Difficult week, from anger to sadness, as election approaches

I don’t remember a seven-day period like the time since last Saturday. That’s when I woke up, turned on the TV, and saw what was happening in Pittsburgh. I got very angry and couldn’t stand to hear anything about it after two hours.

It took until Wednesday for the anger to turn to sadness. I had my class and other chores to keep me occupied, along with a lot of sleep. (I can never get enough of that.)

Only Thursday, did I watch a local newscast. I haven’t seen national news or cable in a week. I mostly got information from your comments and posts on Facebook. I know it’s not good, but I have reliable friends whose politics I know.

Last time, I mentioned my family in Squirrel Hill, how I’d been there several times, and showed you a tweet about my cousin Jordan (my father’s sister’s son) who helped provide grief counseling and relief.

Here he was on Tuesday, talking to CNN’s Anderson Cooper:

Later, he wrote,

“Such a horrible few days here. At least the media is giving us an opportunity to talk about the important work that JFCS does to help the community recover.”

Terrific job by Jordan and also the media.

So we don’t forget, the victims wereFEATURE tree of life synagogue
Joyce Fienberg, 75;
Richard Gottfried, 65;
Rose Mallinger, 97;
Jerry Rabinowitz, 66;
Cecil Rosenthal, 59, and his brother
David Rosenthal, 54;
Bernice Simon, 84, and her husband
Sylvan Simon, 87, who were married in the same synagogue in 1956;
Daniel Stein, 71;
Melvin Wax, 88; and
Irving Younger, 69.

JFCS’ website says you can support the injured victims of terror and loved ones of the deceased. Click here to help by credit card or mail a check, payable to Jewish Federation of Greater Pittsburgh – Fund for Victims of Terror, to:

Jewish Federation of Greater Pittsburgh
234 McKee Place
Pittsburgh, PA 15213

You can also write an online letter to the bereaved and injured families. The letter you submit will be compiled in books and shared with each family.

I’m going to continue what I started in my last post, which is letting you, and the thoughts you posted, help me share my feelings.

Friends were gung-ho over Pittsburgh’s sports teams stepping up immediately to offer their condolences, and even change their logos!

FB Penguins

Oct. 30: Pittsburgh sports and community unity

Monday morning, I didn’t want to watch news from Pittsburgh. I got up earlier than usual and turned on a show I never do: one I figured would focus on politics alone. And they did. And it reconfirmed why I don’t watch.

I’ve grown up hearing, “Be safe on the campaign trail” – and generic stuff like that, which anyone should agree on – but nothing that would cause a viewer to think a supposed journalist has an opinion on a candidate for any office.

texas ag

About Lou Dobbs: First, he puts his positions in the ring and openly takes sides. Second, I normally wouldn’t ask, but after what you just read and heard, are there any psychologists or psychiatrists – professional or amateur – who want to give opinions in the comments section at the bottom?

Oct. 25: Fox Business Network host Lou Dobbs peddles conspiracy theory about suspicious packages

Oct. 28: Lou Dobbs is too extreme even for Fox Business News

Oct. 29: Fox bans Lou Dobbs’ guest over George Soros conspiracy theory

Nov. 1: Lou Dobbs laughs at Fox’s effort to restrain anti-Semitism on his show

I should say I’m not for anyone deciding they want to enter this country whenever and wherever they want. Every country needs secure borders, and not like the Communists kept people in. These people from Central America, who I showed Paul Krugman calling “unarmed desperate migrants” last time, are apparently walking all the way through Mexico – bottom to top – set on entering the U.S. I don’t know who they are; just supposedly where they’re from.

But I would suggest “real refugees” would go anywhere they could go if they were so desperate. I have relatives I never got to meet who would’ve done that, just less than 80 years ago. There are other countries around, and groups trying to make a point do not seem legitimate to me.

Individuals hoping to apply for asylum may not be doing themselves a favor by being part of that.2005 Obama Farrakhan

Oct. 29: Asylum seekers v. Trump

Speaking of watching who you’re seen with:

Feb. 6: Could this long-lost photo have derailed Obama’s 2008 campaign? (Photographer Askia Muhammad kept the 2005 photo for himself for 13 years. The image might have fueled the Obama/Muslim narrative, but we know he went to church and listened to Rev. Jeremiah “G-d damn America” Wright for 20 years.)

Feb. 13: Keith Ellison says he attended Iranian president’s dinner to advocate for captive American

June 13: Chicago Dyke March returns after clash last year became international news (The alternative to the Chicago Pride Parade announces its solidarity with Palestine after a controversy broke out involving pro-Israel marchers in 2017. Separately, Philadelphia Gay News publisher Mark Segal emailed me after I thanked him for the part of his Oct. 11 column I underlined below. I mentioned the progressive movement turning so anti-Israel.

2018-10-11 mark segal mark my words

“You’ve mentioned your progressive grandmother took you to rallies when you were younger. Times are different, but I wonder what she would think these days.”

He responded, “It’s a frustrating point for me.”)

Aug. 6: Cory Booker outs himself as a political lightweight

warren booker
Sen. Elizabeth Warren (D-MA), with Linda Sarsour at the left, as if she couldn’t rally with anyone else. Sen. Cory Booker (D-NJ) getting outsmarted by members of Netroots Nation. That group will be holding its next conference here in Philadelphia, July 11-13, 2019.

Sept. 10: Alan Dershowitz: Why did Bill Clinton share the stage with Louis Farrakhan? (At Aretha Franklin’s funeral, along with Jesse “Hymietown” Jackson and MSNBC’s Al “diamond dealers” Sharpton. Rev. Sharpton used that phrase about Jews in his eulogy of Gavin Cato, 7, killed in the 1991 Crown Heights car accident. He also said, “It’s an accident to allow an apartheid ambulance service in the middle of Crown Heights.” A banner displayed at the funeral read “Hitler did not do the job.” Riots followed and may have been the reason Rudy Giuliani beat Mayor David Dinkins in his bid for reelection. Giuliani said,

“You can use whatever word you want, but in fact for three days people were beaten up, people were sent to the hospital because they were Jewish. There’s no question that not enough was done about it by the city of New York. One definition of pogrom is violence where the state doesn’t do enough to prevent it.”

According to Wikipedia,

“Use of the word was rejected by Dinkins and his supporters, primarily on the basis that a pogrom needs to be state-sponsored.”

Brandeis University historian Edward S. Shapiro later called the riot “the most serious anti-Semitic incident in American history.” Unfortunately, it seems that has now changed.)

i am jewish

In my last post, I described Linda Sarsour as someone “who comes as close to being the devil as any American.” It was to show how the Democratic Party is quickly turning to the left (I believe too far) and how current officeholders aren’t counseling Democratic candidates on the fringe about the issues. I used two senators as examples of being used by her supporters.

That and extreme left-wingers under her spell reminded me of the phrase “useful idiot,” which has often been attributed to Vladimir Lenin, but may not be the case.

Now, she’s “sending love to our Jewish family,” according to her tweet. An organization “devoted to promoting accurate and balanced coverage of Israel and the Middle East” criticized a left-wing Israeli paper for reporting “reactions from high profile Israelis with a quote from ‘American Palestinian Women’s March leader Linda Sarsour.’”

Haaretz’s inexplicable inclusion of Sarsour’s condemnation of the synagogue massacre alongside those of Israeli leaders is puzzling. Moreover, the paper’s failure to note Sarsour’s bear hug of (Louis) Farrakhan, ‘the pied-piper of hate,’ is downright reprehensible, and gives a false hechsher (kosher stamp) to a purveyor of anti-Semitism.”

These tweets are still up:

But this tweet, published by Haaretz and reprinted in this article, was taken down for some reason. Your guess is as good as mine.

2018-10-28 sarsour

But earlier in the month, Women’s March leader Linda Sarsour launches racial attack against ‘white woman’ Susan Collins. The Washington Times reported Sarsour called Collins

“guilty of espousing ‘white supremacy’ with her decision to support the Supreme Court nomination of Judge Brett Kavanaugh.”

This all reminded me of an article from March, 2017: Should We Remember Linda Sarsour for Good? In it, read all about her up to that time including

“supporting BDS (Boycott, Divestment, Sanctions) and tweeting that ‘nothing is creepier than Zionism.’ Unsurprisingly, she supports a one-state solution: all Palestine, no Israel.”

The point of the article was that

“When a Jewish cemetery in St. Louis was vandalized, Sarsour spearheaded a crowdfunding campaign with other Muslim activists to repair the damage. More than $125,000 was raised – more than necessary for the project – and Sarsour committed to donating the excess funds to other Jewish sites damaged by vandalism. Sarsour said that the project was intended ‘send a united message from the Jewish and Muslim communities that there is no place for this type of hate, desecration, and violence in America.’”

But at the same time, Sarsour

“declared that feminism and Zionism are incompatible.

“‘You either stand up for the rights of all women, including Palestinians, or none. There’s just no way around it,’ Sarsour said in an interview with The Nation.

“This came as quite a surprise to thousands of Zionist feminists. (And, of course, Sarsour singles out the country in the Middle East that has female ministers of Parliament, equal rights and reproductive rights, rather than any countries where ‘honor killings’ are overlooked, rape victims are executed for ‘adultery,’ and women can’t go out unsupervised or drive, but whatever.)”

The author compared Sarsour to a character in the Purim holiday story who switched sides, from evil to supportive, because he was an opportunist rather than an altruistic ally.

“We remember Charbonah for good because he actually switched sides. Even if it was self-serving, he came around. … Sarsour, on the other hand, is still the same. I’ll publicly thank her for fundraising to repair the desecrated cemetery – even if it was a PR stunt, it was a good thing to do.”

But she doesn’t get remembered the same way because she stayed the same person.

A few months later, the same author wrote an article in the same publication called Protest, But Protest Wisely. Sarsour played a minor role in that.

“Musician Courtney Love Cobain was in a Twitter war with Muslim activist Linda Sarsour, saying that Sarsour had raised $80,000 for the victim of an alleged Islamophobic attack that had been proven never to have occurred. According to Cobain, Sarsour had jumped all over a convenient hot-button cause, bringing her followers along for the ride, facts be damned. (The parallels to Reverend Al Sharpton and the Tawana Brawley case are evident.)”

You can see what’s planned in this flyer. Look specifically at this:

sample muslim question

In fact, Michigan’s August primary had her tweeting up a storm.

Then, there’s Temple University Prof. Marc Lamont Hill, who’s also a CNN political commentator. He wrote an Oct. 30 article, The Pittsburgh Temple Shooting Was Terrorism. Here’s How We Can Heal.

But he also wrote on May 17, 7 Myths About The Palestinian-Israeli Conflict

(“4. Palestinians keep turning down fair deals: This argument wrongly presumes that any deal that includes the sharing of stolen land with the victims of said theft could be fair. …
6. Israel has a right to exist! (His exclamation point.) This claim is a product of U.S. and Israeli hasbara, a term for propaganda.”)

And he tweeted out this:

But he also tweeted out and/or is featured in these:

(That’s Students for Justice in Palestine.)

What are we to think with such mixed signals?

There are journalists (or journalists-in-training) who don’t know how to cover a tragic situation. Take Royce Jones of WTRF in West Virginia, not too far from Pittsburgh, and the two tweets he posted.

FTVLive’s Scott Jones did a story on the first one, and I tweeted back to young Royce, with tips.

Then, I saw picture number two, let him know what I thought, and he blocked me from his professional Twitter account!

Royce blocked Lenny

But I got in the last words about being a journalist, asking questions, accepting responsibility and learning.

But he just started Aug. 31, according to his “official” Twitter feed. I know because he calls it @RoyceJOfficial.

royce official

He’s expecting to graduate from college sometime in 2020. That’s a long time away. More than a year. It shows. He has a lot to learn, like not blocking people with experience from encouraging and teaching him.

For now, he reminds of the person who wrote to the WCYB Facebook page while I was digital media manager and asked:

pls take it down

Just don’t go to his website. There’s something wrong, and it looks like it’s coming from the Far East.

royce bio

I’m going to offer you links to other pertinent articles I’ve been collecting since even before that dreadful day, for an election post. Hopefully you’ll find an article or two that speak to you. Some have themes I discussed in the last post. Some are news and some are opinion.

Please don’t blame the messenger if there’s something you don’t like. Just let me know if you see something you think needs to be corrected IN THE COMMENTS SECTION BELOW. (In fact, if you saw this on social media or someone sent it you, PLEASE subscribe to the blog. I always update posts in the comment section – check around! – and I’m the only one commenting there.)

Aug. 26: America Soured on My Multiracial Family (When my wife and I adopted our daughter from Ethiopia in 2010, we did so full of hope. In the years since, we’ve faced ugliness that has robbed us of our optimism—and left us fearful for the future of our country.)

Sept. 5: I survived the Warsaw ghetto. Here are the lessons I’d like to pass on

Sept. 7: Farrakhan demeans Aretha’s gospel of respect (includes leaders of the Women’s March, including Linda Sarsour)

Oct. 15: Little Partisan Agreement on the Pressing Problems Facing the U.S.

Oct. 20: Early voting hints at huge turnout

Oct. 21: The “fake news” fix 

Oct. 23: Millions Have Voted Early in the Midterms. Here’s What That Means — and What It Doesn’t.

Oct. 23: Voter registration increases rare for Pa. midterms and show voter excitement, experts say

Oct. 23: ‘We’re going to have a big turnout’: Pa. absentee ballots spike for midterm election

Oct. 23: Politically Uncorrected: The New Normal in Politics (about Pennsylvania and President Trump)

Oct. 25: The connection between hateful rhetoric and terrorizing acts is glaringly obvious, but some refuse to see it (Nothing could be clearer than “the Trump effect” but the hyperpartisan reaction muddies the water.)

Oct. 25: (VIDEO) The Republicans just admitted it: They want to cut Medicare, Medicaid and Social Security to fund MORE tax cuts for the wealthy.

Oct. 25: Newt Gingrich says media has “earned” the label “enemy of the people”

Oct. 26: Facebook removes accounts tied to Iran for disinformation

Oct. 27 was last Saturday’s murders

Oct. 27: Shaking My Faith in America (NY Times opinion piece by Howard Fineman, NBC News analyst and journalism lecturer at the University of Pennsylvania, who grew up attending Pittsburgh’s Tree of Life synagogue.)

Oct. 28: Muslim Groups Raise Thousands For Pittsburgh Synagogue Shooting Victims (Let’s hope these are genuinely good people and not like Linda Sarsour.)

Oct. 28: Trump’s Attacks on the News Media Are Working (The journalism industry wasn’t built to withstand the torrent of unsubstantiated claims coming from @realDonaldTrump and elsewhere.)

Oct. 28: Fox News and the rest of the right-wing media can’t escape responsibility

Oct. 29: On a very dark day, KDKA-TV news shined with its coverage (Notice the headline didn’t say it was better than the other two local news stations. The newspaper may have gotten details because it has a partnership with this station. Still, it’s a very good look at how TV news works. I should point out Pittsburgh is the largest TV market where the Fox affiliate, which happens to be owned by Sinclair, doesn’t produce its own news. Instead, it carries a 10pm newscast produced by the competition. Also notice how the most reliable people have been at this station – or any other – for many years and have the best sources. They should be respected and valued as they age, and not get pushed out the door by cheapskate companies.)

Oct. 29: A Sad Saturday, Helped by Solid TV Journalism

Oct. 29: On Social Media, No Answers for Hate (Despite efforts against hateful and false content, those posts and videos are thriving. One Instagram search produced nearly 12,000 posts with the hashtag “#jewsdid911.”)

Oct. 29: Believing “All Jews Should Die”

Oct. 29: Rep. Steve King: Members of Nazi-linked party in Austria ‘would be Republicans’ if they were in US

Oct. 29: Voter suppression is a crucial story in America, but broadcast news mostly shrugs (With midterm elections next week, the networks remain obsessed with disasters — and all things Trump.)

Oct. 29: Eleven martyrs – What now?

Oct. 30: How to Fight Anti-Semitism (Anti-Semitism is part of an age-old hatred of the Jewish people, not merely a byproduct of Israeli policy.)

Oct. 30: N.J. Holocaust survivor: I worry Kristallnacht could happen again (Fred Behrend’s father was among 30,000 Jews arrested for transport to concentration camps.)

Oct. 30: ADL letter against Rep. Steve King

Oct. 30: After Pittsburgh, We Need a Coalition of Conscience

Oct. 30: The ones who didn’t hate

Oct. 30: The media battle over radicalization

Oct. 30: Anger At Media Spreads Into Local TV (While President Donald Trump’s attacks on the media are usually centered on national outlets like CNN and The New York Times, the attitudes unleashed have filtered down to journalists on the street covering news in local communities across the country.)

Oct. 30: Paul Ryan: Trump “cannot end birthright citizenship” with executive order

Oct. 31: Trump doubles down on terminating birthright citizenship

Oct. 31: The split decision over the past week

Oct. 31: Pittsburgh, and the nation, mourn

Oct. 31: How a lie about George Soros and the migrant caravan multiplied online

Oct. 31: Hillary Clinton joke saying that Black folks ‘all look alike’ falls flat

Oct. 31: Why Mike Pence’s prayer with ‘Christian’ Rabbi Loren Jacobs was so insulting to Jews

Oct. 31: ‘It’s disturbing’: Fox News anchor slams Trump’s anti-media rhetoric (Martha MacCallum says it’s wrong for the president to label journalists ‘the enemy of the people’)

Nov. 1: Eleven empty chairs

Nov. 1: American Jewry’s false prophets

Nov. 1: Jews in Pennsylvania Take Up Arms After Pittsburgh Attack

Nov. 1: Trump says supporters demand his red-hot rhetoric

Nov. 1: Rep. Steve King erupts at comparison to Pittsburgh suspect: ‘Do not associate me with that shooter’

Nov. 1: Parallel Universe: Fake (migrant invasion) news

Nov. 2: Israeli Cabinet Minister Challenges Propaganda on Trump and Anti-Semitism

Nov. 2: “Left-wing Jews blaming Trump for synagogue massacre are dishonoring the dead”

Nov. 2: Where early voting has exceeded 2014 totals

Nov. 2: Michael Cohen: Trump said ‘black people are too stupid to vote for me’

Nov. 2: FNC’s Ainsley Earhardt Gets Heat for Comment On Trump And Press (The supposed journalist said President Trump is suggesting, if the press doesn’t want to be called an enemy of the people, it should report the news the way he wants it. Yeah, politicians editing the news, rather than journalists keeping tabs on the politicians!)

honest politician

Nov. 2: Ana Navarro Finally Named ‘The View’ Friday Co-Host (Or, as one network put it: “ABC News’ The View added CNN’s anti-Trump conservative Ana Navarro as a regular guest host on Fridays when moderator Whoopi Goldberg is given the day off.”)

ana navarro

Nov. 3: Here’s what Trump can expect if the Democrats take the House (Most pollsters expect the US House of Representatives to slip out of Republican control with the election of a new Democratic majority, while the Senate, they say, will remain in the GOP’s hands.)

Nov. 3: What I’m watching on Tuesday

Nov. 3: Crystal ball watch

Nov. 3: How to watch election night: The Axios 8

Nov. 3: Where the money is going

Nov. 3: The gender gap in 2018

Nov. 3: Don’t give up on millennial voters just yet

Nov. 3: Corporate America leans GOP in 2018 midterms

Nov. 3: The no-lose scenario for stocks

There are other links in my last post.

I’d be remiss if I didn’t show you yet another email I got Friday afternoon, thinking I’m a Florida voter and telling me “How to vote for Florida’s Jewish community.” That was the subject line, and Florida’s Jewish community should be insulted this “goody two shoes” thinks he knows better than everyone else. How about a debate? I wrote about this less than a month ago and can’t stand people telling me how to vote, especially if it’s in their own special, narrow interests.

2018-11-02 ajacob

It looks to me he’s getting desperate, because besides rejecting free public school, he’s not sticking to his issue. He wrote less about the cost of education, more about foreign affairs, and for the first time, the state’s economy!

He ought to be happy the governor, who he wants to be senator, “ordered enhanced security for religious institutions and additional security funding for Jewish day schools in the wake of” Pittsburgh. Don’t you think?

Yes, these are tough political times and would be even if the Pittsburgh massacre hadn’t happened. People are finding out what their supposed “friends” really think and are dropping them from Facebook. It especially hit home when friends of mine, who don’t even know each other, got personal over I post I’d written. In one case, I had to delete some uncalled for remarks on both sides.

But even I got a little touchy and had a moment I felt I had to apologize to a stranger on a mutual friend’s post, about a Florida synagogue’s invitation to a gubernatorial candidate. (So glad I don’t have to decide down there!)

lenny apologizes

That was on Oct. 26. I underlined what had set me off, and added that last article link days later. In fact, I linked to it in last week’s post.

So maybe a kinder, gentler Lenny will come out of all this, or maybe not. Always gotta learn and improve, but stay true to myself.

love your neighbor

I’ll end by reminding you to “fall back” this weekend (turn the clocks you still control back an hour), but we can’t afford to fall back to old times – whether in this country or elsewhere – anymore.

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. Don’t rely on social media with its hacking issues and censoring like thisthis and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

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Cher’s surprise: Stopping by The Cher Show while it gets ready for Broadway

Hi! This is Lenny with the first of what I’m hoping will be regular guest columns. Just use the contact form to let me know if you write up something you’d like to share here. I’ll be happy to post it if the work is all yours and may appeal to the audience. Then, you’ll have something published on the internet! This review was originally written for Cabaret Scenes.

Feature Cher Teal Wicks Stephanie Block Micaela Diamond from Todd
(L-R) Teal Wicks, Stephanie J. Block and Micaela Diamond. Photo: Todd Sussman
Cher Wikipedia
Wikipedia file

I’m not going to lie. After the real Cher made her entrance from the back of the Oriental Theatre to thunderous applause (you see, they forgot to dim the house lights) and took her center orchestra seat, I was a bit distracted as Act II began. Sonny & Cher was the first act I ever saw in concert, and I have followed Cher’s career from the early television days to Las Vegas to the Broadway stage to the Oscar win to the farewell tours. Now this iconic, charismatic, beautiful, compelling presence (who is not only the subject of the show but also its most famous producer) was watching her story unfold just a few rows behind me, and I had to look back to read her face, if only for a few moments. Who wouldn’t look back?

A second device that takes a bit more time to warm up to is the re-imagining of the multitude of Cher’s greatest hits as they are placed in the mouths of other real-life characters. Sometimes this works, for example, when Gregg Allman (Matthew Hydzik) duets with Lady on Just Like Jesse James. Sometimes, it is too much of a stretch, like when Cher’s mother Georgia (Emily Skinner) sings Half-Breed. The audience showed the most love when the hits stayed with their originators. Sonny and Babe singing their signature I Got You Babe was easily an Act I showstopper. Jarrod Spector, who recently played music man Barry Mann in Beautiful – The Carole King Musical, is an instantly winning Sonny and gives a standout performance. Skinner as Georgia is also the perfect sounding board, support system, and moral compass in the mother role.

Sonny Cher Wikipedia 1971
Wikipedia file from 1971

Scenic designers Christine Jones and Brett J. Banakis pay homage to the memorable studio set where Sonny & Cher’s hit TV series first took flight, with the recurring circular logo bearing their faces and bringing us back to the 1970s. Here’s one suggestion that may add some expense to the budget, but would be well worth it. In Cher’s 1975 solo TV outing, she opened each show by strutting down a moving runway that delivered her into the audience. The runway has not been resurrected for this Chicago run. Please bring it back, pronto.

The truly unbeatable eye candy of The Cher Show is the extravagant fashion parade of famous costumes designed by Cher’s long-time designer, Bob Mackie, each one more elaborate and glittery than the next. You can’t have a show about Cher without sequins, feathers and color saturation, and these costumes are surefire crowd-pleasers. By the way, Mackie designed all of this show’s costumes; it isn’t too often that the designer is also a character in the show. Michael Berresse as Mackie has fun one-upping the censor with his daring, sexy, and ratings-boosting creations.

Act II feels a trifle less organic as the three Chers narrate her real life’s second act trials and tribulations – tackling Broadway, finding her audience as a serious film actress, and eulogizing Sonny. However, throughout both acts, Elice and director Jason Moore do an insightful job of capturing Cher’s relationships with her three primary love interests: Bono, Allman, and Rob Camilletti (Michael Campayno). They spotlight the built-in conflicts and drama—the struggles, respectively, of being married to a business partner, married to a drug addict, and dating a much younger man who cannot fathom the fishbowl existence of a megastar.

cher show poster
Poster for The Cher Show in Chicago. Photo: Todd Sussman

With so much story to tell, this glossy production opts to gloss over (or altogether ignore) some of the more personal events that made the headlines. Cher’s early grappling with her daughter Chastity’s sexual orientation and subsequent transgender status is left unaddressed. Similarly, even hints of Cher’s political activism (and frequent tweets) are nowhere to be found.

However, The Cher Show is packed with enough music and storyline to keep an audience absorbed. One Act II keeper is the presentation of chart-topping dance hit Believe as a reflective and melancholy ballad, giving Block another chance to demonstrate her vocal and acting chops. Of course, it’s the full-fledged, feel-good original dance version (appearing for the bows) the audience is clamoring for. This musical’s honest and outspoken subject has already admitted to some needed tinkering prior to the Broadway debut. But I think a large portion is already good to go.

Tickets for The Cher Show are on sale now. Previews at the Neil Simon Theatre (250 W. 52nd Street, New York) will begin Nov. 1, with an opening night slated for Dec. 3.

Click here to see the review as written for Cabaret Scenes.

todd pic

Todd Sussman is a graduate of Columbia University, where he studied journalism and film. A longtime entertainment writer, he is the author of the Blockbuster Video books, The Greatest Movies of All Time and The Greatest Movies of All Time, Volume 2. He began his writing career as the film critic for The Miami News and soon became the editor of Blockbuster Video Magazine. For his work on the magazine, Todd received an Addy Award for Best In-House Publication, one of several Addy honors he holds. The Walt Disney Company commissioned him to write an interview promoting the film, Who Framed Roger Rabbit (for which Todd wrote the questions as well as the answers, in character as the beloved Roger Rabbit). More recently, he had the privilege of working on two hit projects for Barbra Streisand: Todd is the Liner Notes Editor for Streisand’s 11th number one album, Encore: Movie Partners Sing Broadway, and for the tour program from her acclaimed concerts, Barbra: The Music… The Mem’ries… The Magic! He is also a contributing writer and editor for the international fan publication, All About Barbra. In 2016, Todd edited the booklet for Capitol Records’ prestigious compilation CD, A Capitol Christmas. He reprised that role for A Capitol Christmas Volume 2 in 2017.

Click here to see The Chicago Tribune‘s interview with Cher.

cher chicago

Sinclair sinks, Trump’s temper, Cox’s cash value

There’s something to be said for waiting before starting to write. That’s not my nature. I want to get things out first. I type very well but nobody can do it as quickly as my brain, so I often dictate into a phone and email myself. Then, I make any corrections and additions, and create the graphics and email preferences.

But this saga of Sinclair Broadcast Group trying to buy Tribune Media that has been going on for more than a year and suddenly failing last week – supposedly failing – is full of interesting details.

NO sinclair tribune

I wrote about a lot of them, Tuesday night. That was mostly background. You know how little I admire Sinclair and the people who run it. Tonight, you’ll see exactly what went wrong for the deal and what I think should be done. Let’s just say what went wrong could’ve been a lot of what I wrote Tuesday night!

I’m going to suggest starting by reading that last post, if you haven’t. It gives a lot of background about why Sinclair is so despised – that I’ve written about for months but conveniently put in one place – so there’s no sense repeating it here.

cox media group

But first, the latest, and that’s Cox Media Group – one of the best corporations owning TV stations out there, and a private one – is exploring putting itself up for sale.

Yesterday, FTVLlive’s Scott Jones got a secret copy of the talking points Cox managers are supposed to use while talking to employees. Let’s face it, “talking points” is another phrase meaning public relations. In other words, they’re trying to convince the workers to keep working extra hard because everything is going to be great! (I hope you used your best Tony the Tiger when you read that.)

Of course, that’s not how employees are feeling. When your company suddenly sets itself up to be bought, there is lots of uncertainty. You know spending will go down and jobs will not be filled, so the company’s financials look more attractive. And being bought by another major established company could lead to layoffs. But you know that’s not in the talking points which you can see below in this six-page slideshow.

This slideshow requires JavaScript.

Cox’s 14 TV stations are pretty good and most are highly-rated ones. From left to right, by row, they’re the ABC affiliate in Atlanta; ABC and independent in Orlando; Fox in Boston; CBS in Seattle; NBC in Pittsburgh; ABC and independent in Charlotte; Fox and CBS in Jacksonville; Fox in Memphis; CBS in Dayton, Ohio; Fox in Tulsa, Okla.; and also a “supply-side platform that brings automation and data-driven targeting to the buying and selling of television advertising” called Videa.

cox stations

There are also 61 radio stations, 4 daily newspapers, 11 non-daily papers, 16 digital brands, and one local cable channel.

FTVLive’s Scott Jones also got a market analyst report from Wells Fargo about how much Cox Media may be worth. The answer it gives is $2.65 billion, but consider many factors including the number of willing buyers, whether the stations get split up, and whether Tribune goes back on the market.

wells fargo cox

See Tuesday’s post for a lot more links to, and details on, the rest of Atlanta-based Cox.

So FCC Chairman Ajit Pai was arguably putting himself on the line while supporting the Sinclair-Tribune merger when surprisingly, last week, he said in a statement:

“Based on a thorough review of the record, I have serious concerns about the Sinclair-Tribune transaction. … The evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law. … When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction. Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues.”

How surprising?

Pai embraced the merger so much, he’s under investigation by the FCC’s inspector general for allegedly greasing the wheels by bringing back the UHF discount rule weeks before the deal was announced. That way, the new, larger company could still meet the FCC ownership limit of 39 percent of U.S. households, rather than vastly exceeding them.

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

sinclair before tribune
Sinclair’s reach now, without Tribune

Then yesterday – at an awkward moment for Pai, Sinclair and Tribune – a Washington-based U.S. Appeals Court rejected a challenge to the FCC reinstating the UHF discount that could’ve and could still pave the way for the merger. The three-judge panel was comprised of two President Barack Obama nominees and one President Trump nominee. They dismissed the case on technical grounds without considering its merits, ruling the activist groups that filed suit hadn’t shown they’d be injured by the consolidation at the heart of their case. What this really means is Tribune could be worth more if it pulls out of the deal, because other potential suitors will have more flexibility to make offers. Tribune can leave Sinclair at the alter/chuppah on Aug. 8.

The UHF discount, started in 1985, let companies with UHF (channels 14+) stations only count half the coverage area towards the ownership limit. But that was when there was a big difference between watching channels 2 to 13, and channels 14+. With today’s technology – and cable, satellite and computers added to the mix, and broadcast signals digital rather than analog – the quality looks the same. The rule was ended in 2016, just before the end of President Obama’s administration.

So why bring back the rule last year? For big corporations, up against the ownership limit, urging Pai to reinstate it so they could buy more stations – exactly what Sinclair needed to merge with Tribune.

According to Variety, Commissioner Mignon Clyburn, the sole Democrat on the FCC at the time, warned it would diminish diversity, competition, and localism, and she predicted a wave of mergers and acquisitions.

Variety wrote at the time,

“She showed a chart from Bloomberg showing how major station groups benefit from the discount. The largest, ION Media, reaches 33.7% of the country with the discount, but 65.2% without. Univision reaches 23.6% with the discount, but 44.8% without. When the discount was repealed last summer, station groups were allowed to retain their existing holdings, but they would be forced to divest assets in the event of a merger or corporate takeover.”

tv owner population share

But Pai argued the FCC would start examining the media ownership cap and reinstating the UHF discount would give the FCC a “blank slate.” The examination started in December.

generic tvA year later, in April 2018, Variety reported a panel of appellate judges asked why the FCC reinstated the rule and raised some concerns. Two of the three judges on the D.C. Circuit Court of Appeals also expressed concerns the FCC had restored a rule that was considered obsolete.

According to Variety, Judge Gregory Katsas noted to the FCC’s attorney, James Carr, that while the FCC

“might want to raise the cap,” there was “no reason for thinking at that the end of the day, part of the solution will be keeping the discount.”

“I think that is probably fair, your honor,” Carr replied. He argued that the UHF discount shouldn’t be eliminated without considering its implications to the 39% cap.

Meanwhile, CEO Chris Ruddy of conservative TV news network Newsmax said, “The judges on the D.C. Circuit reviewing the FCC’s UHF discount were left scratching their heads wondering why the rule was re-instated when everyone — Republicans and Democrats alike — agree that the discount is an analog relic and makes no sense in a digital world.

“The FCC should avoid the appearance of impropriety and proceed with a transparent national ownership cap proceeding to set a level playing field before approving any merger that benefits just one company, namely Sinclair.”

He also said he told President Trump strict limits on national TV ownership are needed not only to keep a lid on Sinclair, but also on the ‘liberal’ broadcast networks.

I told him [Trump] about my opposition because Sinclair would reach 70 percent of U.S. homes and — while I don’t disagree necessarily with Sinclair’s editorial point of view — I did not want to see NBC and ABC and the big liberal networks…[reaching] 70 percent.

“I think that would have been very dangerous if NBC was dictating the local news coverage in Des Moines, Iowa,” Ruddy said.

Keep in mind, Ruddy’s Newsmax and also Sinclair want to challenge Fox News Channel for conservative news viewers.

Politico summed it up by saying,

“Sinclair has been a frequent target for Democrats and liberal groups disturbed by reports that it favors President Donald Trump in its coverage via ‘must-run’ segments pumped to its network of stations.”

During the 2016 presidential election, The Washington Post reported Sinclair

“gave a disproportionate amount of neutral or favorable coverage to Trump during the campaign” while airing negative stories on Hillary Clinton, and Politico reported “on a boast by Trump’s son-in-law Jared Kushner that the president’s campaign had struck a deal with the broadcast group for better media coverage. Sinclair disputed the characterization, saying it was an arrangement for extended sit-down interviews that was offered to both candidates.”

Also, it was Trump who nominated Pai for the agency’s top post, so most experts felt the merger would eventually get the go-ahead due to President Trump’s public comments praising the media company, which boasts a conservative-leaning, anti-mainstream media news operation.

My last post mentioned many different cases of using shell companies under Sinclair’s control to still broadcast on more stations than allowed. Those so-called sidecar arrangements let Sinclair keep a stake in the revenue and programming of the spun-off stations.

I even asked, “Why was the FCC the last to find out? Or did it know and ignore the facts for political reasons?”

Today, I found a new example of a virtual triopoly (three stations in a market), when the FCC only allows duopolies (two stations in a market) and only under certain conditions.

So what changed? Politico reports problems in three cities.

WGN-TV

First, in Chicago, the plan was to sell

“WGN to Steven Fader, a Maryland business associate of Sinclair Executive Chairman David Smith who oversees car dealerships.”

According to Reuters,

“The draft order circulated by Pai’s office … said Sinclair’s actions around the divestiture of TV station WGN in Chicago ‘includes a potential element of misrepresentation or lack of candor.’”

Ouch! Not good for a company licensed to use the public airwaves. I used another example below and then offered a suggestion about what should happen to Sinclair.

Adweek added,

“The FCC feels Smith selling the asset to his friend and business associate presents a problem,”

and I’ll say the price of $60 million is ludicrous, considering the station is worth hundreds of millions of dollars.

According to The Chicago Tribune,

“The WGN services agreement would have kept Sinclair in charge of everything from programming to ad sales while giving it an option to buy back the station for the same price, subject to adjustments, within eight years.”

WPIX

Sinclair was also supposed to sell WPIX-New York, the nation’s largest TV market by far, for a measly $15 million to that same Cunningham Broadcasting, a company with close ties to the Smith family. That caused Pai to say he was concerned Sinclair’s proposed sales in Chicago and New York may have attempted to deceive the government.

Adweek said also troubling

“were the deals to sell stations in Dallas and Houston to Cunningham Broadcasting.”

The Tribune reported,

“The proposal also included an option to buy the stations back.”

According to Reuters,

“Separate filings with the FCC last month by the American Civil Liberties Union and conservative news outlet Newsmax Media” … raised “questions about whether Sinclair would continue to control some of the stations it proposes to divest.”

So Politico said,

“Pai announced an administrative law judge would review the station spinoff issues. The FCC takes that step when companies fail to persuade it that a transaction, even with conditions, would be in the public interest.”

Ars Technica reported the decision by FCC commissioners to adopt a Hearing Designation Order and have a judge review aspects of the deal was unanimous. Other options were

“denying the merger outright, approving the merger, or approving it with conditions.”

Click here for the full order. One of the key parts reads:

“Among these applications were three that, rather than transfer broadcast television licenses in Chicago, Dallas, and Houston directly to Sinclair, proposed to transfer these licenses to other entities. The record raises significant questions as to whether those proposed divestitures were in fact “sham” transactions. By way of example, one application proposed to transfer WGN-TV in Chicago to an individual (Steven Fader) with no prior experience in broadcasting who currently serves as CEO of a company in which Sinclair’s executive chairman has a controlling interest. Moreover, Sinclair would have owned most of WGN-TV’s assets, and pursuant to a number of agreements, would have been responsible for many aspects of the station’s operation. Finally, Fader would have purchased WGN-TV at a price that appeared to be significantly below market value, and Sinclair would have had an option to buy back the station in the future. Such facts raise questions about whether Sinclair was the real party in interest under Commission rules and precedents and attempted to skirt the Commission’s broadcast ownership rules. Although these three applications were withdrawn today, material questions remain because the real party-in-interest issue in this case includes a potential element of misrepresentation or lack of candor that may suggest granting other, related applications by the same party would not be in the public interest.”

This keeps getting better!at&t time warner

Politico said an administrative law judge was called in 2015 with the proposed Comcast-Time Warner Cable deal. The companies later abandoned it, rather than go through the hearing process. AT&T ended up with Time Warner, at least for now, after a federal judge allowed it without conditions, but the Justice Department is appealing.

By last Wednesday, Reuters reported Sinclair announced it would not divest the three TV stations currently owned by Tribune

“to ‘expedite’ the transaction after the FCC suggested the company would still control the stations,” and “two FCC officials who did not wish to be identified said Wednesday they believe the merger will not be able to proceed.”

Instead, Sinclair itself will acquire WGN-Chicago, and put KDAF-Dallas and KIAH-Houston into a divestiture trust and sold by an independent trustee (if the acquisition is finalized).

The Justice Department is also still reviewing the deal and the FCC may have even more concerns.

Sinclair denied any effort to mislead the FCC and issued this long statement:

“While neither Sinclair or Tribune have seen the draft HDO, Chairman Pai’s comments and press reports indicate the FCC is questioning the proposed divestitures in Dallas, Houston and Chicago.  Accordingly, in order to address such concerns and to expedite the Tribune transaction, Sinclair has withdrawn the pending divestitures of stations in Dallas (KDAF) and Houston (KIAH) to Cunningham Broadcasting Corporation and Tribune has withdrawn the pending divestiture of WGN in Chicago to WGN-TV LLC.  Sinclair intends to request permission from the FCC to put the Dallas and Houston stations into a divestiture trust to be operated and sold by an independent trustee following the closing of the Tribune acquisition.  Sinclair expects to have identified and entered into a purchase agreement with a third party buyer or buyers for the Dallas and Houston stations prior to closing.  As a result of the withdrawal of the application relating to WGN, Sinclair will simply acquire that station as part of the Tribune acquisition, which is, and has always been, fully permissible under the national ownership cap.

“Throughout the FCC review process of the Tribune merger and divestitures, Sinclair has had numerous meetings and discussions with the FCC’s Media Bureau to make sure that they were fully aware of the transaction’s structure and basis for complying with FCC rules and meeting public interest obligations. 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. All relevant agreements documenting such terms as required by FCC rules have been filed. While we understand that certain parties, which oppose the transaction object to certain of the buyers based on such buyers’ relationships with Sinclair, 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.

“While the structures put forth to the FCC throughout the process have all been in compliance with law and consistent with structures that Sinclair and many other broadcasters have utilized for many years with the full approval of the FCC, we have consistently modified the structure in order to address any concerns raised by the FCC. As a result and in light of the ongoing and constructive dialogue we had with the FCC during the past year, we were shocked that concerns are now being raised. Nonetheless, we have decided to move forward with these additional changes to satisfy the FCC’s concerns.

“There can be no question regarding misrepresentation or character given that Sinclair has fully disclosed all terms of all aspects of the transactions it has proposed. The FCC’s reported concerns with sales to certain parties have been eliminated in light of the withdrawals of the applications relating to Dallas, Houston and Chicago. Accordingly, we call upon the FCC to approve the modified Tribune acquisition in order to bring closure to this extraordinarily drawn-out process and to provide certainty to the thousands of Tribune employees who are looking for closure.”

So what’s next for Tribune? Will it stick by the deal as it said it intends? We don’t know for sure yet, but it has until Aug. 8 and I already mentioned reasons to separate from Sinclair.

This video was made before Cox threw its assets into the ring.

One big winner, so far, could be 21st Century Fox Inc. chairman Rupert Murdoch, who has become close with President Trump.

Bloomberg notes, over the decades, Fox and Sinclair have been in business together, but the conservative organizations have also been rivals.

Sinclair owns dozens of local Fox affiliates. So does Tribune. Last year, Fox tried unsuccessfully to outbid Sinclair for Tribune.

In the meantime, the companies divide the retransmission fees paid by cable and satellite operators (meaning what you and I pay). Networks say local stations have more value because of them.

Former Fox exec Preston Paddon remembers in his blog,

“By 1992, Congress found that cable systems were paying carriage fees to the non-broadcast channels but not to the broadcasters, and that this was unfair to the broadcasters.”

It’s why we pay for free local TV if we’re not watching with an antenna.

Anyway, Sinclair buying Tribune and its own Fox affiliates would’ve given it a stronger negotiating hand in talks with Fox about how to divvy up those fees.

So after losing out on Tribune,

“Fox threatened to pull its affiliates from Sinclair and switch the stations to an independent broadcaster. Eventually, in order to satisfy regulators, Sinclair agreed to sell some Tribune stations to Fox, which, in turn, said it would renew Sinclair’s affiliation with more than two dozen stations.”

Now, Fox may be able to buy even more stations.

And “Sinclair may soon compete with Fox News for right-leaning TV viewers” may not come to pass. It has reportedly been talking about hiring former Fox News stars to create a block of conservative programming using WGN America, which it would acquire, or The Tennis Channel, which it already owns. Former Trump advisor Boris Epshteyn and former CBS correspondent Sharyl Attkisson already work for Sinclair. Politico reported Sinclair has even approached current and former Fox talent such as Jeanine Pirro, and Greta Van Susteren and Eric Bolling. I already wrote Talks with former Fox host Bill O’Reilly fell apart. Sinclair won’t admit to any of that.

Also, the Justice Department appealed the ruling that let AT&T buy Time Warner. That’s good for Fox at the moment because it involves Fox News Channel rival CNN, and may have kept Comcast/NBC from buying most of Fox, as it downsizes to become “New Fox.” Murdoch prefers Disney/ABC buying the assets, which the government already approved, and “the Murdoch family would see more tax benefits in that deal.”

So what’s President Trump’s beef? You already read about his relationship with Sinclair.

Tuesday night, he tweeted it was “sad and unfair that the FCC wouldn’t approve the Sinclair Broadcast merger with Tribune,” but Republicans control the FCC, he appointed Ajit Pai as chairman, and Pai has been accused of being too cozy with Sinclair. But except for appointments, the FCC is independent from the White House.

Deadline reported Sinclair commentator Boris Epshteyn, who used to work for Trump, is for the deal. So is Steve Bannon, who got friendly with Sinclair stations in swing states before the election. And Trump has to like Sinclair’s publicity.

The only Democratic FCC commissioner at the moment tweeted her response to the president with just one word: disagree.

But Trump’s friend Rupert Murdoch – who also owns TV stations and the pro-Trump Fox News Channel – is said to be against the merger. That would be especially so if Sinclair starts putting conservative news on cable through WGN America and The Tennis Channel. Trump is so chummy with Murdoch, he called in December to congratulate him on the Disney-21st Century Fox deal.

I wrote another friend, NewsMax chief Chris Ruddy, is definitely against Sinclair-Tribune, as well.

Furthermore, the president compared Sinclair-Tribune to letting “Liberal Fake News NBC and Comcast (get) approved” which happened under the Obama administration and FCC. Trump criticized it as being too big.

He didn’t mention it’s on the level of AT&T-Time Warner, which a federal judge recently allowed but the Justice Department is appealing.

The difference between Sinclair-Tribune and Disney-Fox – and NBC-Comcast and AT&T-Time Warner – is that the first pair involve companies that make content but don’t distribute it. In the second pair, NBC and Time-Warner make content, but Comcast and AT&T actually distribute it — Comcast through cable and AT&T by DirecTV satellite, both of which are paid subscription services.

In April, Axios reported President Trump defended Sinclair after the company started

“forcing conservative, pro-Trump editorials on its” news anchors and “Deadspin created a video of Sinclair broadcasters spurning ‘fake news.’

Viewers of Sinclair’s 200-plus local stations had already seen “centrally drafted opinion items reflecting its conservative, often pro-Trump positions,” but not by their own local anchors and certainly not side-by-side along with so many others.

That was at 6:34am. Keep in mind, a great number of Sinclair’s stations are affiliated with the networks.

Then, at 6:58, Trump took on CNN…

and got pushback from its PR department.

CNN reports some Sinclair journalists said they were unhappy with President Trump’s portrayal of the company as “conservative” because they want to be recognized for their straight-forward, nonpartisan work. Despite their stations being forced to air pro-Trump commentaries and stories, most journalists at local stations don’t want to be labeled by the president or anyone else.

As for Sinclair’s claim of more localism if the deal goes through, FTVLive’s Scott Jones found Sinclair station WSYX-Columbus, Ohio, doing a series of reports called “Gator Week” (as opposed to Shark Week, that has been on the Discovery Channel since 1988). Still, Jones thought it was “odd” considering “you don’t see many alligators in Ohio.” Then, he found out about other Sinclair stations doing the same thing, “including WGXA (Macon, Ga.), WPMI (Mobile, Ala.), WPEC (West Palm Beach) and others.” He joked he wasn’t sure it was a must-run.

I, myself, found Shark Week on a retweet from the Cunningham Broadcasting station in mid-Michigan. Maybe WBSF was allowed to go a different route.

WBSF’s “About” section says it’s “owned and operated by Cunningham Broadcasting Corporation and receives certain services from an affiliation of Sinclair Broadcast Group.” So there are three terms/phrases: owned, operated, and “receives certain services from an affiliation of Sinclair Broadcast Group.” Maybe that’s because just above, it says to send all press releases to news@nbc25news.com. So maybe “certain services from an affiliation of Sinclair Broadcast Group” includes press releases.

But wait!

Below, there are nbc25news email addresses for comments, webmaster (the Sinclair owned, operated, and apparently “affiliated” websites all look similar), contests and weather.

And below that are Sinclair (sbgi.net) email addresses for corporate, two for national advertising, and the secondary person for closed-captioning concerns.

So maybe those are all the “certain services from an affiliation of Sinclair Broadcast Group.”

That’s all very interesting since I knew Sinclair controlled two other stations in the same location!

NBC affiliate WEYI has on its “about” section (with the same look) that it’s “owned and operated by Howard Stirk Holdings, LLC and receives certain services from an affiliation of Sinclair Broadcast Group.” That entire phrase is merely a substitution for Armstrong Williams’ company and we established in my last post that WEYI is one of a few Howard Stirk stations run by Sinclair. They also use the nbc25news email, but it’s more appropriate here.

Then there’s Fox affiliate WSMH that has on its “about” section (with the same look, of course) that it’s – wait for this! – actually “owned and operated by Sinclair Broadcast Group.” The email addresses are all wsmh.com. The “receives certain services” phrase is not there.

I did notice after the paragraph with the name of the owner, etc., and ties to Sinclair, is another called “Community Involvement.”

What’s funny is that all three stations start with “The owner and Sinclair Broadcast Group, LLC. continue to broaden its recruiting outreach…”

That means “the owner” can be whichever company actually holds the station license and it’s not named here, just referred to as “the owner,” out of laziness.

But what’s especially funny here is saying “The owner and Sinclair Broadcast Group” when Sinclair is really the owner!

But seriously, how does Sinclair operate the three stations with the same address, etc.? We learned in my last post that’s not allowed in Baltimore, with Sinclair, Cunningham and Deerfield Media. In fact, in Nov., 2012, TVNewsCheck reported the situation as “a virtual triopoly.”

The FCC’s webpage called Broadcast Ownership Rules clearly states in its section, Local TV Multiple Ownership:

“An entity is permitted to own up to two TV stations in the same Designated Market Area if either:

  • “The service areas – known as the digital noise limited service contour – of the stations do not overlap

  • “At least one of the stations is not ranked among the top four stations in the DMA (based on audience share), and at least eight independently owned TV stations would remain in the market after the proposed combination”

That’s the summary in its entirety! The stations cover the same area. An old website reports “eight full-power television stations in the Flint-Saginaw-Bay City market,” the others being CBS and ABC affiliates, two PBS affiliates and a religious broadcaster.

And the NBC, Fox and CW stations are controlled by the same company, for all intents and purposes. I’d bet the CW station is not in the top four rated, but the rules are for an entity “to own up to two TV stations” – just two!

(The MyNetworkTV affiliate is on a sub-channel of the CBS affiliate.)

I just found the mid-Michigan situation by accident and wonder how many other cities this has been going on in.

TVNewsCheck’s Harry A. Jessell put it this way, and then made lists of winners and losers at this point:

“Its mishandling of its merger application has badly stained its permanent FCC record in a way that could greatly complicate its future regulatory dealings. … And a liar is what the FCC has accused Sinclair of being by obfuscating the fact it would continue to control three major market stations that it told the FCC it would spin off to other broadcasters to comply with ownership limits.

“You see, the FCC acts on the honor system. It presumes that you are obeying all the rules and expects you to confess any infractions. It’s the principal way the FCC polices those it regulates. That’s why lying – the ever-polite FCC calls it “misrepresentation” or “lack of candor” – is taken seriously and is the FCC equivalent of a capital crime. … As the lawyers pointed out to me this week, once indicted for misrepresentation as Sinclair has now been, it sticks because it goes to the broadcaster’s basic character qualifications to be a licensee. It cannot buy or sell a station or even renew a license until it resolves the character question. Sinclair’s best move now is to walk away from the merger and promise, no, swear on a stack of Bibles, that it will never, ever mislead the FCC again.

“Sinclair has no one but itself to blame for this fiasco. It pushed too hard to keep as many of the Tribune stations as it could and somewhere along the line lost sight of the larger goal – get the transfer through the FCC and get to closing. … (David Smith) kept going back to the FCC (and the Justice Department) demanding more and more. Ironically, he will likely end up with nothing, except maybe a new set of regulatory hassles.”

Bloomberg quotes B. Riley FBR Inc. analyst Barton Crockett, who said in a note he has

“never seen such ‘harsh’ language from the FCC about an applicant for a merger. The ‘vitriolic’ tone of the FCC statement makes it dubious that Sinclair and Tribune will be able to come back with divestitures that will satisfy the FCC.”

Bottom line: Anyone who knows me knows I can be tough, especially on myself. The people who run and invest in the nation’s largest media company have been breaking rules all over the place for many years. It’s time the FCC gets extremely serious so it’s taken seriously when protecting the public interest from those using the public airwaves.

Does anyone remember the RKO situation? Have a seat and look for similarities. (I wrote this with information from several Wikipedia listings.)

RKO General 1962
1962 logo

RKO General was the main holding company through 1991 for the non-core businesses of the General Tire and Rubber Company.

It had been in broadcasting since 1943, and General Tire bought the RKO Radio Pictures movie studio in 1955, but dissolved it in 1959. From then until 1991, it operated six TV stations and more than a dozen radio stations. It also holds the record for the longest licensing dispute in television history.

KHJThe trouble began in 1965. RKO General applied for license renewal of KHJ-TV in Los Angeles (now KCAL-Channel 9). A local group, Fidelity Television, challenged it, charging RKO with second-rate programming, and later and more seriously, that General Tire conditioned its dealings with certain vendors on the basis they’d buy advertising time on RKO General stations. These “reciprocal trade practices” are considered anti-competitive. RKO and General Tire executives testified before the FCC and rejected the accusations. Four years later, in 1969, the commission issued an initial finding that Fidelity’s claims were correct.WNAC RKO

That same year, RKO faced a license challenge for WNAC-TV in Boston (now WHDH-Channel 7, not to be confused with the old WHDH-Channel 5), again charged with reciprocal trade practices.

WOR RKOFour years later, in 1973, the FCC ruled in favor of RKO in the Los Angeles case, pending findings in the still-ongoing Boston investigation. The next year, in 1974, when RKO applied for license renewal of WOR-TV in New York (now WWOR-Channel 9, technically Secaucus, NJ), the FCC conditioned the renewal on the Boston case as well.

SIDEBAR: Another Boston FCC case lasted 15 years – not the record, but from sign-on to sign-off – and involved the former WHDH-Channel 5. The DuMont Television Network applied for a construction permit for the channel, but shut down its network before getting it. The Boston Herald Traveler Corporation got the license, signed on in 1957, and shortly after, the FCC started investigating allegations of impropriety in the granting of the television license. (Allegedly, the controversy was over luncheon meetings the newspaper’s chief executive had with an FCC commissioner during the original licensing process.) So the old channel 5 (WHDH) never had a license longer than six months at a time while the standard was three years.

Eventually, the FCC ordered comparative hearings and in 1969, a local group called Boston Broadcasters was granted a construction permit for a new station on channel 5 called WCVB after it promised to air more local programming than any other station in America at the time. That’s even though the old channel 5 (WHDH) often broadcast more local programming than any other commercial TV station in Boston. Herald-Traveler Corporation lost its court case in 1972 and WCVB went on the air in its place. Luckily, everyone on the old channel 5 moved to the new channel 5 which still broadcasts from the suburb of Needham, since the old WHDH-TV refused to sell its studios, transmitter and tower to the new WCVB, which is now owned by Hearst.

NOW BACK TO THE STORY: In June, 1974, an administrative law judge renewed the WNAC-Channel 7 Boston license even after finding General Tire and RKO General had engaged in reciprocal trade practices. In December, 1975, a company competing for the license called Community Broadcasting asked the FCC to revisit the case. It alleged General Tire bribed foreign officials, maintained a slush fund for U.S. political campaign contributions, and misappropriated revenue from overseas operations. RKO denied all the allegations during a year-and-a-half series of proceedings. Then, in July, 1977, General Tire admitted to an eye-popping litany of corporate misconduct, including the bribery and slush fund charges, in order to settle an action brought by the Securities and Exchange Commission. But the TV situation wasn’t over yet. Still, the RKO proceedings dragged on!

Finally, in 1980, after a half-decade of hearings and investigations, the FCC stripped RKO of WNAC’s license. It found RKO “lacked the requisite character” to be the station’s licensee and gave as examples, the reciprocal trade practices of the 1960s, false financial filings by RKO, and General Tire’s gross misconduct in non-broadcast fields.

But the worst was RKO’s dishonesty before the FCC. During hearings, RKO withheld evidence of General Tire’s misconduct, including the fact the SEC had been investigating the company in 1976. RKO also denied it had improperly reported exchanges of broadcast time for various services, despite indications to the contrary in General Tire’s 1976 annual report. So the FCC found RKO had displayed a “persistent lack of candor” over its own and General Tire’s misdeeds, which threatened “the integrity of the Commission’s processes.” That FCC ruling meant RKO lost the KHJ-TV Los Angeles and WOR-TV New York licenses as well.

RKO appealed to the District of Columbia U.S. Court of Appeals, which upheld the revocation solely on the basis of RKO’s lack of candor. It wrote in its opinion, “[t]he record presented to this court shows irrefutably that the licensee was playing the dodger to serious charges involving it and its parent company.” But the court interpreted the candor issue so narrowly that it applied only to WNAC-TV, and ordered rehearings for WOR and KHJ. RKO General appealed again, this time to the U.S. Supreme Court. In 1982, SCOTUS refused to review the license revocation, and it was over. RKO General sold WNAC’s assets to New England Television (NETV), a new company from the merger of Community Broadcasting and another competitor for the license, the Dudley Station Corporation. The FCC granted a full license to NETV on channel 7, which it renamed WNEV-TV. Since then, the station changed its call letters to WHDH-TV, had low ratings, and was sold to Ed Ansin’s Sunbeam Television Corporation. (This WHDH has no relation to the old WHDH-Channel 5.)

It could’ve been worse. In 1983, the FCC began taking competing applications for all of RKO’s broadcasting licenses, but Congress passed a law sponsored by Sen. Bill Bradley requiring the commission to automatically renew the license of any commercial VHF-TV station relocating to a state without one, meaning New Jersey and Delaware. Two months later, RKO General officially changed WOR’s city of license from New York to Secaucus, NJ, where it remains on paper. The FCC made the station move its main studio there and step up coverage of events in the Garden State. Still, WOR maintained its identity as a New York station. (It’s now owned by Fox, which also owns WNYW-Channel 5, and got rid of channel 9’s newscasts.)

In 1984, RKO sold its Radio Networks operation to United Stations. In 1986, under pressure, RKO put WOR up for sale. MCA/Universal won the bidding war and the FCC approved the purchase. In 1987, MCA changed the call letters to WWOR. (Remember the slogan Universal 9, about 15 years before NBCUniversal was formed?)

RKO was lucky it sold WOR. In 1987, an FCC administrative law judge found it unfit to be a broadcast licensee due to a long history of deceptive practices he called the worst case of dishonesty in FCC history, and ordered RKO to surrender the licenses for its two remaining two TV stations and 12 remaining radio stations. RKO declared all of the employees responsible for the misconduct had been fired and appealed, claiming the ruling was deeply flawed. But the FCC made it clear it would probably reject any appeals and strip the licenses, and urged RKO to sell everything before that became necessary.

In 1988, under an FCC-supervised deal, the license of KHJ-Los Angeles was granted to Fidelity, the company that had originally challenged RKO General. Fidelity then transferred it to Disney, before it bought ABC, for $324 million. RKO got about two-thirds and Fidelity got the rest. By 1991, everything was sold. (Fort Lauderdale-Miami’s WAXY-FM 105.9 – which labeled itself “an RKO radio station” before giving its call letters, near the end – was sold in 1990. That was 28 years ago! Unbelievable!)

TVNewsCheck’s Harry Jessell put it this way:

“When people are making comparisons between your station group and RKO General, you know you have screwed up.”

I think there are too many changes going on in the industry right now as technology improves so quickly. Jessell mentioned certain former FCC commissioners would’ve gone the RKO route with Sinclair. I agree because now more than ever, broadcasters use the public airwaves and must pay us back with public service under tougher rules than its competitors. And the FCC needs complete and total honesty, with so much on its hands.

Sinclair needs to be brought down similarly for all it has done, with the same family as owners and no concern for anything but profit over the decades. The stations should be separated. Local broadcasters or broadcasting groups with no other industry interests should be given first shot at the stations. Then, they can hire experienced people with original ideas, and decisions would be made right there in the studio building.

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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.

Sanctuary cities judges show they know justice, not politics

I’m not writing to take an opinion on the issues of sanctuary cities or illegal immigration, but have to say I’m pleased a gang of Republican-appointed federal judges were willing to rule against a president from their own party.

Philly.com reports from the Associated Press that this afternoon,

“A federal appeals court in Chicago has ruled that President Donald Trump’s administration cannot withhold public safety grants from cities that don’t cooperate with its immigration enforcement policies, agreeing with a temporary injunction imposed earlier this year by a lower court judge.”

The decision by three judges on the 7th U.S. Circuit Court of Appeals says the administration tried to exceed its authority by establishing a new condition for cities to qualify for public safety money. Instead, Congress earmarked the money without that condition.

Judge Ilana Rovner wrote, in an opinion joined by Judge William Bauer,

“The Attorney General in this case used the sword of federal funding to conscript state and local authorities to aid in federal civil immigration enforcement. … But the power of the purse rests with Congress, which authorized the federal funds at issue and did not impose any immigration enforcement condition on the receipt of such funds.”

jail Wikimedia Commons
Wikimedia Commons

According to Politico, judges here in Philadelphia and also Los Angeles “blocked attempts to add the immigration-related conditions to new federal grants.”

“Sanctuary cities” are those that refuse to cooperate with federal immigration agents by letting them know when immigrants in the country illegally are about to be released from police detention.

Last July, the Trump team decided cities receiving public safety grants — that can be used to buy public-safety equipment, including police cars — must agree to inform federal agents.

Chicago Police Wikipedia
Wikipedia

Then, Chicago and several cities sued, and a lower court judge imposed a temporary injunction on the administration’s requirement.

This afternoon, all three judges agreed, so that nationwide injunction will stay in force. But one judge said the ruling should apply to Chicago only. That detail won’t matter.

Judge Daniel Manion wrote,

“Other jurisdictions that do not want to comply with the Notice and Access conditions were not parties to this suit, and there is no need to protect them in order to protect Chicago. … A nationwide preliminary injunction … should only be issued where it is absolutely necessary, and it is far from absolutely necessary here.”

Rahm Emanuel Wikipedia
Wikipedia

A pleased Chicago mayor Rahm Emanuel praised the judge who wrote the decision.

“Judge Rovner says in her opinion that Chicago does not interfere with the federal government’s lawful enforcement of immigration laws and pursuit of its civil immigration activities, and presence in such localities will not immunize anyone to the reach of the federal government,” Emanuel said.

But he did mention the fight isn’t over, since the money hasn’t yet come.

Justice Department spokesman Devin O’Malley disagreed, writing in a statement,

“We will continue to fight to carry out the Department’s commitment to the rule of law, protecting public safety, and keeping criminal aliens off the streets to further perpetrate crimes.”

Several cities established policies to protect immigrants since Trump won the 2016 election.

DF-ST-87-11855
Wikimedia Commons

Politico noted, “Rovner was appointed by President George H.W. Bush, Bauer by President Gerald Ford and Manion by President Ronald Reagan, all Republicans.”

Three cheers to all three, since the judiciary should be separate from politics, just like they ruled the Executive branch should be separate from the Legislative.

These folks did the right thing, at least this time, since I’m not familiar with their other rulings.

Give Alex Holley an A (and a raise)

alex holley
http://www.fox29.com/about-us/alex-holley-good-day-philadelphia-co-host

ShareRocket numbers came out on Monday. They’re the equivalent of Nielsen ratings for TV shows, but for social media instead. Take them for what they’re worth, along with the thought of companies trying to use social media to make money. The Fox Television Stations Group (which still doesn’t bother to list its stations, as I’ve mentioned here and several other places) is very big on it. Too big. Other things lose out. (See Murdoch, Rupert. Facebook‘s Mark Zuckerberg knows much better.)

According to ShareRocket, in the first quarter of this year,  Philadelphia’s “WTXF (Fox 29) generated more than 7.3 million total Engagements,” meaning the number of times people responded to the station’s, or their employees’ posts — on Facebook, Twitter and Instagram — by liking, commenting, etc., during the first quarter.

“The station also benefited from having the No. 1 individual in the market, anchor Alex Holley. Holley generated more than 960,000 Engagements in the quarter across all platforms.”

Doing simple math — 960,000 divided by 7.3 million — Good Day Philadelphia anchor Holley is completely responsible for 13.15 percent of Fox 29’s performance in the quarter, all on her own. This doesn’t count anything the station wrote about her or her stories. These are posts she wrote and published by herself, on her own accounts. Good for her!

social media

On the other hand, that means everybody else at Fox 29, including the group of people paid to write news and social media (way too much social media, if you ask me), only did 86.85 percent of the station’s first quarter performance. As I’ve written before, web producers

“try to find articles from out of the area that will get clicked. What usually happens is that one station — whether it happened in their area or not — writes it and offers to share it with the other stations, which may choose to accept it or not. If they accept it, then they can tease it on social media or not.”

So there’s lots of help Alex doesn’t get.

By the way, ShareRocket reports,

“The market saw a very large increase in Engagement in general from quarter to quarter, likely driven by the Philadelphia Eagles’ Super Bowl win. All six stations Share Rocket tracks in the market saw significant bumps in total Engagement, and four of those stations saw increases of +40% or more.”

But Fox 29 wasn’t one of the four stations out of six that saw increases of 40 percent or more. Fox 29 was in the bottom half. It only went up 22 percent from quarter to quarter! In other words, it lagged and underperformed, and its share of the market dropped from 33.48 percent, down to 30.77 percent.

Imagine where they’d be without Alex!

Rudy Giuliani Wikipedia
Wikipedia

There’s a new face on President Trump’s legal team dealing with the ongoing special counsel probe, and it’s a familiar one. Former New York mayor Rudy Giuliani told The Washington Post he joined the club.

Giuliani said to the paper,

“I’m doing it because I hope we can negotiate an end to this for the good of the country and because I have high regard for the president and for Bob Mueller.”

Along with the longtime Trump ally, the president will also be defended by a couple who run a Florida-based law firm, Jane Serene Raskin and Marty Raskin. Plus everyone else on his legal team. The new three are all former federal prosecutors.

Speaking of former federal prosecutors, Chris Christie hasn’t been New Jersey governor since January but his official portrait is making news because it’s going to “cost a stunning $85,000,” according to the New York Post. (Get your jokes out of the way now. The Post did. Its article’s headline is “Artist gets big, fat paycheck for Chris Christie’s official portrait.”)

Chris Christie Wikipedia
Wikipedia

NorthJersey.com reports the $85,000 will be more than what his three predecessors … paid to have their images hang in commemoration of their political service — combined!

It priced the portrait the highest for a governor since Democrat Jim Florio paid $58,000 for his. Christie’s three immediate predecessors — Jon Corzine, Richard Codey and Jim McGreevey, all Democrats — paid a combined $74,500.

That makes the Christie image cost $10,500 more than Corzine, Codey and McGreevey’s altogether.

There is one difference: Christie did take up two terms. The last New Jersey governor to do that was Christine Whitman ($48,000), who served from 1994 to 2001. Even Florio was a one-termer, serving 1990 to 1994. FYI, his two predecessors were both two-termers, Tom Kean and Brendan Byrne.

The website showed the governors’ official portraits:

This slideshow requires JavaScript.

According to NorthJersey.com,

Since he took office, Christie has spoken about the official picture that likely will long outlive him and the many internet memes he’s touched off. And in his public life, Christie had earned a reputation for having a taste for luxury when others paid the bill.

Then the paper went on to describe those luxuries.

map New Jersey Wikipedia
Wikipedia

Who will pay? “A taxpayer-funded transition account of $250,000 that is granted to former governors to pay for staff and office space, as well as services such as the painting, NorthJersey.com says.

The artist is Australian Paul Newton. The portrait will be oil-on-canvas.

Too bad it won’t hang in the Statehouse when it’s finished by the fall. That’s under a multi-year renovation.

It won’t cost us anything to remember what NorthJersey.com described as

the picture of him on that beach closed to everyone else, in that chair with his family and friends while the public was shut out of state parks on a holiday weekend during a government shutdown.

Let’s hope Phil Murphy has a more compact ego!

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Call to action: Help stop Sinclair from taking over Tribune

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

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

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

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

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

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

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

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

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

Instructions from Corporate (thanks to Esquire):

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

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

Script:

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

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

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

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

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

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

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

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

He wrote in a statement to CNN:

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

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

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

Wait. It gets worse.

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

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

CNN concludes its description with,

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

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

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

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

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

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

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

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

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

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

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

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

The CNN article found,

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

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

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

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

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

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

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

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

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

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

The article back then added,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Does this sound rational or unnerving?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to the magazine:

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

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

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

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

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

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

According to The New York Times,

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

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

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

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

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

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

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

I wonder. This is what The Times thinks:

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

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

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

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

You decide.

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

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

WPIX

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

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

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

WGN-TV

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

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

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

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

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

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

The New York Times recently reported Sinclair submitted a proposal that

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

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

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

sinclair before tribune
Sinclair now, without Tribune

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

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

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

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

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

It continued,

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

CNN said,

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

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

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

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

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

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

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

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

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

Sinclair has shown none of that matters.

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

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

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

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

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

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

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

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

Then, send what you sent the FCC commissioners.

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

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

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

Flakes and facts, lots on my mind

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

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

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

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

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

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

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

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

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

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

Click here for more details and reaction to the video.

video games

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

websites

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

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

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

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

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

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

Good luck, guys!

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

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

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

The Register described a few examples:

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

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

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

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

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

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

Bottom line, according to The Register:

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

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

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

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

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

Sounds like a sore loser. His ratings stink.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But Fox was cheap.

fox sky news disney

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

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

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

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

The Hollywood Reporter says Comcast said at the time:

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

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

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

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

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

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

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

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

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

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

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

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

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

On top of that, Variety says,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Super_Bowl_LII_logo
Wikipedia

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

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

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

Thursday Night Football logo

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

Fox Sports

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

Thanksgiving

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

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

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

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

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

money x 33

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

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

money x 5

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

Monday Night Football ABC

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

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

A CBS Sports spokesperson was more specific:

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

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

Amazon Prime logo

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

money x 5

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

Miami Dolphins twitter

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

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

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

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

ESPN logo

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

nbc sports cbs sports

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

Fox TV stations

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

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

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

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

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

Sunday Night Football NBC

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

cbs fox

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

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

football

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

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

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

Until now.

Fox network

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

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

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

 

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

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

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

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

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

tv airwaves

That happens all the time.

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

comcast new 595x227

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

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

networks

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

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

NFL Logo

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

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

squeeze money

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

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

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

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

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

girl watching tv

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

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

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

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

It has two possibilities and is reportedly looking into both.

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

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

sinclair broadcast group

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

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

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

Tribune Broadcasting Company

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

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

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

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

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

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

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

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

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

Seattle Seahawks

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

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

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

NFL playoffs

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

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

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

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The rights of TV station owners vs. the public

tv news advertising

By now, I’m sure you realize I’m a fan of the underdog. Fly, Philadelphia Eagles, fly!

I also strongly believe in holding people in high positions accountable for their acts, even off the clock. Can’t deny that after the recent string of sexual harassment allegations and confessions from some of the smartest and most talented people in America.

That’s why I reacted so strongly when I saw this article by the editor of TVNewsCheck, one of several industry websites.

I’ve written articles condemning the loosening of many regulatory protections, like net neutrality.

Harry Jessell, who I tried to reach privately on LinkedIn (I always try to reach somebody privately before writing about them), wrote a column called “End Discriminatory Regs Against Broadcast” and it’s exactly what you may expect.

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He argued TV stations face too many rules and that Sinclair Broadcast Group should not have to pay a tentative $13.4 million fine to the Federal Communications Commission for “allegedly airing news programming that was paid for by a sponsor.”

fcc federal communications commission

Keep in mind, Sinclair owns 193 TV stations in 89 cities. See if they’re on the air where you live. They may be soon! Not too shabby!

sinclair before tribune
from http://sbgi.net/tv-stations/

That’s because FCC rules were recently loosened — reportedly cheered on by President Trump — so it can buy the Tribune Media stations around the country. That’ll get Sinclair’s controversial perspective on a tremendous number of new screens in big cities like New York, Los Angeles, Chicago, Philadelphia and Miami, among others, for the first time. Not too sympathetic!

It just bought Bonten Media Group‘s five stations including WCYB in the Tri-Cities of TN/VA, where I used to work. 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. (Try to be creative and risk being kicked out, even if you’re specifically asked for suggestions during your interview. Companies want their own style and tone.)

wcyb
www.wcyb.com

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.

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. (Some might even say the First Amendment guaranteeing freedom of speech is only for station owners, not employees nor the public.)

sinclair broadcast group

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

tv owner population share
http://www.biakelsey.com

Jessell called the “sponsored news” rule antiquated and discriminatory, and claimed “native advertising has been around forever” under “names like advertorial, sponsored content, promoted content and infomercial.”

He also said it’s everywhere, and that print and digital media companies even get paid to invent it.

Plus, the rules may have been OK decades ago when broadcasters were becoming more powerful, rather than today when they face new competition from “aggressive digital giants.”

And he trusts viewers will eventually spot the advertising and change channels or media.

But I disagree. First, I don’t give viewers as much credit. There needs to be a separation — between news and opinion, as well as advertising — and I’d hate to be a journalist losing credibility by following Sinclair’s unique requirements.

I do admit with more competition, a broadcast license is no longer a license to print money as it used to be.

tv airwaves

But the airwaves belong to the public. TV stations have special responsibilities. Owners who don’t like them should be in a different business.

Anybody can print a newspaper, start a website, or even shoot material for a cable channel if they can get it carried.

Meanwhile, broadcasters get special protection like must-carry on cable systems, or they can demand money to be carried — which is much more common. (Then, of course, the network they’re affiliated with will demand a chunk of cash. It’s called reverse compensation.)

There used to be strict limits as to how many stations an owner can own. They’ve practically disappeared. Orders come from out of the area.

Owners were not allowed to own two stations in the same city. Now they can under certain circumstances.

Owners were not allowed to own two stations in neighboring cities (a grade-B overlap), since people who live in between can pick up both. Now they can.

Station owners are fighting like hell to be able to own newspapers. I believe the only one allowed without being grandfathered in that was OK was WNYW-Fox 5 in New York. Otherwise, the New York Post would’ve gone out of business. But then Fox also bought WWOR-Channel 9 and got rid of its news department — a big blow to New Jersey. (Fox’s newspaper business was later spun off into a different company.)

new york post
from WikiVisually

You give them an inch and they ask for a foot!

Look at this example in an ad on Rick Gevers & Associates’ website and newsletter!

many stations

That’s six stations and not a joke!

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.

Go to the article’s website and check out the comments. My favorite:

Fair enough Harry. (1) Remove broadcasters’ FCC licenses. (2) Charge broadcasters 8% of gross annual revenue for the right to transmit on the public airwaves. (3) Remove all special treatment regarding cable/satellite “must carry and retrans.”

Jessell’s response:

1) broadcasters could police airwaves privately; 2) station owners paid plenty for most of their frequencies; few got them for free; 3) retrans could be privatized and broadcasters would get the same amount of money. I have no love of must carry.

Did you notice the first part? Somebody else commented:

Broadcasters POLICE THEMSELVES??? haaaaaaaa, hysterical

And that person commented in a separate post:

Harry Jessell – is this particular article “End Discriminatory Regs Against Broadcast” – PAID FOR, in any way, shape or form?

What I wrote (using my own name):

Broadcasters use the public airwaves. Unlike other media, the airwaves broadcasters use belong to the people. They need to be protected, and the government has every right to regulate broadcasters in exchange for letting them use those airwaves. Throughout the decades, the government has been more and more lenient with broadcasters, letting them own more and more stations, and in closer proximity to each other, and licencing them for a longer time. If broadcasters don’t like it, then they should give up using the public’s airwaves that don’t belong to them and get into one of those other businesses you mentioned. Then they won’t have to worry about public service.

I think Sinclair should consider itself lucky. Very lucky.

I hope the underdog Eagles are as lucky in the NFC Championship against Minnesota and make it to the Super Bowl!

Philadelphia Eagles