Reports: Nexstar says no to WPIX-NY, WSFL-Miami

If you want to do something well, watch someone else do it. That’s the way to improve in most skills in life.

ftvlive logo

That’s one reason I read Scott Jones’ blog, FTVLive.com. Say what you want about him or his spelling, but he’s usually right on the money when it comes to facts, and won’t make claims without backing them up. In other words, I trust what he writes.

This morning, he had two blog posts about the latest attempt to create the nation’s largest local television station owner: Nexstar Media Group’s effort to buy Tribune Media. (Last year, after a lot of opposition, Sinclair Broadcast Group was not allowed to make the purchase.)

When you get this big, things get complicated. The company gets up against against Federal Communications Commission ownership limits, as well as Department of Justice antitrust regulations.

Nexstar owns or operates 174 television stations in 100 mostly small to mid-sized TV markets, reaching nearly 38.7 percent of American households. The limit is 39 percent, and that’s with the FCC’s UHF discount, which only takes half the market’s people into account. Tribune owns or operates 42 stations, including the nation’s biggest cities.

The deal is that Nexstar will pay $4.1 billion for Tribune. Sinclair had offered $3.9 billion but according to USA Today, “breached its contract by misleading regulators during the transaction’s approval process.” Nexstar’s last major purchase was in 2017, when it bought 71 stations from Media General for $4.6 billion.

The ownership limits, which I explained in this post from last March, come into play because two large companies will already own stations in the same markets competing against each other, and will together own too many as a whole. That’s why some stations will need to be sold.

Briefly, the four categories of FCC rules are 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. (Keep in mind, these rules seem to get loosened every time a company comes close to hitting the limit.)

In the case of Nexstar and Tribune, there would be a long list involving about 15 cities. (Nexstar would do well by being honest in its effort to buy Tribune, as opposed to what Sinclair did and had been doing for years.)

sinclair skull and crossbones

Perry Sook, Nexstar’s president and CEO, started the company in 1996 with one station in Scranton, Pa. He has been buying ever since.

“We have no aspirations to be a national anything,” Sook said, according to Variety. “Our company goes from Burlington, Vermont to Honolulu and each of those communities have different needs and different tastes. We do three things that are vitally important: We produce local news content. We deliver entertainment and information. And we help local businesses sell stuff. Those are our reasons to exist.”

That’s contrary to Sinclair, which was reportedly interested in creating a national news network and using must-runs on its stations to spread its ownership’s conservative beliefs.

feature nexstar wpix wsfl

Anyway, this morning, Scott wrote,

“Sources tell FTVLive that Nexstar is not planning on keeping WPIX in New York City after it purchases the station as part of the Tribune deal.”

So if Nexstar pretty-much owns so many stations in small to mid-sized TV markets, and claims to be solely interested in local broadcasting (while probably taking advantage of some scale), why leave out a station in the #1 TV market in the country, which itself broadcasts to about a whopping six percent of American households?

WPIX

According to Scott,

“The spinning off of WPIX will help bring Nexstar under the ownership cap and it will likely put a lot of money back into the Nexstar back account.”

I’d rather see competition remain in New York. I can’t imagine Nexstar losing the power of selling ads on stations in every one of the biggest, influential, most lucrative cities (New York, Los Angeles, Chicago, Philadelphia, San Francisco, Washington, etc.). And it could probably make money selling off many of its smaller market stations, have fewer people doing the same jobs on payroll, pay less for benefits like health insurance, have less regulatory paperwork to do, etc. But it could possibly achieve what Scott suggested in just one move.

Instead of Nexstar, I dread a New York competitor coming in and gutting WPIX’s news department, which has grown over the years from 30 minutes at 7:30pm and an hour at 10, to include morning and early evening news.

Among competitors, WCBS already owns WLNY (Long Island). WNBC already owns WNJU (Telenundo). WNYW (Fox) bought WWOR and got rid of its news department. That pretty much leaves WABC, which is said to be in the buying mood since owner Disney hasn’t bought stations in years, is not up against ownership limits, and has been said to be interested in Cox’s stations (especially its ABC affiliates in Atlanta, Orlando and Charlotte). A duopoly in New York would be good for WABC, but not the public, which owns the airwaves. But considering the other major stations already own second stations in the Big Apple, could WABC be refused?

disney abc logo

Of course, Disney/ABC is already buying most of 21st Century Fox’s assets, including its TV and movie studios, and cable channels except news and business, for $71 billion. The New York Post reports the closing is expected in February or March, and Sinclair may end up buying Fox’s regional sports networks which Disney can’t keep (it already owns ESPN) and nobody else seems to want them.

The so-called New Fox would consist only of its TV stations, and its news and business cable channels. (Comcast/NBC wanted Fox’s entertainment assets but Disney/ABC offered more. Comcast is ending up with Fox’s share of European telecommunications and pay-TV giant Sky.)

Scott also wrote,

“Along with spinning off WPIX in New York, Nexstar plans on selling off WSFL, the Tribune station in Miami.”

We’ve been through this before. Fox has a great Miami affiliate, WSVN, which is owned by Ed Ansin’s Sunbeam Television Corporation. In the 1980s, he wouldn’t sell to then-affiliate partner NBC, so the peacock bought WTVJ in early 1987 and took away WSVN’s #1 primetime programming on Jan. 1, 1989. WSVN became a Fox affiliate on the few days the new network broadcast back then and put its future into local news, more sensational back then, which has worked out well.

WHDH logo 4Then, just a few years ago, the same thing happened with Sunbeam’s WHDH in Boston. Ansin refused to sell to NBC so the peacock invented a station pretty much from scratch to put its programming. Since Boston already had a Fox affiliate (Miami’s went to CBS in 1989), WHDH is now completely independent, without a network, and worth much less.

Fox TV stationsSo Fox has been selling off assets but is interested in buying TV stations (it had a deal to buy several from Sinclair after its merger with Tribune, which ended up falling through) and rights to live programming, especially sports and especially the National Football League. In the past, Fox wanted stations in cities with NFC teams because it broadcasts NFC team away games on Sunday afternoons. Then, it bought the rights to Thursday Night Football, which includes the whole league, so now it’s interested in stations in cities with AFC teams, like the Miami Dolphins.

I’ve shown you how networks have dumped highly-rated, loyal, long-time affiliate stations and went all-out to own stations in cities around the country, even if it meant starting a news department from nothing, which is exactly what WSFL has when it comes to news.

Why would Nexstar sell Tribune’s only Florida station when it doesn’t have much to show for itself in the Sunshine State? Good question! Nexstar only owns WFLA in Tampa, WKRG in Mobile/Pensacola and WMBB in Panama City. Maybe it knows it could get a great deal from Fox (perhaps part of a multi-station deal where Nexstar and Tribune have too many stations competing), or it knows global warming will have Florida under water sooner rather than later.

 

One thing I disagree on with Scott about Fox possibly buying WSFL is that WSVN would probably not exchange affiliations with that current CW affiliate and become the new one. That’s because CBS is a part owner of The CW and that affiliation would likely go to its second Miami station, WBFS, which would probably mean WSVN ends up with WBFS’ MyNetworkTV affiliation.

On the other hand, Philadelphia MyNetworkTV affiliate WPHL (owned by Tribune) airs off-network syndicated reruns from 8 to 10pm (a great idea!) and its MyNetworkTV obligations (pretty much syndicated dramas) air overnight. It also got rid of the “My” on its logo.

That’s the case because I verified WBFS-Miami and WWOR-New York air the same shows from 8 to 10pm (and Fox owns both WWOR and MyNetworkTV, so the shows will definitely run in pattern).

wphl wbfs wwor

Anson’s WHDH – which has been independent for two years – airs Family Feud for an hour at 8 and local news from 9 to 11:35pm. So there are alternatives.

What’s going to happen? Are the reports from Scott true? If so, are they subject to change?

Again, we’ll have to sit back on our couches, and wait and see.

Disappointing news and news coverage

Last night, a woman was shot to death two blocks from my parents (and where I lived from the end of kindergarten, to leaving WSVN and moving to Connecticut, minus my three college years). It happened at about 5pm. I found out when my sister-in-law sent me a TV station’s screen-grab.

Turns out, the victim was a well-known real estate agent, who’d had her face and her dog’s on many bus benches while I was growing up. It happened outside her daughter’s house (same high school, two years older) and the gunman was her estranged son-in-law, who later killed himself.

In the early evening, between 7:30 and 8:30pm, I couldn’t find anything on WSVN’s website, and nonsense with very few facts from the network-owned stations.

WTVJ was a block off and WFOR had no location.

WPLGWPLG had the best coverage, with the right block, and video with a reporter at the scene during its newscast which ended at 6:30. But supposedly, the latest was on a different reporter’s personal, private Facebook page. We never met, but I went to school with his brother years ago, so he’s from the area and has contacts. I found out about his Facebook coverage when I got a call from one of our dozens of mutual friends (28, to be exact), and asked him about it – on Facebook.

Me: “Why did you put Highland Lakes shooting privately on your personal page, but not on your professional page for any interested parties?”

Him: “The station posts on my public”

Me: “I’m sorry. That sucks.”

Him: “Ok sorry”

Me: “I meant for you. I’m sure not everything they’ve posted has been perfect, or the way you would have.”

He doesn’t know what I do and have done for a living, and you see he didn’t realize I felt sorry for him apparently not being able to publish on social media pages that have his name and picture, and depending on others to do it right! His public Facebook page hasn’t been used in almost a month, and his work Twitter account was only used sporadically, not a few times daily like someone with contacts who goes out in the field, working to uncover facts – or simply a trusted reporter who watches the news and has followers who depend on him.

We know people on-air are not decision-makers but they should be trusted to publish on pages with their names and pictures, along with certain folks in the newsroom. Those people on-air with their names and pictures online will probably be the best at making sure what’s reported there is accurate and presented properly.

Who else would care as much?

If you appreciate what you read here, subscribe 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 thisthisthis and this. (I explained the reason for the fourth “this” in my last post.) I just became certified as an IT Support Specialist and am also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

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Odds, ends and new beginnings

It’s always good to be remembered, and hopefully being your last new year’s message of the year will keep some of my thoughts on your minds. (I’d be embarrassed to post something like this more than a week late, even by a few minutes!)

Let me start with the most important: that I became an uncle again, just before the new year. Jennifer and Daniel had a beautiful baby girl, Ayelet. She joins Betzalel, Noam and Tali. I’m due for a visit, and can’t wait!

ayelet maayan cohen

If there’s one good thing about life, it’s that we can usually make fresh starts. Sometimes it’s harder and sometimes it’s not complete, but it’s possible for everybody to some degree. Just start by taking inventory, and figuring out what’s lacking and what’s extra.

In that sense, I completed a life detour by finishing the five courses I needed to earn the Google IT Support Specialist certificate. While I’m on the right track, I started freelancing on a new job that involves my old skills (always with a lot to learn), and hope to become fulltime – which will likely mean working on IT issues there as needed. Details to come. My Twitter feed on this site would be a good place to see it first.

Another big victory for me is all of you, reading this blog and following what I write. It was just Dec. 6 – 32 days ago – this blog hit 20,000 views. Believe me, I don’t visit unless there’s a reason, and that’s usually commenting to update a post. It’s the reason I urge you to comment. You may have come up with a thought I didn’t, and nobody else either, so you’d be adding to the discussion. You’re welcome to say nice things or maybe even criticize me (I’ve never refused to publish anything). But perhaps most importantly is you’ll get an email there’s an update on a topic you care about.

Right now, Monday night, the log says there have been 21,169 hits, and I’ve only published two posts since the 20,000 mark, 32 days ago. So thank you.

On the other hand, this email from Amazon arrived Saturday afternoon:

“We are writing to notify you that your Associates Program application has been rejected and you will no longer have access to Associates Central.

This action was taken because we have not yet received qualified sales activities from your account. As a reminder, Accounts that have not referred three qualified sales within in 180-days of sign-up are automatically rejected.”

Notice how I couldn’t have included that if I’d posted this when I originally wanted!

I’ve made no secret I haven’t made a cent off the blog and won’t ask you pay, make donations, etc., even though it’s costing me money. I don’t like how other sites do that, and also Facebook.

Furthermore, I promised to avoid a certain topic while I’m doing this outside freelance work, and if I become full-time, new thoughts on the topic will end permanently.

So without further ado, let me tie up some loose ends on some posts I’ve written about, pretty much linking to new articles that aren’t in the blog. I’m going to do it by category – Media, Middle East and Religion, and Other – not in any particular order in each category.

MEDIA:

Some cable customers around the country missed the NFL’s Cowboys-Seahawks playoff game over the weekend because of a retransmission dispute between the cable company and a broadcast conglomerate. https://www.ftvlive.com/sqsp-test/2019/1/6/the-fans-are-getting-restless

How many companies in the pay-TV industry have been raising their prices recently? Five: DirecTV, U-verse, Comcast, Charter and the latest, Dish. That’s despite the industry losing customers over the past few years, largely because of rising prices. https://tvanswerman.com/2018/12/23/dish-becomes-5th-pay-tv-op-to-raise-prices-for-2019/ Yes, the cost of programming is going up but I think the biggest culprits are local TV stations asking for more and more of that retransmission compensation, and regional sports networks. I suggest considering cord-cutting. And since I’m taking the time to write, can someone please tell me how to do it while keeping the news channels and a few others (plus, fast internet).

Here are some tips that could help us accomplish that cord-cut: https://www.makingsenseofcents.com/2015/10/cutting-the-cable-cord-by-getting-a-digital-antenna.html

Fox plans to sell almost everything to ABC/Disney, and getting rid of its regional sports networks was probably wise, considering ABC/Disney is having trouble selling them. https://nypost.com/2018/12/10/disney-plans-to-split-up-foxs-local-sports-networks-to-sell/

Why TV ratings (and the web) matter so much more than social media ratings, other than the fact the TV part makes money and the station actually owns its website. https://www.ftvlive.com/sqsp-test/2018/12/18/look-whos-crossing-the-street-in-dc

Why would anyone give a for-profit corporation that’s for sale (again) free money? What do you think? https://tvnewscheck.com/article/227094/tribune-broadcasting-gets-google-news-grant/

Columnist Harry A. Jessell says the government shutdown isn’t all bad, when you factor in the FCC and the market can do its job: “Wouldn’t it be nice if the shutdown of some pointless and counterproductive broadcast regulations were permanent?” https://tvnewscheck.com/article/top-news/227938/lets-make-partial-fcc-shutdown-permanent/

Where Les Moonves and loyal wife Julie Chen escaped to on New Year’s Eve to party, and how many of the world’s super-rich and super-powerful who probably hate hum hung out there before: https://www.mercurynews.com/2019/01/02/les-moonves-julie-chen-escape-scandal-on-david-geffens-590-million-yacht/

When do you go after your old boss? When he’s no longer your boss and loses $120 million. https://pagesix.com/2018/12/19/stephen-colbert-rips-les-moonves-after-he-was-denied-120m-payout/

Female meteorologist in Chicago looks like a young Shaun Cassidy. What she said, and what Shaun Cassidy did, as well! https://www.ftvlive.com/sqsp-test/2019/1/4/boom

NFL LogoTwo years of NFL ratings declines are over. This season, the National Football League improved its overall deliveries by five percent. In fact, 34 of the top 50 most-watched broadcasts were NFL games, and so were 61 of the top 100. Three of Fox’s “Thursday Night Football” broadcasts made the top 100 after Fox had nothing on Thursdays before this season. Maybe overpaying was the right choice. And NBC’s strong schedule of highly competitive games (the Sunday night average margin of victory was just 9.6 points per game, down from 12.9 in 2017) nearly closed the gap with Fox and CBS. They spend more, airing multiple games on Sundays to a team’s home city. https://adage.com/article/media/top-50-u-s-broadcasts-2018/316102/

The Olympics is taking the year off. So are political ads in most places. But there’s good news, considering vehicle ads are among the most popular on TV. Automakers reported an increase of 0.3 percent over a year ago to 17.27 million vehicles. That’s despite rising interest rates, a volatile stock market, and rising car and truck prices. “If there are lots of jobs and people are getting bigger paychecks, they will buy more.” So no worries about the broadcast business. Don’t let your boss tell you they’re broke. Ask for a raise! https://tvnewscheck.com/article/227839/us-new-vehicle-sales-slightly-17-27m/

Advertising on NFL games for the five ad-supported TV networks were up 3.6 percent through 16 of the 17 weeks of this season. https://www.mediapost.com/publications/article/329800/nfl-ad-revenues-up-nearly-4-this-fall.html

Boris Epshteyn clip artFTVLive got a Sinclair internal document that laid out their plans for their must-run “Bottom Line with Boris” segments. What one of President Trump’s former communications spokespersons, now “Chief Political Analyst” for the largest owner of local TV stations, makes for his commentaries. P.S. Boris Epshteyn signed a non-disclosure agreement with the Trump campaign and is barred from talking critically about the president. https://www.ftvlive.com/sqsp-test/2019/1/6/exclusive-sinclair-must-run-costs-nearly-a-million-bucks

sinclair skull and crossbones

A friend in the Oval Office couldn’t even see Sinclair buy Tribune: https://www.baltimoresun.com/entertainment/tv/z-on-tv-blog/bs-fe-zontv-sinclair-bad-year-20181211-story.html

Tribune Broadcasting CompanyColumnist Harry A. Jessell making predictions, including whether Nexstar will be able to close on its merger with Tribune by the end of the third quarter as it said when it announced the merger on Dec. 3: “The regulatory approval process is already a month behind schedule. On the day of the announcement, Nexstar said that the transfer application would be submitted to the FCC the next day and that the ‘comprehensive divestiture plan’ needed for complying with the FCC’s local ownership rules would soon follow. We’re still waiting.” https://tvnewscheck.com/article/227690/whats-store-19-jessells-8-ball-knows/

He said something different, less than a month ago. https://tvnewscheck.com/article/226599/sook-nexstar-sound-right-note-tribune/

Nexstar jumped on Tribune when Sinclair couldn’t become the buyer. As Nexstar looks to become the largest owner of local TV stations, its big boss insists the strategy is to stay laser-focused on local needs. https://variety.com/2018/tv/features/nexstar-tribune-perry-sook-ceo-sinclair-1203094572/

The number of gimmicks to get you to watch local TV news is growing, thanks to a viewer engagement platform I’m not going to help by naming. Wednesday mornings at 10 in Detroit, viewers choose the Big Story. The boss explained it’s

“not necessarily the lead story or the breaking story, but it’s the story we put more resources into, to dig deep into that story.”

Watch what happened in late October, when all three possibilities could’ve been big (except #1, in my humble opinion, and you’ll never guess what the viewers chose!). https://marketshare.tvnewscheck.com/2019/01/04/tv-stations-use-megaphone-amplify-news-ratings/

Think the biggest competition for TV news is that other channel? Think again. The rise of technology such as on-demand and “OTT” (over the top) viewing is the most direct threat. This article explains it all. https://cronkitenewslab.com/management/2018/12/21/the-future-of-broadcast-news-is-ott-on-demand/

2018-12-31 andy cohenPoor Andy Cohen! (No relation.) I insulted a longtime friend by saying Cohen doesn’t matter to me. Now, in a story you wouldn’t have seen here if I got this blog out on time, the Times Square Alliance is fighting his suggestion they singled him out when they made him take down his umbrella during his New Year’s Eve CNN broadcast. Cohen furiously ranted live on the air about being forced to take it down during a downpour. (Slavery is over. How much did he make?) According to the Alliance,

“It has been our policy that umbrellas are not permitted on the media riser so as to not interfere with media colleagues’ sightlines. There were over 100 credentialed members of the media and 15 live broadcast camera spots on the media riser this year.”

If CNN had paid for a stand-alone stage with no other networks present, there wouldn’t have been a problem. And despite Cohen’s claim the Alliance threatened to pull CNN’s credentials, they say, “Some tempers flared, but it was never the case, nor will it be the case, that CNN would be denied credentials or the ability to cover New Year’s Eve.” https://pagesix.com/2019/01/02/times-square-alliance-rips-andy-cohen-over-umbrella-claim/

Ryan Seacrest talks about moving from the west coast to New York – with his girlfriend – when he was tapped to co-host Live with Kelly and Ryan: https://people.com/tv/ryan-seacrest-opens-up-about-falling-for-girlfriend-shayna-taylor/

Netflix has had massive success lowering TV ratings but what about beating Hollywood? Netflix claims more than 45 million people watched “Bird Box,” making it the highest seven-day viewership of any Netflix original film. Could it get people to stop venturing out and spending money at theaters? The view is mixed. https://www.axios.com/box-office-movie-hits-record-sales-2018-hollywood-2c381e8c-8f7e-4573-9b4b-af127e7a9b68.html Preliminary numbers show theaters took in a record-breaking $11.8 billion in 2018, after years of relatively flat box-office admissions. https://www.axios.com/netflix-movie-industry-hollywood-bird-box-cb920482-4e59-4921-8b2d-632cdb9a47ac.html

How many times have I complained about Facebook on this blog? Let MediaPost tell you even more important information: “It comes as no big shock that Facebook is the least-trusted technology company. What’s surprising is the margin by which it wins this honor in a new poll by Toluna.” https://www.mediapost.com/publications/article/329889/facebook-is-least-trusted-tech-outfit-poll.html

mark zuckerberg facebookA new round of Facebook data controversies incensed lawmakers and added to the social network’s mounting problems. “Mark Zuckerberg testified that Facebook doesn’t sell users’ data,” according to Rep. Frank Pallone Jr. (D-N.J.), ranking member of the House Energy and Commerce Committee. “But the company does make deals to hand out consumers’ data for its own financial benefit, including by allowing companies to snoop, or even delete, users’ private messages.” Pallone vowed further action. We’ll see if Democrats and Republicans agree enough to pass a comprehensive data privacy bill. https://thehill.com/policy/technology/422569-lawmakers-grow-impatient-with-facebook

Comcast logo sizedThe Justice Department reportedly decided not to ramp up an investigation into Comcast buying NBCUniversal, seven years ago. That’s even though President Trump had doubled-down on his criticism of the merger as anti-competitive. In a consent decree, Comcast agreed not to withhold NBC programming from rival cable companies or video streaming services, but that expired in September. The DOJ had said it was still monitoring Comcast a month earlier, in August. https://nypost.com/2018/12/27/justice-department-backs-off-comcast-nbcuniversal-merger-probe/

Fewer people, especially younger ones, are watching network prime-time – but one expert said “It’s actually not quite as bad as we were expecting,” and another went with, it’s “still a valuable place to be for advertisers.” https://tvnewscheck.com/article/226770/broadcast-prime-still-8000-pound-gorilla/

When holiday specials and reruns started, CBS, ABC and the CW were having a rough go of it. NBC was hanging tough, and Fox showed renewed signs of life thanks largely to the influx of “Thursday Night Football” viewers. https://variety.com/2018/tv/news/tv-ratings-2018-this-is-us-cbs-abc-fox-1203095671/

fcc logoI’ve written about the FCC loosening rules and one that’s still around really bothers me when broken. So I emailed this letter to the Media Bureau, Policy Division, EEO Branch, where I’m sure somebody will read it when the government shutdown ends:
In early January, Scripps bought three TV stations as part of Gray Television’s acquisition of Raycom.
1.     WTXL, Tallahassee FL: Immediately named Matt Brown vice president and general manager.
2.     KXXV & KRHD, Waco TX: Immediately named Adam Chase vice president and general manager.
3.     WFTS, Tampa FL: Named Sarah Moore news director (Matt Brown’s old job) the very next day!
Your rules on hiring practices are below, along with the source.
For instances 1 and 2 above, were there already vice president and general managers in place who did not resign? How long can a TV station go without a vice president and general manager? Don’t they ever take vacations? Could another department head (or more) temporarily taken on the responsibilities, especially in such a large ownership group with plenty of managers overseeing the TV stations? Could Scripps, at a minimum, have waited to hire until after fulfilling your requirements?
For instance 3, news departments go without news directors for long amounts of time, trying out assistant news directors to save money. Again, could Scripps, at a minimum, have waited to hire until after fulfilling your requirements? (I think this one is the easiest YES.)
I don’t think any of the above qualify as “demanding or special circumstances” (especially #3) since sales happen all the time and Scripps was expecting these to happen. It wasn’t as if there was a disaster and the stations needed immediate leadership, or someone suddenly died and employees had to work while being comforted.
I see your rules of immediately hiring without posting being broken all the time and think it should stop. It’s all about who knows who, which defeats the purpose of EEO (Equal Employment Opportunity). Scripps excluded dozens of qualified and worthy men and women of all backgrounds from applying.
I hope you severely punish these stations, and others that do this in the future, because they will keep doing so until you stop them.
FCC rule requirements (https://www.fcc.gov/consumers/guides/eeo-rules-and-policies-radio-and-broadcast-and-non-broadcast-tv)
The FCC’s EEO rules require broadcasters and MVPDs subject to the recruitment requirements to:
§  widely distribute information concerning each full-time (30 hours or more) job vacancy, except for vacancies that need to be filled in demanding or special circumstances;
§  provide notice of each full-time job vacancy to recruitment organizations that request notice

coast guard logoThe government shutdown is having an impact on meteorologists. Meteorologist Brittney Merlot at KQDS in Duluth said, “As a meteorologist, an important reading we need this time of year is the water temperature. It helps us determine lake effect snow and also monitor lake ice formation.” But they’re not getting it from the Coast Guard. https://www.ftvlive.com/sqsp-test/2019/1/4/government-shutdown-hurts-meteorologists

On and off-air, behind the scenes, the deals, the politics: All the big media changes from 2018 https://www.cnn.com/2018/12/23/media/media-business-year-in-review/index.html

The Top 18 Media Grinches of 2018: https://www.nytimes.com/2018/12/23/business/media/worst-media-people-trump-fox-news-cbs-moonves.html

60 minutes
https://www.cbs.com/shows/60_minutes/

The Egyptian government tried to have 60 Minutes kill Scott Pelley’s interview with Egyptian president Abdel Fattah El-Sisi before it aired last night. Pelley and his producer gave more details. Plus, El-Sisi confirmed this is the deepest and closest cooperation Egypt has ever had with Israel. https://www.adweek.com/tvnewser/60-minutes-scott-pelley-rachael-morehouse-explain-story-behind-the-tense-interview-with-egyptian-president-el-sisi/390052 and https://www.cbsnews.com/news/egypt-president-el-sisi-denies-ordering-massacre-in-interview-his-government-later-tried-to-block-60-minutes-2019-01-06/

MIDDLE EAST AND RELIGION:

You’ve been seeing this growing cable channel’s Twitter posts on the side of this website (desktop, laptop) or below the posts (smartphone, tablet) for months already. https://www.ftvlive.com/sqsp-test/2018/12/21/i24-news-grows

U.S. Ambassador to Israel David Friedman hinted the Trump Administration will not be releasing its Middle East peace plan in the near future. The ambassador said it would be postponed by “several months” because of the Israeli election, April 9, and the ongoing refusal by the Palestinian Authority to accept the plan. https://worldisraelnews.com/us-ambassador-no-peace-plan-anytime-soon

National Security Advisor John Bolton met with Israeli Prime Minister Benjamin Netanyahu, last night, partly to signal the U.S. withdrawal of troops from Syria wouldn’t affect America’s support for the Jewish State. “I think in fact, under your leadership, Mr. Prime Minister – you and President Trump – we now have the best U.S.-Israel relationship in our history,” Bolton said. https://worldisraelnews.com/netanyahu-bolton-meeting-reaffirms-us-commitment-to-israel/

Two Jewish police officers filed a federal lawsuit against the Philadelphia Police Department in November, alleging years of anti-Semitic behavior by their colleagues and being punished professionally for alerting supervisors of their experiences. http://jewishexponent.com/2018/11/28/jewish-philly-cops-file-suit-allege-discrimination/

cory bookerSen. Cory Booker on why he refuses to condemn Farrakhan or Iran, by him and a close rabbi friend of 25 years. “We Jews are sick of being demonized. But we’re also sick of those who say that the demonization must end, but then refuse to condemn the anti-Semites, lest they pay a political price.” https://www.algemeiner.com/2018/12/10/cory-booker-refuses-to-condemn-farrakhan-or-iran-at-adl/

OTHER:

2011 Mayim BialikHow Mayim Bialik managed to spend Thanksgiving with the ex. Oh, not just him but his girlfriend – and his girlfriend’s ex. https://groknation.com/relating/mayim-thanksgiving-blended-family/

NBC’s top 11 must-read LGBTQ news stories of last year: https://www.nbcnews.com/feature/nbc-out/year-s-11-must-read-lgbtq-news-stories-n952346

Rock Hudson’s ‘true love’ says ‘I wish he had been born 30 years later’ https://people.com/movies/rock-hudson-true-love-lee-garlington/

All the best to you in 2019, or at least what’s left of it!

If you appreciate what you read here, subscribe 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 just became certified as an IT Support Specialist and am also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

Blogging better in 2019 after hitting 20,000 views in 2018

THANK YOU! I don’t know what else to say. There’s nothing special about hitting 20,000 blog page views except that it’s a big round number.

The blog is a hobby and will be four years old next month. It’s just a way for me to practice writing, learn better use of the web in blog and email situations, and connect and express myself without being a slave to Facebook, Twitter and the others. I’ve written about social media’s hacking and censoring issues herehere and here.

(On this special occasion, so you know what I’m referring to, I’m going to break what I’ve learned about “email situations” and give subscribers the entire post here in email form.)

FYI, here are the answers to four questions you may have:

  1. No, I haven’t made a cent off the blog. Instead, it costs me to have the domain without WordPress’ name in there, so it’s easier for everyone to remember. If you know me, then you know it’s not about the money. Maybe that’ll come someday.
  2. I’ve never refused to publish anyone’s comments on the blog. (WordPress does look for possible spammers, and I don’t see what’s there. If you post and don’t see it approved and online within a reasonable amount of time, then write to me on the Contact CohenConnect page.) In fact, I suggest you comment on the bottom of the blog site, rather than on Facebook, Twitter and the others.
  3. One reason I suggest that is it’s also a chance for you to respond as you wish, with fewer people seeing how you really feel. I can be honest and outspoken, and encourage you to be the same on issues you find important.
  4. Another is because I’m always *updating* blogs in the comments section. I’d guess the average post has a dozen updates underneath! (Go check!) If there’s something you’re interested in (say, net-neutrality), then comment. I always try to follow-up, which is something the mainstream media should do more often, rather than mainly trying to be first with a breaking story. Just this morning I posted this update with a link to The Hill that anyone who commented on Oct. 2 would’ve been made aware of:
  • “A HALF-MILLION MORE REASONS TO OVERTURN THIS! FCC Chairman Ajit Pai is acknowledging it’s a ‘fact’ that a half-million comments were submitted from Russian email addresses during the public comment period, ahead of the FCC’s net neutrality repeal last year.”
    The one thing I really ask is that you subscribe, so you’ll get an email whenever I post. You know it’s not often and youll never have to think about missing anything.

    Here’s to lessons learned and better work over the next 20,000!

    P.S. It’ll also be good to hear if there are any topics you’d like me to write about!

News starting out good but going downhill fast

It’s a happy moment at CohenConnect.com.

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

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

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

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

‘A’ for Amazon from minimum wage workers

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

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

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

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

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

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

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

Amazon’s founder and CEO Jeff Bezos said,

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

Click here for details on pay and benefits from Amazon.

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

“Let’s go to the verdict!”

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

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

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

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

According to yesterday’s New York Daily News,

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

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

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

The Associated Press had reported Wolf’s suit claimed

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

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

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

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

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

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

Wolf’s lawyer says they’ll appeal.

From radio and TV, to your computer and smartphone.

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

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

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

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

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

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

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

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

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

angry woman
https://pixabay.com/

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

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

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

We may even be at the point where he screamed,

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

(Let me know in the comments section below.)

The line

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

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

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

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

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

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

(“Yo, Adrian!”)

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

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

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

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

Stupid, stupid, stupid!

Sometimes I see or hear something so stupid, I lose control and have to call it out right away. That’s especially true when it comes from somebody who makes herself seem like some sort of expert on a topic. Unfortunately, this is one of those times.

Nachman header
https://lauranachman.wordpress.com/

I woke up to a lot of emails, as usual, but three were about blog posts from Laura Nachman, who has “Philly TV and Radio” on the top of her site. She has been writing about the subject since before I first came to town in 1998.

So much of what she writes is nonsense, which makes it good that her posts tend to be short, but take a look at the first of her three posts from overnight:

Nachman 1
https://lauranachman.wordpress.com/2018/09/26/furious-at-cbs3/

The ONLY thing good about this is that it happened after the storm and not during it!

She’s not just angry, but furious KYW-CBS3 broke into programming for what she referred to as a “weather alert” which was really a tornado warning, if she knew the difference and was paying attention. I mean, if it was on for ten minutes (I’d say almost, but I was doing my own work and not timing the meteorologist), wouldn’t a normal viewer have been able to get that? The coverage and maps seemed on point.

Does she really think TV stations make information like tornado warnings up? Maybe she’s confused that some stations call a “First Alert Day” or some other branding to get viewers to watch throughout the day because something may happen, but a tornado warning comes from the National Weather Service.

In fact, here it is:

tornado warning
https://forecast.weather.gov/product.php?site=NWS&issuedby=PHI&product=TOR&format=CI&version=1&glossary=0

 

If a TV station didn’t break into coverage for a tornado warning, then what type of weather coverage should warrant a special report? A few inches of snow?

And the tornado warning came from an arm of the same federal government that licenses TV and radio stations to use the public airways for the public interest.

The National Weather Service website says about tornadoes:

Biggest Takeaway: (Their bold font) Whatever plan you base off a tornado warning, that NWS tornado warning needs to be received instantly, & your plan triggered and accomplished rapidly (within a few minutes) to be of value.”

Isn’t that something that should be of concern to the public?

Nachman claims she’s furious because she “missed Inside Edition‘s coverage of the Bill Cosby sentencing.” BFD! (See definition #1.)

I’m sorry that was inconvenient for Ms. Nachman, but Philadelphia didn’t miss any coverage of the Bill Cosby sentencing.

Didn’t every station break into afternoon programming when he was sentenced? Didn’t all the stations have live reports from the Montgomery County Courthouse for the past two days?

Was anybody really surprised Cosby was sentenced to prison? The only variable was the length of time, and that gets less and less important when the convict is an 81-year-old blind man.

Then, she chastises the station:

“You just had three and a half hours of local news from 4-7 to talk about the possible tornado.”

That’s absolutely wrong. First, some math: 4-7pm is three hours, not three-and-a-half hours as Bachman claimed. Furthermore, the half-hour from 6:30 to 7 was not local news. It was the CBS Evening News with Jeff Glor, so that’s down to two-and-a-half hours.

Nachman certainly wouldn’t make a good news producer if she can’t time her newscast. Maybe her boss should double-check her timesheets for other exaggerations.

And yes, Glor’s newscast covered Bill Cosby for his national audience. I didn’t have three TV sets on at the same time but I’d guess the other two network newscasts did, as well.

You wanted more national coverage? What about CNN, MSNBC and Fox News? Did you consider those for hour after hour?

Does Laura Nachman really think local news from 4 to 6:30 can cover a tornado warning issued at 6:47pm? Let’s give her a lesson in telling time. 6:47pm comes AFTER 6:30pm. Therefore, there was no way to put a tornado warning issued at 6:47 into a newscast that ended at 6:30pm. Besides, if we could go back and control time, wouldn’t you be furious irked if that took away from your Cosby coverage?most viewed

Let’s look at some other numbers. CBS3 claims the two ‘Most Viewed’ stories on its website are Bill Cosby stories. Nachman can check there if she wants to know more. Plus, just about every other website in the world has Cosby coverage in some form or another! Does anybody else think demanding specific coverage from Inside Edition makes her sound like a two-year-old?

Does she think the weather wasn’t a story?

Look at all the storm reports around the area.

storm reports
https://philadelphia.cbslocal.com/video/category/news-weather/3941636-weather-update-heat-humidity-return/

Also, look at the number of rescues, thanks to first-responders. The video of the ambulance that had to be pulled out because it was stuck in high water was obviously from after the sun went down, and close to the area of the tornado warning.

ambulance flood
https://philadelphia.cbslocal.com/2018/09/25/heavy-rain-flooding-rescues/

By the way, has she checked Inside Edition‘s website for Cosby coverage? It’s right here:

IE Bill Cosby
https://www.insideedition.com/bill-cosby-sentenced-3-10-years-sexual-assault-case-47081

Seems like much ado over nothing.

By the way, her other gems from overnight:

Nachman 2
https://lauranachman.wordpress.com/2018/09/26/gritty-makes-inside-edition/

I’m so glad she got to see this, which has been all over the local news for two days, and the mascot even visited the local stations yesterday. It’s also here, for the rest of you:

IE Gritty
https://www.insideedition.com/philadelphia-flyers-mascot-gritty-ignites-social-media-firestorm-47102

Nachman is into sports coverage. Yesterday, she published separate posts naming the announcers for this weekend’s Penn State and Eagles’ games, and two short items on Monday about the same sports radio story.

Unfortunately, in this #MeToo world, she missed the big universal story that FTVLive.com’s Scott Jones mentioned and even non-sports fans would care about.

“Amazon’s live streams of 11 NFL ‘Thursday Night Football’ games will feature the first all-female broadcast booth in league history, the company announced on Tuesday.

“Andrea Kremer, a longtime NFL reporter and recent Pro Football Hall of Fame inductee, will announce the games alongside Hannah Storm, an ESPN ‘SportsCenter’ anchor and ‘Monday Night Football’ pregame show host.”

Amazon Thursday Night Football
https://www.ftvlive.com/sqsp-test/2018/9/26/ladies-night

And finally, her specialty, that she can’t stop writing about:

Nachman 3
https://lauranachman.wordpress.com/2018/09/26/happy-49th-anniversary-brady-bunch/

(That’s its, not it’s!)

Maybe Nachman should consider other people’s lives and property, and think of herself as lucky instead of furious. She did lose her credibility in the storm but I’m sure that won’t stop her from hosting a Brady Bunch party for herself today. Priorities!

I just wonder if Nachman is so furious at CBS3 she’s going to boycott Jessica Dean’s last newscasts tonight. Nah! I don’t wonder at all.

nachman jessica dean
https://lauranachman.wordpress.com/2018/09/24/another-new-normal-for-cbs3/

Her readers deserve better.

And please, 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.

Clarence Thomas, Brett Kavanaugh, justice and becoming a Justice

President Trump’s Supreme Court nominee Brett Kavanaugh will be giving the Senate Judiciary Committee calendars from 1982 to back up his continued denial of sexually assaulting Christine Blasey Ford. That’s according to The New York Times, late Sunday afternoon.

The year 1982 was 36 years ago. Do you have your calendar from back then? Heck, were you even alive back then? (I was and I remember, but my calendar situation was mainly my parents’ responsibility at that time.) At least Judge Kavanaugh can’t say his was accidentally deleted from wherever we keep our calendars, these days. On the other hand, looks like we’ll be keeping our calendars forever!

two men holding pen and calendar sitting beside table
Photo by rawpixel.com on Pexels.com

I explained in a lawsuit about 17-18 years ago (half the time since 1982?!) – when I mentioned plans and the other side immediately asked for my calendar – they’re good for some things and not for others. Calendars will tell what your plans were when you wrote (or saved) them. They were your intentions. Calendars won’t tell whether you actually followed through with the plans or changed them. Maybe you got sick.

(“So as I told you, despite what my old calendar said, no, I didn’t go to a movie with my friend Harry, that night!”)

Judge Brett Kavanaugh
Judge Brett Kavanaugh

Anyway, the calendar is supposed to help with Judge Kavanaugh’s denial, at least to some degree.

Let’s see. He was born in 1965. (Damn! All these “old” people’s birth years are getting closer and closer to mine!)

Dr. Blasey Ford is expected to testify in an open hearing in front of the Senate Judiciary Committee on Thursday. Click here for details on the conditions requested and what to expect, at least at this point. Just don’t swear by it under oath, since things are changing.

Kavanaugh graduated from Yale Law School in 1990 and clerked for some other federal judges. He actually interviewed for a clerkship with then-Supreme Court Chief Justice William Rehnquist, but was denied. Instead, he clerked for Justice Anthony Kennedy, whose retirement led to Kavanaugh’s nomination to replace him.

Justice Neil Gorsuch
Justice Neil Gorsuch

During that clerkship, he worked alongside Neil Gorsuch (born 1967!). He and now-Justice Gorsuch attended the same prep school! Small world.

SIDEBAR: Remember, Justice Gorsuch’s nomination came after President Barack Obama nominated Merrick Garland, who remains Chief Judge of the Federal Appeals Court, DC Circuit, where Kavanaugh has been a Circuit Judge since 2006! Again, small world.

But the Republican-controlled Senate never took up Judge Garland’s nomination.

BACK TO THE STORY: You’ll remember, President Donald Trump nominated Gorsuch to succeed the late Antonin Scalia. He was 49 and the youngest (successful) nominee to the Supreme Court since none other than Clarence Thomas! Justice Thomas was 43, back in 1991. You may remember, his nomination proceedings to replace the retiring Thurgood Marshall (quota?) were contentious from the start over the issue of abortion and Thomas’ conservative political views.

Then and now: Clarence Thomas at the EEOC (1989–1990), and as a Supreme Court Justice

Whose name is missing from that last paragraph? Law Professor Anita Hill, of course!

She’d worked under Thomas at the U.S. Education Department and then at the Equal Employment Opportunity Commission. It wasn’t until the end of Thomas’ confirmation hearings that her behavior allegations against Thomas were leaked to National Public Radio’s Supreme Court correspondent Nina Totenberg (still on the job!) from a confidential FBI report. I think we have déjà vu.

SIDEBAR: Just wondering if any of the TV networks have correspondents who focus on the Supreme Court. I remember in 1991 when NBC News took Carl Stern off the air after decades on the SCOTUS beat. It was pointed out that left nobody exclusively covering one of the three branches of our government, gathering sources for NBC. You can read more about the decision-making and see some familiar names (to us old people) in this Washington Post article. Stern, a lawyer, is now George Washington University’s Emeritus Professor of Media and Public Affairs.

1991 Anita Hill
Prof. Anita Hill (1991)

BACK TO THE STORY: Many of us actually learned the phrase “sexual harassment” during the Clarence Thomas/Anita Hill frenzy. Hill – a Yale Law School graduate and University of Oklahoma law professor – testified a mutual friend introduced her to Thomas. Then, he asked if she’d leave a private firm and work as his assistant at the Department of Education. After being happy for three months, he asked her to go out with him socially and everything changed when she told him it wouldn’t be right, since she was her supervisor. (I’m summarizing her statement from that same link above, sure to bring back memories for us older folk.)

“I thought that by saying ‘no’ and explaining my reasons, my employer would abandon his social suggestions. However, to my regret, in the following few weeks he continued to ask me out on several occasions. He pressed me to justify my reasons for saying “no” to him. These incidents took place in his office or mine. They were in the form of private conversations which would not have been overheard by anyone else.

“My working relationship became even more strained when Judge Thomas began to use work situations to discuss sex. On these occasions, he would call me into his office for reports on education issues and projects or he might suggest that because of the time pressures of his schedule, we go to lunch to a government cafeteria. After a brief discussion of work, he would turn the conversation to a discussion of sexual matters. His conversations were very vivid.

“He spoke about acts that he had seen in pornographic films involving such matters as women having sex with animals, and films showing group sex or rape scenes. He talked about pornographic materials depicting individuals with large penises, or large breasts involved in various sex acts.

“On several occasions Thomas told me graphically of his own sexual prowess. Because I was extremely uncomfortable talking about sex with him at all, and particularly in such a graphic way, I told him that I did not want to talk about these subjects. I would also try to change the subject to education matters or to nonsexual personal matters, such as his background or his beliefs. My efforts to change the subject were rarely successful.”

Then, Prof. Hill testified,

“During the latter part of my time at the Department of Education, the social pressures and any conversation of his offensive behavior ended. I began both to believe and hope that our working relationship could be a proper, cordial, and professional one. When Judge Thomas was made chair of the EEOC, I needed to face the question of whether to go with him. I was asked to do so and I did. The work, itself, was interesting, and at that time, it appeared that the sexual overtures, which had so troubled me, had ended. I also faced the realistic fact that I had no alternative job. While I might have gone back to private practice, perhaps in my old firm, or at another, I was dedicated to civil rights work and my first choice was to be in that field. Moreover, at that time the Department of Education, itself, was a dubious venture. President Reagan was seeking to abolish the entire department.”

There were no problems for her first few months.

“However, during the fall and winter of 1982, these began again. The comments were random, and ranged from pressing me about why I didn’t go out with him, to remarks about my personal appearance. I remember him saying that ‘some day I would have to tell him the real reason that I wouldn’t go out with him.’

“He began to show displeasure in his tone and voice and his demeanor in his continued pressure for an explanation. He commented on what I was wearing in terms of whether it made me more or less sexually attractive. The incidents occurred in his inner office at the EEOC.

“One of the oddest episodes I remember was an occasion in which Thomas was drinking a Coke in his office, he got up from the table, at which we were working, went over to his desk to get the Coke, looked at the can and asked, ‘Who has put pubic hair on my Coke?’

“On other occasions he referred to the size of his own penis as being larger than normal and he also spoke on some occasions of the pleasures he had given to women with oral sex. At this point, late 1982,1 began to feel severe stress on the job. I began to be concerned that Clarence Thomas might take out his anger with me by degrading me or not giving me important assignments. I also thought that he might find an excuse for dismissing me.

“In January 1983, I began looking for another job. I was handicapped because I feared that if he found out he might make it difficult for me to find other employment, and I might be dismissed from the job I had.

“Another factor that made my search more difficult was that this was during a period of a hiring freeze in the Government. In February 1983, I was hospitalized for 5 days on an emergency basis for acute stomach pain which I attributed to stress on the job. Once out of the hospital. I became more committed to find other employment and sought further to minimize my contact with Thomas.”

Hill ended up taking a job at Oral Roberts University.

“The dean of the university saw me teaching and inquired as to whether I would be interested in pursuing a career in teaching, beginning at Oral Roberts University. I agreed to take the job, in large part, because of my desire to escape the pressures I felt at the EEOC due to Judge Thomas.

“When I informed him that I was leaving in July, I recall that his response was that now, I would no longer have an excuse for not going out with him. I told him that I still preferred not to do so. At some time after that meeting, he asked if he could take me to dinner at the end of the term. When I declined, he assured me that the dinner was a professional courtesy only and not a social invitation. I reluctantly agreed to accept that invitation but only if it was at the very end of a working day.

“On, as I recall, the last day of my employment at the EEOC in the summer of 1983, I did have dinner with Clarence Thomas. We went directly from work to a restaurant near the office. We talked about the work that I had done both at Education and at the EEOC. He told me that he was pleased with all of it except for an article and speech that I had done for him while we were at the Office for Civil Rights. Finally he made a comment that I will vividly remember. He said, that if I ever told anyone of his behavior that it would ruin his career. This was not an apology, nor was it an explanation. That was his last remark about the possibility of our going out, or reference to his behavior.”

In case you were wondering (and who of a certain age wasn’t?), further discussions of pornographic videos Thomas had allegedly rented, including the now-famous Long Dong Silver, must’ve happened during questioning or cross-examination.1991 arlen specter

Anyway, members of the Judiciary Committee didn’t treat Prof. Hill very nicely. For reasons we don’t know and can only imagine, two women who made statements supporting Prof. Hill to Senate staffers never testified.

Then-Delaware Sen. Joe Biden (D) was committee chair. The late Pennsylvania Sen. Arlen Specter, then a Republican, gave Prof. Hill an especially hard time.

“Professor Hill, now that you have read the FBI report, you can see that it contains no reference to any mention of Judge Thomas’ private parts or sexual prowess or size, et cetera, and my question to you would be, on something that is as important as it is in your written testimony and in your responses to Senator Biden, why didn’t you tell the FBI about that?”

Déjà vu, once again.

“Professor Hill, you said that you took it to mean that Judge Thomas wanted to have sex with you, but in fact he never did ask you to have sex, correct?”

And then the former Philadelphia D.A. asked,

“What went through your mind, if anything, on whether you ought to come forward at that stage, because if you had, you would have stopped this man from being head of the EEOC perhaps for another decade? What went on through your mind? I know you decided not to make a complaint, but did you give that any consideration, and, if so, how could you allow this kind of reprehensible conduct to go on right in the headquarters, without doing something about it?”

You can see and hear some other lowlights in these clips:

2018-02-05 Anita Hill Gage Skidmore
Feb. 8, 2018: Prof. Anita Hill (by Gage Skidmore via Wikipedia)

Thomas denied everything and called the hearing a type of “high tech lynching.”

As we know, the nomination was moved to the full, Democratic-controlled, Senate, and Thomas was narrowly confirmed, 52-48.

Despite the Déjà vu, those were accusations of sexual harassment. The allegation against Kavanaugh is attempted rape.

Kavanaugh denies it happened, but he has had confirmation trouble before. In 2003, when President George W. Bush (#43) nominated him for his current job – Circuit Judge for the Federal Appeals Court, DC Circuit – it took him three years to get approved! He was considered too partisan and wasn’t sworn in until 2006.

Let’s not forget Judge Kavanaugh already has a job for life. Every federal judge does. It says so in the Constitution.

gavel judge

In fact, I got called for federal jury duty back in 1995, while producing afternoon and early evening coverage of the O.J. Simpson murder trial for WSVN in Miami. This was just before the L.A. jury was going to deliberate the verdict and we potential Miami jurors were warned, our case could last weeks.

I was angry after waiting a whole day in the courtroom doing nothing. Finally, we were questioned and I told off a federal judge using the line, “You have a job for life but I have to earn mine every day!” (You’re welcome again, Patrick and Alice!)

At the end, they divided everyone up into groups. Those in my group were very happy to be there, even though the judge hadn’t announced which group would get to go home, have to come back, etc. (Yes, we got sent home for good.) What I won’t do for a job!

So Judge Kavanaugh will not get any more job security if he is confirmed. He will just get more publicity as a justice on the nation’s highest court. (Would you still want that?) And the opportunity to influence the entire country. Also, don’t forget the ability to sell more books further into the future. Plus, maybe a movie, The Notorious B.M.K. (His middle name is Michael.)

Nina Totenberg
Nina Totenberg (NPR)

In 1987, President Reagan’s nomination of Judge Douglas Ginsburg (no relation to Justice Ruth Bader Ginsburg, of the movie mentioned in the last paragraph) to the High Court ended with his withdrawal nine days after it was announced. Judge Ginsburg, 41, was President Reagan’s second choice after the Senate refused to confirm Judge Robert Bork.

The reason was NPR’s good ‘ol Nina Totenberg  found out Ginsburg had used marijuana “on a few occasions” as a student in the 1960s and as a Harvard Law assistant professor in the 1970s.

That was a big deal at the time. President Reagan ended up nominating David Souter and not long after, President George H.W. Bush (#41) nominated Anthony Kennedy, who – again – is retiring now. But the way the FBI conducted background checks changed forever, causing a lot of other people to have to answer questions about whether they’d experimented with smoking pot.

Judge Ginsburg continues to serve as a Senior Circuit Judge in that same Federal Appeals Court, DC Circuit, I’ve already mentioned twice. No more ‘small world’ reference. It’s getting late and two pieces of more important news just happened.

Of course, a background check is different than investigating a person who is under suspicion of a crime, but the FBI does that for the president, in order to avoid an embarrassment like the Judge Ginsburg incident. Investigations are not left to people appointed by the Senate Judiciary Committee, as was recently suggested, because that’s obviously political.

Rachel Maddow wikipedia
Rachel Maddow

Maybe this will again change the questions that candidates for high positions, who will need to be confirmed by the Senate, will have to answer. The questions will have to be more specific than whether somebody sniffed glue in high school, which was one of the additions after the Judge Ginsburg incident, as MSNBC’s Rachel Maddow showed!

Let’s stop for a moment and recognize the stories uncovered by these two female journalists.

Perhaps new questions to be asked as soon as the Kavanaugh case ends will include dates of every “base” achieved ending in loss of virginity, as the analogy has gone, which could be a threat to the privacy of willing and non-willing second parties.

Perhaps it will be the height of the #MeToo movement because it could uncover old crimes committed by men who are supposedly upstanding citizens these days. That would be an important lesson to young men with high career hopes, but probably not amount to anything because no president would nominate anybody so much more prone to rejection rather than confirmation.

And we’d never know who they are.

Besides, how many men, in addition to more women these days, would be considered 100 percent innocent of any coming-of-age antics that has probably been around since just after the introduction of the world’s oldest profession?

That brings me to a point somebody – I forgot who – brought up on Facebook last week, probably in a meme.

What about the thousands of victims of priest sexual abuse, just the ones right here in this country? They didn’t speak up right away, for obvious reasons. Should their stories not be heard, even if there’s a statute of limitations to prevent criminal charges?

Then why are people calling for a vote on Judge Kavanaugh before hearing from Dr. Blasey Ford? Should Prof. Hill have not been heard, all those years ago?

According to the York (Pa.) Daily Record, last Monday – less than a week ago – a Pittsburgh-area man and Catholic school kindergartner filed a class action suit as lead plaintiffs,

“seeking the full disclosure of all Catholic dioceses’ records concerning sexual abuse by priests. …

“The complaint notes that the recent grand jury report that identified 301 predatory priests in Pennsylvania (click here to see all 1356 pages) ‘emphasized it did not believe the report identified all predator priests and that many victims never came forward.’

“‘Lack of a complete accounting and disclosure … constitutes a clear and present danger,’ the suit concludes.”

So while Dr. Christine Blasey Ford gets ready to testify against Judge Kavanaugh this Thursday, I’ll close with two pieces of news just in and can’t be ignored as I was about to publish:

First, The New Yorker‘s Ronan Farrow and Jane Mayer are reporting “Senate Democrats are investigating another allegation of sexual misconduct against” Judge Kavanaugh, this one dating from his time as an undergraduate at Yale.”

According to Axios,

“The second accuser, Deborah Ramirez, claims that Kavanaugh waved his penis in front of her face while she was inebriated at a dormitory party during the 1983-1984 academic school year. She told Farrow and Mayer that she believes an FBI investigation of Kavanaugh’s actions is warranted.”

Judge Kavanaugh’s response:

“This alleged event from 35 years ago did not happen. The people who knew me then know that this did not happen, and have said so. This is a smear, plain and simple. I look forward to testifying on Thursday about the truth, and defending my good name — and the reputation for character and integrity I have spent a lifetime building — against these last-minute allegations.”

And from White House spokesperson Kerri Kupec:

“This 35-year-old, uncorroborated claim is the latest in a coordinated smear campaign by the Democrats designed to tear down a good man. This claim is denied by all who were said to be present and is wholly inconsistent with what many women and men who knew Judge Kavanaugh at the time in college say. The White House stands firmly behind Judge Kavanaugh.”

On the Judiciary Committee: Sen. Chuck Grassley (R-IA), Sen. Dianne Feinstein (D-CA)

Christine Blasey Ford
Dr. Christine Blasey Ford

Then, “just minutes” after that accusation, according to Axios,

“The office of Senate Judiciary Chairman Chuck Grassley released the unredacted initial letter” Dr. Blasey Ford “sent to Sen. Dianne Feinstein in July detailing her account of the (alleged) incident” that both Dr. Blasey Ford and Sen. Feinstein expected to remain confidential.

It’s out and you can read it here.

To me, it looks like another alleged victim has just been betrayed.

Folks, will this ever end?

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

Labor Day weekend leftovers

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

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

amx_loop

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

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

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

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

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

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

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

feature Tribune gavel Sinclair

Now, Sinclair is countersuing.

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

It accused Tribune of pursuing a

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

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

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

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

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

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

LANGUAGE: Viewer discretion advised.

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

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

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

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

Ars Technica reported that on Wednesday, Trump tweeted this

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

(Hit the play button.)

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

Politico quoted him as saying,

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

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

No wonder he hates the media!

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

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

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

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

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

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

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

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

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

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

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

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

Zuckerberg later clarified in an email,

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

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

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

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

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

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

oakview cemetery

bar mitzvah shirt

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

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

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

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.

Not the typical pet, not the typical vet appointment

What a morning, and I hadn’t even gotten to the vet’s office!

morrisIt was time for Frisky’s first annual physical. That’s not counting the office visit she had a year ago, after I adopted her from Morris Animal Refuge on Clear the Shelters Day.

Frisky has always been a tough one. She was only four months old, which is extremely young to have had “the surgery” and be up for adoption – so I was told.

Her well-written bio read,

“I’m very mature for my age. I’m a Miss Smartypants. I’m going to be your favorite.”

friskys bio
Take out your resumes! How many of you have bios ready to go?
caseys baby pic
Casey’s baby picture, before we met

I didn’t grow up a cat person and had Casey for just about nine years at that point. When I got him at the Humane Society in Miami, I’d been told not to get a kitten but someone older, who knew how to be a cat.

Casey was seven months old. I didn’t even know cats could jump, and his timing with the camera was impeccable! My vocabulary wasn’t, with my then-five-year-old nephew Preston watching.

getting casey

Casey has been wonderful, moving with me from South Beach, to closer to my parents between Miami and Fort Lauderdale, to a Tennessee rental, then a Virginia house, to a Philadelphia rental and now our condo.

Casey’s first birthday and helping me grade papers.

The boy really knows how to take a catnap!

He taught me a lot about cats. I knew he could use company and he had so much to offer!

Casey on South Beach watching KYW’s Carol Erickson do the weather in Philadelphia, and having a good conversation with his grandmother.

So Clear the Shelters Day, 2017, sounded like the perfect (not “purr-fect” – I’m not like that!) opportunity to get him a little brother or sister, but I’d actually been thinking about it for a few years.

I’d asked around about getting a second cat and learned about keeping them in separate rooms until they got used to each other.

2017-08-29 casey frisky
Ten days after meeting

I was familiar with Morris through one of our Fox anchors, Lucy Noland. She hooked me up, and I got a tour and brought them donations. The funny part is, I lived two blocks away for two-and-a-half years (2001-2004) but never went inside!

clear the shelters

Anyway, Clear the Shelters Day is one of the busier days because the animals are free to good, loving homes. Just get to know each other, do some paperwork and bring a carrier if you’re taking a cat!

On Aug. 19, 2017, Pedro and I showed up, and it was like I was a kid in a crowded candy store.2017-08-19 Frisky morris animal 1

I told them what I was interested in, and they showed me where to look. It was a lot more cramped in Center City Philadelphia than a pretty new building in North Miami Beach.2017-08-19 Frisky morris animal 2

Others were looking but Frisky didn’t get much attention. I don’t know why. Maybe it was that others heard what I did, and she was only four months old.2017-08-19 Frisky morris animal 3

Anyway, she wasn’t very friendly. Maybe it was the ruckus going on. I can understand that! It took patience to get her to adjust, and she needed a little work on her eyes. (I don’t know her background.) She only recently started letting me pet her for more than a few seconds!

Last December, my parents visited and not only did Frisky steal food, she hid under the bed, waited for my frail mother to walk by, and then attacked her ankle when she did! She still goes after Pedro’s toes with her teeth. Luckily, I’ve long had a habit of wearing socks.

casey frisky variety

Now, Casey and Frisky are just like any other siblings!

On the other hand, years earlier in Miami, Casey and some other kittens were out on the floor at the Humane Society. The others were playing but Casey only wanted to be with me! That was an easy decision!

2017 casey birthday
One of Casey’s birthday cards, last year

(Truth be told, he started as KC. I changed the spelling. I wouldn’t confuse him with a name change.)

reading

Back to today.

I really had to fight to get Frisky into the carrying case. Fur was flying! She didn’t even care about the treats in the contraption.

I ended up with clothes looking white even though they weren’t, because of her hair, and scratches all over my arms from nails that had never been cut. (Last year, we forgot, and I couldn’t do it myself. Earlier tonight, my friend Ric mentioned I should’ve used a towel to hold her. Duh!)

Finally, I won.

We drove to the office and I signed her in. She listened to a big loud doggy wearing a satellite dish in the waiting room, who might have put her in her place. By then, after what I’d been through plus all that barking, all I was thinking about was Tylenol.

scale

The good news is Frisky weighs 9.5 lbs., which means she’s a big girl but not fat. (I don’t think she minds you knowing that, or her age for that matter.) Her teeth and everything else looked good, and she got three shots so quickly I didn’t even notice.

Oh, and she got her nails clipped for the first time! That’ll come in very handy when she’s in a mood.

Luckily, she didn’t have fleas. The doctor said he has been seeing them early and often this year, even in indoor cats.

But that wasn’t all.

post office

cleanser

We had to stop at the post office. Frisky came thisclose to getting mailed to her grandparents in Florida. I wonder if my mother would’ve signed for her.

Then, we walked to the Rite Aid across the street for a special cleanser for my arms. The doctor suggested it so I wouldn’t get cat scratch fever. (Frisky may be healthy, and Casey too, but they still have to step in their potty litter box.)

But it was great to overhear the doctor tell the technician all the way from where I was paying, “Awesome! What a healthy cat!”

That’s really what counts. Isn’t it?

blanket

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.

Sanctions against Sinclair? Sounds justified

It’s either coincidence, karma or a higher power when things come together in ways previously thought impossible.

This weekend, Jewish people around the world read the Torah portion Shofetim (שֹׁפְטִים, or “Judges,” comprising Deuteronomy 16:18–21:9).

The best-known line in it is the third, “Justice, justice shall you pursue” (צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף, Deut. 16:20).

Shofetim also happens to be the Torah portion from my bar mitzvah and it’s interesting that it’s coming up this week because an article in Axios yesterday said,

Sinclair Broadcasting’s failed effort to buy Tribune Media may soon become more than just a costly embarrassment. It could result in the company ultimately losing its broadcast licenses.”

Isn’t that what I suggested should happen, weeks ago, back on July 27?

And two days earlier, how

“It looks like one of the seven deadly sins – greediness – may have killed the (merger) deal!”?

Yesterday, Axios wrote,

“The conservative broadcaster has been accused of lying to the FCC, and of acting in bad faith with Tribune.”

There’s not much a huge corporation can do to anger the Federal Communications Commission these days – if it follows the rules, which get eased all the time – but lying is its one big crime.

Back on Jan. 27, I wrote the FCC was going to allow the deal but

“force Sinclair to sell off a bunch of stations because it’ll be (way, way, way) too big.”

And that was the crux of the problem: ownership limits and which stations would be sold off. Oh, and would the companies buying really be associated with Sinclair and let Sinclair control the stations?

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

In mid-July, FCC Chairman Ajit Pai 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.”

That was a huge surprise and the turning point in the drawn-out deal.

On July 24, the newspaper in Sinclair’s hometown, The Baltimore Sun, wrote what finally did the deal in:

“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’ Monday about whether the deal would serve the public interest.”

Ah, the public interest! It’s always nice to hear about that, since we’re talking about use of the public airwaves.

I quoted TVNewsCheck’s Harry A. Jessell on the seriousness of what Sinclair had actually been doing pretty quietly doing for years:

“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.

sinclair before tribune
Sinclair’s reach. Large enough?

“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.”

feature Tribune gavel Sinclair

Tribune called off the deal and sued Sinclair for $1 billion.

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

Of course, Sinclair denied everything and said in a statement,

“We have been completely transparent about every aspect of the proposed transaction.”

fcc commissioners 2018One thing Sinclair failed to do after telling the FCC it was withdrawing the deal was asking the administrative law judge, who FCC commissioners unanimously recommended look into Sinclair’s representations during the Tribune negotiations, to end his planned hearing. The FCC’s Enforcement Bureau said it had no problem if the hearing was terminated.

But Broadcasting & Cable reported “The FCC docket was still open” as of Monday and got confirmation from an FCC spokesperson,

“Although Sinclair’s pleading states that the applications ‘have been withdrawn’ and are to be dismissed with prejudice, it fails to specifically seek such relief from the Chief Administrative Law Judge.”

B&C added,

“That’s because the licenses are now before him, rather than the FCC staffers who had been vetting them before the hearing designation.”

tv airwavesThis is a world of bigger and bigger broadcasting companies – in part because of competition from cable, satellite and the internet – but as I’ve said about a million times, the broadcasters have special responsibilities since they use the public airways. And they need a tougher FCC to keep them, and the newer companies, in line.

On the other hand, Axios quoted Dennis Wharton, executive vice president of communications for the National Association of Broadcasters as saying,

“Scale matters when we are competing against massive pay TV conglomerates, Facebook, Apple and Netflix. If you want a healthy broadcast business that keeps the Super Bowl on free TV, that encourages local investigative journalism and allows stations to go 24-7 live with California wildfire coverage, broadcasters can’t be the only media barred from getting bigger.”

The FCC is still determining whether to raise the limits on TV station ownership above 39 percent. Most experts told Axios they

“believe that cap will be lifted above 50 percent, but they don’t know what the exact limit will be, or when it will be passed and implemented.”

RKO General 1962Anyway, the FCC has taken away broadcast licenses before. I wrote about the RKO General situation all over the country, and also allegations of impropriety in the granting of a Boston television license.

According to experts Axios spoke to, Sinclair’s first batch of licenses comes up for renewal in June 2020. (Look for more activist challenges then.)

They also

“describe Sinclair as a ‘hard headed’ company that rarely engages with D.C. and which recently lost its top lobbyist.”

That description should come as no surprise to any regular reader of this blog.

So for now, there’s no deal, but a lawsuit, between Sinclair and Tribune.

Sinclair’s alleged misrepresentations to the FCC

“can be reviewed by an administrative law judge during a license renewal hearing, were the FCC to recommend such a hearing (which may be likely, given FCC’s concerns and Sinclair’s many outside critics),”

according to Axios.

The judge could revoke Sinclair’s licenses outright, which would teach the industry and its investors a big, important lesson. But a telecom lawyer Axios spoke to said,

“A more likely scenario … is that the FCC would reach a settlement whereby Sinclair is required to divest stations.”

My opinion: Crush them or cut them down to size, but at least do something.

One last note is that Sinclair is going to have trouble finding another merger partner due to its potential license renewal issues, but also because Tribune’s lawsuit accused the company of being “belligerent.” It’s what happens when you’re too big.Tribune Broadcasting Company

Now to the Tribune side, where there is less justice.

Reuters reported the company is going to pay big

“bonuses to executives who worked for more than 15 months on its failed merger.”

You’d think they’d be in line for bonuses after a successful merger!

How big are these bonuses? Reuters reported the company said,

“16 percent of target annual bonuses, which had been conditioned on completion of the Sinclair merger.” (I underlined. –Lenny)

money dollars centsAre you hearing this, shareholders?

This is what it adds up to. Three top executives – chief financial officer Chandler Bigelow, president of broadcast media Larry Wert, and general counsel and chief strategy officer Edward Lazarus – will be getting

“between $102,000 and $160,000. Other executives will get bonuses based on a similar percentage of their targeted annual bonuses.”

Why?

“In recognition of the substantial efforts and time that each of them devoted to the company’s anticipated merger with Sinclair and their contributions to maintain and grow the company’s business,”

according to the company.

That’s if the company was actually spending money to “maintain and grow” the business which is doubtful because companies in the process of being bought are cheap, not replacing employees or equipment so the financial sheets look better.

And what about all the employees who were encouraged to work under harder conditions and so much uncertainty for so long?

That’s the world, these days, kids.

Reuters also mentioned,

“Last week, Tribune Media Chief Executive Officer Peter Kern told investors it (was) ‘open to all opportunities’ in terms of industry consolidation or remaining independent. He noted on an investor call there was ‘tons of activity out there.’

“Kern said he would continue to run the company until Tribune reached a ‘permanent state.’”

Keep in mind, last Monday, Tribune announced it

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

disney abc logo

But knowing Fox is selling most of its assets to Disney/ABC and looking for more stations to buy, especially those in NFL football team markets, I’d consider Tribune a seller rather than a buyer.

TVNewsCheck’s Jessell agrees, pointing out,

“Recall that just prior to the announcement of the Sinclair deal, Fox tried to swoop in and buy Tribune out from underneath Sinclair. It coveted some of Tribune’s stations and it feared Sinclair becoming too big an affiliate group for it to push around.”

Fox TV stations

I’d also consider telling the FCC not to let Fox buy any of those eight stations, except Seattle, because it owned them at one point and sold them when it made sense for the company. In other words, it showed no commitment to the communities or their people. Companies shouldn’t be allowed to sell unneeded stations and then buy them back when they feel they’ll make more money.

standard media

Besides Fox, which could face ownership limits, Jessell pointed to Soo Kim’s new Standard Media, which was going to buy nine Tribune stations in seven cities, and Nexstar as potential buyers.

Jessell also mentions there are a lot more stations on the market now than two years ago.

cox media group

Cox is looking for someone to buy its 14 stations, Gray is buying Raycom and has to spin off nine stations, and Cordillera will be leaving the industry once it sells its 11 stations.

So complicated!

But some more from Jessell on Sinclair:

“Not in the entire history of broadcasting, with the possible of RKO, has a major company so thoroughly managed to trap itself in such a regulatory and legal morass. …

“If Executive Chairman David Smith did not control the board, he would be thrown out for directing this debacle and hobbling the company at a critical time for it and the industry. It will be interesting to see who is made the scapegoat. …

“Sinclair can continue to churn out cash, but, from a strategic standpoint in broadcasting, is indefinitely sidelined. Until it resolves the alleged character issues at the FCC, it cannot buy a broadcast license. It can’t even renew one.

“Sinclair’s challenge today is to start digging out — and it’s going to be costly. First it must settle with Tribune. And then it has to return to the good graces of the FCC.” …

Also, “The Sinclair independent shareholders (could) file a lawsuit against Smith and his team for gross mismanagement.” …

And, “Indeed, Sinclair did everything wrong, allowing arrogance and self-righteousness to overcome its good sense at every turn.”

I think a lot of justice is what’s needed here, and soon.

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

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

Today, according to Axios, Tribune announced it

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

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

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

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

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

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

TVNewsCheck continued,

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

In the filing, Tribune said:

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

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

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

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

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

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

Bloomberg reported,

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

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

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

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

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

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

According to TVSpy,

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

sinclair before tribune
Sinclair’s reach, without Tribune

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

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

Boris Epshteyn clip art

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

jared kushnerAnd President Trump’s son-in-law and advisor Jared Kushner said Sinclair executives worked with the campaign to spread pro-Trump messages in Sinclair newscasts when he was running against Hillary Clinton, which Sinclair vehemently denied.

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

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

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

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

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

WGN-TV

TVSpy put it this way:

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

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

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

Tribune’s complaint alleges

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

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

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

This morning, Tribune released this statement:

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

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

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

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

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

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

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

Click here for the 62-page complaint.

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

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

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

Click here for 176 pages of exhibits.

Sinclair, for its part, put out this response:

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

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

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

FTVLive’s Scott Jones brought more from Ripley.

Chris Ripley statement

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

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

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

The FCC did not comment today.

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

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

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

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

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

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

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

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

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

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

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

Thursday Night Football logo

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

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

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

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

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

Fox WSFL WSVN

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

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

cox media group

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

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

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

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

Jessell ended his column by writing,

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

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

RECENT DEVELOPMENTS

Sinclair Acquisition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tribune Team,

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

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

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

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

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

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

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

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

Thank you, again,
Peter

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