was no distributed denial of service (DDoS) attack, and this relaying of false information to Congress prompted a deeper investigation into whether senior officials at the FCC had broken the law.”

Turns out, an Oliver producer gave the FCC a “heads up” days before running the episode but it never responded, and the commission knew Oliver’s show had the power to move enough viewers to crash their system! According to that busy inspector general’s report, “We learned very quickly there was no analysis supporting the conclusion” that it was a DDoS attack. That’s when FCC officials started being investigated for allegedly breaking the law by providing false information to Congress. But the Justice Department decided not to prosecute.

We knew Facebook has been on the hot seat with Americans angry about how it handled 50 million users’ people’s data, as far back as March, but President Trump was more concerned about Amazon. Then, days later, I reported, “‘Vice President Mike Pence is concerned about Facebook and Google,’ according to a source. He argues those companies are dangerously powerful, and is worried about their influence on media coverage, as well as their control of the advertising industry and users’ personal info.” It looks like the Pence position is winning. Trump spent the week tweeting about fake news and according to Axios, attacked Google “for allegedly silencing conservative voices.”

Ars Technica reported that on Wednesday, Trump tweeted this

“video that claimed, incorrectly, that Google did not feature his first speech to Congress as president.”

(Hit the play button.)

It also reported Sen. Orrin Hatch (R-Utah) wrote a formal letter to the Federal Trade Commission, released Thursday, asking it to “reconsider the competitive effects of Google’s conduct in search and digital advertising.” But it wasn’t just Google for Trump.

Politico quoted him as saying,

“I think what Google and what others are doing, if you look at what is going on with Twitter and if you look at what’s going on in Facebook, they better be careful because you can’t do that to people. …I think that Google and Twitter and Facebook, they are really treading on very, very troubled territory and they have to be careful.”

nbc nightly news lester holtAnd as you just read, the president also claimed NBC Nightly News anchor “Lester Holt got caught fudging” his tape on Russia, but the peacock network fought back and posted the video of Trump’s extended, unedited interview with Holt last year.

No wonder he hates the media!

Of course, I won’t completely defend the news media from allegations of dumbing down and doing anything for profit in too many cases. But I’d love to see some of these disagreements fought out in open court. I don’t care who sues who. I just want the evidence presented so the truth becomes obvious to everyone.

2013-08-17 Leonard Cohen wikipedia Kings Garden Odense Denmark
Wikipedia: Cohen at King’s Garden, Odense, Denmark, Aug. 17, 2013

Also, I want to know why all Lenny Cohen searches show Leonard Cohen the musician instead of me!

As for the big tech companies, Yahoo! Finance reports,

“Wednesday morning, the Senate Intelligence Committee will question Twitter CEO Jack Dorsey and Facebook chief operating officer Sheryl Sandberg on their responses to foreign disinformation campaigns. The committee also invited Google CEO Sundar Pichai, but he declined to testify — another Google representative will testify in his place.

“Wednesday afternoon, the House Energy & Commerce Committee will quiz Dorsey on Twitter’s ‘algorithms and content monitoring.’”

NBC News has reported Facebook CEO Mark Zuckerberg announced changes to the platform’s news feed product since the data issue March, with “more posts from friends and family” and “less public content, including videos and other posts from publishers or businesses.” Now, NBC continues,

“The goal was to make Facebook more social with fewer commercial and product posts. Publishers ranging from big businesses to mommy bloggers are forced to post more content that they create personally, rather than sharing products or affiliate links.

“With these changes, some small publishers claim to see a massive downside.”

What I want to know is why in July, Zuckerberg decided Facebook would not ban Holocaust deniers! Fortune reported,

“Zuckerberg, who is Jewish, said he found Holocaust deniers ‘deeply offensive.’ Then he said, ‘but at the end of the day, I don’t believe that our platform should take that down because I think there are things that different people get wrong—I don’t think that they’re intentionally getting it wrong. It’s hard to impugn intent and to understand the intent.’”

So Holocaust deniers are simply uninformed? Are you kidding me, Mark? I would’ve hoped Sandberg, who grew up in North Miami Beach, whose brother David was my high school class valedictorian, would’ve set him straight. The Times of Israel reports Sandberg “said in an interview last year that, as a tech company, Facebook hires engineers — not reporters and journalists.” Personally, I find this would be one fight losing my job over. There has to be a line somewhere. Go far enough and you’re “just following orders” and we know what made that phrase so well known.

Zuckerberg later clarified in an email,

“I personally find Holocaust denial deeply offensive, and I absolutely didn’t intend to defend the intent of people who deny that.” Then, he “reiterated a distinction he tried to draw in the interview: Posts that advocate violence will be taken down, but those that peddle misinformation will stay but ‘would lose the vast majority of its distribution in News Feed.’”

Sounds like he has lost the vast majority of his mind!

Also coming up this shortened Labor Day week, Morning Brew reports Sen. Bernie Sanders (I-Vt.) will “introduce a bill requiring major employers—like Amazon, Walmart, and McDonald’s—to cover the cost of government assistance programs its workers rely on…programs like food stamps, public housing, Medicaid, and more.” For years, there has been criticism years about the way Amazon pays and treats workers at its warehouses. According to The Washington Post, the Democratic Socialist said his goal

“is to force corporations to pay a living wage and curb about $150 billion in taxpayer dollars that go to funding federal assistance programs for low-wage workers each year. The bill … would impose a 100 percent tax on government benefits received by workers at companies with 500 or more employees. For example, if an Amazon employee receives $300 in food stamps, Amazon would be taxed $300.”

Keep in mind, Amazon owner Jeff Bezos (another who spent years in Miami) also owns The Washington Post!

Two last things: The cemetery near Detroit finally fixed my grandfather’s grave. In June, it took hours to find the marker since it was buried under inches of dirt. Now, it has been raised and leveled.

oakview cemetery

bar mitzvah shirt

And this weekend is the 3?th anniversary of my bar mitzvah. The party had an animal theme, of course, and all the kids got t-shirts like this. (Yes, I’m keeping the specific year as evergreen as the narrator says on that Philadelphia show The Goldbergs on purpose, even though there are readers who were there!)

So that’s about it. All the original pages I found have been updated.

Before I go, I also have to thank every one of you for more than 16,800 page views on this site! The numbers have risen exponentially recently, and I wonder why. Please let me know if there’s anything I should be doing more here.

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Tribune to Sinclair: Judge’s gavel instead of merger’s handshake

It’s a great day in broadcasting, or as great as things can get in this day and age. There will be no merger between Sinclair Broadcast Group and Tribune Media.

Today, according to Axios, Tribune announced it

“terminated its $3.9 billion merger agreement with Sinclair Broadcasting and that it has filed a lawsuit for breach of contract.”

— UPDATE: Sinclair counter-suing Tribune, accusing its onetime takeover target of a “deliberate effort to exploit and capitalize on an unfavorable and unexpected reaction from the FCC to capture a windfall.” —

Tribune sued in Delaware Chancery Court. It’s asking for “approximately $1 billion of lost premium to Tribune’s stockholders and additional damages in an amount to be proven at trial,” according to TVNewsCheck.

The Wall Street Journal reported Tribune alleges Sinclair “failed to make sufficient efforts to get their $3.9 billion deal approved by regulators.”

The first sign of trouble from the Federal Communications Commission, other than delays, came last month. It was a surprise, considering how the FCC greased the wheels for the takeover, whether on purpose or not. (That’s under investigation.)

— UPDATE: The FCC inspector general cleared Chairman Ajit Pai of being unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. —

TVNewsCheck continued,

“Tribune claimed that Sinclair used ‘unnecessarily aggressive and protracted negotiations’ with the Department of Justice and the FCC over regulatory requirements and that it refused to sell the stations it needed to in order for regulatory approval.”

In the filing, Tribune said:

“Beginning in November 2017, DOJ repeatedly told Sinclair that it would clear the merger if Sinclair simply agreed to sell stations in the 10 markets the parties had identified in the merger agreement. DOJ’s message to Sinclair could not have been clearer: if Sinclair agreed to sales in those 10 markets, ‘We would be done.’”

That’s what happens when you get into business with a company like Sinclair. I’ve written plenty about it and its top officials, including those who inherited the company.

Personally, it proves what I wrote here on July 25,

“Even better, it looks like one of the seven deadly sins – greediness – may have killed the deal!”

The deal, while complex and controversial, should not have been a problem.

The biggest hurdle was supposed to be national ownership rules, but ironically, the FCC took care of that just weeks before the deal’s May 2017 announcement.

Bloomberg reported,

“Broadcasters may own stations that reach 39 percent of U.S. households – but how that audience is measured has been in dispute. Last year, the FCC’s Republican majority reinstated a measure that treats ultra-high-frequency or UHF band stations as counting for just half of their lower-frequency counterparts, enabling broadcasters to own more stations and enjoy greater reach.”

Democrats had gotten rid of the so-called UHF discount the year before, since it started way back at a time when there where major reception differences between VHF and UHF stations on your television dial.

“FCC Chairman Ajit Pai, a Republican appointed by President Donald Trump,” is even under investigation by his own agency’s inspector general because of the timing of the reinstatement and whether it was done for Sinclair.

But still, the deal would’ve been so big that some stations would have to go, and that’s what led to problems. Specifically, it was which stations the combined Sinclair-Tribune would own, would have to go.

Sinclair and Tribune are two of the country’s largest broadcasters.

Sinclair, the largest, claims it “owns, operates and/or provides services to 191 television stations in 89 markets.”

According to TVSpy,

“Sinclair was proposing to control 233 stations in 108 markets, adding 42 Tribune stations to their current roster.”

sinclair before tribune
Sinclair’s reach, without Tribune

That would’ve included the nation’s biggest TV markets where Sinclair has no presence, like New York, Los Angeles, Chicago and Philadelphia.

But there was a lot of pushback from public interest groups fighting for smaller companies and localism, and against micromanaging the largest group of stations in the country.

Boris Epshteyn clip art

They were joined by Democrats concerned Sinclair would give even more stations its conservative bent. Sinclair requires so-called must-runs, including airing commentaries by one of President Trump’s former communications spokespersons, Boris Epshteyn. The company also forced anchors at their stations to read a message that parroted President Trump’s talking points about the media.

jared kushnerAnd 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 when he was running against Hillary Clinton, which Sinclair vehemently denied.

Plus, conservative media outlets were afraid Sinclair would get in the game and interfere with their efforts to compete with Fox News. And all the time passing didn’t help Sinclair’s case.

Meanwhile, Sinclair defended the merger as necessary consolidation in the face of competition from cable and tech, according to NBC News.

The network also reported it came “in the face of opposition from the FCC and questions about whether Sinclair tried to mislead the government with its divestiture plan, in which it sought to sell some stations to parties close to Sinclair.” (I’ve written about these so-called sidecar agreements time and time again.)

The first sign of trouble, other than delays, came last month.

TVNewsCheck wrote Pai, perhaps the deal’s biggest cheerleader after President Trump, decided he had “serious concerns” about the Tribune stations Sinclair would get in Chicago, Dallas and Houston – that Sinclair might still be able to operate them “in practice, even if not in name.”

WGN-TV

TVSpy put it this way:

“Pai suggested Sinclair would sell but still operate those stations, which is illegal. The FCC then sent the deal for review by an administrative law judge.”

Sinclair has been known to use shell corporations, local marketing agreements and joint sales agreements to operate stations it doesn’t own. (See Cunningham Broadcasting, for example. Click here for Baltimore and here for mid-Michigan.)

There were also concerns about spinning off stations for unreasonably low prices.

Tribune’s complaint alleges

“Sinclair’s material breaches were willful breaches of the merger agreement, because they were deliberate acts and deliberate failures to act that were taken with the actual knowledge that they would or would reasonably be expected to result in or constitute a material breach.

“As a result of Sinclair’s breaches, Tribune has sustained financial harm and has lost the expected benefits of the merger agreement.”

As I wrote here on July 27, “Tribune can leave Sinclair at the alter/chuppah on Aug. 8.” That was yesterday.

This morning, Tribune released this statement:

“Tribune Media Company today announced that it has terminated its merger agreement (the ‘Merger Agreement’) with Sinclair Broadcast Group, Inc. (‘Sinclair’), and that it has filed a lawsuit in the Delaware Chancery Court against Sinclair for breach of contract. The lawsuit seeks compensation for all losses incurred as a result of Sinclair’s material breaches of the Merger Agreement.

“In the Merger Agreement, Sinclair committed to use its reasonable best efforts to obtain regulatory approval as promptly as possible, including agreeing in advance to divest stations in certain markets as necessary or advisable for regulatory approval. Instead, in an effort to maintain control over stations it was obligated to sell, Sinclair engaged in unnecessarily aggressive and protracted negotiations with the Department of Justice and the Federal Communications Commission (the ‘FCC’) over regulatory requirements, refused to sell stations in the markets as required to obtain approval, and proposed aggressive divestment structures and related-party sales that were either rejected outright or posed a high risk of rejection and delay—all in derogation of Sinclair’s contractual obligations. Ultimately, the FCC concluded unanimously that Sinclair may have misrepresented or omitted material facts in its applications in order to circumvent the FCC’s ownership rules and, accordingly, put the merger on indefinite hold while an administrative law judge determines whether Sinclair misled the FCC or acted with a lack of candor. As elaborated in the complaint we filed earlier today, Sinclair’s entire course of conduct has been in blatant violation of the Merger Agreement and, but for Sinclair’s actions, the transaction could have closed long ago. (I highlighted that last sentence. —Lenny)

“‘In light of the FCC’s unanimous decision, referring the issue of Sinclair’s conduct for a hearing before an administrative law judge, our merger cannot be completed within an acceptable timeframe, if ever,’” said Peter Kern, Tribune Media’s Chief Executive Officer. ‘This uncertainty and delay would be detrimental to our company and our shareholders. Accordingly, we have exercised our right to terminate the Merger Agreement, and, by way of our lawsuit, intend to hold Sinclair accountable.’”

(Tribune’s statement continued with earnings information and then returned to the Sinclair situation. See that at the bottom of this post, along with its CEO’s memo to employees.)

That’s a big change from exactly three weeks ago, July 19, when Tribune responded to the FCC issuing its Hearing Designation Order with this statement:

“Tribune Media has now had the opportunity to review the FCC’s troubling Hearing Designation Order.  We are currently evaluating its implications and assessing all of our options in light of today’s developments.

“We will be greatly disappointed if the transaction cannot be completed, but will rededicate our efforts to running our businesses and optimizing assets.  Thanks to the great work of our employees, we are having a strong year despite the significant distraction caused by our work on the transaction and, thus, are well-positioned to continue maximizing value for our shareholders going forward.”

Click here for the 62-page complaint.

In case you don’t plan to read it all, The Washington Post reported Tribune accused Sinclair of

“engaging in ‘belligerent and unnecessarily protracted negotiations’ with the FCC as well as the Justice Department.” Also, it argued “in its lawsuit that Sinclair had been ‘confrontational with and belittling of DOJ staff.’ During negotiations, for example, Sinclair’s general counsel, Barry Faber, challenged the Justice Department’s top antitrust official, Makan Delrahim, telling him at one point, ‘sue me,’ Tribune alleged. In another meeting, Faber accused Delrahim of ‘misunderstand[ing] the industry,’ the suit said.”

Also new, The Post reported Tribune alleged it threatened to sue Sinclair in February if it didn’t divest stations to secure the DOJ’s support, prompting Sinclair to revise its offer.

Click here for 176 pages of exhibits.

Sinclair, for its part, put out this response:

“Sinclair Broadcast Group, Inc. announced today that it received a termination notice of its Merger Agreement from Tribune Media Company. In response, the Company subsequently has withdrawn with prejudice its FCC applications to acquire Tribune and filed with the Administrative Law Judge a notice of withdrawal of the applications and motion to terminate the hearing.” ‘’

“‘We are extremely disappointed that after 15 months of trying to close the Tribune transaction, we are instead announcing its termination,’ commented Chris Ripley, President & Chief Executive Officer. ‘We unequivocally stand by our position that we did not mislead the FCC with respect to the transaction or act in any way other than with complete candor and transparency. As Tribune, however commented, in their belief, the FCC’s recent designation of the deal for a hearing in front of an Administrative Law Judge would have resulted in a potentially long and burdensome process and, therefore, pursuing the transaction was not in the best interest of their company and shareholders. As for Tribune’s lawsuit, we fully complied with our obligations under the merger agreement and tirelessly worked to close this transaction. The lawsuit described in Tribune’s public filings today is entirely without merit, and we intend to defend against it vigorously.

“‘Nonetheless, we wish to thank both our and Tribune’s employees and our many advisers who have committed a tremendous amount of time and effort over the past 15 months towards the acquisition of Tribune. It is unfortunate that those efforts have not been realized. The combined company would have benefited the entire broadcast industry and the public through the advancement of ATSC 3.0, increased local news and enhanced programming.’”

FTVLive’s Scott Jones brought more from Ripley.

Chris Ripley statement

Despite Sinclair stock starting lower today, the company announced it’s buying back up to $1 billion of its Class A common shares.

“We strongly believe in the long term outlook of our company and disagree with the market’s current discounted view on our share price,” Ripley said. “The $1 billion authorization does not use our future free cash flow generation, but simply the excess cash currently on our balance sheet.”

Sinclair stock ended the day 2.58 percent higher, but fell in after-hours trading.

The FCC did not comment today.

The Sinclair-Tribune deal would’ve led to several others. Stations that put the combination above the legal ownership limit were supposed to be spun off to several different companies. Now they won’t.

One of those companies is 21st Century Fox, which The Hollywood Reporter described as partially merging with Disney/ABC. Disney still plans to buy “the Fox film and TV studio, Nat Geo, FX Networks, Star India, 39 percent of Sky and 30 percent of Hulu … along with 22 regional sports networks (RSNs).”

Disney is selling those regional sports networks because the Justice Department was worried they “coupled with ESPN would create a sports monopoly.”

Yahoo! Finance reports Disney will have 90 days from the deal closing to sell, and CEO Bob Iger said on Tuesday’s earnings call,

“The RSNs will be sold, and the process of selling them is actually already beginning. Conversations are starting, interest is being expressed. And it’s likely that we’ll negotiate a deal to sell them but the deal will not be fully executed or close until after the overall deal for 21st Century Fox closes.”

It added, Iger said Disney “assumed the responsibility of divestiture” in December 2017 when it first made an offer to Fox, “if the regulatory process demanded that we do that.”

There was never a possibility Fox would keep the networks or buy them back.

Yahoo! suggests potential buyers are Comcast, which has its own RSNs and lost the bidding war for Fox’s assets; Discovery Communications; AT&T, owner of DirecTV and now also Time Warner, but the Justice Department is appealing that; Verizon, owner of Fios; and another cable company, Charter Communications.

So Fox will be left with “the Fox broadcast network, FS1, FS2, Fox Business Network and the Fox News Channel, which, collectively, is known for now as New Fox,” according to The Hollywood Reporter.

It planned to buy some of those stations that had to be spun off from the Sinclair-Tribune deal, probably insisting on the number and places (NFL football markets), or threatening to pull the stations’ affiliations and put Fox programming on a competitor.

“Live sports is clearly the most valuable content in our industry,” executive chairman Lachlan Murdoch said during a conference call, yesterday. His company is now paying a fortune for rights to Thursday Night Football.

Thursday Night Football logo

But now, with no merger, the station sales to Fox and others are in jeopardy, and decisions whether to sell or not return to Sinclair and Tribune.

However, new deals may already be in the works. Just Monday, Tribune announced it

“reached a comprehensive agreement with Fox Broadcasting Company to renew the existing Fox affiliations of eight Tribune Media television stations, including KCPQ-TV (Seattle), KDVR-TV (Denver), WJW-TV (Cleveland), KTVI-TV (St. Louis), WDAF-TV (Kansas City), KSTU-TV (Salt Lake City), WITI-TV (Milwaukee), WGHP-TV (Greensboro, NC). Terms of the agreement were not disclosed.”

So we can expect those stations to keep airing Fox programming unless there’s something in the “terms of the agreement” that mentions the merger not happening.

On top of that, last week, FTVLive’s Scott Jones reported, “Fox is very interested in a number of the Tribune stations” – still – and, “the suits from Fox have been spotted inside (those) Tribune stations looking around” as if to buy. So we’ll see if it ends up with more Tribune stations than it was expected to buy under the deal.

Fox WSFL WSVN

Not mentioned is Miami/Fort Lauderdale Tribune station WSFL. That CW affiliate was going to be sold to Fox, even though Fox has an affiliation agreement with Sunbeam’s WSVN in South Florida. What would’ve happened if Fox bought a competitor was anyone’s guess, but that’s now a moot point.

Of course, the big question is whether Tribune will still sell at all. TVNewsCheck’s Harry Jessell reported Tribune CEO Peter Kern cast some doubt on that today, telling analysts the company may want to “enhance” its TV station portfolio.

cox media group

We know Cox Media Group is exploring selling. Others will if the price is right, and prices should rise if there are fewer, bigger companies in the business – especially if they’re allowed to buy more after the FCC takes another look at raising ownership caps.

Despite uncertainty, there’s probably a lot of relief at Tribune stations they won’t have bosses from Sinclair.

TVNewsCheck’s Harry Jessell – who I quote a lot – recently wrote

“how Sinclair’s aggressive approach in its dealing with the Justice Department and the FCC with regard to its merger with Tribune has been polluting the best regulatory atmosphere in Washington since the Reagan administration.”

Jessell ended his column by writing,

“So, let’s recap. Sinclair’s attempt to win regulatory approval of its Tribune merger has so far severely damaged Sinclair’s standing at the FCC, aggravated the most broadcast-friendly FCC chairman in decades, subjected its own and several other broadcast groups’ basic business dealings to intense Justice Department scrutiny and exposed those same groups to (an antitrust) lawsuit that, no matter how frivolous, needs to be answered.”

As promised earlier, this is the rest of today’s Tribune statement:

RECENT DEVELOPMENTS

Sinclair Acquisition

On May 8, 2017, the Company entered into the Merger Agreement with Sinclair, providing for the acquisition by Sinclair of all of the outstanding shares of the Company’s Class A common stock and Class B common stock by means of a merger of Samson Merger Sub Inc., a wholly owned subsidiary of Sinclair, with and into Tribune Media Company (the “Merger”), with the Company surviving the Merger as a wholly owned subsidiary of Sinclair.

In the Merger, each share of the Company’s common stock would have been converted into the right to receive (i) $35.00 in cash, without interest and less any required withholding taxes, and (ii) 0.2300 of a share of Class A common stock of Sinclair.

The consummation of the Merger was subject to the satisfaction or waiver of certain important conditions, including, among others: (i) the approval of the Merger by the Company’s stockholders, (ii) the receipt of approval from the FCC and the expiration or termination of the waiting period applicable to the Merger under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”) and (iii) the effectiveness of a registration statement on Form S-4 registering the Sinclair Common Stock to be issued in connection with the Merger and no stop order or proceedings seeking the same having been initiated by the Securities and Exchange Commission (the “SEC”).

Pursuant to Section 7.1(e) of the Merger Agreement, Sinclair was “entitled to direct, in consultation with the Company, the timing for making, and approve (such approval not to be unreasonably withheld) the content of, any filings with or presentations or submissions to any Governmental Authority relating to this Agreement or the transactions contemplated hereby and to take the lead in the scheduling of, and strategic planning for, any meetings with, and the conducting of negotiations with, Governmental Authorities relating to this Agreement or the transactions contemplated hereby.” Applications to regulatory authorities made jointly by Sinclair and Tribune in connection with the Merger were made at the direction of Sinclair pursuant to its authority under this provision of the Merger Agreement.

On September 6, 2017, Sinclair’s registration statement on Form S-4 registering the Sinclair Common Stock to be issued in the Merger was declared effective by the SEC.

On October 19, 2017, holders of a majority of the outstanding shares of the Company’s Class A Common Stock and Class B Common Stock, voting as a single class, voted on and approved the Merger Agreement and the transactions contemplated by the Merger Agreement at a duly called special meeting of Tribune Media Company shareholders.

The applications seeking FCC approval of the transactions contemplated by the Merger Agreement (the “Applications”) were filed on June 26, 2017, and the FCC issued a public notice of the filing of the Applications and established a comment cycle on July 6, 2017. Several petitions to deny the Applications, and numerous other comments, both opposing and supporting the transaction, were filed in response to the public notice. Sinclair and the Company jointly filed an opposition to the petitions to deny on August 22, 2017 (the “Joint Opposition”). Petitioners and others filed replies to the Joint Opposition on August 29, 2017. On September 14, 2017, the FCC’s Media Bureau issued a Request for Information (“RFI”) seeking additional information regarding certain matters discussed in the Applications. Sinclair submitted a response to the RFI on October 5, 2017. On October 18, 2017, the FCC’s Media Bureau issued a public notice pausing the FCC’s 180-day transaction review “shot-clock” for 15 days to afford interested parties an opportunity to comment on the response to the RFI. On January 11, 2018, the FCC’s Media Bureau issued a public notice pausing the FCC’s shot-clock as of January 4, 2018 until Sinclair has filed amendments to the Applications along with divestiture applications and the FCC staff has had an opportunity to review any such submissions. On February 20, 2018, the parties filed an amendment to the Applications (the “February 20 Amendment”) that, among other things, (1) requested authority under the FCC’s “Local Television Multiple Ownership Rule” (the “Duopoly Rule”) for Sinclair to own two top four rated stations in each of three television markets (the “Top-4 Requests”) and (2) identified stations (the “Divestiture Stations”) in 11 television markets that Sinclair proposed to divest in order for the Merger to comply with the Duopoly Rule and the National Television Multiple Ownership Rule. Concurrently, Sinclair filed applications (the “Divestiture Trust Applications”) proposing to place certain of the Divestiture Stations in an FCC-approved divestiture trust, if and as necessary, in order to facilitate the orderly divestiture of those stations following the consummation of the Merger. On February 27, 2018, in furtherance of certain undertakings made in the Applications and the February 20 Amendment, the parties filed separate applications seeking FCC approval of the sale of Tribune’s stations WPIX-TV, New York, New York, and WGN-TV, Chicago, Illinois, to third-party purchasers. On March 6, 2018, the parties filed an amendment to the Applications that, among other things, eliminated one of the Top-4 Requests and modified the remaining two Top-4 Requests. Also on March 6, 2018, the parties modified certain of the Divestiture Trust Applications. On April 24, 2018, the parties jointly filed (1) an amendment to the Applications (the “April 24 Amendment”) that superseded all prior amendments and, among other things, updated the pending Top-4 Requests and provided additional information regarding station divestitures proposed to be made by Sinclair in 15 television markets in order to comply with the Duopoly Rule or the National Television Multiple Ownership Rule, (2) a letter withdrawing the Divestiture Trust Applications and (3) a letter withdrawing the application for approval of the sale of WPIX-TV to a third-party purchaser. In order to facilitate certain of the compliance divestitures described in the April 24 Amendment, between April 24, 2018 and April 30, 2018, Sinclair filed applications seeking FCC consent to the assignment of license or transfer of control of certain stations in 11 television markets.

On May 8, 2018, the Company, Sinclair Television Group, Inc. (“Sinclair Television”) and Fox Television Stations, LLC (“Fox”) entered into an asset purchase agreement (the “Fox Purchase Agreement”) to sell the assets of seven network affiliates of Tribune for $910.0 million in cash, subject to post-closing adjustments. The network affiliates subject to the Fox Purchase Agreement are: KCPQ (Tacoma, WA); KDVR (Denver, CO); KSTU (Salt Lake City, UT); KSWB-TV (San Diego, CA); KTXL (Sacramento, CA); WJW (Cleveland, OH); and WSFL-TV (Miami, FL). The closing of the sale pursuant to the Fox Purchase Agreement (the “Closing”) was subject to approval of the FCC and clearance under the HSR Act, as well as the satisfaction or waiver of all conditions of the consummation of the Merger, which was scheduled to occur immediately following the Closing.

On May 14, 2018, Sinclair and Tribune filed applications for FCC approval of additional station divestitures to Fox pursuant to the Fox Purchase Agreement. On May 21, 2018, the FCC issued a consolidated public notice accepting the divestiture applications filed between April 24, 2018 and May 14, 2018, for filing and seeking comment on those applications and on the April 24 Amendment, and establishing a comment cycle ending on July 12, 2018.

On July 16, 2018, the Chairman of the FCC issued a statement that he had “serious concerns about the Sinclair/Tribune transaction” because of evidence suggesting “that certain station divestitures that have been proposed to the FCC would allow Sinclair to control [the divested] stations in practice, even if not in name, in violation of the law,” and that he had circulated to the other Commissioners “a draft order that would designate issues involving certain proposed divestitures for a hearing in front of an administrative law judge.”

On July 18, 2018, at the direction of Sinclair pursuant to its authority under the Merger Agreement, Sinclair and Tribune jointly filed an amendment to the Applications reflecting that the applications for divestiture of WGN-TV (Chicago), KDAF (Dallas), and KIAH (Houston) filed in connection with the April 24 Amendment were being withdrawn, that WGN-TV would not be divested, and that KDAF and KIAH would be placed in a divestiture trust pending sales to one or more new third parties. The applications for divestiture of WGN-TV, KDAF and KIAH were withdrawn by concurrent letter filings. On July 19, 2018, the FCC released a Hearing Designation Order (“HDO”) referring the Applications to an FCC Administrative Law Judge (“ALJ”) for an evidentiary hearing to resolve what the FCC concluded are “substantial and material questions of fact” regarding (1) whether Sinclair was the real party-in-interest to the divestiture applications for WGN-TV, KDAF, and KIAH, and, if so, whether Sinclair engaged in misrepresentation and/or lack of candor in its applications with the FCC; (2) whether consummation of the merger would violate the FCC’s broadcast ownership rules; (3) whether grant of the Applications would serve the public interest, convenience, and/or necessity; and (4) whether the Applications should be granted or denied. The HDO designated as parties to the proceeding the FCC’s Enforcement Bureau and persons who had filed formal petitions to deny the Applications, and directed the ALJ to establish a procedural schedule by Friday, August 24, 2018.

On August 2, 2017, the Company received a request for additional information and documentary material, often referred to as a “second request”, from the United States Department of Justice (the “DOJ”) in connection with the Merger Agreement. The second request was issued under the HSR Act. Sinclair received a substantively identical request for additional information and documentary material from the DOJ in connection with the transactions contemplated by the Merger Agreement. The parties entered into an agreement with the DOJ on September 15, 2017 by which they agreed not to consummate the Merger Agreement before certain dates related to their certification of substantial compliance with the second request (which occurred in November 2017) and to provide the DOJ with 10 calendar days’ notice prior to consummating the Merger Agreement. Although Sinclair and DOJ reached agreement on a term sheet identifying the markets in which stations would have to be divested, they did not reach a definitive settlement and their discussions on significant provisions remained ongoing as of August 2018.

Pursuant to the Merger Agreement, the Company had the right to terminate the Merger Agreement if Sinclair failed to perform in all material respects its covenants, and such failure was not cured by the end date of August 8, 2018. Additionally, either party may terminate the Merger Agreement if the Merger is not consummated on or before August 8, 2018 (and the failure for the Merger to have been consummated by such date was not primarily due to a breach of the Merger Agreement by the party terminating the Merger Agreement). On August 9, 2018, the Company provided notification to Sinclair that it had terminated the Merger Agreement, effective immediately, on the basis of Sinclair’s willful and material breaches of its covenants and the expiration of the second end date thereunder. In connection with the termination of the Merger Agreement, on August 9, 2018, the Company provided notification to Fox that it has terminated the Fox Purchase Agreement, effective immediately. Under the terms of each of the Merger Agreement and the Fox Purchase Agreement, no termination fees are payable by any party.

On August 9, 2018, the Company filed a complaint in the Chancery Court of the State of Delaware against Sinclair, alleging breach of contract under the Merger Agreement. The complaint alleges that Sinclair willfully and materially breached its obligations under the Merger Agreement to use its reasonable best efforts to promptly obtain regulatory approval of the Merger so as to enable the Merger to close as soon as reasonably practicable. The lawsuit seeks damages for all losses incurred as a result of Sinclair’s breach of contract under the Merger Agreement.

This is Tribune CEO Kern’s memo to employees, thanks again to FTVLive’s Scott Jones:

Tribune Team,

Earlier this morning we announced the termination of our proposed merger with Sinclair and that we have filed a lawsuit against Sinclair for breach of contract—attached (above —Lenny) is the press release we issued a short time ago.

Given the developments of the last few weeks, and the decision by the Federal Communications Commission to refer certain issues to an administrative law judge in light of Sinclair’s conduct, it’s highly unlikely that this transaction could ever receive FCC approval and be completed, and certainly not within an acceptable timeframe. This delay and uncertainty would be detrimental to our company, to our business partners, to our employees and to our shareholders. Accordingly, our Board made the decision to terminate the merger agreement with Sinclair to enable us to refocus on our many opportunities to drive the company forward and enhance shareholder value.

As for the lawsuit, we are confident that Sinclair did not live up to its obligations under the merger agreement and we intend to hold them accountable. A suit like this does not get resolved overnight and it is the last thing you should be thinking about, but I want you to know that Tribune did everything it was supposed to do, and we will make sure we are treated fairly.

Right now, I am sure many of you are still absorbing the news and wondering what it means for our company, for our future, and most especially for each of you. I want to take a moment to answer these questions and address some of your concerns as we now re-adjust to the old normal of running our great and storied Tribune Media Company.

So, let’s begin there—Tribune Media remains as strong as ever, with great TV stations, important local news and sports programming, a re-energized and financially powerful cable network, and a terrific history of serving our viewers, our advertisers, and our MVPD and network partners. You need look no further than the exceptional financial results we released today for proof of that. Our consistent success is directly related to your talent, your experience, your innovation, and your willingness to give your best every day.

As for the future, we continue to live in complex times in the media world. New consumer habits, new entrants to the space, new competitors every day, and consolidation going on all around us. Rapid change has become the norm—it’s impossible to predict the next big thing. What I do know, though, is that we’ve got valuable assets, great people running them, and we remain one of the preeminent broadcasting companies in America.

No doubt the rumor mill will begin anew with speculation about who might buy us or who we might buy or whether the regulatory landscape still favors consolidation. We can’t do anything about such speculation. What we can do is rededicate ourselves to our own performance. Let’s shake off the cobwebs of deal distraction, ignore the outside noise, and continue delivering on our commitment to each other, to our customers, to our partners and to the communities we serve. If we do that, the rest will take care of itself.

Let’s get together for a companywide town hall meeting tomorrow at Noon ET. We’ll broadcast the meeting live to our business units, talk more about all these issues and take your questions—you can submit questions in advance of the meeting to: questions@tribunemedia.com.  In the meantime, if you have any concerns, our HR team is ready to help; and Gary Weitman can handle any media inquiries you might get.

Thank you, again,
Peter

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Big merger, big problem, big surprise!

This was starting to get a little hard to keep track of, and I wrote most of this last night. Good thing I waited to publish, because I had to really rewrite today!

It’s looking like the big media merger I’ve been writing about so frequently may not happen! Even better, it looks like one of the seven deadly sins – greediness – may have killed the deal!

But now, a new contender (and a good one) is putting all its stations up for sale, if the price is right.

Let’s start with the latest.

FTVLive’s Scott Jones learned privately-held conglomerate Cox Enterprises “intends to pursue strategic options for its ownership or other interest in CMG’s (subsidiary Cox Media Group) 14 TV stations.”

This is the statement from the president of Cox Media Group, known as one of the best owners of TV stations in the country.

Cox president

Notice it gives a very tentative timetable of “six months to a year to complete.”

And this is the statement from the president/CEO of parent company Cox Enterprises.

Cox ceo

It seems every letter of this type addresses uncertainty by encouraging employees to keep up the good work.

Cox Media Group owns TV stations, radio stations and newspapers. The parent company also owns Cox Communications, the largest private telecommunications company in the U.S., the nation’s third-largest cable company, advanced digital video, Internet, phone, and home security and automation services. Plus, there’s Cox Automotive, which helps dealers, manufacturers and car shoppers.

There’s no question Cox decided it would try to sell out because Sinclair Broadcast Group – arguably one of the dirtiest and definitely the largest company to own TV stations – seems to have unexpectedly lost its 14-month try for approval to merge with one of the most iconic as well as largest broadcasters, Tribune Media.

NO sinclair tribune

Everything had seemed set. The price of $3.9 billion had been agreed upon.

The Federal Communications Commission – with pro-business Republicans in the majority – even went out of its way to make it happen by reinstating rather than ending a rule!

It brought back the UHF discount in April 2017, less than a year after it was eliminated, paving the way for Sinclair and Tribune combined to meet national ownership limits. The merger was announced the next month.

— UPDATE: The FCC inspector general cleared Chairman Ajit Pai of being unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. —

The combined company was supposed to own control a whopping 233 TV stations and make a move into big cities like New York (WPIX), Los Angeles (KTLA), Chicago (WGN) and Philadelphia (WPHL). Sinclair stations would’ve reached 72 percent of U.S TV households.

Unfortunately for it, the limit was just 39 percent, so Sinclair decided to sell 23 stations – 14 of Tribune’s and nine of its own – to stay under the national TV ownership cap.

So what went wrong? A lot, even though it looked like nothing was going to stop the unfortunate merger.

Rupert Murdoch wikimedia commons
Rupert Murdoch, Wikimedia Commons

Sunday, The Baltimore Sun named several things: Sinclair was already too big; it forced its owners’ conservative views on local news around the country; the company’s ego grew, “assuming it would get its way;” and even behind-the-scenes influence from rival Fox Broadcasting owner Rupert Murdoch.

What finally did the deal in was,

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

“FCC Chairman Ajit Pai, an appointee of President Donald J. Trump who has been viewed as friendly to Sinclair and such a merger, raised ‘serious concerns’ (last) Monday about whether the deal would serve the public interest.”

It’s nice to see the public interest mentioned. Doesn’t happen nearly as often as it should!

Stay with me because if you haven’t realized, there are many aspects to this story. Let’s recap, as more and more information was revealed, to see where we are tonight.

Back in mid-January, I showed you the FCC fined Sinclair $13.4 million for

“allegedly airing news programming that was paid for by a sponsor. … The two Democrats on the five-member FCC pretty much called the Sinclair fine peanuts because Sinclair aired the sponsored content 1,723 times on 77 stations, has had trouble with the FCC before and grossed $2.7 billion in revenue last year. The fine could’ve been $82 million. … I think Sinclair should consider itself lucky. Very lucky.”

By then, it had already bought Bonten Media Group’s stations including WCYB in the Tri-Cities of TN/VA, where I’d been digital media manager.

I wrote,

Click here and see how the WCYB website’s look seemed to change overnight. It’s like everything is becoming the same and there’s no need nor room for creativity.”

Also,

“Sinclair requires conservative commentaries sent from its Maryland headquarters to air during its stations’ local newscasts. That causes viewers to think the biased people they see every night, tossed to by their local anchors, are local as well.”

I remembered, “In 2004, Sinclair barred the ABC affiliates it owned from airing the episode of Nightline that profiled American soldiers killed overseas. (It owns stations affiliated with all of the networks.) The same year, it tried to get its stations to carry a pre-election film that bashed presidential candidate John Kerry.”

And,

“Its gargantuan size already has liberals worried about its influence on elections.”

Bottom line: I admitted “with more competition, a broadcast license is no longer a license to print money as it used to be. But the airwaves belong to the public. TV stations have special responsibilities.” Yet rules were being loosened and I referred to that as, “You give them an inch and they ask for a foot!”

I questioned whether Sinclair would keep its promise to keep local programming local and pay to carry unique events like the Mummers Parade on Philadelphia’s WPHL-17.

On Jan. 27, I actually wrote,

“Next week, the Federal Communications Commission may let Sinclair Broadcast Group buy Tribune Media but force Sinclair to sell off a bunch of stations because it’ll be (way, way, way) too big.”

Fox network

Then, I mentioned 21st Century Fox planning to downsize and what so-called New Fox would look like.

“Reports are Fox will buy ten of those stations. That means, as I wrote earlier this month about the company:

earlier

(Those cities except San Diego had NFL football teams, and Fox – which carries most Sunday NFC games – won Thursday Night Football package that also involves the AFC.)

“Cleveland, are you listening?

“And also from earlier this month, don’t expect a list of Fox-owned TV stations on the Fox Television Stations Group’s website, no matter how many times I put up the link. That would be too relevant!”

Thursday Night Football logo

I called my Feb. 22 post “Got cable, satellite? You’ll foot the bill for Fox’s Thursday Night Football” and showed how Fox’s enormous bid of $3.3 billion for the rights for five years

“is going to trickle down to you and me.”

I traced the skyrocketing cost of sports TV rights over the decades but explained overpaying isn’t always bad because,

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

Then, naturally,

“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?) … 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.”

That was part of Fox’s plan to air as many live events as possible and buy more stations. Which brought up Sinclair.

I explained,

“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. … 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.”

I did note Philadelphia-based Comcast/NBC had “offered substantially more” for Fox at that point.

comcast fox disney

Also,

“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.”

Plus,

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

And,

“The (New York) 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.’”

A week later, Feb. 28, I pointed out,

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.”

I posed the question,

“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 quoted 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 disagreed, saying,

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

Also at that point, the plan was

“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. 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.”

The next day, March 1, was one of the most popular posts, possibly because I hadn’t seen it reported at all by South Florida media. The post also had lots of cities, and old logos and promos.

credits wsvn
I started my producing career at WSVN.

“WSVN without Fox? It’s possible if….” ran through many examples from over the years of networks dumping their affiliates in certain cities because they wanted a station of their own. It was because of “the possibility WSVN-Channel 7 in Miami-Fort Lauderdale may lose its Fox affiliation” if Fox buys the competing CW affiliate, which was one of the stations that was going to be spun off from the Sinclair-Tribune deal. Fox hadn’t owned too many stations compared to other groups.

tv owner population share

I mentioned,

The plan (was) that Fox itself will buy several Tribune stations – all Fox affiliates already – but also WSFL-Channel 39, which is South Florida’s CW affiliate.”

WSFL

Then, I posed two questions,

“What would happen to programming on both stations?” and “Would (Fox) give up WSVN’s good ratings and help from its large news department, just to have a station of its own?”

But in 1989, NBC bought CBS affiliate WTVJ when Ansin wouldn’t sell. CBS bought independent (Fox still just airing on a couple of nights) WCIX with a small news department and signal 30 miles south of all the other stations.

In San Francisco, NBC demanded longtime affiliate KRON for a very low price, when the owners decided to sell. When KRON was sold elsewhere, NBC pulled its affiliation and moved former ABC affiliate KNTV up from San Jose.

In Boston, NBC wanted affiliate WHDH – owned by Ansin – for a very low price. Once again, he refused so NBC dropped WHDH and started a new station using New England Cable News; bumped the Telemundo signal on WNEU-Channel 60 in New Hampshire, which it owned, to a sub-channel, and put NBC on the main channel; bought WBTS-LD (low-powered) Channel 8; and leased a sub-channel of WMFP (virtual channel 60.5) in Lawrence, Mass. Then, after a year, it decided the station should be called NBC 10!

In Raleigh/Durham, NBC dumped its weak affiliate and affiliated with a new station that was owned by a company that owned successful NBC affiliates, but it had to start up a news department from scratch.

WNCN1

In Charlotte, Fox dumped one of its strongest affiliates that had a news department just to affiliate with the former UPN station, and start up a brand new news department, so it could carry Carolina Panthers football games.

You could say viewers in lots of the country got confused and there are no more partnerships, since companies will do whatever it takes to make more money.

Looking ahead, had the Sinclair-Tribune deal gone through, some CW affiliates owned by Tribune probably would’ve lost their affiliations to CBS-owned stations.

And separately, there was the channel 4-channel 6 swap in Miami.

I noted in the Miami market,

“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.”

And don’t forget Miami has the Dolphins NFL team.

I ended by showing,

“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.”

But nothing had been decided about Miami.

feature no sinclair tribune miami

By March 7, there was finally some “definite” information, or so everyone thought since some details were released.

Sinclair

“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?)”

WPIX

“Sinclair (was supposed to) 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!

“And it (was supposed to) 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 each worth hundreds of millions of dollars, maybe a half-billion.”

WGN-TV

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.”

TVNewsCheck‘s editor Harry Jessell 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 mentioned several other cities where the networks got rid of affiliates they didn’t want. Some cases were nicer than others.

On a national level, Disney’s bid beat Comcast’s for Fox in the U.S., but it wasn’t over.

Comcast logo sized

In Europe, Comcast outbid Fox to buy the 61 percent of Sky PLC Fox didn’t already own. Fox is still trying to consolidate ownership of the powerful British pay-TV company in order to turn it around and sell Sky to Disney.

fox sky news disney

Broadcasting & Cable (reported) 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.

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.”

The attorneys general included the ones from Illinois (home to Tribune) and Maryland (home to Sinclair), who opposed the takeover because

“the combination would decrease consumer choices and diversity in the media marketplace.”

According to The Sun, Sinclair claimed

“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.”

Days later, on March 11, I published one of my longest posts.

“Call to action: Help stop Sinclair from taking over Tribune” went into detail about why the deal was bad and showed you how to contact the FCC, your Congressional representative and your senator.

This was when Sinclair started ordering hundreds of its local news anchors around the country to recite a script using President Trump’s talking points against the rest of the media.

You’ll remember,

“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.

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

feature group

And you’ll certainly watch it – and the parodies like above – in this post!

Blame it on Scott Livingston, Sinclair’s senior vice president of news, who 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.”

CNN also went into great detail about how the promos were supposed to “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 concluded 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.’”

I gave my opinion on the whole propaganda problem:

“TV stations should be run by their general managers who live in and are part of the community. And this is exactly the opposite. … 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

I reminded readers, “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,” how Sinclair 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,”

and how the company’s lawyer Faber confirmed his company told its ABC affiliates not to air the program because,

“We find it to be contrary to public interest.”

Vietnam veteran and prisoner of war, Sen. John McCain (R-Arizona) disagreed. He 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.”

Regardless of politics, whose opinion on “public interest” would you support, John McCain’s or David Smith’s?

Of course, Sinclair stations not airing the program with the rest of the country got many complaints.

So much for localism!

Speaking of David Smith, I had to mention The Baltimore Sun reporting he 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.

Is this someone who deserves a public broadcast license?

vote voting election

But back to politics. CNN also reported,

“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.”

Looking back at that same electionThe 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.”

The article continued,

President Barack Obama Official White House Photo
Official White House Photo

“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.”

Therefore, I wrote,

“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.”

Neither is Sinclair being the king of the “must-runs,” which The New York Times reported in 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.”

Again, 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.’”

komo

And it described a Seattle station the company bought less than five years earlier,

“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.”

Livingston, the company’s vice president for news, told The Times,

“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 interpreted that to mean Sinclair works very hard to be to the right of other news organizations.

At least the Seattle station, an ABC affiliate, carries news.

Sinclair owns a Fox affiliate in Pittsburgh, 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.

Sinclair pretty much closed 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.? The weather person is supposed to know the nuances and micro-climates of that area. Sinclair has shown none of that matters.

mark hyman
Mark Hyman

Sinclair had its former Vice President for Corporate Relations Mark Hyman give “must air” right-wing commentaries for years and then hired former Trump campaign spokesman and advisor Boris Epshteyn as its chief political analyst, a month after he left the White House.

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

Plus, don’t forget 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.

And, concerning the FCC chairman,

“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.”

Then I scrutinized prices for Tribune stations Sinclair was buying versus past station sales and wrote,

“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.”

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. That has caused 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.

Back on March 23, we thought we’d learned the fates of seven more TV stations that would’ve had to be divested.

They were to go to political commentator, entrepreneur, author of a nationally syndicated conservative newspaper column, and host of the daily radio show and the nationally syndicated TV program, The Armstrong Williams Show. Williams is also the largest African-American owner of television stations in the U.S.

armstrong williams

Wikipedia described him as,

principal in Howard Stirk Holdingsa media company affiliated with Sinclair Broadcasting that has made numerous television station purchases.”

Williams had been in business with Sinclair – a corporation with overtly and pushy conservative leanings – before, but this time looked different.

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.

No price was announced in this deal.

at&t time warner

Funny thing is, 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!

Maybe that’s because Fox owns Fox News Channel, which Trump likes, and Time-Warner owns CNN, which the president does not like.

Don’t forget Comcast had originally even offered more than Disney for all those Fox assets but was rejected! That may have been a good thing, since a federal judge let AT&T get Time Warner but the government is appealing. A Fox-Comcast deal would’ve been similar, with a content creator and a content provider.

Then I went over the FCC’s broadcast ownership limits and the reason a combined Sinclair-Tribune could not have simply kept the two highest-rated stations in a big city, or more than one in a smaller city.

Days later, on March 26, I mentioned the Sinclair Divestiture Trust. It’s a flexible list of stations in

“a series of Form 314 filings have been made with the FCC indicating the divestiture of up to 23 broadcast television properties by Sinclair.”

The stations – from both Sinclair and Tribune – were put in the trust “for the purpose of removing them from the licensee” – in other words, to be sold off.

According to RBR+TVBR, Sinclair noted stations were placed in the divestiture trust

“in order to retain flexibility, based on the outcome of Sinclair’s request to own two top-four stations in this market, to determine which station, if any, will be placed in the Trust.”

That’s because FCC rules would not have let the proposed controversial combination simply decide to hold onto the two highest-rated stations in a city.

I really wrote a lot because on March 30, I discussed how unionizing could’ve helped those news anchors at Sinclair-run stations who didn’t want to look into a camera and read that corporate promotional nonsense during newscasts. I think a union would’ve helped the journalists keep the business people in their place, which is out of the newsroom.

The Seattle Post-Intelligencer — which properly discloses “KOMO News and SeattlePI have a content-sharing agreement” — called that script

“the next step in the company’s plan to undermine non-Sinclair outlets.”

The SeattlePI continued:

“The claim of balanced reporting is undermined by must-run segments like the one about the ‘Deep State’ that ran during KOMO’s 6pm newscast last week. In the March 21 segment, former Trump adviser Sebastian Gorka parroted a Trump talking point regarding the existence of a ‘Deep State’ attempting to undermine the U.S. government.

“That segment was produced by Sinclair’s Kristine Frazao, who before coming to Sinclair was a reporter and anchor for the Russian-government funded news network RT, described as ‘the Kremlin’s propaganda outlet’ by the Columbia Journalism Review.

“Sinclair also requires stations to run segments from Boris Epshteyn, a Russian-born former Trump adviser who now serves as Sinclair’s chief political analyst. Epshteyn recently produced stories with titles like, ‘Pres. Trump deserves cabinet and staff who support his agenda, yield successes’ and ‘Cable news channels are giving way too much coverage to Stormy Daniels.’”

In January, Sinclair had some nerve when it “asked employees to donate to its political action committee meant to sway lawmakers.” FTV Live’s Scott Jones leaked the document that called the Sinclair Political Action Committee, “our fund that supports candidates for Congress who can influence the future of broadcasting” — in their interest, of course!

jerry springer
Jerry Springer

This all made me wonder when it’s time to jump ship, like WMAQ’s Carol Marin did in Chicago in 1997 when Jerry Springer started giving commentaries on her newscast. The New York Times called her “one of that city’s most popular and respected television news anchors.” Her co-anchor also quit.

I ended with New York magazine publishing a piece titled “Local news is turning into Trump TV, even though viewers don’t want it” describing — without repeating what’s above — how

“Trump’s handpicked FCC chair, Ajit Pai, spent much of last year dismantling regulatory obstacles to media consolidation — including two rules that stood in the way of Sinclair’s desired merger with Tribune Media.”

Then it presumed “Sinclair has repaid this favor with interest” and asked “Why has Sinclair’s programming become more right-wing, even as it has expanded into more left-leaning media markets?”

On April 4, my post “My urge: Follow your conscience, despite the cost” discussed how local TV news anchors around the country have been reading those nonsense marketing scripts the rulers of Sinclair Broadcast Group demanded.

According to Bloomberg, the day before, the statement takes “aim at the integrity of other U.S. media outlets.”

That left many – myself included – wondering why some of the company’s journalists with credibility didn’t just quit doing what they’re told, despite the fact they hate everything about it, personally and professionally? Wouldn’t you have more respect for someone who uses their conscience and just says no, regardless of the consequences?

Bloomberg reported,

“The short answer is the cost may be too steep. According to copies of two employment contracts reviewed by Bloomberg, some Sinclair employees were subject to a liquidated damages clause for leaving before the term of their agreement was up: one that requires they pay as much as 40 percent of their annual compensation to the company.”

Can you imagine?

And that right to enforce the liquidated damages clause isn’t just a scare tactic. I gave an example and later learned, a Sinclair assistant news director who left for a job in another city less than two months before her contract ended had to pay too much to leave.

With Sinclair, some employees who never appeared on television were still required to sign such contracts.

Want to fight? Then there’s forced arbitration which means no sympathetic jury for the employee.

No reasonable person can feel anything but resentment if they know how the company operates.

But don’t forget journalists are natural storytellers.

Mediaite reported in Portland, Ore., the general manager issued an internal memo instructing his staff not to answer questions from anyone contacting them! FTVLive’s Scott Jones got a copy of the memo, which said most callers “likely haven’t actually watched and don’t have full context on (sic) due to social media, etc. I will also remind you that giving statements to the media or sharing negative information about the company can have huge implications.” Click here to see it.

Despite what you read, President Trump tweeted twice he’s a fan of Sinclair.

But KOMO-Seattle anchor Mary Nam – remember, a Sinclair station – took issue with the president and had the guts to call him out for calling watching “Fake News Networks” funny.

Another Sinclair station, WMSN in Madison, Wisc., was dealing with record snowfall (even for them!) and an important state Supreme Court election. Sounds a lot more local, important and even life-saving than the bullshit Sinclair demanded.

And thanks again to FTV Live’s Scott Jones who found this gem from WGN-TV executive producer Jeff Hoover.

In Rochester, Norma Holland of WHAM-13’s Good Day Rochester wrote about her dilemma on Facebook:

The Huffington Post reported,

“Some employees have spoken out about their frustration at having to parrot the conservative politics of their employer,” but also, “Others say they’d like to do more, but they’re wary due to what they say is Sinclair’s policy and practice of closely monitoring its employees.”

Also, “There’s a lot held over us,” a journalist at a Sinclair affiliate told HuffPost on the condition of anonymity. “They pay attention to what websites we’re on.”

Plus,

“Sinclair employees say their parent company often pays especially close attention to its affiliates’ editorial activities, meddling in how they present their stories and graphics, and sometimes going so far as to delete offensive comments on an affiliate’s online articles before that station’s own web editors have a chance to do so.”

So a huge THANK YOU to everyone who has done their part to fight for what’s right. I hope they all still have their jobs, or moved on to something better. Unfortunately, I don’t think that was the case in Portland, Ore.

On April 10, I showed you Sinclair is having an effect on trust in local news.

Local news organizations remained 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, down to 50 percent of U.S. adults, from 57 percent a year prior.

Then, The Poynter Institute says 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.’”

The researchers examined 7.5 million transcript segments from 743 local news stations and saw huge differences between other stations, and outlets owned by Sinclair.

“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.”

Again, how can they claim they’re good for localism?!

On April 11, I wrote about FCC Chairman Ajit Pai speaking at a Las Vegas meeting, the day before.

TVNewsCheck’s Harry A. Jessell reported him saying his approach to broadcast regulations was,

“You either believe in scrapping outdated regulations or you don’t. We do.”

Under the former Verizon lawyer’s leadership, eight rules were eliminated with more to come. (Of course, we know the UHF discount is back, putting Pai under investigation by the FCC inspector general.)girl watching tv

As for what’s next, according to Pai, “In particular, Commissioner [Michael] O’Rielly is now leading an effort to update our children’s television rules so that they better reflect the way that kids watch video these days, and I look forward to getting his recommendations.”

Jessell said O’Rielly got

“a call from an Ohio broadcaster who said his plans for a Saturday morning news program were ‘derailed’ by the need to make way for children’s programming.”

I don’t know which station but will go to go out on a limb and say the news program would be much cheaper using a set already in the studio and an announcer already on staff. And where was the required children’s programming anyway? That’s just my two cents.

Also from Jessell:

“Pai also patted himself on the back for helping broadcasters secure an additional $1 billion from Congress to insure that they will be fully reimbursed for moving to new channels in the wake of the FCC incentive auction.”

So much for helping the poor and the children! Ain’t government great?!

On May 4, I published the massive “Media mega-merger may be moving closer, impacting Miami” because we learned the biggest news for a local TV market if Sinclair and Tribune would’ve merged would’ve been Miami/Fort Lauderdale (of course!).

A week earlier, 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 hadn’t happened.

Government approval would have to come from the Justice Department for antitrust worries, and the FCC to approve ownership limits.

A number of stations would have to be sold and I’d already explained TV ownership limits, 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.

On April 24, The Wall Street Journal reported 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.” Obviously that didn’t happen.

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

sinclair divest

and these are the stations owned by Tribune.

tribune divest

So we learned who would get the stations, but it’s more complicated than the charts show.

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.

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.”

Notice “owns and/or operates.”

As for independent, 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.

sinclair before tribune

Under David Smith, who wouldn’t comment for the article, Sinclair went from three cities – Baltimore, Pittsburgh and Columbus – to what it is now.

“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!

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.”

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.”

bonten tri-cities stations
Bonten’s Tri-Cities stations, from the signature below my work email

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 herehereherehere (so far in no particular order, although I may have missed a couple), and my favorite, here — I showed you Sinclair bought Bonten Media Group but Cunningham bought the stations Bonten operated. Notice those stations listed on the website have no websites of their own.

WBFF

Another 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.

WNUV

So 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!WUTV

There’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!

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.

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!

Why was the FCC the last to find out? Or did it know and ignore the facts for political reasons?hsh Howard Stirk Holdings

To the next perspective buyer…

HSH stands for Howard Stirk Holdings, and is owned by Armstrong Williams. That’s now mostly true.

In a Broadcasting & Cable article on the news section of HSH’s website dated July, 2013, Williams mentions suing the FCC because it

“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.”

It seemed every article in HSH’s News section mentioned 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.

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

That means 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 GroupI hadn’t heard of them either. Its website says Standard General was founded in 2007 and is pretty much an investment adviser, but getting into the broadcasting business. I was skeptical since investment firms are more likely to sell than others with broadcasting in their blood, especially ones who invest in their communities.

However, I learned it’s owned by Soohyung Kim, who started Standard Media to buy nine of the 23 stations. He was a hedge fund manager involved with Media General, Young Broadcasting and LIN before Media General bought them, and Nexstar bought Media General. He owns no TV stations now, and he’s bringing his winning team from years ago with him.

Standard said 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.

meredith corporation

TVSpy noted in St. Louis, where Sinclair owns a station and Tribune owns two, Meredith Corp. “signed a deal to acquire KPLR (CW) from Tribune for $65 million, pairing it with KMOV (CBS) which Meredith has owned since 2013.” But that may not happen, even if there is a merger. The Justice Department denied the company the immediate right to create the duopoly.

Sinclair already owns KDNL (ABC) and would also own Tribune’s KTVI (FOX). Great for owners’ synergies. Bad for the number of independent voices in such a big city. Which do you care more about?

We mentioned New York and Chicago, and those plans have changed.

Politico reported on a potential Sinclair news channel, even though Sinclair execs gave denied it. The channel may be just a few hours in the evening to challenge Fox News for conservative viewers. 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. It would be based in Washington, DC, where the company already owns local station WJLA-7 and produces some of its national content.

Fox wasn’t on the list of buyers while negotiations were taking place.

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.”

That’s where I wrote,

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!

NFL LogoFox wanted stations in football cities so badly, it 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 gave Cox its own stations in Boston (the New England Patriots are AFC) and Memphis (no NFL team).

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.

Miami is a different story. Fox has a very good affiliate, WSVN-7, owned by Ed Ansin’s Sunbeam Television. The ratings are great, the Miami Dolphins play there, and as an AFC team, they show up on Fox on a few Sundays and may also now be seen on Fox on Thursdays.

Fox WSFL WSVN

But the station that’s available is Tribune’s WSFL-39, a CW affiliate without a news department despite a few morning attempts. Should Fox dump WSVN and start from scratch with WSFL? Would it be worth the effort?

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.)”

But 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 the company hasn’t been doing itself any favors.

On May 8, I showed you how the FCC had just published a letter from FCC Chairman Ajit Pai’s response to Sen. Dick Durbin (D-IL) regarding the proposed Sinclair-Tribune merger. Sen. Durbin and others have been especially concerned about Tribune’s WGN-TV9 in Chicago.

Pai to Durbin
https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0507/DOC-350587A1.pdf

And the last story I wrote was on May 9. “BREAKING NEWS: Fox buying Miami station” may have gotten more views than any other post.

The negotiation spat between Fox and Sinclair ended with 21st Century Fox announcing it would buy the seven TV stations Tribune owned that had to be spun off to not exceed ownership limits, but had not yet officially found buyers.

“21st Century Fox today announced a definitive agreement with Sinclair Broadcast Group and Tribune Media Company to acquire seven television stations for approximately $910 million. The transaction will grow Fox Television Stations’ (FTS) coverage to nearly half of all U.S. households, and its market presence to 19 of the top 20 DMAs, including the addition of key markets that align with Fox’s sports rights,” it said.

fox chart

Six of those seven are Fox affiliates, so not much would’ve changed for viewers in those cities.

Fox WSFL

Yet, the Miami/Fort Lauderdale station is a CW affiliate. What would become of it, and also Sunbeam-owned Fox affiliate powerhouse WSVN? We may never know since the merger looks dead.

The CEO of Fox Television Stations, Jack Abernethy, said,

“This transaction illustrates Fox’s commitment to local broadcasting and we are pleased to add these stations to our existing portfolio. With this acquisition, we will now compete in 19 of the top 20 markets and have a significantly larger presence in the west, which will enhance our already strong platform. This expansion will further enrich our valuable alignments with the NFL, including our new Thursday Night Football rights, MLB and college sports assets. We are also happy to add many talented Tribune employees to our group, some of whom we know well.”

That’s because 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 actually caring about those communities when it owned those stations, sold them, and now wants them back. I hope the people of Cleveland, Salt Lake City and Denver will challenge Fox’s proposed buy with the FCC.

Also, Fox entered into new network affiliation agreements with Sinclair and the stations it doesn’t own but still operates.

Of course, where would Fox find that approximately $910 million to buy the stations? By selling off most of its assets like its movie and TV studio, cable networks FX and National Geographic, and regional sports networks to Disney – keeping just its network, TV stations, Fox News Channel, Fox Business Network and FS1/FS2 cable sports channels.

Remember, a much leaner “New Fox” network plans to concentrate more on live events, specifically NFL football.

But it may not matter due to this point from the Fox news release:

“Completion of the stations acquisition by 21st Century Fox is anticipated for the second half of this calendar year, subject to the satisfaction of customary closing conditions, including regulatory approvals, and is expected to be coordinated with the closing of Sinclair’s proposed acquisition of Tribune.”

And that’s not so likely anymore.

Since the merger announcement, there have been many holdups. Most notably is opposition from people who hate Sinclair’s conservative leanings, must-run commentaries on its local stations and its history of forced network preemptions. There are also those who think Sinclair was already too big of a company and adding Tribune to it would make it much larger.

After a merger, Sinclair said in a news release,

“Pro forma for the Tribune acquisition and related station divestitures, the Company will own, operate and/or provide services to 215 television stations in 102 markets.”

And I quickly responded,

“Something tells me that company doesn’t know what to say and brags too much, which makes its opponents angrier.”

Deadline magazine said that’ll “reach 62% of U.S. households, but 37.4% according to FCC rules limiting station ownership” — which is 39 percent.

Sinclair owner/chairman David Smith (who also controls Cunningham with his siblings, even though it claims to be independent) was apparently smart enough to stay quiet.

WSFL was supposed to be spun off and not take part in any Sinclair-Tribune merger, since Fox was concentrating on cities in the NFL’s NFC conference. The Miami Dolphins are in the AFC, and WSFL is a CW affiliate without a news department.

I suggested Fox look at CBS, making money while owning CW affiliates (it owns half of the CW) and also independent stations, while letting outside companies with either stronger reach or good news departments have the CBS affiliations.

I predicted WSFL losing its CW affiliation since CBS owns two stations in the market. There’s the CBS station WFOR-4, and WBFS-33 which became a MyNetworkTV affiliate to please CW partner Tribune, since CBS got the CW in so many other cities back when the WB and UPN combined.

If Fox ever gets WSFL, it would make perfect sense for CBS to move the CW affiliation to WBFS. WSFL would be a MyNetworkTV affiliate which is perfectly fine, since Fox owns MyNetworkTV.

Fox would have a place to air any network programming WSVN preempts, its Fox News would have access to WSVN’s powerful news coverage like it does from any other affiliate, it could say it owns a station in Miami/Fort Lauderdale to give advertisers more scale, and it could program and promote WSFL and its MyNetworkTV shows any way it wants.

That’s how I saw the perfect solution.

Of course, nobody is perfect and Fox doesn’t always make the right decisions.

It could start news at WSFL. That would give viewers another choice for news but be a kick in the face to WSVN and confuse the viewers, since the market is already splintered with popular stations in two languages.

And I had to say, the Fox Television Stations Group website never posted the acquisition news. But it did show press releases from Feb. 8, 2017 and Nov. 3, 2016.

Instead, it looks like there will be no Sinclair-Tribune merger. The FCC’s administrative judge could take a year to make a decision, and these companies – not to mention their employees – have ants in their pants.

Part of Sinclair’s statement last Monday, July 16, said,

“During these discussions and in our filings with the FCC, we have been completely transparent about every aspect of the proposed transaction. We have fully identified who the buyers are and the terms under which stations would be sold to such buyer, including any ongoing relationship we would have with any such stations after the sales. … At no time have we withheld information or misled the FCC in any manner whatsoever with respect to the relationships or the structure of those relationships proposed as part of the Tribune acquisition. Any suggestion to the contrary is unfounded and without factual basis. … As a result and in light of the ongoing and constructive dialogue we had with the FCC during the past year, we were *shocked* (my asterisks) that concerns are now being raised.

And with Cox coming in and putting its stations up for sale, the dynamics may have completely changed.

cox media group

I’m going to call it a night and return tomorrow with all the details of what went wrong (or right, if you saw things my way).

Each of the articles above came with details and pictures, and some with videos.

Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work.

Forget Laurel and Yanny. Did Cecily call Adam a moron?

I don’t know about you but yesterday, I couldn’t stop “hearing” about what the people who listened to a certain audio file heard. Most insisted it was one thing: just not the same thing.

That became the Yanny-Laurel debate. What you think you heard became the side you were on. Sometimes listeners even switched teams. They’ve even been known to switch back.

Many of you compared the whole thing to one of those “Is the dress blue or gold?” things from back in 2015. You may remember, a Tumblr user named “swiked” uploaded an image of a dress, which caused a lot of debate about its color.

Is it blue and black, or white and gold?

dress color swiked
swiked.tumblr.com

If you’re like me, you don’t particularly care, although I’d go with blue and black, and wonder about anyone who thought differently.

Part of the reason is that I saw the dress. I hadn’t turned away. I didn’t put in any effort.

BuzzFeed has a whole library of articles on the dress, for those of you who care or just became nostalgic.

As for the sound, I heard the story on TV but wasn’t paying complete attention. I would’ve had to prepare myself to go (slightly) out of my way to listen, and I didn’t. Not even now, while I’m writing against the clock. Maybe later, after this is published. No promises.

That’s why it’s a good thing BuzzFeed News Reporter (that’s how she’s described) Julia Reinstein traced what happened when she listened, and then her coworkers did.

The funny thing (at least according to my level of interest) is that she wrote

It obviously said “yanny.”

in her second paragraph, but at the end,

A mere 10 MINUTES LATER I listened to it again, and was STUNNED. It obviously said “laurel” and now I cannot trust my own ears!!!

That’s her problem.

Oh yeah. BuzzFeed started a new library of its coverage of this major story, but it doesn’t have as many articles as the dress controversy – yet.

If you care and you’re ready, CNN offered this explanation and the right answer.

If you know me, you wouldn’t be surprised the whole sound thing reminded me of something very different than the dress.

The dress involves seeing. This, like laurel or yanny, is about listening.

Cecily Tynan twitter
Twitter

It’s that great controversy over what Cecily Tynan said when her microphone was supposedly off. (It never is and never assume otherwise.)

For those of you not from the Philadelphia area, WPVI-Channel 6 has been one of the highest rated TV stations in America for about the last 40 years, give or take a few. Their newscasts may still have more of a share of its market than any other station in the country, as well. (But not the number of viewers since the New York market – covering people in the city, halfway up to Albany, half of New Jersey and all of Long Island – is so much bigger.)WPVI logo

But 6ABC, as it’s branded now, earned everything by being stable yet moving ahead with the times, even when I thought it was impossible, like getting rid of the actual weather map on the wall that was written on, rather than computer-generated.

You’d recognize a newscast from 30 years ago and some of the people on it. They make great hires and don’t change like the season, like so many other stations. People have watched for generations and consider the ones they see on-air family. I’ve never seen anything like it.

(And in 1997, I just wish their assistant news director had called me back sooner than someone across the street at the NBC station. By the time she did, she got a recording from the phone company with my new number, and left me a message saying she recognized the area code which meant I had gone to the competition. I don’t think 6ABC ever hires anyone who has worked at the competition.)

Anyway, on Oct. 29, 2012, during coverage of Superstorm Sandy, Cecily was giving a special weather report while “World News Tonight” (or was it just plain “World News” back then?) would’ve normally aired. It was an important story so Action News had team coverage on the weather. Cecily tossed to her colleague, Adam Joseph, probably for details on a specific aspect of the storm. (I wasn’t in town then, but we can watch.)

It seems he hadn’t turned his microphone on. It can happen, especially during special coverage. Maybe there was no rundown to go by and they were flying by the seat of their pants. Sometimes, the audio operator in the control room would err. In this case, it was probably Adam’s fault, although there was apparently no mic check done to make sure it was working, even at a low level – and also remind him to turn it on if necessary.

Then, you’d think the audio operator would’ve shut off Cecily’s mic but probably made the split-second decision not to, instead, because Adam was speaking but not being picked up.

I think, in a tense moment during special coverage, Cecily did call him a name for making a technical mistake. Things slip out. No big deal among family and friends, unless it goes out over the airwaves.

What do you think?

The Philadelphia Daily News started its story (because “Action News is everywhere” and what goes on there becomes news, even if they answer with a “no comment”) with

“6ABC meteorologist Cecily Tynan could clearly be heard saying ‘Moron,’ after tossing to fellow meteorologist Adam Joseph who began speaking while his microphone was off.”

After his hit, according to the paper, Adam went on Twitter to deny Cecily used the word “moron” but “moments later” he “tweeted what seemed like a confirmation of the comment.”

It’s in the article, along with a caricature of the two engaged in rough sport (boxing). Great stuff!

And yes, there is now a promo with the two of them competing at things, just as a brother and sister would.

Finally, the paper described how news anchor since the 1970s, Jim Gardner, handled the situation just before 7pm. Jim is usually a hard news guy but not every second of every day, since he “made the matter more bizarre with a somewhat rambling explanation that Tynan had not insulted Joseph.”

“‘Maybe I shouldn’t even acknowledge this but the folks who thought that Cecily called Adam an untoward name when Adam was having trouble with his microphone, that’s not at all true,’ Gardner stated.”

You’ll have to go back and watch, or read it, to do it justice.

Ain’t it great to be able to get away with that stuff?

Jim Gardner twitter
Twitter

Jim Gardner Goldman has performed many surprises over the years. His Twitter bio reads,

“For 40 years, I have anchored the 6 and 11 o’clock news on 6abc in Philadelphia. Eventually, I’ll get it right.”

A year ago, he helped when Cecily had an on-air wardrobe malfunction. She lost an earring while doing the weather. Ever the gentleman, he got right up and started looking for it. Camera, be damned!

Even Live! with Kelly (Ripa) and Ryan (Seacrest) had a good time with it! Click here to watch and don’t forget, Kelly is a South Jersey girl!

But wait. There’s more.

In 2006, Philadelphia Magazine wrote,

“One of Gardner’s legendary gags is to wait for longtime weatherman Dave Roberts (retired, father of actor David Boreanaz  -Lenny) to begin his report. As Roberts says ‘We’re bracing for strong wind gusts today,’ Gardner passes gas. Loudly. Roberts and the crew start to laugh, then keep laughing until the camera returns to Gardner, red-faced and giddy, practically in tears.”

Can’t beat that!

OK, maybe that same article estimating his paycheck back then “at near $2.5 million” (that was exactly 12 years and 2 days ago) or perhaps more importantly, earning my respect for writing half his newscasts by himself rather than eating, playing, or other things anchors have been known to do.

Maybe that’s why I don’t think he’s seen a moment before 6pm, not even for promotions. Besides, Jim Gardner hardly needs promos. The people have been programmed for decades.

So I didn’t listen to laurel or yanny. I listened to Cecily, Adam, and – of course – Jim.

For me, that was the right call.

Speaking of calling and writing: Jim, if you ever need a hand on the job…

And happy birthday!

And for those of you in Miami…

(Disclosure: Ducis and I worked together in Miami so long ago, few if any of today’s interns had even been born back then!)

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Paying for news, one candidate’s free airtime and asking for your comments

I hope you’ve had a terrific Tuesday!

I have a few thoughts (just a few) I figured I’d get out today.

paywall ny timesThis morning, Axios reported several news websites “launched new paywalls within the past year.”

Sorry! (But not this one.)

It named BloombergVanity Fair, WiredBusiness Insider and The Atlantic, and added, “Legacy institutions like The New York TimesThe Wall Street JournalThe Washington Post and The Boston Globe have all tightened their paywalls over the past few years.”

We all know somebody has to pay the people who gather and publish the news in any media format. That’s a given, and anyone who has been in the business knows most employees are not paid nearly what they’re worth.paywall Science Direct That’s a shame and forcing good people out of the business, especially at a time we need the Fourth Estate to be as tough as ever — especially when reporting on news happening in American government and the world.

paywall ny times 2The people researching, making contacts and conducting interviews on the front lines need to make a living.

So what’s the best solution?

I really don’t know.

If you read what I post, you see I often use multiple sites for information and different viewpoints, but I don’t pay those sites. Instead, I credit them link to them, and hope they benefit when I — and then you — click for more information.paywall academic

But if these trusted sites use paywalls, there’s no way any of us would pay multiple sites. How many of us could afford to? Big newsrooms, even if they say they can’t, but you and I won’t have the information we need to be responsible citizens.

Newspapers (on paper) make money through both subscriptions and advertising. So do most cable networks and your cable/satellite company.

paywall south china morning postUnfortunately, today, it looks like news on the web is going the same way.

TV news websites aren’t the best. Maybe some major group could invest in the rights to some top publications and names, to drive our traffic to their own sites so we could be made more aware of important events. It’s too bad many of the companies that owned broadcast and newspaper/magazine assets split up.

no paywall logo
This graphic and all above are clip art

The first company that can do so and really publicize specific detailed content on a daily basis (not just that “we’re free and the newspaper isn’t” or “here are the top stories on our site at this hour”) during newscasts could get new readers who’d share the site with non-readers.

Just a thought.

A similar story from Axios about newspapers is not necessarily new but making news because Warren Buffett said it:

“No one except the Wall Street Journal, The New York Times and now probably the Washington Post has come up with a digital product that really in any significant way will replace the revenue that is being lost as print newspapers lose both circulation and advertising … It is very difficult to see — with a lack of success in terms of important dollars rising from digital — it’s difficult to see how the print product survives over time.

newspaperAccording to Axios, “Local media executives have been saying for months that their biggest competition for subscriptions and eyeballs is large national newspapers.”Warren Buffett 2015

That’s bad for Buffett, who was speaking at Berkshire Hathaway’s annual meeting, and his company owns more than 30 newspapers.

That’s especially bad for the rest of us because too much of what we see on local news deals with murders, crashes and fires. They’re often visual. But it’s the local papers that often investigate and dig, outside of ratings periods. If they go down, who will take their place?

There are also two updates on Facebook, which has been under fire since Cambridge Analytica “harvested personal data on millions of Facebook users, without their knowledge, for marketing and political purposes.”

Last week, the London-based political research firm announced it’s “closing all of its operations with plans to file for bankruptcy in the U.S.,” according to The Huffington Post.

Going further, Adweek says, “Its parent company, SCL Elections, will file for insolvency in the United Kingdom while ceasing all operations in both countries.”

Cambridge Analytica site
https://cambridgeanalytica.org/

The Post quoted from a statement on the firm’s website that it

has been the subject of “numerous unfounded accusations” and “vilified for activities that are not only legal, but also widely accepted as a standard component of online advertising in both the political and commercial arenas.”

I’m not so sure, and to hell with the letter of the law! How about ethics? I know many other people feel the same way.

person on computer typing facebookThat’s because The Wall Street Journal, citing a person familiar with the situation, reported “The decision to close up shop followed rising legal fees and a loss of clients over the investigation into their work and use of Facebook data.”

So there!

And The Huffington Post also reported,

“The firm also suspended its CEO, Alexander Nix, in March after he was recorded bragging about Cambridge Analytica and its parent company, Strategic Communication Laboratories, influencing more than 200 elections around the world with unethical practices.

“Those methods included bribery, entrapment and the use of sex workers and inaccurate information. Nix had said that he was lying when he said that.

“Cambridge Analytica did not immediately respond to a request for comment.”

Good riddance!

Cambridge Analytica had been hired by both Donald Trump and Ted Cruz’s Republican primary campaigns during the 2016 presidential race.

donald trump ted cruz

As for Facebook, a spokesperson told Recode in a statement,

“This doesn’t change our commitment and determination to understand exactly what happened and make sure it doesn’t happen again. We are continuing with our investigation in cooperation with the relevant authorities.”

featured fb zuckerberg cambridgeThe Cambridge revelations led to Facebook CEO Mark Zuckerberg appearing before Congress to discuss his company’s data practices, and chief technology officer Mike Schroepfer doing the same in the British Parliament.

Meanwhile, take a look at this list:

Abortion… Budget… Civil rights… Crime… Economy… Education… Energy… Environment… Foreign Policy… Government reform… Guns… Health… Immigration… Infrastructure… Military… Poverty… Social Security… Taxes… Terrorism… Values…

facebook adsThey’re what Axios reports Facebook has defined as “issue ads” that’ll require authorization and labeling on its platform in the U.S.

facebook ads thumbs upAdvertising isn’t just to sell products to make money, but also selling ideas that can win activists money for lobbying and more advertising — and votes.

Eventually, an appeals process will be established and inevitable discrepancies about what’s considered an “issue ad” will be taken up there. That means the list may evolve over time.

facebook coca-cola ad

The reason is issue ads are often more difficult to regulate than regular election ads, which simply advocate for one candidate over another.

Of course, political ads on TV and the radio are heavily regulated since they’re on the public airwaves. That’s especially true for federal offices. This one is not.

That brings me to an article I tweeted earlier today.

Politico reported since the beginning of the year, Fox News has invited central Florida congressman and gubernatorial primary candidate Ron DeSantis on the air “roughly 100 times” while his opponent in the race – Florida Agriculture Commissioner Adam Putnam – has not been invited even once. That airtime has been compared to $7.1 million in “national publicity value.”

So much for fair and balanced, and anything close to equal time!

ron desantis adam putnam
Ron DeSantis and Adam Putnam

Remember, this is a Republican primary and what Politico called, “a seemingly endless series of appearances on a news network favored by conservatives.”

Not just conservatives, but supporters of President Trump, who endorsed DeSantis.

And, “Since announcing his bid in January, DeSantis has been given frequent access to Fox’s best real estate — including Fox & Friends, Laura Ingraham, and the Hannity show.”

DeSantis on Fox
Only Ron DeSantis. No Adam Putnam. Not fair. Not equal.

Here is one more comparison.

Putnam is still the GOP frontrunner and has raised more than $20 million.

DeSantis has raised only $7.8 million between his campaign and political committee, but Fox News is probably why “roughly 40 percent of DeSantis’ contributions have come from non-Florida donors,” even though only Floridians will vote in their state’s gubernatorial primary.

Also,

“Of the nearly $4 million spent by Putnam and his political committee on TV ads, hundreds-of-thousands of dollars have been for time on Fox News programs” but “When those ads started to circulate, some of Fox News’ most prominent hosts gave DeSantis cover and tried to tie the ads to Putnam.”

That’s similar to how Sinclair Broadcast Group aired “a commercial from a liberal consumer watchdog that’s critical of the broadcaster’s actions” as it tries to merge with Tribune Media, but CNN reported, “the company is running its own message right before and after the ad. So viewers are seeing a 15-second defense of Sinclair, then 30 seconds of criticism, then another 15-second defense.”

SBG FloridaBTW, Sinclair owns or operates Florida stations in West Palm Beach, Pensacola (with Mobile, AL), Tallahassee (with Thomasville, GA) and Gainesville. See map.

SIDEBAR: This isn’t what I planed to write about but Sinclair’s wanna-be merger victim, Tribune, only owns WSFL-39 in Florida. It has been known as “SFL-TV, South Florida’s CW” in recent years, covering the Miami-Fort Lauderdale area. Friday, I reported the station will be spun off and not take part in the Sinclair-Tribune merger, even if it happens. Plus, I showed you the lists of Sinclair and Tribune stations submitted to the FCC document that said so. I stand by everything I wrote and showed.

tribune divest

Notice all the TBDs in the Buyer column. They include WSFL. I explained all the other TBD stations are Fox affiliates, and the ones in NFL football cities will probably be sold to the network itself, which is going to be a lot leaner and stressing live events — especially NFL football — which it will be adding on Thursday nights. That’s if Fox ever comes to an agreement with Sinclair.

WSFL is a CW affiliate without a news department and I dwelled on whether Fox would buy it and dump its Sunbeam-owned powerhouse affiliate WSVN. Again, it’s all here.

All of those stations have to be sold because otherwise, the proposed merged company would own more stations than the FCC allows. I also explained in detail what I consider sinister motives with Cunningham and other Sinclair buyers, on Friday.

The deal was supposed to happen in the second quarter of this year (by June). I just did an internet search and found nothing new from any reliable sources, but I did find something new on the FCC’s website. Yesterday, it published a letter from FCC Chairman Ajit Pai’s response to Sen. Dick Durbin (D-IL) regarding Sinclair Broadcast’s proposal to acquire Tribune Media. Sen. Durbin and others have been especially concerned about Tribune’s WGN-TV9 in Chicago. The letter was written a few weeks ago but again, just published yesterday.

Pai to Durbin
https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0507/DOC-350587A1.pdf

So I believe nothing has changed, despite seeing a website that appears to be WSFL’s. It’s called SFLTV.com. However, it looks like a generic Florida TV blog, does not look professional, does not have a detailed copyright, news I don’t believe from May 1 and today, and some strange graphics (below). I’m just warning you.

Click here for the real WSFL website. It looks like other Tribune sites, and these are current and former logos.

BACK TO THE STORYPolitico also reported, “A Fox News spokeswoman did not return a request seeking comment on why DeSantis is a regular guest or why Putnam has not been on the network this year.”

feature group
Another similarity: Ron DeSantis almost in Sinclair Broadcast Group style!

I’m reporting Politico put DeSantis’ name in the first line of its story, while Putnam’s didn’t appear until the tenth paragraph!

And no Democrats’ names appear at all!

Also not mentioned: Two-term Gov. Rick Scott (R-FL) will be leaving Tallahassee behind to take on U.S. Sen. Bill Nelson (D-FL).

rick scott bill nelson
Gov. Rick Scott and Sen. Bill Nelson

By the way, speaking of equal time, the Federal Communications Commission’s Equal-Time Rule specifies that U.S. radio and television broadcast stations must provide an equivalent opportunity to any opposing political candidates who request it, in news or advertising. It was created in §18 of the Radio Act of 1927 because the FCC was concerned broadcasters could easily manipulate the outcome of elections by presenting just one point of view, and excluding other candidates. (Like Fox News is doing? What lets them do it, in a moment.) The rule was later superseded by the Communications Act of 1934.

Then, the FCC writes, “In 1972, new rules regarding cable television became effective. … Cable television operators who originated programming were subject to equal time, sponsorship identification and other provisions similar to rules applicable to broadcasters.”

Now,

“Once a cable system allows a legally qualified candidate for public office to use its facilities, it must afford ‘equal opportunities’ to all other candidates for that office to use its facilities. The cable system may not censor the content of a candidate’s material in any way, and may not discriminate between candidates in practices, regulations, facilities or services rendered while making time available to such candidates. Candidate appearances which are exempt from the ‘equal opportunities’ rules include appearances on a bona fide newscast, bona fide news interview, bona fide news documentary, or during on-the-spot coverage of a bona fide news event.”

Bona fide newscast? Bona fide news interview? I just report. You can decide.

If I remember correctly, back in the day, Oprah’s talk show was considered news under this policy; not any others.

That’s different from the Fairness Doctrine (1947-1987) “that required the holders of broadcast licenses both to present controversial issues of public importance (not candidates) and to do so in a manner that was—in the FCC’s view—honest, equitable, and balanced.”

One very last thing and it’s the last thing you see on posts: the comments. Did you know I’m constantly updating articles in that section?

It’s not easy to find on the regular generic CohenConnect.com homepage you turn to when you want to see the latest articles (if you don’t subscribe with your email address or WordPress account). WordPress makes you go below the sharing and liking, and below all the categories and tags for the post you just read, and you’ll find a place for comments at the very end, just before the previous article begins.

generic site

After an article, WordPress makes you go below the sharing and liking, below the related posts (which it chooses, along with the categories beneath them), below all the categories and tags for the post you just read, below a link to the article before (and after, unless it’s the latest), and that’s where you’ll find any comments.

article page

So keep checking the bottom of an article out if you were really interested, even weeks after publishing, and you know what to do in some rare case you don’t think I’m right!

Besides, who do you trust more, WordPress or Facebook?

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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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Syria, Gaza and the FCC chair babying broadcasters

Industry leaders have been meeting in Las Vegas for the National Association of Broadcasters Show and Adam Symson, president-CEO of the E.W. Scripps Co., made an interesting comparison between broadcast and digital.

“Broadcasting has been traditionally a very protected business — protected by regulation and economically protected because not everybody could have a television station in a market,” he said, according to TVNewsCheck. “That protection allowed us to develop our business in a certain way, historically.”

old tv sets

Running a digital business, on the other hand, “you’re forced to deal with a truly capitalistic, competitive environment,” he said.

fcc logoWhat he’s saying is that there is not a level playing field.

If you want to own a TV station or FM radio station, you need to find one and buy it. It has already been allocated to the area and licensed to operate using the public airwaves, under Federal Communications Commission rules, in the public interest.radio

(For AM radio stations, just find an unused frequency in the area, get the required technical tests done to sow you’re not interfering with anyone else. That should include antenna height and signal power, probably less at night, and then apply. The rules were different way back!)

As I’ve said for years, workers don’t have the First Amendment right to freedom of speech; the station owner does.

black laptop computer keyboardBut there aren’t really a lot of rules when it comes to digital. Anybody can have a website. What you’re reading proves it. So there’s unlimited competition from all over the world, as in World Wide Web.

No, people under 13 should not be filling out information. No porn without at least a warning (and maybe more, as if that works). And it’s not nice to post fake news.

newspaperDon’t forget all the advertising you can sell, since like a newspaper or magazine, digital publishers can have as many pages as they want and even make them longer. TV and radio stations are limited to 24 hours a day. Keep in mind programming and any other content is just to get people from one commercial break to the next, so you can charge more, but too much advertising will cause people to look or listen somewhere else.

 

Of course, looking or listening is free to them and somebody has to pay the bills. Subscriptions usually mean fewer or no commercials since money is coming in. (See: basic cable.)

So, keeping this simple, would you rather have your own TV station or website?

I’d go for the TV station. Yes, it costs more to operate (and even more than that if you want the product to be good). Digital can be done by one person and two cats with a computer connected to the internet.

But the number of TV stations is limited. They used to be referred to as a license to print money. Now, not as much as 50 years ago since, due to the growth of UHF and then cable, but there are still a limited number of stations.

And since they use the public airwaves (not cable, which has its own rules), they have to serve the public. But you’re the owner. You can hire engineers. You can own more than one station. And the number of rules you have to follow is dropping.

TVNewsCheck’s Harry A. Jessell reported FCC Chairman Ajit Pai spoke at that Las Vegas meeting, yesterday. You’d think broadcasters would’ve wet their pants, but what he said wasn’t new.

Pai said his approach to broadcast regulations is, “You either believe in scrapping outdated regulations or you don’t. We do.”

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

So now, eight rules are gone. They include ending the newspaper-broadcast cross-ownership ban and also the main studio rule, which Pai claims “gives broadcasters greater flexibility without sacrificing transparency or community engagement. And it’s already making it easier for broadcasters to add new service or maintain existing service in rural communities” but the rule simply required broadcasters to maintain a main studio in or near their community of license. Think that’s important? Would somebody quite a distance away be an expert or even know enough about your town? So much for localism!

And there are more rules to go.

As for what’s next to go, according to Pai, “In particular, Commissioner [Michael] O’Rielly is now leading an effort to update our children’s television rules so that they better reflect the way that kids watch video these days, and I look forward to getting his recommendations.”

Click here for O’Rielly’s January blog post on the subject.

girl watching tv

Monday, Jessell wrote, “O’Rielly told a group of broadcasters he would like to get rid of the current rule requiring TV stations to air three hours of children’s programming in the form of 30-minute shows each week between 7 and 10am.”

Instead, he expects it to be “more directive” than a call for reform ideas but didn’t have any definite proposals.

The commissioner said his goal is to

“further understand the market and determine if each requirement has produced the benefits to our nation’s children and families and examining these rules to see if they have resulted in any unintended consequences.

“Can we breathe some flexibility into our rules and make them more dynamic and responsive to the needs of kids? For example, studies show that children have shorter attention spans … but our rules only count programming that is 30 minutes in length.”

Jessell also said O’Rielly got “a call from an Ohio broadcaster who said his plans for a Saturday morning news program were ‘derailed’ by the need to make way for children’s programming.” I don’t know which station but will go to go out on a limb and say the news program would be much cheaper using a set already in the studio and an announcer already on staff. And where was the required children’s programming anyway? That’s just my two cents.

And BGR reports Pai, the former Verizon lawyer (gotta love THAT!), is still trying to keep the net neutrality rules dead. Those rules regulate telecom companies and the speed in which they get your computer to certain websites, but the FCC killed them in December. You shouldn’t have to pay more and neither should the owner of the website to see it faster. Internet Service Providers (ISPs) should treat all data on the internet the same.woman on computer

Now, Peoria Public Radio says there are “several states scrambling to keep net neutrality protections before the federal repeal date of April 23.” Sounds difficult to me because internet traffic, like the public airwaves, is interstate commerce which makes it a federal matter.

However, the Illinois proposal “would ask internet service providers who contract with the state to disclose if they don’t plan to follow net neutrality rules.” That’s allowed through transparency rules. U.S. News & World Report says “The Cybersecurity, Data Analytics and IT Committee voted 6-2” in favor of it today, so it’ll move to the state House floor.”

Also, “a lawsuit involving several attorneys general against the FCC is pending.” There are 23 attorneys general signed on. Gizmodo named them: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia. Personal note: I don’t see Florida.

Today, Sen. Sherrod Brown (D-Ohio) wrote in The Logan Daily News,

“Right now, I’m working with my Senate colleagues to pass a resolution in Congress to overturn this disastrous decision. My resolution would reinstate the rules that guarantee us an open Internet. With 50 votes at the ready, we only need one more Republican who is willing to work across the aisle and stand up against corporate special interests.
“The Internet doesn’t belong to a wealthy few.”

What about using the Congressional Review Act (CRA) that can review new federal regulations issued by government agencies and overrule them by passing joint resolutions?

Congress has a window of time lasting 60 legislative days (in session) but there are lots of details on how it works, so that’s probably unlikely. A vote by Congress, which controls the FCC, and the Illinois technique sound better.

And last month, Pai “dwelled on the lack of high-speed internet in rural communities,” after his FCC

“rolled back several provisions meant to protect internet access for low-income and rural citizens, undoing a rule that would force providers to at least maintain existing DSL internet lines, and axing a subsidy for wireless service for low-income residents.”

money dollars centsHe quoted an unnamed politician: “Cable companies panicked at [the Internet’s] threat to their business, so they monopolized Internet connectivity themselves.”

My take? They went too far. If cable and internet companies want to dig to serve one person in a municipality, then they should be forced to serve everyone in that municipality, whether they care to subscribe or not. Don’t electric and phone companies have to? But poor, rural people don’t make these companies money.

In May 2017, John Oliver encouraged viewers to voice their displeasure to the FCC in a particularly creative way:

But acting completely different from gutting rules, the UHF discount is back, putting Pai under investigation by the FCC inspector general. (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 made for the UHF band. UHF stations were not as accessible, 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.”

— UPDATE: The FCC inspector general cleared Chairman Ajit Pai of being unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. —

NO sinclair tribune

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.”

You decide.

Pai is not very popular among many Americans who know who he is. According to Jessell, he ended by “thanking broadcasters for their personal support during some of the ‘challenges’ he has faced.” There were death threats after he led the FCC in eliminating the net neutrality rules.

At the end, Pai told the broadcasters,

“I do want … to let you know that … I very much cherish your statements, emails, tweets … personal conversations when I see you in the hallways, and for your thoughts and prayers from afar. They mean more than you know.

“So, on behalf of myself, the Pai family, I want to express my heartfelt gratitude to you. Thank you for being there for me and for us when it counted. I’ll never forget it.”

That was after, Jessell reported,

“Pai also patted himself on the back for helping broadcasters secure an additional $1 billion from Congress to insure that they will be fully reimbursed for moving to new channels in the wake of the FCC incentive auction.”

So much for helping the poor and the children! Ain’t government great?!

Now to the Israel-Gaza Strip border.

Gaza map

Tonight, the liberal Israeli paper Haaretz reported an IDF (Israel Defense Forces) spokesman told them, “The Israeli air force hit a Hamas target in the Gaza Strip.”

Then, “Hamas militant shot machine guns towards the aircraft, triggering rocket alert sirens throughout southern Israel in the regional councils of Shaar Hanegev and Sdot Negev.”

And Jason Greenblatt, President Trump’s assistant and Representative for International Negotiations, tweeted that Hamas, the terror group that rules Gaza and has been galvanizing weekly violent protests there, must cede control to the Fatah-led Palestinian Authority, which rules Judea and Samaria (the West Bank).

The IDF Spokesperson’s Unit said the army “holds Hamas responsible for everything that takes place in the Strip and will not allow the organization to turn the fence into a confrontation zone.”

This is a better look at the situation on the other side of the border.

Remember, in 2005, the Israeli army withdrew and dismantled all settlements in the Gaza Strip. Then, the terror group Hamas was elected as the Palestinian government in Gaza. There are no Israelis on that side.

Palestinians have been burning tires at the Israeli border — more than 10,000 last Friday alone — at the Israeli border, “to obscure the vision of the security fence separating Israel from Gaza so that Israeli troops could not not see infiltrators into the land,” according to The Daily Wire.

This video, in which you see that thick black smoke, is less than a minute long.

Then — get this! — “A spokesman for the Palestinian Transport Ministry complained of the ensuing shortage of tires, demanding that Israel supply more.”

Muhammad Hamdan: “We have been informed by the Israeli side that imports of tires have been halted until further notice. There is no doubt stopping tire imports will have a negative effect on Palestinians in Gaza especially considering there is a shortage of them there. We are going to exert all efforts so that Israel reverses its decision.”

The Times of Israel is reporting the Hamas-run Gazan health ministry claims, “The Israel Defense Forces has so far killed 30 Palestinians in border clashes over the past two weeks.”

The paper reports, “One was apparently shot in the torso while wearing a ‘press’ vest and filming in an area engulfed in thick black smoke caused by protesters setting tires on fire.”

Yet yesterday, I rebutted a friend who posted this on Gacebook.

fb0

I think I used the phrase “war is hell” recently. It applies here too.

fb1
https://unitedwithisrael.org/arabs-on-social-media-slam-hamas-protests-defend-israel/

Then, I got into an argument with some self-hating Jewish stranger on that string.

fb2

It’s almost 8pm in the eastern United States. That makes it the middle of the night in Syria. The timing is perfect, as I remember from the First Gulf War, Operation Desert Storm.

I’m no military expert, but want to know why President Trump hasn’t retaliated against Syria for its “apparent chemical attack in the suburb of Douma at dusk on Saturday,” as The New York Times put it.

map Duma Douma Syria

— The Times says there’s still much “unclear or unconfirmed about the attack” and that includes what could happen in the future involving other countries, namely Russia.

— In the meantime, The Gray Lady reports, “Syrian government forces prevent access to Douma for journalists, aid workers and investigators.”

— It says several independent medical and rescue groups report, “About 500 people … had symptoms consistent with a chemical attack: burning eyes, breathing problems and white foam coming from their mouths and nostrils.”

— The World Health Organization said, “About 70 people died while sheltering in basements” and “Of them, 43 had signs of being exposed to ‘highly toxic chemicals.’”

— According to medical and rescue groups, “Videos circulated by anti-government activists showed graphic images of families sprawled out in their homes, dead from apparent suffocation. A stream of victims rushed into clinics on Saturday.” You probably saw some of it on TV, as did I.

— The next day, Sunday, “Thousands of rebel fighters in Douma agreed … to hand the area over to the government and be bused to an area outside the government’s control in the country’s north.”

That’s all considered confirmed.

But The Times reports, “The state news media in Syria denied that the government had used chemical weapons, and accused a rebel group of fabricating the videos to drum up international support.” Russia and Iran agree. The U.S. and its allies don’t. The United Nations hasn’t decided and members disagree on how to investigate.

The U.S. is still trying to figure out what was used, or whether the attack “was launched by the Syrian government or forces supporting the government.” I wonder, does it really matter?

And who knows what President Trump is going to do, despite these tweets this morning?

His next tweet also mentions Russia, but for a different reason. Is that telling?

This is far from the first time chemical weapons have been used in the Syrian civil war. The Times says it started in August 2013, there ave been several types of chemicals and it “has shown no signs of abating.”

The Times remembers, President Trump’s response to an April 2017 attack that killed dozens of people in Khan Sheikhoun, in northern Syria, didn’t work. He ordered a military strike against the airfield where the weapons were launched, but that had little practical effect. The monitoring group The Syrian Observatory for Human Rights said Syrians were using the airfield again within 24 hours.

So limited strikes don’t work, “but stronger responses carry significant risk of escalation,” according to the paper. Escalation could cause the collapse of the Syrian government, which I think sounds good “but could prolong the war and sow chaos for millions of Syrians. It could also invite a direct military confrontation with Russia, which warned that it would shoot down any missiles.”

President Barack Obama Official White House Photo
Official White House Photo

But something has to be done. President Obama doing nothing after drawing a “red line” was an embarrassment to America and a disgrace to the free world.

It seems “the Obama administration’s determination to close the Iran nuclear deal is to blame for the failure to act on its own red line in Syria.” In case you haven’t realized, I wasn’t pleased with President Obama on the Middle East, I don’t trust the Iranians (and the Arabs don’t either, except Syria) and I had higher hopes for President Trump on the Middle East issue.

Business Insider reported over the summer of 2016, months before the presidential election, the information came from “Wall Street Journal reporter Jay Solomon, who … wrote a book called ‘The Iran Wars.’

He told MSNBC,

“When the president announced his plans to attack [the Assad regime] and then pulled back, it was exactly the period in time when American negotiators were meeting with Iranian negotiators secretly in Oman to get the nuclear agreement.

“US and Iranian officials have both told me that they were basically communicating that if the US starts hitting President Assad’s forces, Iran’s closest Arab ally … these talks cannot conclude.”

And the Islamic Revolutionary Guard Corps reportedly “would not accept a continued engagement with the US if its closest ally was being hit.”

Click here to watch Solomon on Aug. 22, 2016’s Andrea Mitchell Reports.

jay solomon wsj

According to Business Insider, “Ned Price, spokesman for the White House’s National Security Council, denied that US policy on Syria was a part of the Iran nuclear talks.” I don’t think there’s any good excuse for not doing anything.

The magazine was able to look back four years, from 2012 to 2016.

It said in 2012, President Obama said

“his red line with the Assad regime would be the use of chemical weapons. Later that year, Assad’s forces killed nearly 1,500 people in a chemical-weapons attack.”

It also reported,

“Obama gave The Atlantic several reasons for not enforcing the red line — uneasiness about a strike against Syria not being sanctioned by Congress, a lack of support from the international community and the American people, the possibility that the intelligence on the chemical-weapons attack wasn’t 100% solid.”

Still no excuse if you draw a red line.

Business Insider concluded,

“The Iran deal is thought to be the crowning foreign policy achievement of the Obama administration, and experts have speculated previously that his determination not to compromise the deal affected his policy on Syria.”

For one, I’d like to see Assad’s palace turned into rubble. It would be a form of punishment and create a lasting impression for anyone considering sing chemical weapons yet again.

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Your JOB is to read well past the headline

OK, I may be a day late (and I’m definitely a dollar short, these days), but I read three articles on jobs, yesterday morning — on companies we all know — and they were a whole lot different when I read between the lines.

dollar treedollar general

First, Yahoo reported in “Dollar Stores hammered by Trump proposal to abandon food stamps” how shares of Dollar Tree and Dollar General, which it owns, dropped Monday because of President Trump’s proposed budget.

The share drop may be true and abandoning SOME food stamps may also be true, but there’s a lot more to the story.

(Only picky eaters like me would starve if I was part of the program.)

generic newspaper

Trump wants to reduce food-stamp benefits and Yahoo calls it, “Potentially one of the biggest shake-ups in the history of the Supplemental Nutrition Assistance Program, or SNAP,” which is what we used to (or still) call food stamps.

Donald Trump squeeze money

But it shouldn’t be as bad for the poor as you may think at first. The plan is to cut cash payments and substitute the money for packages of actual food.

How many of you ever wondered what the person ahead of you in the checkout line was doing buying “that” with food stamps? The president’s plan should put that question to rest.

food stamp signfood stamps

Nearly 42.2 million people reportedly got food stamps during the 2017 fiscal year. Those receiving more than $90 a month would get a food-aid package including shelf-stable milk, peanut butter, cereal and meat.

usda logoOf course, many of Dollar Tree and Dollar General’s customers are the least wealthy and getting food means they won’t have to (or be able to go out and) buy what they want anymore. With the government’s buying scale, they may even get more.

One analyst Yahoo quoted said those stores “have signaled that food stamps account for roughly five percent of sales,” but the whole grocery industry could be affected.

 

The plan to overhaul SNAP would save a projected $214 billion over a decade.

barnes and noble

Next is a store — no, make that an industry — that has been in trouble for years: book stores. CNBC’s headline is “Barnes & Noble cuts staff after dismal holiday season” and none of us should be surprised, considering competition from Amazon.

Unless you need a book right away — right, students? – you can probably go online and get it (along with everything else Amazon sells) cheaper, and delivered right to your door.

kid readingkids reading

That’s great, but not for booksellers. Employees are often experts but now the chain is reportedly laying off lead cashiers, digital leads and other experienced workers, company-wide. In fact, many of them showed up for work Monday and were told they no longer had a job.

Way to go, Barnes & Noble! That’ll do well for the psyche of your remaining employees, who know they don’t have many similar jobs available.

borders books

CNBC reported, “The number of affected workers couldn’t immediately be determined” but we know there are way fewer stores than there were years ago, too many people living far from one, and Borders? Forget it. Dead since the end of 2010. That stinks on every level.

Whose parents didn’t take them to the bookstore as a kid, just to browse or even choose something you’d want? That’s practically just a memory.

The business channel called consumer spending “generally strong this holiday season” but Barnes & Noble holiday sales fell more than 6 percent from the year before.

walmartAmazon isn’t only competition online. It — with its low-price reputation — is also opening up more of its own bricks-and-mortar bookstores.

Then there’s the self-proclaimed low-price leader. Walmart is not just stealing “a larger share of the books market.” It’s “planning to make a massive push in selling e-books and e-readers on Walmart.com later this year.”

If only literacy and education were the goals of these big American companies. Shareholders, rejoice!

amazon

And speaking of Amazon, CNN’s headline was “Amazon lays off hundreds of employees” but that doesn’t make sense at all considering its seventh paragraph:

“It appears the company isn’t looking to reduce its overall headcount. It currently has 3,900 open corporate job listings in Seattle and 12,000 open positions worldwide, which point to the company’s ‘aggressive’ hiring plans.”

firedSo what’s really going on?

According to CNN’s source, “The majority of the layoffs are affecting the company’s Seattle headquarters, but some global teams may be affected as well.”

Online retail operations are expected to be hit the hardest and employees are already being notified.

usps amazon

But I thought Amazon was doing very well, especially when it came to the holiday season and stealing so much of the book business from Barnes & Noble.

It absolutely is.

Apparently, Amazon has “aggressive” hiring plans even after adding 130,000 jobs in the past year (not including the new ones from Whole Foods). It has 3,900 open corporate job listings in Seattle and 12,000 open positions worldwide. That 12,000 figure doesn’t come close to including workers at the company’s second headquarters — which Philadelphia made the top 20 in landing.

usps pkgAmazon said, according to CNN, “HQ2 will cost a minimum of $5 billion to construct and operate, and will create as many as 50,000 jobs.” That’s way more than 12,000.

How well is Amazon doing? It reported nearly $2 billion in profit in its latest quarter from the holiday shopping season. That’s not only the largest in its history but the first time it topped $1 billion in a quarter!

But what about those employee layoffs in the headline and how readers were supposed to feel? Amazon said in a statement sent to CNN:

“As part of our annual planning process, we are making headcount adjustments across the company — small reductions in a couple of places and aggressive hiring in many others. … For affected employees, we work to find roles in the areas where we are hiring.”

whole foods market

So now, with Whole Foods in its arsenal, we’ll see what Amazon will be able to perform next. Maybe get the government contract on those food-aid packages that are replacing SNAP/food stamps. I’d count out producing pink slips!

perkins lenny come to work
Thanks to Leslie for finding this!

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