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

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

ftvlive logo

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

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

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

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

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

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

Briefly, the four categories of FCC rules are 1. national TV ownership, 2. local TV multiple ownership, 3. the number of independently owned “media voices” – 4. and at least one of the stations is not ranked among the top four stations in the DMA (that’s the “designated market area” or city, and ranking based on audience share), and at least eight independently owned TV stations would remain in the market after the proposed combination. (Keep in mind, these rules seem to get loosened every time a company comes close to hitting the limit.)

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

sinclair skull and crossbones

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

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

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

feature nexstar wpix wsfl

Anyway, this morning, Scott wrote,

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

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

WPIX

According to Scott,

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

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

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

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

disney abc logo

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

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

Scott also wrote,

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

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

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

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

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

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

 

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

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

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

wphl wbfs wwor

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

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

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

Disappointing news and news coverage

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

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

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

WTVJ was a block off and WFOR had no location.

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

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

Him: “The station posts on my public”

Me: “I’m sorry. That sucks.”

Him: “Ok sorry”

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

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

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

Who else would care as much?

If you appreciate what you read here, subscribe with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like thisthisthis and this. (I explained the reason for the fourth “this” in my last post.) I just became certified as an IT Support Specialist and am also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

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Certification expiring, definitely done teaching

The first thing I have to say is this blog was planned for today. It doesn’t have anything to do with Wednesday’s Supreme Court decision on public unions. Instead, it has to do with the calendar.

teaching certificate

The reason, as you see in the picture, is that my Florida teaching certificate expires tomorrow and since tomorrow will be Saturday, that really means today. I never had any intention of returning to a classroom, and never took any courses to do so. In fact, I left Florida, and it’s a lot harder to transfer teaching licenses from state-to-state than it is for driver’s licenses. Instead, I’m happily in the company of former teachers, some of whom left the classroom decades ago for their own reasons, and moved on with no regrets.

I became a teacher because I’ve always tried to help people. Before starting in 2006, I spent more than ten years successfully selling TV newscasts and web articles to the public, so they knew what was going on and became better citizens. I’ve worked all shifts at all hours, depending on resource needs and breaking news.

I may have come from a unique background but I did a whole lot more than spending eight years as a public school teacher in a large urban district. I became well aware of school districts’ needs, including the students, parents, teachers and other employees that depend on them.

I worked most of that time in Miami-Dade County, the fourth largest school district in the country. Broward County, where I worked briefly, is the sixth-largest. I found out how things get done in large bureaucracies. Those neighboring places are among the most diverse areas of the country with many needs ignored in the state capital, as I wrote in Wednesday’s blog.

2008-11 fall fest wild things are
Nov., 2008: classroom door after studying “Where the Wild Things Are”

My opportunity to teach came two years after returning to Florida from Philadelphia for family reasons. I was pretty much thrown into the classroom at Hubert O. Sibley Elementary (now Hubert O. Sibley K-8 Academy, named after the longtime president/CEO of the South Florida Educational Federal Credit Union) in the middle of the year. The regular 2nd grade teacher was about to go out on maternity leave. I had no formal training and scrambled to pick up as many of the regular teacher’s routines as possible, but my colleagues — who became like big sisters — helped by explaining lesson plans, while I knew how to make photocopies for them. Our relationship strengthened from there!

hubert sibleyThat was during the day. At night, I spent the next few years driving to schools around the district, taking the education classes I didn’t take while in college. It was hard work, and long days and nights, but I had students to use as examples while studying for my official teaching certification, and luckily the classes were sponsored by the district. That’s how much they needed teachers.

I moved to 1st grade for my first full year and got my students from the start. The one-year age difference was big for those children and they were out to please. I also benefited from a new team of teachers and best practices. My colleagues in all grades voted me Rookie Teacher of the Year.

Eventually, teachers moved or retired. I wasn’t the new guy anymore. Instead, I was grade chairperson.

My nights changed, as well. Instead of going to certification classes, I was getting busy getting schooled for state endorsements in English for Speakers of Other Languages and Gifted.

science projects sibley
Science projects my classes voted to do, and did according to the scientific method, included “Which kind of drink cleans pennies best?” and “What kind of laundry detergent removes dirt stains better: liquid or powder?”

Due to my different background than other teachers, the administrators “asked” me to figure out and run the school’s website. When we switched from actual gradebooks to putting in attendance and grades online, I was the point-person for any teacher with problems. In the middle of every quarter, I stayed hours late, printing out progress reports for every student in the school and dividing them up by teacher to be distributed. At the end of every quarter, I stayed hours late again, printing out report cards for every student in the school, and dividing them up by teacher.

smoke safety
Fire officials had students walk through a special trailer to teach them the danger of smoke.

That wasn’t it. Every year, I was removed from class to help administrators with the school’s annual School Improvement Plan. I sat at the assistant principal’s desk, in front of his computer, offering assistance with typing, technology and math. Eventually, after a few years, I spent days before that out of the classroom and in another school’s auditorium, full of assistant principals learning the district’s new procedure for that year.

May, 2007: my father teaching my class about dentistry at Sibley Elementary's Career Day
May, 2007: my father teaching my class about dentistry at Sibley Elementary’s Career Day

It was around this time the principal chose me to run a 12-month after-school/summer program if only we’d win the grant, so I spent more time away from the classroom, in an office with a computer, writing text and filling in blanks. The principal insisted that even if the money came through, he’d see to it that I stayed grade chair for 1st grade. Unfortunately, the grant wasn’t made to be.

I stayed too busy as grade chair for 1st grade, secretary of the school’s Educational Excellence School Advisory Council (EESAC, a Florida thing), and point-person for its annual Career Day.

Fall, 2006: I brought WTVJ NBC6 meteorologist Paul Deanno visited Sibley Elementary's Saturday Academy to teach about weather
Fall, 2006: I brought meteorologist Paul Deanno visited Sibley Elementary’s Saturday Academy to teach about weather

Separately, I got then-WTVJ meteorologist Paul Deanno to speak to children attending the school’s Saturday enrichment classes. (Paul is now chief meteorologist at KPIX in San Francisco.) Also, WPLG news anchor Calvin Hughes did a question and answer session with some of our 5th graders in the studio, through the school’s closed-circuit TV station. When things seemed to be going slowly, I quietly passed a handwritten question to the student interviewer. The assistant principal noticed and looked amazed! (I’d worked with both Calvin and Paul at Philadelphia’s KYW-TV.)

June, 2012: receiving my "Apple" for winning Teacher of the Year, the first to say Hubert O. Sibley K-8 Academy
June, 2012: receiving my “Apple” for winning Teacher of the Year, the first to say Hubert O. Sibley K-8 Academy

Then, I was elected Teacher of the Year and was told on the afternoon of the banquet in my honor that I was so good, I was being moved from 1st grade gifted to 3rd grade inclusion. Those were the lowest students, most in 3rd grade for the second time. Some reward!

Then, when I had to change classrooms for the first time in years — upstairs for the first time ever — I was made the union’s shop steward. I tried my best with each one of my growing responsibilities (including grade chair for 3rd grade, despite working with much more experienced teachers who actually knew the 3rd grade curriculum!), but decided that was probably going to be my final year at that school. There was only so much one person could do.2012-06 Teacher of the Year marquee

I’ll never forget the cries, up and down the 3rd grade hall, when the results of the FCAT (Florida Comprehensive Assessment Test) came out. If a student failed the reading section, that student would probably have to redo 3rd grade because that’s when a students stops learning to read and starts reading to learn. The test was so important, absolutely nothing got in the way before it. Any extra resources were directed towards 3rd grade, not to any younger students, as if reading comprehension doesn’t take years. Were those younger students supposed to suddenly rise up in 3rd grade after pretty much being ignored for years before? When I taught 1st, the principal asked all teachers of younger students to give up our last hour of the day, which was our planning time, to help the 3rd graders.

I couldn’t tell whether those children’s cries up and down the hall were happy or sad. Teachers were given a list of 3rd graders, not by whose class they were in, so we had to read the names in alphabetical order to ourselves, pausing until one of our students’ names came up, and then let that student know his or her future. What a way to be told! I think a full quarter of students were held back at Sibley each year.

Since then, the assistant principal transferred to the same role at another school and is now in federal prison for child porn possession. (It was not school-related.)

As for the principal, I’m surprised he’s still there. The exact moment I decided to leave Sibley was when his secretary asked me, as EESAC secretary, to sign a paper. Let’s just say there were issues with that paper. Too bad I had no chance to take a picture with my phone, but I warned the EESAC president at the time, who was also going to be asked to sign. Then, the principal called me back downstairs in the middle of a 3rd grade teacher planning meeting I was leading to explain why he wrote what he wrote. There was no excuse and I told myself I’d never be associated with anyone like that again.

I hear nothing but complaints from former coworkers who haven’t transferred out to where their talents and energy would be appreciated. The school’s grade has been C for the past three years, a D before that, and C for the five years before that. But the year before, I was proud to say we actually earned an A.

No, I don’t have a master’s degree. It would be nice, but there was no time. Instead, I think I’ve seen more things and done more jobs reliably without extra pay (other than for being grade chair) than most public school teachers anywhere have.

One was the funeral of a 1st grade student’s mother. His estranged father had dressed up as Santa Claus and knocked on their door. That’s when he shot the mother to death. The boy transferred out, to a school in Fort Lauderdale.

In 2013, I switched to a Jewish private school that happened to be at the synagogue where I grew up. (Actually, it merged with another and this was their new location.)

hochberg classroomMany of the parents were respectful but too many were gung-ho about all the supposedly latest technology and a teacher who was a TV producer, etc. It was such a change from parents who were mainly poor Haitian immigrants, simply happy their children would have a positive American male influence. And it was such a disappointment!

So much for smart kids! There were certainly some, but way too many were needy and wouldn’t have made it in public school. Of course I’m generalizing, but the only advantage in life they had was that their parents were rich. When you’re that rich, and there’s a train coming while you’re being driven to school, there will be an announcement not to mark any students late that day. Are there excuses like that in real life?

mandatory meeting
Mandatory meeting with three hours notice? What was so important? What if somebody actually had plans?

I had no problem with the religious aspects but the way teachers were taken advantage of never ended. That’s what’s in contracts when parents are lawyers. They pretty much owned the teachers.

hochberg turkey tango
Nov. 19, 2013: 2nd grade teachers Mrs. Guttman and I doing the Turkey Tango at a schoolwide show. That was the year Thanksgiving and Hanukkah coincided.

I left in January, 2014. If not, I would’ve had to come up with an idea for a program and offer it to students, whose parents would pay extra for them to stay after school, with the school and me splitting the extra tuition money.

The school isn’t there anymore. No website. It ended up merging with another school. Not even schoolwide shows like above could save it. Good riddance!

The last place I taught was Colbert Elementary in Hollywood, FL, after taking a few months off in early 2014.

I started as a permanent substitute as the place was renamed Colbert Museum Magnet Elementary. The name and curriculum changes were tries at improving the school, or at least the test scores. I hope it worked out. Remember, this was Florida.

colbert classroom
April, 2014: my Colbert classroom

As I remember it, each grade had to choose one thing from the curriculum per quarter and show it in museum form. That meant decorating the halls, for one, and inviting everyone to visit for an evening. We in first grade did aquatic life at the end of the 2013-14 school year. I was fairly new but got by. Unfortunately, the walls weren’t too good at holding tape and probably had to be repainted several times since then.

colbert museum

I had a great summer in Israel but didn’t have it in me to keep teaching. I had just had enough. It wasn’t the school’s fault. There was a great principal, Patricia Yackel, who was able to recognize every student in the entire school by name. Amazing! I didn’t care much for the assistant principal.

It was the day after Labor Day, 2014, early in the school year, and I’d known I couldn’t take it anymore. When I left, I told the assistant principal because Ms. Yackel wasn’t in the building at the time. That was a shame.

Despite all I’d been through, I still feel better about public schools and think every child should have a good one near his or her home.

Also, I’m against those “school choice” advocates trying to take money from public schools and let for-profit charter school companies run some. They can decide who they let in and refuse, while public schools can’t do that, so charter schools have a distinct advantage when it comes to test scores.

I also don’t care for private schools since they can also admit who they choose and don’t have to follow the same requirements other schools do. Besides, they lobby state legislatures for money they wouldn’t need if the children simply went to public schools, which most can. Others go for religious issues, which I understand. Then, there are those who have, or claim to have, special needs and require special settings. Meanwhile, the school takes the money to supposedly lower tuition but as I wrote, require more of the teachers, who usually make less money.

Wednesday, I got an email from a Florida doctor with an agenda. You could say I stay on his list for an education, even though I don’t know how he got my name. This is part of what he wrote:

“The outcome of the Primary Election on August 28 and General Election on November 6 will determine the future of our community for generations. One outcome could lead to expansion of vouchers to the middle class. Another outcome could threaten the $20 million we currently receive. We have arrived at the crossroads and all you need to do is vote. …

“Jewish schools received more than $20 million this year from state and federal programs but middle-class families will not experience tuition relief until the Florida Legislature passes an Education Savings Account (ESA) which will provide every Florida family an annual per student scholarship of about $7000 for use in paying tuition at a private school, irrespective of income level.
“This year’s elections are a tipping point. Immediately after the election, the new Governor must appoint 3 new Supreme Court judges. A Republican Governor will appoint judges who favor school choice programs. Judges appointed by a Democratic governor will create a majority that will support lawsuits that block vouchers and even threaten current funding.
“If we maintain a pro-school choice majority in the Florida House and Senate, ESA’s are a likely reality within the next 2 years.”

His endorsements will come and we can bet who they’ll be, at least in the general election.

Then yesterday, I got this from a national group writing about its efforts in Pennsylvania:

“We have helped secure millions of dollars for Jewish day schools through government advocacy.
“This includes funding for EITC and OSTC (Scholarships Tax Credits), enhanced security, school specific grants, and more. ALL of our children have benefitted over the past several years. And, our budget successes this week continued that trend.

“There are 8 communities with Jewish day schools in Pennsylvania, and we aim to serve each and every one of them.
“But we simply cannot do it alone. Your support will make a real, lasting impact on our children and families.”

So the point here was to ask for money.

But despite the emails I receive, please don’t think of this as a Jewish issue. It’s one area where Jewish and Catholic schools come together, and public schools don’t get the money.

Some parents and politicians have their own agendas.

As for me, I missed writing the news, took a wonderful managerial opportunity in the Tri-Cities of VA/TN, but couldn’t turn down a chance to return to my beloved Philadelphia. (I don’t regret the return; just the workplace.)

Back home, I’ve written news about the school district, listening and writing about budget issues, cuts made in the past, getting money from the state, and finding (and paying) lots and lots of new teachers. Click here for an example of one of my articles. I loved doing this and long-term projects such as the Democratic National Convention and NFL Draft, because most articles involved shootings, crashes and fires.

Enough already, and onto something meaningful. This former teacher hopes to make an announcement soon.

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

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Media mega-merger may be moving closer, impacting Miami

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

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

feature no sinclair tribune miami

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

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

One week ago, TVNewsCheck‘s Harry Jessell noted,

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

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

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

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

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

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

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

sinclair broadcast group

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

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

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

Folks, that’s next month!

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

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

sinclair divest

and these are the stations currently owned by Tribune.

tribune divest

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

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

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

So let’s take a look.

Cunningham Broadcasting

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

First, notice “owns and/or operates.”

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

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

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

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

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

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

PlayStation Vue

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

Sony hasn’t commented.

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

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

sinclair before tribune
Sinclair today, without Tribune

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

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

So much for public service!

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

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

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

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

PUSH pushing FCC over Sinclair/Glencairn

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

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

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

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

FCC fines Sinclair for Glencairn control

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

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

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

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

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

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

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

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

But there’s a lot more evidence.

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

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

Fox TV stations

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

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

But not just WBFF.

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

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

But that’s not all, folks!

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

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

How’d that happen?

In Nov., 2012, TVNewsCheck reported,

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

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

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

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

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

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

But Sinclair and Deerfield were already in cahoots.

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

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

The next day, TVNewsCheck reported,

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

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

“While Sinclair was buying, it was also selling.

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

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

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

And that was the start of the Deerfield connection!

tv airwaves

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

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

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

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

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

To the next perspective buyer…

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

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

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

“its broadcast ownership rules every four years. …

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

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

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

But there’s more.

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

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

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

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

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

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

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

But I found it eventually gets somewhat better.

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

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

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

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

But that was then.

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

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

Howard Stirk Holdings Grabs WCIV for $50,000

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

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

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

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

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

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

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

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

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

Howard Stirk Acquires KVMY Las Vegas

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

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

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

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

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

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

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

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

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

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

standard media

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

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

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

meredith corporation

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

WGN-TV

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

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

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

TVNewser put it this way:

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

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

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

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

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

Greta Van Susteren Wikipedia
Wikipedia

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

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

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

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

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

WPIX

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

Tribune Broadcasting Company

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

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

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

Jessell of TVNewsCheck was more direct, saying all Sinclair

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

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

Fox network

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

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

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

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

Thursday Night Football logo

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

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

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

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

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

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

WSVN

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

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

WSFL

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

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

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

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

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

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

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

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

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

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

And somebody will end up with WSFL.

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

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

old tv sets

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

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

It also wrote,

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

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

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

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

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

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

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

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

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

The nerve, since Congress controls the FCC!

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

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

He led by saying,

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

But he said Sinclair is telling the FCC

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

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

Jessell explained Sinclair

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

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

So this is Jessell’s bottom line:

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

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

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

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

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

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

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

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

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

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

sky news logo

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

Rupert Murdoch wikimedia commons
Rupert Murdoch, Wikimedia Commons

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

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

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

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

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

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

at&t time warner

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

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

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

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

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

This is criticism from The New York Times

from the PBS NewsHour

from USA Today

and even Russia Today

and Al Jazeera English.

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

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

katu memo

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

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

Since then, The Poynter Institute said Emory University researchers found

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

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

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

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

Researchers warned,

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

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

Sinclair president and CEO Chris Ripley:

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

Tribune CEO Peter Kern to employees:

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

Of course!

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

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

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

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

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