Difficult week, from anger to sadness, as election approaches

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

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

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

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

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

Later, he wrote,

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

Terrific job by Jordan and also the media.

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

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

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

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

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

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

FB Penguins

Oct. 30: Pittsburgh sports and community unity

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

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

texas ag

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

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

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

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

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

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

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

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

Oct. 29: Asylum seekers v. Trump

Speaking of watching who you’re seen with:

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

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

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

2018-10-11 mark segal mark my words

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

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

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

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

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

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

According to Wikipedia,

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

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

i am jewish

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

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

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

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

These tweets are still up:

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

2018-10-28 sarsour

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

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

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

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

The point of the article was that

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

But at the same time, Sarsour

“declared that feminism and Zionism are incompatible.

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

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

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

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

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

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

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

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

sample muslim question

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

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

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

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

And he tweeted out this:

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

(That’s Students for Justice in Palestine.)

What are we to think with such mixed signals?

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

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

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

Royce blocked Lenny

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

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

royce official

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

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

pls take it down

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

royce bio

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

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

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

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

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

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

Oct. 20: Early voting hints at huge turnout

Oct. 21: The “fake news” fix 

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

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

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

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

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

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

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

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

Oct. 27 was last Saturday’s murders

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

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

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

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

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

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

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

Oct. 29: Believing “All Jews Should Die”

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

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

Oct. 29: Eleven martyrs – What now?

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

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

Oct. 30: ADL letter against Rep. Steve King

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

Oct. 30: The ones who didn’t hate

Oct. 30: The media battle over radicalization

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

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

Oct. 31: Trump doubles down on terminating birthright citizenship

Oct. 31: The split decision over the past week

Oct. 31: Pittsburgh, and the nation, mourn

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

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

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

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

Nov. 1: Eleven empty chairs

Nov. 1: American Jewry’s false prophets

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

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

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

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

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

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

Nov. 2: Where early voting has exceeded 2014 totals

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

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

honest politician

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

ana navarro

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

Nov. 3: What I’m watching on Tuesday

Nov. 3: Crystal ball watch

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

Nov. 3: Where the money is going

Nov. 3: The gender gap in 2018

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

Nov. 3: Corporate America leans GOP in 2018 midterms

Nov. 3: The no-lose scenario for stocks

There are other links in my last post.

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

2018-11-02 ajacob

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

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

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

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

lenny apologizes

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

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

love your neighbor

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

Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like thisthis and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

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Not a good day for political thoughts, the USA as a whole

I’ve known I had another blog post “due” before the election, if you know how I think, but too much on my mind and so much going on – personally and in the news – to actually do it.

After this morning’s attack in a Pittsburgh neighborhood where I have family and have been to several times, I did some reading and a lot of soul-searching before starting to write. I’m hoping others who I trust and posted thoughts will unknowingly help a lot.

Like many similar to me, I pretty much grew up supporting Democrats. Jews coming from overseas had no money and learned all about sacrificing for their children. That became a tradition. However, I give my mother a lot of credit for saying she never voted for Jimmy Carter.

I started my last planned post (the latest was only because some other news came up and I started thinking, and creating a section about teaching) by saying,

“The ‘game’ of politics is no fun anymore. Discussing anything having to do with it used to be educating and entertaining, and sometimes enlightening, among friends and on social media. Not anymore. These days, it’s all for the kill.”

I ended it with two famous old sayings:

“If you are not a liberal at 25, you have no heart. If you are not a conservative at 35 you have no brain.”

and

“Jews earn like Episcopalians, and vote like Puerto Ricans.”

So let’s start this with someone who was able to sum up the past two days.

I dare any of you to try to be much more succinct than that.

I’ve considered myself a moderate for a long time, but may have been a bit more to the right lately. The reason is Democrats moving further to the left. It’s because they’re nominating young people who don’t know the history of this country and can’t explain international events. Then, there are those with experience who don’t have the guts to educate primary winners, but go ahead and pose in pictures like these.

warren booker
Sen. Elizabeth Warren (D-MA) and Sen. Cory Booker (D-NJ)

I mean, with all the people Elizabeth Warren could’ve rallied with against now-Justice Brett Kavanaugh? And Sen. Booker should learn to read.

Also see 1. “Minnesota Congresswoman Slammed for Calling Israel ‘Apartheid’.”
2. “Israel endangered by Democrat D.C. takeover, foreign ministry official warns.”
3. “Please, pro-Israel Democrats: Rescue your party.”
And don’t miss how political polarization is driven by small, loud, hyper-active groups of white voters.

It makes me very angry they’ve made fools of themselves posing with people who hijacked causes, and I honestly wish didn’t exist. Forgive me. I felt their stupidity would cause moderates to vote for Republicans in the upcoming midterms. That’s still to be seen, but maybe today changed that.

I got up late and turned on the TV. I saw what was going on, made sure the family was OK, and posted these messages. I looked for the first graphic based on what I saw on TV.

pgh fb 1
https://twitter.com/realDonaldTrump/status/1056200966809288704

The second was after hearing the quote attributed to the suspect.

pgh fb 2
https://www.jta.org/2018/10/27/top-headlines/least-4-reported-dead-pittsburgh-synagogue-shooting

You see my thoughts on both. Later, I compared the rest of the president’s day to an event from 46 years ago that too few people either knew or remembered. It has to do with caring and honoring victims.

munich olympics

Honestly, it seems the world doesn’t care when it comes to Jewish victims. The president didn’t go to Pittsburgh. Instead, he went to political rallies and got people all riled up.

This is what a CNN producer reported tonight.

And this is what that type of rhetoric can do in the middle of an average weekday, this week, when a reporter was about to go live on the air about the mail bombs.

https://www.adweek.com/tvspy/wabc-reporter-reacts-to-woman-yelling-fake-news-during-live-shot/209351

Also: “Media Decries, Eric Trump Applauds Dad’s ‘Fun’ Praise of Congressman’s Assault On Reporter.”

thomas jefferson free press
Verified at https://famguardian.org/Subjects/Politics/ThomasJefferson/jeff1600.htm

Yes, the mail bomb suspect went to my high school, several years before me.

But back to the main story, this is what a staff editor and writer with The New York Times opinion department wrote about her hometown.

Apparently Mr. Fred Rogers, who preached to children about being a good neighbor, lived just three blocks away.

The president said armed security would’ve helped today. I don’t know how many American congregations of any faith have that, except possibly synagogues during the High Holidays. Maybe the president was just bringing up a political talking point.

(There’s also a new article, “Pittsburgh shooting may be ‘turning point’ for US Jewish security, says European leader.” It quotes a former president of a group of Belgian Jewish communities as saying relatively lax security at American synagogues “simultaneously impressed and worried me,” and “In Europe, the prospect of deadly expressions of anti-Semitism is a part of life that we grow up with.”)

We are “chosen” when it comes to extra security expenses, even at cemeteries, all over the world. Just do a search if you don’t believe that. Unfortunately, you’ll often find somebody did something within a week.

Of course, Ivanka Trump became Jewish. She and husband Jared Kushner have two sons and a daughter. Does her synagogue have armed security (and I’m talking about before they moved down to Washington, and when nobody from the family is there, nor anyone else requiring special protection)? By the way, I don’t think Mr. Trump went to either of his grandsons’ brises.

Here is another take on armed security, plus the video.

I’d never heard of writer Judd Legum before doing research tonight, but he’d already done his research – posting several tweets, today alone, about President Trump and Jewish people. This should all be hard to believe, especially since the president has a Jewish daughter and grandchildren, and has been part of the New York real estate market for most of his life.

You’ll find his Twitter posts at @JuddLegum. I suggest you click and read, and predict you probably knew about several of these incidents and forgot several others. Also, I just subscribed to his new website, Popular Information. He calls it “News and perspective for people who give a damn” and I think it’s worth a look. (I’ve always believed in hearing both sides from believers, even if I disagree. Helps me understand the issue better.)

I will point out this one tweet out of many, and it happened this past week.

Notice, in it, House Majority Leader Kevin McCarthy goes after three people, and all are Jewish. (OK, one is half.) Coincidence?

According to JTA,

“The Republican congressman from California tweeted a video of himself making the comments on Tuesday and temporarily pinned it to the top of his feed before deleting the Twitter post entirely.”

Then, there’s the Pennsylvania governor’s race coming up. This is from the incumbent, who is running for reelection.

His opponent put out two tweets since the tragedy. This one was posted at 1209pm…

and this one came one minute later.

Not once did he mention the victims were Jews, or that the victims were targeted for that reason. He didn’t call it what it was. Think it’s an important part of the story that a politician should mention?

But CNBC’s John Harwood reminds us not to forget Scott Wagner’s judgment and thoughts of violence when it came to this TV ad, earlier this month. Like we would, since we already posted it! Wagner can’t blame anybody but himself, since nobody else appeared.

“Well, Governor Wolf. Let me tell you what. Between now and Nov. 6, you better put a catcher’s mask on your face, because I’m going to stomp all over your face with golf spikes.”

And this is Wagner responding to his comments without apologizing (“I shouldn’t have said what I said”).

Another gem you can watch in that post is White House spokesperson Sarah Huckabee Sanders making the claim,

“The president in no way, form or fashion has ever promoted or encouraged violence.”

PolitiFact gave her a ‘false’ for her June 29, 2017 remarks.

And speaking of remarks:

You see what Louis Farrakhan posted on Oct. 16. It’s even a subject in my own congressional district’s race. (Pennsylvania just redistricted because of a gerrymandering lawsuit. The Democratic incumbent has represented a lot of suburbanites, but the district has become more urban and his support for Israel has diminished.)

These are also clips from recent Farrakhan speeches.

They and many more of the minister’s comments are up on Twitter, which just admitted it didn’t follow its own safety guidelines when the mail bomb suspect’s tweets were reported to the company, weeks ago!

rochelle ritchie twitter

And less than two months ago, I showed how Mark Zuckerberg, himself Jewish, would allow Holocaust-denial on Facebook.

Zuckerberg apparently doesn’t realize hate groups start their anti-Semitic talking points by saying the Holocaust never happened.

He clarified with,

“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.’”

Thanks a lot! But who knows how many times the Facebook algorithm changed since then?

And I would’ve hoped Sheryl Sandberg, who grew up in North Miami Beach, whose brother David was my high school class valedictorian, would’ve set him straight.

Maybe Facebook will do better here: “Facebook Election ‘War Room’ Targets Fake Info.”

So after today, what do I think and who am who am I going to vote for? The voting part is easy where I live. I’m happy I don’t have to make a decision in the Florida governor’s race.

As for my thoughts, we’ll have to see. I don’t like either political party, nor how candidates have to choose between the two, or switch to have a better shot at winning or getting a leadership position. Pennsylvania Sen. Arlen Specter switched twice! People say they’ll never vote for a Democrat, or never vote for a Republican. They’re short-sighted because there are good and bad in both.

I stopped supporting HIAS (the Hebrew Immigrant Aid Society, but you won’t find that name on its homepage!) when it started trying to help everyone in the world, including many I believe have alternatives to coming to the U.S. (I mean, there are other countries, several good ones besides the others.)

Sawdi Arabia

I think every country has the right to defensible borders and can decide who gets in. Threat to life or threat of extreme persecution are two good reasons. I know a group practically nobody let in, 80 years ago, and we know how that ended.

But I wonder why so many Jewish groups feel the need to help when there are so many other issues going on here and in Israel. Why don’t they concentrate on feeding the hungry? It’s the conflict between liberalism (political correctness) and Judaism. Even Conservative synagogues (not politically conservative, but with a capital C) are adopting families new to the U.S. You can be a good neighbor without going overboard and probably alienating others.

Other groups that raise money to help elderly Jews in Russia should be trying to get them to Israel instead.

I don’t know Bianna Golodryga’s circumstances, but her website doesn’t seem to have been updated in more than two years (except her current jobs in a logo at the top), and CBS’ says she’s fluent in Russian but her hometown is Houston.

Today was a real eye-opener.

Here are some articles I skimmed through and found interesting, and personally think are worth another look:
Will Pittsburgh Synagogue Shooting Be A Wakeup Call For Jews Who Enable Trump?
From earlier this year, “White Nationalism Is Spreading In The Orthodox Community
The Real Rift: How the Left Is Driving Liberal Jews Away From Israel
Feel free to comment in the section below.

Perhaps I should watch less cable news, even though I don’t watch a lot. Maybe even loosen my ties to social media. I’ve found myself reading interesting articles, some even sent to me by friends who knew I’d be interested. But I’ve also had success calling out some people commenting on friends’ sites, occasionally just for the fun!

Just like in the upcoming election, it’s about acting on something and changing behavior, rather than just waiting and seeing.

P.S. Speaking of changing behavior, why this Dallas sportscaster and commentator is voting for the first time in 46 years!

Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like thisthis and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

Thinking about teacher’s child porn trouble and my old school’s website

Today, I found out some news about someone who went to school with me, pretty much since kindergarten. In fact, I think he lived two blocks away. I probably haven’t seen him since junior high, which is what we called middle school in those days.

He was very smart and probably could’ve done anything. Eventually, he became a teacher in Florida, near where we grew up. That, I knew. Nothing else, since we hadn’t kept in touch.

Now, I found out he’s in big trouble, pleading guilty to a count of child pornography possession. He’s not the first person I knew, and also not the first teacher.

Don’t ask me what I think. I don’t know the guy. I know what I read, and you can look it up if you have any interest. (I won’t share anything else because what I read made it clear there was electronic possession, and it came from outside this country. Therefore, there’s no threat nor need-to-know in this blog post. Anybody who’d need to know already does.)

That got me thinking about the school where I started teaching. Regular readers know I did way too much there and was taken advantage of. That included figuring out how to be webmaster of the school’s old website. I was assigned that responsibility since I had my own site for my classes throughout that time.

I know since I left, the school had a big web problem and apparently had to pay to get the job done. (It’s funny how they finally found money when they had nothing for me, but I got the last laugh through education, experience and respect.)

lenny michael charlot
June 6, 2012: Honored at the Teacher of the Year luncheon

All this thinking got me to check out the school’s website and I was not pleased.

Below is the email I sent to Miami-Dade County Public Schools’ superintendent, the board chairperson, and the board member whose district includes the school.

Keep in mind, the school is between North Miami and Miami Shores. The majority of the school population was Haitian when I was there, and I have no reason to believe that changed over the past five-plus years.

(I kept the web links in for time purposes, and so you can see for yourself how things are being done and what I’ll be discussing. It’s exactly like the email I just sent.)

email

Hi! Please take just one moment to think about the importance of getting complete, accurate information out to all of your stakeholders, at all of your schools, and looking professional in the process.

I know Superintendent Carvalho recognizes the significance of not just appearing but also being competent, and would think he, the Board Chair and District 2 Board Member will feel as badly as I do after seeing what I just saw on the website of the school where I used to teach, run the website, serve as grade chair, electronic gradebook chair, EESAC secretary, Rookie Teacher of the Year, Teacher of the Year, and too many other things.

Today, I was shocked by what they’re showing the world on the internet.

First, on the District’s information page on Hubert O. Sibley K-8 Academy http://www.dadeschools.net/schools/schoolinformation/school_details.asp?id=5141, the Principal’s Message writes the old school name (Hubert O. Sibley Elementary) which was changed years ago. He does it *three* different times in one single message. His message is not timely. There is no year on it. How long do you think it has been since he updated it? (And just wait. Keep reading and you’ll see I found it at three other locations!) The picture on top has that old school name on it. And there’s a link for the 2012 bond referendum still up. What grade are the children who were born that year in now?

Clicking onto the school’s actual site (which redirects to https://www.hubertosibley.org/

On the homepage:

The Principal’s Message https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=295193&type=d on the right side is exactly the same as I wrote about above, with the wrong school name.

elementary on homepage

“Who is Hubert O. Sibley?” on the left side should be “Who was” since he’s dead. Also, a phrase inside the link https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=297771&type=d looks more like an old phone company than a correctly-spelled description. (I’ll explain it to you later in this letter, if necessary.) A more recent picture of him would also be nice. I know the school had a painting when I was there. Personally, I think the students at the school would relate more to him as an old man in a suit, rather than what they’d consider an old picture of someone in a strange-looking uniform.

who was

phone company

While you’re there, look at the directory of links on the left side. There seem to be two links on most pages on the site and that’s bad, because I don’t think the first link works any of those pages and the second links to one particular person (a math coach) who is listed on every faculty and staff page, and more as you’ll see. FYI: It should probably link here https://www.hubertosibley.org/apps/staff/, but that page isn’t totally up to date.

Back to the homepage:

The “Food Menu” https://www.hubertosibley.org/apps/food_menu/ has a blank calendar, like they’re not serving anything for breakfast or lunch. My first thought was that the page could link to a District page since schools tend to serve the same foods. Don’t worry. I found where it should go: http://nutrition.dadeschools.net/#!/rightColumn/193. I would actually separate the District menus page from the “To Apply Online for Free and Reduce Price Meals” page. (It should really say “Reduced.”) I’d also add the page to pay for lunch, which is right there, and could save time in the lunch line.

The PTA page https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=295215&type=d looks very old and I don’t think any of the teachers listed have taught at the school in years. Furthermore, Ruth Robert’s name is spelled wrong. It’s not “Roberts” as you can see in her email address. (She’s one of those former Sibley teachers.)

The “Mission Statement” underneath is complete right there, so why do they begin another sentence (which never ends) and wastes the reader’s time to click a link when the new page simply restates that mission statement?

mission

Don’t forget, the homepage is the most important one you have.

Look at the top, and the “About Us” section:

There are at least two errors in “News and Announcements” https://www.hubertosibley.org/apps/news/. The first link there (Middle School Mock Trial Virtual Competition, https://www.hubertosibley.org/apps/news/show_news.jsp?REC_ID=524303&id=0) has a hyphen where there shouldn’t be, and the paragraphs ends referring to “finals rankings.”

bad hyphen and finals rankings

The third link (Social Media Toolkit, https://www.hubertosibley.org/apps/news/show_news.jsp?REC_ID=520826&id=0) needs no explanation. Just look at it, and notice the repetition and lack of proofreading. I remember teaching the students to proofread. Also, there’s nothing to click where it says, “Please click here.”

repeat and no click

In “Upcoming Events” https://www.hubertosibley.org/apps/events2/?id=0&v=1&m=9&y=2018#today, there is nothing planned past October? When did you publish the school calendar? (We’ll get to more on that.) And why not post the whole school year on one page instead of separating by month? Wouldn’t that be more reader-friendly?

In “School Improvement Plan,” (redirected to https://www.hubertosibley.org/pdf/5141.pdf), is 2014-2015 really the latest available? How many more recent ones were finished but never posted? I know a thing or two about this, considering I used to sit at the former assistant principal’s desk instead of teaching my students, and typing, doing math and coming up with ideas to write. I also went to a session at another school for administrators on how to do the SIP when again, I should’ve been teaching. We’ll get to more on the assistant principal. Until you get there, think about who gave him permission for me to not do my job.

In “Photo Albums” (plural in the menu but singular on the page https://www.hubertosibley.org/apps/album/), the “School at a Glance” is no more than a glance because there are two pictures and one is fake! https://www.hubertosibley.org/apps/album/#!albumREC_ID=105733&s=0

In the “Video Gallery” https://www.hubertosibley.org/apps/video/, there seems to have been no videos uploaded in two years. I’d consider deleting any whole section with nothing but old material to avoid embarrassment. The reader won’t miss what he or she isn’t trying to find.

Now, to the “Academics” section:

The “Classes/Homework” page https://www.hubertosibley.org/apps/classes/ shows there are zero classes offered at the school. Make that “0 classes” for every subject.

The “Departments” page https://www.hubertosibley.org/apps/departments/ is similar with “0 classes” for every subject, but staff member numbers are listed and they’re NOT zero.

Also in “Departments,” the Principal’s Message is the exact same old one from the District’s info page, the school’s homepage, and in the “About Us” section. That means it’s wrong in three places the school controls (and that message, in turn, gives the wrong school name three times in each of those places).

That math coach I mentioned earlier, after Mr. Sibley’s biography, is listed in addition (like that math phrase?) to the folks who actually work in each of the other departments (like cafeteria, custodial, security, etc.)! Check them all out.

But more importantly, check out Administration https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=297881&type=d. Yes, she’s there too, but worst of all is the page includes the former assistant principal I referred to earlier who was the subject of many news reports, including the links I’m about to show you, and who will continue to serve time in federal prison for almost the next two years! (Go to bop.gov and look him up.)

clippinger bop

https://www.justice.gov/usao-sdfl/pr/public-school-assistant-principal-sentenced-58-months-prison-and-25-years-supervised

https://www.miamiherald.com/news/local/crime/article161855528.html

https://www.local10.com/news/crime/assistant-principal-granted-200000-bond-after-arrest-on-child-pornography-charges

https://patch.com/florida/miami/miami-beach-assistant-principal-allegedly-went-666prv

https://www.nbcmiami.com/news/local/Miami-Beach-Assistant-Principal-Accused-of-Child-Porn-Leaves-Jail-412607673.html

https://www.palmbeachpost.com/news/crime–law/former-florida-assistant-principal-gets-nearly-years-for-child-porn-charges/vlpCjTWGq7EaIA1SvIyFgJ/

https://www.local10.com/news/crime/family-supports-assistant-principal-arrested-on-child-porn-charges-at-hearing

https://wsvn.com/news/local/assistant-principal-arrested-on-child-porn-charges-faces-judge/

https://www.briansilber.com/don-clippinger-miami-florida-arrested-allegedly-downloading-child-pornography/

https://miami.cbslocal.com/2017/02/02/bond-set-for-assistant-principal-charged-in-child-porn-case/

https://www.facebook.com/FDLEpage/posts/1648494785191744?__xts__[0]=68.ARDRJOdCWkzwN6bUPoYBJY6OnIo7yovY3-U9pjp4R8GI4FyLDYXW2EU3L3mEhlZIFatYBlM2YGEfOeu6RATypuiXVkes62s7-A6o_FsXuH-Hq–0rAGR-8-EICrjVyJzSseUyLlAp6Nek0H8WsTgT2DKagWVvAPCZB2kTUKEJgFEsXlzP9N7IMdqJ2lCj-FAhWojhOqi8HvUxW2HJdqov6T3o7Q&__tn__=-R

I don’t know how this happened. You’d think somebody would’ve/should’ve noticed!

Continuing in the “Academics” section:

The Bell Schedule (singular in the menu and plural on the page, which is the exact opposite of the Photo Album mention from earlier) https://www.hubertosibley.org/apps/bell_schedules/ lists bell times for two prior years but nothing for this year. Why would anybody care about an old bell schedule? (You’re making me think of Mrs. Sibley, a belle rather than a bell!)

Now to the “Students” section:

Under “Student Links” https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=295194&type=d, you see that same math coach again! As I mentioned earlier with most pages on the site, the directory of links on the left side is a waste because the upper link doesn’t work and in this case, the content that the lower one links to could actually be on this page! (Remember about being reader-friendly?)

Go to that lower link https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=295194&type=d&termREC_ID=&pREC_ID=links and you’ll see the first two items are old school calendars! You’ll remember I asked about this year’s school calendar, when discussing the About Us/Upcoming Events page. Old, outdated information confuses people, whether it’s on calendars, bell schedules, the school’s name, or anything else you can think of outside a history class. You want to inform, not confuse.

Under “Clubs and Activities” https://www.hubertosibley.org/apps/departments/clubs.jsp, look at Fairchild Challenge https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=295204&type=d and you’ll notice information about 2008 and 2009! I was teaching at Sibley *Elementary* in 2008 and 2009 (this page has the school’s name with Elementary four times, which shows how outdated it is) and even volunteered to chaperone the afterschool trip down to Fairchild for the awards ceremony! Again, what grade are the children who were born then in now?

I see they’ve decided to call Reading https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=295201&type=d a “Club and Activity” and even though I haven’t seen the old school website I ran for years for free, since the principal could never find the money, I could swear they took my writing verbatim and copied and pasted it over. Has the Suggested Summer Reading List changed in about the past decade? I know my writing, and the introduction probably hasn’t. Were any new books written in all that time?

They did the same with Science https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=295202&type=d and listed a 2012 event as one of two short paragraphs. That second paragraph may also be my writing because I remember trying to get the former science coach to give me something to write. By the way, in 2006, I got former WTVJ-NBC6 chief meteorologist Paul Deanno to Sibley for Saturday School. We’ve been friends since my first TV stint in Philadelphia. I still have the picture I took, even after 12 years. Do you want me to send it, to show what Sibley is doing in science, these days?

Just beneath “Clubs and Activities” is the “Food Menu” again, and I already mentioned it.

Finally, to the “Parents” section:

The “EESAC Info” page redirects to the District page, so it doesn’t mention any names of people at the school. It should, in addition to minutes and a schedule of future meetings. I was EESAC secretary for about seven years. The school is supposed to be recruiting as many stakeholders as possible, and I remember how difficult it was to get a quorum.

I mentioned the PTA page earlier.

The “Intervention Opportunities for Math and Science” page https://www.hubertosibley.org/apps/pages/index.jsp?uREC_ID=301576&type=d&termREC_ID=&pREC_ID=563974 looks like part of a memo from the District to school administrators with no explanation for parents (which would be the point of it being on the website, right?). It lists a website without a link to it, and that page only concerns science. On top of that, it looks scary at first glance, with so much on there, especially to parents who don’t know English so well. If the information in what looks like a memo is so important, then why not link directly to each resource described? That would mean taking time to go to the District page, finding the resource among so many other things, and linking right to it. Are “Intervention Opportunities” important enough and therefore worth the time and effort? I’d think so! Then, the school’s page (or the memo) ends with email addresses for science supervisors in elementary, middle and senior high schools, but no links to click to write to them. And it’s a dead giveaway the page was copied and pasted sloppily, like others I mentioned, because Sibley is not a senior high school!

And last, the “Parent/Student Handbook” https://www.hubertosibley.org/pdf/2018-2019%20School%20Parent%20Student%20Handbook.pdf is a mess. Look at the spacing for the name of the school.

spacing

The District’s mission statement on page 3 is different than the school’s, which has been around since I worked there.
There’s no year listed on the handbook until the top of the Superintendent’s Message on page 4, like any letter would have.
The Principal’s Message on page 8 is the same wrong one I mentioned three times earlier. This makes four occurrences. I mean, the name of the school is different on the Principal’s Message than it is on the cover! Who’d sign their name to that nonsense?
On page 9, one assistant principal gets the name of the school correct. The other doesn’t mention it, but spells “Miami Dade” (referring to the County School District) without a hyphen.
On page 11, Mrs. Sibley is referred to as a “Southern bell” again. That’s almost like Ma Bell, which became BellSouth and now AT&T.

I can go on and on, as you can imagine. My first big thought is DISAPPOINTMENT. My second and third are lazy and cheap. That goes completely against the school’s mission statement, which is “Develop ourselves to be better people and professionals so that we may develop better students.” I put everything I had into my work at Sibley – we were even an ‘A’ school for a year when I was there – but I left at the end of the 2012-2013 year because I knew something there wasn’t right. I was right, and it’s still there.

I know you want to see your stakeholders getting complete, accurate information – so students will be better educated – and it’s obvious they’re not. You need people who can do better, at least at Sibley.

Thank you for reading, and please do the man justice. You named the school after him, and he can no longer help fix problems down here.

Lenny Cohen
Formerly employee #280155, if I remember correctly

Click here to visit the section 2006-2014: Teaching Time.

message
How nice this was changed on Monday, Oct. 22! I can only imagine the curses.

Also, the “Food Menu” was replaced, the “Bell Schedule” was updated and the “Administration” section it its old state was removed.

These are other changes I noticed midday on Tuesday, Oct. 23:

Keep up the good work! I know you can do it!

Please leave your comments in the section below. I’ve never done this, but there should not be any names mentioned in the comments here. And don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like this, this, and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

Clarence Thomas, Brett Kavanaugh, justice and becoming a Justice

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

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

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

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

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

Judge Brett Kavanaugh
Judge Brett Kavanaugh

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

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

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

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

Justice Neil Gorsuch
Justice Neil Gorsuch

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

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

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

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

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

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

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

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

1991 Anita Hill
Prof. Anita Hill (1991)

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

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

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

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

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

Then, Prof. Hill testified,

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

There were no problems for her first few months.

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

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

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

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

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

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

Hill ended up taking a job at Oral Roberts University.

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

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

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

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

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

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

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

Déjà vu, once again.

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

And then the former Philadelphia D.A. asked,

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

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

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

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

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

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

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

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

gavel judge

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

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

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

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

Nina Totenberg
Nina Totenberg (NPR)

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

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

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

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

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

Rachel Maddow wikipedia
Rachel Maddow

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

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

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

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

And we’d never know who they are.

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

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

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

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

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

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

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

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

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

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

According to Axios,

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

Judge Kavanaugh’s response:

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

And from White House spokesperson Kerri Kupec:

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

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

Christine Blasey Ford
Dr. Christine Blasey Ford

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

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

It’s out and you can read it here.

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

Folks, will this ever end?

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

Labor Day weekend leftovers

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

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

amx_loop

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

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

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

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

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

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

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

feature Tribune gavel Sinclair

Now, Sinclair is countersuing.

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

It accused Tribune of pursuing a

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

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

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

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

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

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

LANGUAGE: Viewer discretion advised.

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

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

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

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

Ars Technica reported that on Wednesday, Trump tweeted this

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

(Hit the play button.)

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

Politico quoted him as saying,

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

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

No wonder he hates the media!

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

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

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

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

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

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

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

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

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

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

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

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

Zuckerberg later clarified in an email,

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

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

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

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

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

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

oakview cemetery

bar mitzvah shirt

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

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

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

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

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

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

Today, according to Axios, Tribune announced it

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

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

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

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

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

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

TVNewsCheck continued,

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

In the filing, Tribune said:

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

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

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

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

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

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

Bloomberg reported,

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

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

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

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

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

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

According to TVSpy,

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

sinclair before tribune
Sinclair’s reach, without Tribune

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

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

Boris Epshteyn clip art

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

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

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

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

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

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

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

WGN-TV

TVSpy put it this way:

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

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

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

Tribune’s complaint alleges

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

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

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

This morning, Tribune released this statement:

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

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

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

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

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

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

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

Click here for the 62-page complaint.

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

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

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

Click here for 176 pages of exhibits.

Sinclair, for its part, put out this response:

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

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

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

FTVLive’s Scott Jones brought more from Ripley.

Chris Ripley statement

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

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

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

The FCC did not comment today.

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

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

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

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

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

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

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

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

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

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

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

Thursday Night Football logo

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

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

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

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

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

Fox WSFL WSVN

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

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

cox media group

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

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

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

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

Jessell ended his column by writing,

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

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

RECENT DEVELOPMENTS

Sinclair Acquisition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tribune Team,

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

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

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

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

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

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

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

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

Thank you, again,
Peter

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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.

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

cox stations

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

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

wells fargo cox

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

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

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

How surprising?

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

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

sinclair before tribune
Sinclair’s reach now, without Tribune

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

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

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

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

Variety wrote at the time,

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

tv owner population share

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

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

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

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

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

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

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

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

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

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

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

Politico summed it up by saying,

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

During the 2016 presidential election, The Washington Post reported Sinclair

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

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

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

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

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

So what changed? Politico reports problems in three cities.

WGN-TV

First, in Chicago, the plan was to sell

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

According to Reuters,

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

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

Adweek added,

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

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

According to The Chicago Tribune,

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

WPIX

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

Adweek said also troubling

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

The Tribune reported,

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

According to Reuters,

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

So Politico said,

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

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

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

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

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

This keeps getting better!at&t time warner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Former Fox exec Preston Paddon remembers in his blog,

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

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

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

So after losing out on Tribune,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Then, at 6:58, Trump took on CNN…

and got pushback from its PR department.

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

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

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

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

But wait!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RKO General 1962
1962 logo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TVNewsCheck’s Harry Jessell put it this way:

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

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

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

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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!

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Sanctuary cities judges show they know justice, not politics

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

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

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

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

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

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

jail Wikimedia Commons
Wikimedia Commons

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

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

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

Chicago Police Wikipedia
Wikipedia

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

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

Judge Daniel Manion wrote,

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

Rahm Emanuel Wikipedia
Wikipedia

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

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

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

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

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

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

DF-ST-87-11855
Wikimedia Commons

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

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

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

Give Alex Holley an A (and a raise)

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

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

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

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

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

social media

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

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

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

By the way, ShareRocket reports,

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

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

Imagine where they’d be without Alex!

Rudy Giuliani Wikipedia
Wikipedia

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

Giuliani said to the paper,

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

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

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

Chris Christie Wikipedia
Wikipedia

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

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

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

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

The website showed the governors’ official portraits:

This slideshow requires JavaScript.

According to NorthJersey.com,

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

Then the paper went on to describe those luxuries.

map New Jersey Wikipedia
Wikipedia

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

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

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

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

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

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

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