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

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The case against us all paying for private schools

Several times a year, before elections, a man in Florida emails me about who to support in elections down there. The goal is to receive money (Isn’t that everyone’s?) for private schools. In this case, it’s Jewish religious schools. And that’s despite public schools being free for everyone – Jews too – and paid for with everybody’s tax dollars.

So don’t tell me there’s no alternative when public schools are required to bend over backwards to meet all students’ needs.

school student AThe first time I got the email, I wrote back, asking the nephrologist (a doctor specializing in the diagnosis and treatment of kidney diseases) how he got my name and my email address. He was very polite and offered to take me off. I said it wasn’t necessary. I really wanted to read what he had to say. Information is power and I was a teacher for eight years, spending several lousy months at a Conservative Jewish day school.

The private school was the worst of my experiences and probably the least educational of the three schools where I taught, including public schools in two Florida counties.

Most of the parents whose children I taught at the religious school wanted special programs, and they wanted their children in those programs with people of the same culture. There’s absolutely no question in my mind.

I briefly compared the different teaching experiences when I wrote about why I left the field in general, on the eve of my Florida certification expiring in late June.

hochberg

 

religionsSo the problem I had, personally, was “class” and not religion. I actually liked listening to the religious lessons, from attending the second grade morning prayer service daily, to sitting in on the religious classes in my classroom, while planning and grading papers. I didn’t have to, but I know the religious teachers appreciated it, since my presence helped the children’s behavior.

Yes, many students had behavior issues, just like at any other school. The only differences I noticed were race and their families’ wealth.

From what I saw, the parents paid tuition in the five-figures and knew they could get away with anything. There’s a true saying that children learn in three ways: by “example, example, example.” In other words, they watched their parents (children notice more than many adults believe) and were raised to feel entitled.

Keep in mind, I’m writing about one school. It was a Conservative Jewish one, and Conservative (with a capital C) meant that stream of Judaism was started to “conserve” religious practices, about 100 years ago, that the older Reform movement had given up. So Conservative doesn’t mean the opposite of liberal. It allowed egalitarian seating and the use of microphones (electricity).

In fact, these days, Conservative is pretty much considered liberal since Reform has been bringing back some tradition. It has become the most popular in America, taking Conservative congregants who want shorter services, musical instruments during services and intermarriage (usually as long as the couple promises to raise Jewish children). There’s also paternal lineage (Reform considers children with a Jewish father Jewish, as long as they’re raised Jewish), usually more English during services, and absolutely no questions about egalitarianism or same-sex couples getting married.

Of course, whatever a Jewish person’s thoughts are, they have to be comfortable with the specific synagogue they attend and that includes the clergy, other congregants and financial obligations. A school setting is similar.

Orthodox schools vary greatly, but most separate the boys and girls into different classes at some point. I don’t know whether religious schools or any private schools require teachers to be certified by different states, or whether they have to teach the state’s curriculum or administer standardized tests, but I’m pretty sure it varies.

Grown-ups whose parents had them attend some Hasidic schools are now angry and feeling hopeless, since they know Jewish law and are good at Yiddish, but illiterate in English! There is hardly any secular instruction. See recent articles here, here, here and here, one of which says a New York state senator refused to sign off on the state budget unless Hasidic schools in and around NYC

“were given more autonomy over curricula.”

That’s despite the article saying most of the students

“are doomed to a life of struggle and poverty.”

Of course, religious schools are free to teach anti-gay hate, or that men and women have different roles, or that evolution is science fiction. That’s the case and if you don’t believe me, look at Congress or too many state legislatures!

So this morning, I got this email with the subject line,

“The Future of the Florida Jewish Community Will Be Decided November 6,”

since we Jews are always scared of the worst possibility.

email

Keep in mind, there are plenty of issues with Andrew Gillum but they involve separate subjects. Ron DeSantis is far right-wing. I’ve told plenty of people I’m happy to not have to choose in the Florida governor’s race.

Ron DeSantis (R) and Andrew Gillum (D)

For U.S. Senate, he endorsed the current two-term governor who has his work cut out for him with Hurricane Michael, and will for awhile. How he performs may change some voters’ minds, but the Florida Democratic Party claimed Rick Scott “oversaw the largest Medicare fraud in the nation’s history” and PolitiFact Florida rated the claim Mostly True. Still, he was elected twice since then. Senate incumbent Bill Nelson is running for his fourth term. As for the Iran deal, which I was also totally against, I don’t think the reference was appropriate for endorsements on a single-issue. The author basically said so when he mentioned his group’s mission at the end.

Gov. Rick Scott (R) and Sen. Bill Nelson (D)

Right: A liquor store in Panama City Beach around landfall.

I don’t know enough about the state attorney general candidate but am glad the current one is finally stepping down, and I’m impressed the endorsed CFO candidate is a Democrat, simply because they rarely get this guy’s recommendations. Every good cause should have bipartisan support, as party majorities rotate from one to the other, and back. The only variables are how often, and how wide the margin is.

I had some questions and wrote back, specifically about tax money from the public going to rabbis.

i wrote

And as he did some years ago, he politely answered. I honestly can’t challenge him since seems to know the subject and how to explain it, having studied it for years.

his answer

I can’t say I agree with laundering public tax money so it goes towards religion. That’s different that paying a religious organization for doing secular work.

Jeb Bush's Facebook page
from Jeb Bush’s Facebook page

This is the land with the legacy of Jeb Bush, who accelerated the number and importance of standardized tests more than anyone could imagine. He and his friendly legislature also found ways to get millions of dollars for money for school choice. (Sounds great, doesn’t it?) Count the ways you can take advantage, here.

And then there are charter schools that are public – paid for with money taken from school districts and required to administer state tests – but run by outsiders, often companies, out to make money. And studies have gone back and forth whether they get better results than traditional public schools, despite being able to turn away students, pretty much at their will. (That’s as if test scores are the only surefire way to judge education.)

The man who emailed represents a group called Jewish Leadership Coalition and its Facebook page says it’s “a non-for-profit 501(c)(4) Social Welfare Organization comprised of various Jewish leaders and organizations that have joined together to advocate for greater public funding for secular education in Jewish day schools.”fb jewish coalition

It gives a website that doesn’t seem to work, and doesn’t come up in searches, but this 2013 article announced that it started and who would benefit from the money.

ou jlc
https://www.ou.org/news/jewish_leadership_coalition/

The families whose children go to these schools tend to have more kids than the average American family, and they eat only kosher food. The costs add up. So do the number of students!

Other states with large Jewish populations have groups similar to the one above. This website helps parents in six states get government money to pay tuition that public schools don’t charge.

teach advocacy
https://teachadvocacy.org/

I understand parents with strong religious beliefs want their children brought up in their faith and to have extensive knowledge of it. That’s very difficult in a 24-hour day, where students receive a well-rounded education so they can become professionals who can contribute to society.

clock school

Outside of school these days, “free time” seems to be the “in” thing. Competing with that are all the extracurricular activities parents sign their children up to do, even at the school where I taught. It was a way to make money. Perhaps some of that has to go. Nobody can have it all.

money dollars

The rich make teacher unions look like the boogeyman, as you saw in the response to me, as if all they do is take money. Unions don’t want to protect bad teachers. (I’ve been a shop steward, but it wasn’t my idea.) They want good teachers and to see that those good teachers get the protections like a fair contract and the due process they deserve – to avoid being taken advantage of by bad administrators, not to mention parents who think they know more about education than the supposed experts.

In May, a religious friend conducted this Facebook poll:

Facebook poll

I think the principal was out of line and probably ruined his relationship with this “special needs” student, which may have been hard to build and would probably be harder to rebuild.

I responded.

Facebook response

The man who simply said “They listen to their parents” has a wife who is Director of Special Programs at – you guessed it – a (different) Jewish day school!

It’s natural in every financial transaction that the buyer wants to pay less, while the business (or school) wants more. There has to be a fair solution.

And for years, I’ve had what I consider the perfect solution.

I think public school teachers hired by the district should go to the private schools and teach English, math, science and social studies. Perhaps also electives like physical education, music and art. That would be half the day, and it would be paid for the same way public schools pay for educators and materials. Any tuition crisis would be instantly alleviated!

In my solution, the religious side could teach its material during the other half of the day. So half the school would study religion, and the other half would do secular studies, and then they’d switch!

half

What about religious holidays, like half the month of September and the entire eight days of Passover? The schedule could be adjusted. The public school teachers would volunteer to teach at these schools, especially those who take off for all the holidays anyway. It would be a blessing for the religious school parents to have their children in school while they prepare for the holidays, rather than watching over them because school is canceled, so their teachers could take off to prepare for their own families!

Also, the public school teachers would teach the public school curriculum with no interference, and students would take the same tests as the rest of the general population (without overkill for anybody). Plus, the students would be exposed to people who don’t all look, sound or believe like them.school crossing sign

I want to know what you think about this.

It would also eliminate the worst thing that happens: Parents not sending their children to public schools, but taking the scarce money devoted to education away from them. Which state’s legislature pays enough for quality schools? What school system has enough money to really do its job right? Who pays their teachers what they deserve as professionals? What district gives every one of its poorest students equal access to a quality education at their neighborhood school?

In February, USA Today published a list, ranking the states by the quality of their schools. (Eight of the top nine, and ten of the top 12, are states between the mid-Atlantic and New England! Take that for what it’s worth.) Florida ranks number 29 and the lead to the article on the Sunshine State is pretty grim:

“Florida’s public schools receive some of the lowest funding of any state school system in the country.”

Read the article for the state rankings (luckily all on one webpage) and the results of being too cheap when it comes to educating children, but there’s one I have to share: Florida is 48th out of 50 in the percentage of adults, ages 25-64, with incomes at or above the national median. In other words, you get what you pay for and this is pitiful! Imagine who in the U.S. is behind Florida, despite all the visitors who go there and spend money!

I’ll tell you that your child’s teacher is most important person in the school, besides the students, and every school in every state has good ones and bad ones. Hopefully those bad ones don’t last long but the good ones can be convinced to stay, and we all know money talks.

So do you think my compromise idea would work? Is it at least worth a try? How would you tweak it?

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

News starting out good but going downhill fast

It’s a happy moment at CohenConnect.com.

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

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

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

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

‘A’ for Amazon from minimum wage workers

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

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

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

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

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

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

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

Amazon’s founder and CEO Jeff Bezos said,

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

Click here for details on pay and benefits from Amazon.

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

“Let’s go to the verdict!”

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

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

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

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

According to yesterday’s New York Daily News,

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

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

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

The Associated Press had reported Wolf’s suit claimed

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

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

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

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

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

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

Wolf’s lawyer says they’ll appeal.

From radio and TV, to your computer and smartphone.

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

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

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

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

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

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

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

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

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

angry woman
https://pixabay.com/

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

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

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

We may even be at the point where he screamed,

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

(Let me know in the comments section below.)

The line

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

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

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

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

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

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

(“Yo, Adrian!”)

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

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

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

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

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.

Sanctions against Sinclair? Sounds justified

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

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

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

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

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

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

And two days earlier, how

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

Yesterday, Axios wrote,

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

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

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

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

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

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

In mid-July, FCC Chairman Ajit Pai said in a statement:

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

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

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

“FCC Chairman Ajit Pai, an appointee of President Donald J. Trump who has been viewed as friendly to Sinclair and such a merger, raised ‘serious concerns’ Monday about whether the deal would serve the public interest.”

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

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

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

sinclair before tribune
Sinclair’s reach. Large enough?

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

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

feature Tribune gavel Sinclair

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

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

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

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

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

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

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

B&C added,

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

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

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

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

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

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

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

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

They also

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

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

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

Sinclair’s alleged misrepresentations to the FCC

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

according to Axios.

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

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

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

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

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

Reuters reported the company is going to pay big

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

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

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

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

money dollars centsAre you hearing this, shareholders?

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

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

Why?

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

according to the company.

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

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

That’s the world, these days, kids.

Reuters also mentioned,

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

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

Keep in mind, last Monday, Tribune announced it

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

disney abc logo

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

TVNewsCheck’s Jessell agrees, pointing out,

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

Fox TV stations

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

standard media

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

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

cox media group

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

So complicated!

But some more from Jessell on Sinclair:

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

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

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

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

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

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

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

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

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

Today, according to Axios, Tribune announced it

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

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

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

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

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

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

TVNewsCheck continued,

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

In the filing, Tribune said:

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

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

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

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

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

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

Bloomberg reported,

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

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

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

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

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

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

According to TVSpy,

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

sinclair before tribune
Sinclair’s reach, without Tribune

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

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

Boris Epshteyn clip art

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

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

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

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

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

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

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

WGN-TV

TVSpy put it this way:

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

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

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

Tribune’s complaint alleges

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

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

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

This morning, Tribune released this statement:

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

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

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

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

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

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

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

Click here for the 62-page complaint.

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

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

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

Click here for 176 pages of exhibits.

Sinclair, for its part, put out this response:

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

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

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

FTVLive’s Scott Jones brought more from Ripley.

Chris Ripley statement

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

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

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

The FCC did not comment today.

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

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

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

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

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

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

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

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

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

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

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

Thursday Night Football logo

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

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

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

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

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

Fox WSFL WSVN

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

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

cox media group

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

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

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

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

Jessell ended his column by writing,

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

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

RECENT DEVELOPMENTS

Sinclair Acquisition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tribune Team,

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

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

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

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

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

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

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

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

Thank you, again,
Peter

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The FCC’s war on American children, adults

The Federal Communications Commission has a very important mission, but it’s not being fulfilled.girl watching tv

In fact, the opposite has been happening over the past few days and it’ll likely lead to less children’s programming – and less attention when you complain about your TV, phone company or internet service provider.

The FCC says its mission is to regulate

“interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the Commission is the federal agency responsible for implementing and enforcing America’s communications law and regulations.”

But the amount of regulation looks to be receding faster than cars in a race.

Do you have kids, or know anyone who puts their kids in front of the TV?

trump quotes

Axios reports the FCC is starting to loosen broadcasters’ requirements for children’s TV programming. You know, those stations that are licensed by the government to use the public airwaves for the public interest.

schoolhouse rockYou probably watched Saturday morning cartoons. They weren’t just fun but also carried a message or lesson. Even breaks in programming like ABC’s Schoolhouse Rock! were educational. I’d go as far as to credit NBC’s The More You Know.

Cartoons were on all three networks when there were only three commercial broadcast networks, plus Fox may have even gotten into the act before the end. The new kid on the block did carry weekday afternoon cartoons, early on, when it had weaker stations that didn’t carry news.

smurfs
Common Sense Media

News. That’s the magic word. It’s cheaper to produce and stations can pretty much put as many commercials in as they want.

NBC was first with Weekend Today. Then CBS and ABC came up with weekend editions of their weekday morning shows. (CBS did have Sunday Morning before the Saturday cartoon era ended.) And eventually, local stations followed. The news looked a lot like the previous night’s 11:00 news, just with different people!

It wasn’t like there was much going on most of the time.

OK, so I did produce newscasts with JFK Jr.’s deadly plane crash and Elián González’s capture from his Miami relatives’ closet on weekend mornings while at WCAU in Philadelphia. I had the morning off from KYW-TV when the Space Shuttle Columbia disintegrated over Texas while returning to Earth, killing all seven crew members.

But the new newscasts didn’t have to be good back then. It was the same when TV stations started putting local news on, weekday mornings. The TV station just had to let viewers know the world hadn’t ended, we weren’t at war and what the weather would be like.

Now, the FCC says the old rules aren’t needed because kids these days have apps and streaming services just for them! (Do they all have access? Really?)

Axios reports Nielsen data says the prime target of the rules — kids between 2 and 11 – are watching about 22 percent less regular TV between 2014 and 2017. Any wonder, when there’s nothing on for them? Put the youngsters in front of Fox News Channel and Days of Our Lives.

sesame street muppet wikia
http://muppet.wikia.com

Instead, they’re using “apps like YouTube Kids, 24/7 kid-friendly cable channels like Nickelodeon and Disney Junior, on-demand shows like Sesame Street on HBO, and over-the-top kids programming on Netflix.”

FCC commissioners who want to lessen the kid rules refer to them as among the many “outdated, unnecessary, or unduly burdensome” ones on the books, according to Deadline magazine.

They say TV broadcasters have too many rules to follow, while tech companies don’t have any, so this would just make things fairer. But I say that’s because tech companies don’t use the public’s airwaves!

What are those rules and how burdensome are they?

Axios says,

“In 1990, Congress passed the Children’s Television Act, which requires broadcasters to air three hours of educational programming per week (with limited advertising) in order to maintain their license. Children’s programming must also meet certain ‘Kid Vid’ requirements with respect to educational purpose, length and the time of day it is aired.”

My heart goes out to them.

Pee-Wee's Playhouse peewee wikia
peewwee.wikia.com

Nobody is saying the three hours of educational programming per week has to be original. The networks, or syndication companies, or companies that own more than 100 TV stations can come up with it!

Captain Kangaroo Bob Keeshan 1977 wikipediaOn the other hand, back in the day, it seemed every TV station had its own locally-produced children’s programming with live studio audiences, and I’m not referring to Captain Kangaroo which aired on CBS. Of course, back then, they also took news seriously, too!

Coming up next (using a TV phrase), it’s up to us – the public – to comment on the proposal. Then, the FCC will vote on final changes, later this year. If they succeed, Deadline says

“broadcasters could be able to satisfy government requirements that they produce appropriate children’s far by ‘relying in part on special sponsorship efforts and/or special non-broadcast efforts.’”

fcc commissioners 2018Speaking of the public telling the FCC what we think, that federal agency will probably soon start forcing us to pay $225 to file – and for them to review – a formal complaint against a telecom company! That means broadband, TV, and phone companies.

Yes, it’s hard to believe. No, I’m not making this up. This is America, 2018.

Thursday, according to Ars Technica, the FCC voted 3-1 to stop reviewing informal consumer complaints.

The fifth seat – to be held by a Democrat – has not been filled since Mignon Clyburn resigned last month. (As if that vote would’ve changed things!)

You’d still have to pay the $225 even if your internet service provider, which you pay every month, doesn’t respond to your informal complaint.

What would cause the FCC to make this move? I was wondering the same thing.

Turns out, Ars Technica reports the biggest change will be “the text of the FCC’s rule about informal complaints.”

In other words, this is how things have been!

“Nothing is substantively changing in the way that the FCC handles informal complaints,” FCC Chairman Ajit Pai said. “We’re simply codifying the practices that have been in place since 1986.”

That’s when Ronald Reagan was president.

But the commission’s only Democrat, Jessica Rosenworcel, remembered things differently.

Ars Technica reports she said the FCC has reviewed informal complaints in the past.

“This is bonkers,” she said at Thursday’s meeting. “No one should be asked to pay $225 for this agency to do its job. No one should see this agency close its doors to everyday consumers looking for assistance in a marketplace that can be bewildering to navigate. There are so many people who think Washington is not listening to them and that the rules at agencies like this one are rigged against them – and today’s decision only proves that point.”

Rosenworcel said the FCC gets 25,000 to 30,000 informal complaints a month.

“After they are filed, the agency studies the complaint, determines what happened, and then works with providers to fix consumer problems,” Rosenworcel said. “For decades, this has been the longstanding practice of this agency. But for reasons I do not understand, today’s order cuts the FCC out of the process. Instead of working to fix problems, the agency reduces itself to merely a conduit for the exchange of letters between consumers and their carriers. Then, following the exchange of letters, consumers who remain unsatisfied will be asked to pay a $225 fee to file a formal complaint just to have the FCC take an interest.”

On top of the formal complaint process being expensive, it’s also complicated.

“Parties filing formal complaints usually are represented by lawyers or experts in communications law and the FCC’s procedural rules,”

the FCC says.

If the change becomes final, two references to the commission’s review and “disposition” of each informal complaint will be removed from the FCC complaints rule.

Then, even if you get no response, you’ll have to file a formal complaint – and pay.

FCC headquarters, Ser Amantio di Nicolao-Wikipedia
FCC headquarters, Ser Amantio di Nicolao-Wikipedia

This comes as part of a larger rulemaking aimed at ‘streamlining’ the formal complaint process.

According to FCC Commissioner Brendan Carr, “Today’s decision is another win for good government.”

I wonder what we did to deserve that!

Click here for my post containing Schoolhouse Rock! clips.

Please, if you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work.

Sign, sign, everywhere a sign

Who would’ve thought of me as some type of music expert? Definitely not anybody who knows me! I’ve been planning this blog for a little while and the lyrics immediately came to my mind as the headline. (Of course, I’ve never heard of Five Man Electrical Band. They sang Signs in 1971.)

It’s actually pretty funny, considering the last post’s headline was a takeoff of Simon & Garfunkel’s Mrs. Robinson. The lyric goes “Where have you gone, Joe DiMaggio?” but I used somebody else’s name.

So signs. A fun post before vacation.

Philadelphia is the birthplace of our country. Where free speech was instituted. Maybe that’s why it’s known for some unusual ones.

I live in a high-rise so I found no need to put any up but by far, the most popular type is the one that tells delivery drivers to take their packages somewhere else.

I don’t know why people would order something and not be home to receive it. That means the driver has to stop, fill out a card, and delay everyone else’s packages. Why not just ask that it be delivered somewhere else?

Some people…

nice sign

… are nicer than others.

mean sign

Everybody wants their mail delivered, and not anybody else’s.

right address

While some signs are simple, I can’t figure what all these are about.

too many signs

I’m not exactly sure about this one either, but I do know it’s not meant for me.

Jesus signThe people living here are apparently very generous — with choices — but only for drivers who press hard enough to ring the bell and knock loudly on the door, and then find out nobody is home. If that’s the case, the driver gets to toss the package over their back gate! Like tossing packages never happens.

package choicesThe people who live below also offer choices. They start out nicely by writing “please” and then letting the driver choose which of two addresses they’d prefer to make their delivery! But by looking at the sign, I’d guess they didn’t even plan to be home. At least that information would save the driver from pressing hard enough to ring the bell and knocking loudly on the door! Of course, they probably expect somebody to be home at the address the driver chooses. Otherwise, it may mean a third stop. If that’s the case, I’d hope the driver gets to return the package to the warehouse and make the person pick it up. That’s too many delivery attempts in too few minutes!

pkg1

This sign also gives the driver a choice between two addresses, but at least both are businesses and open during the day when packages are delivered.

choice sign 2

This next one is for drivers who may not be too bright. I also put smiley faces on my 1st graders’ good homework…

package use doorbell
… but never combined them with exclamation points.

On the other hand, this person writing to the “Mail Person” needs better penmanship!

hardly readable

When I was working at CBS in Miami, I had a new computer delivered there. It was great! First, the boss was able to check it out and make sure all settings were correct. Then, he installed the programs I’d need in order to work at home. That was my idea.

And it came in handy when he was out and I left a little early, feeling sick. That night — July 27, 2005 — former Miami-Dade County Commissioner Art Teele shot himself in his head, committing suicide in the Miami Herald lobby! He’d been convicted of corruption and removed from office. I got home, turned on the TV and was the only person from the station able to put up a story.

Another time, I was about to head to the Keys on a Saturday morning when a small plane crashed into a lake in Aventura. The weekend morning news had a picture, and I listened and wrote a story. Then, I was on my way.

I never minded working from home, especially when it saved me from a rushed trip to the office for a single story.

Parking spaces are prized in Philadelphia. Garages are even more so, if you can get in and out. I found somebody decided to use chalk to make sure nobody blocked them…

no parking
… and prove they know the beginning of the alphabet!

ppa septa wideSpeaking of cars and parking, maybe someone above can teach the Philadelphia Parking Authority how arrows work. Here we are, on Aspen, approaching the corner of 24th Street. You can see the corner is a bus stop. You can take the 48 from Center City and get dropped off right in back of my building.
ppa septa tight

But take a closer look at the signs for drivers who want to park. The middle sign shows it’s not allowed past the sign because of buses. But the bottom sign says it’s allowed on both sides of the sign.

They say “The PPA don’t play” but it should at least make up its mind.

That reminded me of a sign on Front Street, south of South. You see how people with residential parking stickers can park their cars in their zone without having to obey days and time limits. I’m in zone 6. This is what I found last year, and shared with a reporter co-worker.

front street ppa sign

It may not be right but it’s easier to understand than this group of signs at a busy intersection in Bristol, VA. Remember, you only have until the red light turns green, if you’re lost and lucky enough to hit a red light!

2015-03-15 lots of street signs
Try figuring this out!

Some signs would save money if they weren’t changed.

district attorney krasner outside
Why does the name of the district attorney elected in November have to have his name up?

It’s kind of hard to see, but this is the second of two doors, also with Larry Krasner’s name.

district attorney krasner inside
Would anybody lose out if there were no names on signs, and only the stationery was changed?

And as we get closer to the bottom…

sign dog peeing
… this low sign was obviously meant for dogs who could read!

And I can’t leave out this classic from downstairs in my own building.

no dumping
OK. It’s funnier when approaching from a distance and can’t see the details on the right.

Anyway, I’m off for a week. Thanks for reading. You can check out some relatively old web stuff from when I was Digital Media Manager at WCYB in the Tri-Cities of TB/VA, 2015-2016. The format changed twice since then, and everything looks a bit different than it did, but I was able to capture some still shots here. The writing was more formal than this, but not completely A.P. style. That would come later.

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

feature signs

P.S. This is a bonus I found the next day in the 2000 block of Spring Garden. The sign was up the stairs and not easy to shoot when I zoomed in, but I felt worth a look. Should the “USPS/UPS Guy” have to be subjected to this? Should passers-by like me?

nasty to usps

Where have you gone, Sasha Savitsky?

I don’t know why TV stations (and networks) allow mistakes to remain without corrections but it’s certainly a disservice to viewers and readers. One could also say Fake News and fraud.

feature sasha roseanne

Perhaps the Federal Communications Commission needs to get involved to keep them in line. Local stations use the public airwaves, are licensed to serve the public interest and certainly make money whether they serve the public interest or not.

But this time, the local stations’ mistake has been corrected – not that a lot of work went into it. (And not that it has to.)

Tuesday, after ABC canceled Roseanne, I questioned why at least three local Fox TV stations (KTTV-Los Angeles, WTVT-Tampa and WTXF-Philadelphia) used the phrase “Dungey told Fox News” at the end of their third paragraphs.

3 stations Roseanne Tuesday

I realized they all got it from the third paragraph of this FoxNews.com article, which they linked to at the bottom.

3 paragraphs Fox News Roseanne

So I tweeted and emailed author Sasha Savitsky, since it seemed the whole world used that quote from ABC Entertainment President Channing Dungey, and I couldn’t imagine her speaking exclusively to Fox News or any Fox entity, rather than ABC.

I spent the past 40 hours making sure to look for any tweet or email from Savitsky, but there were none. I’m sure folks at Fox saw the tweet but apparently did nothing about it.

Since my tweet, email and blog post, I believe her original story was updated in at least these ways:

Added: “Tuesday’s scheduled ‘Roseanne’ rerun was replaced with a rerun of ‘The Middle.’”

Added: “In an MSNBC town-hall clip tweeted out by ‘11th Hour with Brian Williams,’ Jarrett responded to the backlash noting Roseanne’s support of Donald Trump might be to blame for her inflammatory comments” along with this tweet:

(Click here for FTVLive’s Scott Jones on Joy Reid being included in the discussion.)

Then, at the bottom, I noticed a line that may have been there before:

shira bush reference

The name Shira Bush came up several times on FoxNews.com’s search engine, but I couldn’t find her actual name in an article. That’s when I turned to Google.

Bush was among many who’d tweeted out Dungey’s original statement and since she is a senior producer (not that the title means much at Fox, from my experience), I figured I’d try to get answers from her.

tweet to shira

The good news is all those local stations that used most of the original FoxNews.com story and teased more by going to the network’s story at the end started from scratch. They did so by copying and pasting an Associated Press article (and credited the A.P.) which certainly did not include the line, “Dungey told Fox News.”

But I really can’t say the stations did anything. As I’ve noted, one local Fox-owned station usually writes (or copies) an article and shares it with the others, who do nothing more than click a box to publish it on their own site. Like I explained below. I’m not so sure they even read it.

jan 27
https://cohenconnect.com/2018/01/27/facebook-twitter-and-fox-fox-x-14/

In the Roseanne case, I couldn’t tell which station did the work. Now, I’m going to guess it was WFLD in Chicago since they’re on channel 32 and that’s the source of the video. (Maybe because Roseanne was set in fictional Lanford, Illinois?)

You’ll find these articles at http://www.fox29.com/news/roseanne-barr-quits-twitter-after-offensive-statements-about-valerie-jarrett-chelsea-clinton and http://www.fox32chicago.com/news/roseanne-barr-quits-twitter-after-offensive-statements-about-valerie-jarrett-chelsea-clinton.

Now, notice the similarities in those web addresses and these time stamps, keeping in mind Chicago is in the Central Time Zone.

So the article issue among possibly more than a dozen local Fox TV stations appears to be fixed, either through this blog’s publicity or simply updating the story with the A.P.’s version on the part of one station, probably Chicago, while nobody else lifted a finger since the change for them would’ve happened automatically.

Of course, there’s still no reason why the only two embedded tweets – from ABC Entertainment and actress Sara Gilbert – are at the bottom. Probably just bad writing. The ABC tweet could’ve gone almost anywhere, especially after the description of what the real Roseanne wrote, and Gilbert was actually mentioned at the end of a paragraph! But we can’t have it all, can we?

ending from Tuesday
Tuesday version…
end stations thurs article
… and Thursday version

 

 

 

 

 

 

And I’ll let you know if I ever hear from Sasha Savitsky and now Shira Bush, since the FoxNews.com network article still contains that exact original phrase. Let’s hope Shira responds better than Sasha!

So what about WTXF-Fox 29’s station history? Still untouched!

wtxf station history thursday

That’s despite my mention on Tuesday and FTVLive’s Scott Jones giving the station a piece of his mind.

ftvlive on wtxf station history
Scott’s thoughts from http://www.ftvlive.com/sqsp-test/2018/5/30/time-for-an-update
wtxf Station History
http://www.fox29.com/news/station-history
lenny tuesday wtxf station history commentary
My thoughts from Tuesday

What about KY3 (in Missouri, not Philadelphia) using a bio from a previous station for MMJ Jasmine Dell? Still untouched!

ky3 lazy
http://www.ky3.com/content/bios/415143313.html

And Dell’s personal website? I mentioned serious problems with it on Tuesday

jasmine from Tuesday

… but nothing has changed!

I don’t know about you but I’m afraid for the future if these are the people in charge, making important decisions. Has me questioning stations’ and networks’ hiring practices, which are leading to misinformation campaigns.

Please, if you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work.

The lousiness of laziness and liars

I hate lazy people (and stupid ones, but that’s a blog for another time).

I can understand being sick. Last year, I showed up to work sick for three weeks since I wasn’t contagious and learned two lessons. First, I wasn’t appreciated and second, going to the doctor instead of assuming the bug would go away on its own would’ve gotten rid of it quicker.

feature roseanne barr valerie jarrett

Don’t know something? Then research or call! If you’re in the media, then your audience deserves better: all your effort to find the truth, wherever it is.

This morning, the author of one of my favorite blogs, FTVLive’s Scott Jones, showed how KYTV in Springfield, MO – News, Weather, and Sports in the Ozarks – copied an MMJ’s (multi-media journalist) biography from her old station’s website! I wonder if she did anything worth mentioning at that old station that could be included now.

ky3 lazy
http://www.ky3.com/content/bios/415143313.html

I just checked minutes before 9pm and it’s still there, more than 12 hours after most of the (TV) world found out. That mistake should not have been made. When I was Digital Media Manager, I wouldn’t publish a bio on the web until I approved it, and then the news director did the same.

But whatever the mistake is, it should be corrected or deleted as soon as possible. (Or “clarified,” as so many prefer to call errors, these days.) Does KY3, as it’s known and not to be confused with a Philadelphia station, need a Digital Media Manager?

I really wanted to give the MMJ a little credit since she probably publishes her news stories on a daily basis but not bios, which are not posted nor updated frequently. That’s why there’s a Digital Media Manager.

Unfortunately, Jasmine Dell’s resume on her blog doesn’t even include KY3! I’m not going to show you the link to download a Word copy of her resume which (not so bright) includes her name, complete address including apartment number; city, state and ZIP; and personal phone number and email address. Actually, I almost could since it’s all from when she worked at her former station, except the personal phone number and email address.

But you have to smile when her blog homepage contains the sentence,

“I am motivated to produce the best news results, media outcomes, and be successful when faced with challenging issues.”

Maybe she’s just slow.

What about WTXF-Fox 29 in Philadelphia, where I used to work? Its station history hasn’t been updated in YEARS! It even says so on top.

wtxf Station History
http://www.fox29.com/news/station-history

So don’t look for American Idol, Bones nor Glee on Fox29, despite what the station claims. They are wrong and you know it, especially with Idol, since the other two shows ended quietly, but Idol made news when it went to the competition.

quincy w parents
Quincy was such a gentleman when my parents visited

Good Day Philadelphia now starts 25 minutes before 4:25am.

Also, no 11pm news existed, nor The Q with Quincy Harris. Nah! Little oversights. They can’t be THAT important, despite the months planning each program!

Managers should know what they’re putting out on all platforms (not just over the air) since they’re responsible for it, and they should probably take a comprehensive look at all of their pages at least once a year and discuss whether the sitemap meets current needs.

bob kelly wtxf
Fun time with Bob Kelly

Also this morning, Good Day Philadelphia had a reporter at Field Day at Holy Cross Regional School. Traffic guy Bob Kelly, who I worked with twice, did “Kelly in the Classroom” segments and even some outdoors if they involved learning.

2018-05-29 field day lazy

Today, it was Jenn Fred instead and she must’ve done two segments that were nearly identical and both spectacular, since both appear on the homepage Top 5 under Good Day Philadelphia with nearly the same headline.

Yeah, Jenn. They really know how to show they care about your work!

And they couldn’t come up with five different stories for the Good Day part of the homepage? (Miss you! Feel free to comment below how we worked together on story selection, titles, etc., so we looked the best possible on whatever story you were working on everyday!)

Of course, the mother of all Fox laziness is exemplified in this article I brought you back on Jan. 27. Fourteen different stations used identical copy!

jan 27
https://cohenconnect.com/2018/01/27/facebook-twitter-and-fox-fox-x-14/

So let’s take a look at how Fox handled today’s Roseanne cancelation, in channel number order.

I’m not going to bother to look at any more stations, since the first three I examined were the same (and that includes L.A., where this was local news). I’ll bet the number goes to about 14, like with that last story.

Each one’s second paragraph read,

“‘Roseanne’s Twitter statement is abhorrent, repugnant and inconsistent with our values, and we have decided to cancel her show,’ (ABC Entertainment president Channing) Dungey told Fox News.”

Pardon me, but I’m going to claim B.S. The reason is this 2:01pm (ET) tweet from Robert Iger, Chairman and CEO ABC’s owner, The Walt Disney Company:

Do you notice Iger quoted Dungey’s same three words – abhorrent, repugnant and inconsistent – and then his ending? Now, take a look at the top story on ABC Entertainment’s website. It’s actually from the Associated Press!

roseanne abc entertainment

Pardon me if I’m wrong, but those are the same exact words on the bottom of this part of the A.P. article ABC Entertainment carried, so why do the Fox station articles feel special with their attribution even though they end with the same phrase?

I’m referring to those three words – abhorrent, repugnant and inconsistent, and the ending that followed everywhere – shaded above. Was Fox News or anybody associated with the company’s stations given special access to ABC Entertainment’s president and able to add

“Dungey told Fox News?”

I don’t think so.

Is it because someone at Fox is a liar or stretched the truth? I think absolutely.

Now, let’s narrow down who the alleged liar or stretcher is. We’ll start by examining the end of each of those local Fox stations’ articles.

end roseanne local articles

I’m not sure the lead-in to the ABC tweet makes any sense following a reference to Roseanne’s, but click here for that article the stations link to, which is supposed to contain the full story.

Fox News Roseanne
http://www.foxnews.com/entertainment/2018/05/29/abc-cancels-roseanne-after-barrs-racist-tweet.html

It’s from FoxNews.com – the folks in New York who work with the network, rather than the stations. It’s longer but uses the same three words, with the same phrase that follows, in the third paragraph – as if the president of ABC Entertainment spoke specifically to Fox News, which I doubt is true.

3 paragraphs Fox News Roseanne

So I clicked Sasha Savitsky, the author credited with the FoxNews.com article (below its headline). Up came her Twitter account which I used to get to the bottom of my question about whether the president of ABC Entertainment spoke specifically to Fox News or anybody associated with the company’s stations, as she reported. Her work email address was pinned to the top of her Twitter account.

email sasha roseanne

Sasha Savitsky twitter

I emailed Sasha Savitsky at 7:10pm tonight after Tweeting her at 6:39pm. (Both are above). I don’t know her work schedule, but

  1. Her article says it was updated three hours ago. (Above, it said just one hour, but blogs can take longer to write than I estimate they will. In this case, I hadn’t imagined going digging like this over something that might seem minor to some, but the information may not be true and it was republished on dozens of “news” websites around the country.)
  2. She probably has access to her Twitter account at all times, since she works for a network and mobile technology is inexpensive.
  3. And I promise I’ll let you know as soon as Sasha gives me an update. (No white lies, stretches or exaggerations here!)

And Roseanne, among my thoughts concerning you is one I’ve shared four times on this blog this year alone (from the beginning: here, here, here and here). Only owners are entitled to the First Amendment. The rest of the public cannot use the public airwaves, even if they deserve to more than the license-holder (which is probably most of the time since corporations hold multiple licences  dozens  and their CEOs are not spread out around the country to ensure broadcasting for local audiences).

It’s after 9:20pm. No word from Sasha, Jasmine’s bio looks the same and Fox 29’s station history article is just as bad. So you’re up to date.

Take that from someone who just published his 100th blog and can’t imagine how many readers’ hit-lists he has made!

Please, if you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work.