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

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

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

NO sinclair tribune

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

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

cox media group

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

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

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

This slideshow requires JavaScript.

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

cox stations

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

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

wells fargo cox

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

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

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

How surprising?

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

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

sinclair before tribune
Sinclair’s reach now, without Tribune

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

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

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

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

Variety wrote at the time,

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

tv owner population share

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

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

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

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

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

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

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

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

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

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

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

Politico summed it up by saying,

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

During the 2016 presidential election, The Washington Post reported Sinclair

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

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

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

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

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

So what changed? Politico reports problems in three cities.

WGN-TV

First, in Chicago, the plan was to sell

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

According to Reuters,

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

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

Adweek added,

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

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

According to The Chicago Tribune,

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

WPIX

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

Adweek said also troubling

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

The Tribune reported,

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

According to Reuters,

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

So Politico said,

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

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

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

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

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

This keeps getting better!at&t time warner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Former Fox exec Preston Paddon remembers in his blog,

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

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

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

So after losing out on Tribune,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Then, at 6:58, Trump took on CNN…

and got pushback from its PR department.

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

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

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

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

But wait!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RKO General 1962
1962 logo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TVNewsCheck’s Harry Jessell put it this way:

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

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

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

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Grave situation for hours outside Detroit

Aug. 26, 2018 UPDATE: Grave marker raised and leveled, in early August. I may be back in a few weeks.

oakview cemetery

I don’t go on many vacations and didn’t plan to write a blog on this one, but the most unusual thing happened while trying to visit my grandfather’s grave at the cemetery in Royal Oak, Michigan.

Pedro and I had gone to Flint to visit, and for me to meet his family for the first time.2018 Grandpa Leos grave 1

We decided today, we would drive to Detroit and possibly visit an aquarium on the way back.

First stop was going to be visiting the grave of my Grandpa Leo, my father’s father who died in 1954. That means he lived 52 years and has been gone for 64. There wasn’t much warning. After that, my father moved to Florida, at 13, along with my Grandma Lillie and then my Aunt Diane.

I’ve been to the Oakview Cemetery twice before. First, I was with the family in 1989.

Then, I went by myself in 2001, while I was on a job interview and ended up getting offered the job to produce the 11:00 news at CBS-owned WWJ-Channel 62 in Detroit. Good thing I got the opportunity to stay in Philadelphia because not only did Channel 62 get rid of its newscasts, it also canceled the 10:00 news on its new sister-station WKBD-Channel 50, which was UPN and now The CW.

2018 Grandpa Leos grave 2

Anyway, I was with Pedro, his sister Olga, and their mother. We stopped off at the cemetery office and got directions to the grave. And we looked. And looked. And looked.

2018 Grandpa Leos grave 3No sign of the headstone.

I had some idea of the area and was able to find some cousins, the Coltons, but no sign of my grandfather. Eventually, Pedro called the cemetery office and a guy named Peter came out to try to help us find it. And he couldn’t.

Then, he called a woman from the office who has a good reputation for finding missing graves. She was able to locate some stone markers but they’d been covered with dirt and were very dry, so we had trouble reading them.

Eventually, we figured out numbers 85, 86 and 87 in the area. I went to the place and started digging with my fingers, trying to find grave number 1 in the right section.

And there it was, under at least four inches of dirt! There were others completely covered, and pretty deep, as well.2018 Grandpa Leos grave 4

Uncovering all the dirt wasn’t easy. Pedro found some sticks that we used to try to get the dirt off the headstone. Even his elderly mother was on the ground, pulling grass out of the way!

Finally, the cemetery people called a worker with a shovel to lift the stone up a few inches.

We had baby wipes in the car and used those to clean the stone, and were finally able to read it clearly.

Peter said he put a work order in and tomorrow morning, the stone should have extra dirt underneath to keep it above ground. Pedro and I have a few more days here and will fly out of Detroit, so we’ll probably be back to check.

finding Grandpa Leos grave

This just goes to show what regular visits to cemeteries mean. They’re supposed to provide perpetual care, but how do you know? How often do you visit?

Mother’s Day and Father’s Day are popular. So are birthdays, anniversaries and Memorial Day. The time between Rosh Hashanah and Yom Kippur for Jews.

Of course, it’s not easy traveling from Philadelphia to Michigan, or my family from Miami to Michigan. What about all the people in Florida with loved ones buried in New York?

Grandpa Leos grave
The third line is his Hebrew name and his father’s. The fourth is the date of death on the Hebrew calendar.

The decision to have my Grandpa Leo buried at that location was made many years ago. Then came the decision to move to Florida, and my Grandma Lillie died and was buried down south in 1976. She has an upright headstone. He has a flat one. Times changed a lot in those almost 20 years, and there’s nothing I can do — or have the right to do — to change anything.

It gets me thinking that people have to decide what they want, and make sure their wishes are known, and will be followed. And also make sure the money is there.

2018 after cemetery

Thanks to Pedro, his sister and their mother for digging, patience and other help with the search. And I’m sorry that what should’ve been a 15-20 minute stop, including directions at the office, turned into a two-hour ordeal.

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