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.

Advertisements

Ron DeSantis didn’t learn from Roseanne Barr

There are just 69 days until the midterm elections (for those of you who really explored all around this all-around great blog to see what’s new and what it has offered for so long, like relevant countdowns) and Florida held its primary yesterday. The ballot was packed and perhaps the biggest race was for Democratic nomination for governor.

Mayor Andrew Gillum (D) defeated former Rep. Gwen Graham (D)

governor democrat

According to the Sun-Sentinel, Andrew Gillum defeated Gwen Graham for the Democratic gubernatorial nomination. It was an upset for the 39-year-old Gillum, who has been mayor of state capital Tallahassee for the past four years. He beat Graham, a former congresswoman who had name recognition all over the Sunshine State as daughter of former U.S. senator and Florida Gov. Bob Graham. Gillum could now become the first black Florida governor ever.

ron desantis adam putnam

Rep. Ron DeSantis (R) beat Comm. Adam Putnam (R)

governor republican

I’ve written about the Republican side before, here and here. Congressman Ron DeSantis beat state Agriculture and Consumer Affairs Commissioner Adam Putnam by a wide margin. Things to note: DeSantis – a military man (Navy) and also 39, coincidentally – has President Donald Trump’s support; DeSantis appeared on Fox News many times while Putnam wasn’t given chances to be seen by Florida Republicans before the primary, except for a debate; DeSantis’ job as congressman has had him in Washington as chairman of the National Security subcommittee and member of committees on foreign affairs, the judiciary, and oversight and government reform; while Putnam was already in Tallahassee dealing with Florida issues.

Keep in mind, Wikipedia notes,

“A Democratic candidate has not won a gubernatorial election in Florida since 1994 when Governor Lawton Chiles was elected to a second term.”

Of course, this year, Trump is president and Gillum could become Florida’s first black governor so this will become an unusual election.

What’s not unusual is that DeSantis said on Fox News (again) how well Gillum performs in debates, but that he has far-left views and problems governing Tallahassee – and how the state needs to continue building off its success of the past eight years.

What’s unusual is the way he put it, in this 45-second clip:

“The last thing we need to do is to monkey this up by trying to embrace a socialist agenda with huge tax increases and bankrupting the state.”   – Rep. Ron DeSantis

Later, Fox News returned with a clarification from DeSantis’ campaign and also an apology.

This afternoon, on Fox with Shepard Smith, Gillum accused DeSantis of

“taking a page directly from the campaign manual of Donald Trump”

and said he believes Florida voters are “sick” of the division from DeSantis.

Gillum also said,

“Well, in the handbook of Donald Trump, they no longer do (racist) whistle calls. They are now using full bullhorns.”

For his part, President Trump said he didn’t hear the remark.

Gillum does have the support of democratic socialist Vermont Sen. Bernie Sanders and others on the left.

There’s no excuse for what DeSantis said, whether racial or not, and I’m not making that claim. I will say it was pretty dumb.

You would expect DeSantis – whose House biography website says he graduated magna cum laude from Yale, graduated with honors from Harvard Law School, earned a commission as a JAG officer in the Navy, and deployed to Iraq during the 2007 troop surge as an adviser to a U.S. Navy SEAL commander in support of the SEAL mission in Iraq and also served at the terrorist detention center at Guantanamo Bay, Cuba – would be more disciplined.

DeSantis – a lieutenant commander in the reserve component of the Navy who has won the Bronze Star Medal (meritorious service), the Navy and Marine Corps Commendation Medal (gold star in lieu of second award), the Navy and Marine Corps Achievement Medal, and the Iraq Campaign Medal – must not have been aware of the TV show that starred his supporter Trump’s big supporter Roseanne Barr.

ABC and its parent company, Disney, quickly pulled the plug on the new, highly-anticipated Roseanne after Barr wrote a series of derogatory tweets. One equated President Obama’s adviser Valerie Jarrett to an ape.

Roseanne logo ABC
ABC

Most of the cast and support staff publicly condemned Barr and quit the show. She lost a lot of entertainment industry friends.

Of course, not everybody condemned her.

But Monday, CNN reported co-star John Goodman said he was “broken-hearted” by what happened in the aftermath.

TV husband Goodman defended Barr, saying he knows

“for a fact that she’s not a racist.”

John Goodman Wikipedia-Gage Skidmore
Wikipedia-Gage Skidmore

Since then, ABC picked up a spin-off called The Connors that’ll focus on the rest of the family.

Yesterday, TVLine confirmed grandkids Emma Kenney (Harris), Ames McNamara (Mark) and Jayden Rey (DJ’s daughter Mary) agreed to be series regulars. It’ll be a promotion for Rey, who had been just a recurring guest star.

They follow Goodman (Dan), Sara Gilbert (Darlene), Laurie Metcalf (Jackie), Lecy Goranson (Becky) and Michael Fishman (DJ), who will also be returning in October.

According to CNN, Goodman seemed to either confirm or speculate the rumor the new show would kill off Barr’s character could be true.

“I guess he’ll be mopey and sad because his wife’s dead,”

Goodman guessed about his own character’s future.

Roseanne has reportedly settled with and separated from ABC, and now has her own YouTube show.

Rep. DeSantis, was it worth it?

Two more election notes from Florida:

rick scott bill nelson

Gov. Rick Scott (R) will try to knock off incumbent Sen. Bill Nelson (D) in November

senate republican

Two-term Gov. Rick Scott easily won the Republican primary for U.S. Senate. He’ll face three-term incumbent Sen. Bill Nelson, who ran unopposed in the Democratic primary. Wikipedia notes Nelson is the only Democratic statewide elected official in Florida.

house Shalala

Also, Donna Shalala, 77, won her Democratic primary for Congress in the 27th District to replace retiring Rep. Ileana Ros-Lehtinen (R). Shalala was President Bill Clinton’s Secretary of Health and Human Services for eight years and then president of the University of Miami for 14. Notably, the Miami Herald wrote Shalala

“knows how to ‘win friends and influence people’ — and raise money. All vital skills.”

But at the same time, it said she’s too close to

“the establishment political machine” and her “long-time friend Hillary Clinton(’s)” … “sometimes maligned foundation hired Shalala after she left UM.”

Regrettably, The Herald’s anti-endorsement explanation did not note what the Miami New Times reported in May: As University of Miami president, Shalala sold

“88 acres of critically endangered Miami pine rocklands”

to a Palm Beach County-based developer

“for $22 million — a complete steal for the developer in light of the relative worth of nearby property.”

Now,

“One of the last shreds of an ecosystem that does not exist anywhere else on Earth will soon become an apartment complex with a Chili’s, LA Fitness, and Walmart attached.”

Instead of endorsing Shalala, who The New Times wrote

“hopes to paint herself as a progressive, environmentally conscious Democrat,”

The Herald endorsed state Rep. David Richardson.

It said, among other good things, Richardson “made an impact … as a Democrat outnumbered in the Republican-majority state House .. reforming Florida’s broken prison system.”

Too bad Florida Democrats didn’t agree.

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.

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

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

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

NO sinclair tribune

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

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

cox media group

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

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

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

This slideshow requires JavaScript.

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

cox stations

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

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

wells fargo cox

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

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

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

How surprising?

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

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

sinclair before tribune
Sinclair’s reach now, without Tribune

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

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

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

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

Variety wrote at the time,

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

tv owner population share

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

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

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

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

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

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

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

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

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

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

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

Politico summed it up by saying,

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

During the 2016 presidential election, The Washington Post reported Sinclair

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

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

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

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

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

So what changed? Politico reports problems in three cities.

WGN-TV

First, in Chicago, the plan was to sell

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

According to Reuters,

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

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

Adweek added,

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

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

According to The Chicago Tribune,

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

WPIX

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

Adweek said also troubling

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

The Tribune reported,

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

According to Reuters,

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

So Politico said,

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

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

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

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

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

This keeps getting better!at&t time warner

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

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

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

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

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

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

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

“Throughout the FCC review process of the Tribune merger and divestitures, Sinclair has had numerous meetings and discussions with the FCC’s Media Bureau to make sure that they were fully aware of the transaction’s structure and basis for complying with FCC rules and meeting public interest obligations. During these discussions and in our filings with the FCC, we have been completely transparent about every aspect of the proposed transaction. We have fully identified who the buyers are and the terms under which stations would be sold to such buyer, including any ongoing relationship we would have with any such stations after the sales. All relevant agreements documenting such terms as required by FCC rules have been filed. While we understand that certain parties, which oppose the transaction object to certain of the buyers based on such buyers’ relationships with Sinclair, at no time have we withheld information or misled the FCC in any manner whatsoever with respect to the relationships or the structure of those relationships proposed as part of the Tribune acquisition. Any suggestion to the contrary is unfounded and without factual basis.

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

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

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

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

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

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

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

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

Former Fox exec Preston Paddon remembers in his blog,

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

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

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

So after losing out on Tribune,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Then, at 6:58, Trump took on CNN…

and got pushback from its PR department.

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

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

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

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

But wait!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RKO General 1962
1962 logo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TVNewsCheck’s Harry Jessell put it this way:

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

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

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

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.

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

I hope you’ve had a terrific Tuesday!

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

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

Sorry! (But not this one.)

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

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

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

So what’s the best solution?

I really don’t know.

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

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

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

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

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

no paywall logo
This graphic and all above are clip art

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

Just a thought.

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

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

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

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

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

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

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

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

Cambridge Analytica site
https://cambridgeanalytica.org/

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

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

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

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

So there!

And The Huffington Post also reported,

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

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

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

Good riddance!

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

donald trump ted cruz

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

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

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

Meanwhile, take a look at this list:

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

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

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

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

facebook coca-cola ad

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

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

That brings me to an article I tweeted earlier today.

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

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

ron desantis adam putnam
Ron DeSantis and Adam Putnam

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

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

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

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

Here is one more comparison.

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

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

Also,

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

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

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

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

tribune divest

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

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

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

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

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

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

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

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

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

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

And no Democrats’ names appear at all!

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

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

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

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

Now,

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

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

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

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

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

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

generic site

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

article page

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

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

Also, 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.

Media mega-merger may be moving closer, impacting Miami

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

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

feature no sinclair tribune miami

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

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

One week ago, TVNewsCheck‘s Harry Jessell noted,

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

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

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

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

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

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

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

sinclair broadcast group

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

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

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

Folks, that’s next month!

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

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

sinclair divest

and these are the stations currently owned by Tribune.

tribune divest

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

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

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

So let’s take a look.

Cunningham Broadcasting

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

First, notice “owns and/or operates.”

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

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

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

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

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

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

PlayStation Vue

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

Sony hasn’t commented.

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

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

sinclair before tribune
Sinclair today, without Tribune

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

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

So much for public service!

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

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

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

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

PUSH pushing FCC over Sinclair/Glencairn

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

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

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

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

FCC fines Sinclair for Glencairn control

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

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

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

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

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

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

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

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

But there’s a lot more evidence.

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

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

Fox TV stations

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

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

But not just WBFF.

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

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

But that’s not all, folks!

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

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

How’d that happen?

In Nov., 2012, TVNewsCheck reported,

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

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

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

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

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

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

But Sinclair and Deerfield were already in cahoots.

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

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

The next day, TVNewsCheck reported,

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

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

“While Sinclair was buying, it was also selling.

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

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

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

And that was the start of the Deerfield connection!

tv airwaves

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

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

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

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

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

To the next perspective buyer…

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

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

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

“its broadcast ownership rules every four years. …

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

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

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

But there’s more.

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

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

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

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

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

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

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

But I found it eventually gets somewhat better.

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

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

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

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

But that was then.

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

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

Howard Stirk Holdings Grabs WCIV for $50,000

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

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

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

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

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

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

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

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

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

Howard Stirk Acquires KVMY Las Vegas

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

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

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

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

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

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

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

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

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

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

standard media

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

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

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

meredith corporation

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

WGN-TV

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

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

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

TVNewser put it this way:

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

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

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

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

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

Greta Van Susteren Wikipedia
Wikipedia

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

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

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

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

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

WPIX

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

Tribune Broadcasting Company

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

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

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

Jessell of TVNewsCheck was more direct, saying all Sinclair

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

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

Fox network

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

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

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

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

Thursday Night Football logo

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

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

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

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

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

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

WSVN

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

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

WSFL

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

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

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

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

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

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

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

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

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

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

And somebody will end up with WSFL.

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

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

old tv sets

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

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

It also wrote,

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

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

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

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

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

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

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

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

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

The nerve, since Congress controls the FCC!

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

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

He led by saying,

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

But he said Sinclair is telling the FCC

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

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

Jessell explained Sinclair

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

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

So this is Jessell’s bottom line:

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

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

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

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

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

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

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

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

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

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

sky news logo

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

Rupert Murdoch wikimedia commons
Rupert Murdoch, Wikimedia Commons

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

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

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

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

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

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

at&t time warner

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

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

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

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

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

This is criticism from The New York Times

from the PBS NewsHour

from USA Today

and even Russia Today

and Al Jazeera English.

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

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

katu memo

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

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

Since then, The Poynter Institute said Emory University researchers found

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

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

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

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

Researchers warned,

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

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

Sinclair president and CEO Chris Ripley:

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

Tribune CEO Peter Kern to employees:

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

Of course!

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

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

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

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

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

Sanctuary cities judges show they know justice, not politics

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

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

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

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

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

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

jail Wikimedia Commons
Wikimedia Commons

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

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

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

Chicago Police Wikipedia
Wikipedia

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

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

Judge Daniel Manion wrote,

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

Rahm Emanuel Wikipedia
Wikipedia

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

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

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

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

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

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

DF-ST-87-11855
Wikimedia Commons

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

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

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

Give Alex Holley an A (and a raise)

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

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

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

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

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

social media

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

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

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

By the way, ShareRocket reports,

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

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

Imagine where they’d be without Alex!

Rudy Giuliani Wikipedia
Wikipedia

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

Giuliani said to the paper,

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

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

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

Chris Christie Wikipedia
Wikipedia

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

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

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

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

The website showed the governors’ official portraits:

This slideshow requires JavaScript.

According to NorthJersey.com,

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

Then the paper went on to describe those luxuries.

map New Jersey Wikipedia
Wikipedia

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

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

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

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

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

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

Please, 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.

Comey comes alive with tough talk against Trump

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

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

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

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

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

shane

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

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

Widener’s bio says,

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

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

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

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

hillary clinton donald trump

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

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

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

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

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

Stephanopoulos mentioned an announcement like that

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The next day, Politico reported,

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

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

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

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

Comey told lawmakers,

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

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

He said there were fundamental differences in the cases.

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

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

The firing happened while Comey was

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

(See: Mueller, Robert and presidential mistakes.)

trump letter firing comey

The Times continued,

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

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

He touched on many of the Trump administration scandals.

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

The Post reported,

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

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

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

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

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

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

Other interview highlights chosen by The Huffington Post:

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

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

Comey summed it up.

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

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

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

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

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

Republican National Committee chair Ronna McDaniel said in a statement,

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

Who didn’t try to sell their books?

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

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

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

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

and to the

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

Sad Face Emoji

Please, 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.