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

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

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

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

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

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

I ended it with two famous old sayings:

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

and

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

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

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

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

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

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

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

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

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

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

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

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

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

munich olympics

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

This is what a CNN producer reported tonight.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to JTA,

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

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

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

and this one came one minute later.

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

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

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

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

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

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

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

And speaking of remarks:

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

These are also clips from recent Farrakhan speeches.

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

rochelle ritchie twitter

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

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

He clarified with,

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

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

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

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

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

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

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

Sawdi Arabia

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

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

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

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

Today was a real eye-opener.

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

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

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

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

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

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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

Eric Trump and his shekels

I try not to go more than a week without posting something. Unfortunately, it has been 11 days dues to holidays that won’t be letting up anytime soon, and also my IT support specialist classes. (Last night, I finished Course 2, Week 1, out of 5 courses.)

I just don’t like blogs that give a sentence or two without any thought. They’re a waste of time and I’d be embarrassed to post with my name, so I tend to put them on social media. (You can see my last 20 my Twitter posts from @feedbaylenny right here on this site and visit it to see the whole thing. It’s not private. My last blog post, from 11 days ago, is down to #17 which shows I use it a lot.)

And I hate blogs that haven’t been touched in years. Yes, they exist!

Regular readers and those who know me know I tend to be moderate. In the middle, politically.

I’m putting this post out there because of a discussion on my Facebook page over Eric Trump’s shekels comment and the Washington Post article near the top of it. I expected some support. Any support.

fb eric trump

So let me explain to a wider audience:

The #WalkAway movement (walking away from the Democratic Party) became organized because its founder said so much of the left had gotten

“intolerant, inflexible, illogical, hateful, misguided, ill-informed, un-American.”

See this NBC News article about him. I even wrote about it a month earlier here, days before even learning about the hashtag and movement. Then, this is what I wrote two days later, after finding out about it.

There are a variety of reasons for not supporting the Democratic Party. It’s turning more to the left, engaging with extremist groups on that side, welcoming more anti-Israel activists, and it unfairly helped Hillary Clinton beat Bernie Sanders in the 2016 primaries. (I’m referring to disliking the unfair help and not referring to Sen. Sanders. I think my first and next-to-last reasons explain enough.)

But that doesn’t automatically mean conservatism is the answer. You can be conservative on some issues and not others. Ask yourself whether a man married three times with a mouth like his can be considered conservative in most uses of the term.

Check out who goes to his rallies. Look closer and see the staging: Always at least one black person and don’t forget getting rid of the “plaid shirt guy”, last week – actually a 17-year-old high school senior.

Tyler Linfesty eyebrow raise
Tyler Linfesty changed his Twitter profile picture to show his now-famous eyebrow raise!

It definitely doesn’t make President Trump the cure for the far left, and certainly not members of his family who are only part of this discussion because they were the lucky sperm.

Trump has done some good things, arguably the best president dealing with the Middle East, but he’s not perfect there. (Don’t tell me politics has no part in his actions and comments, as he gains Evangelical and some Jewish support.)

Luckily, he says there should be no question between right and wrong when it comes to terrorists and their supporters, unlike certain Democrats. (See Sarsour, Linda.)

Palestinians 2018-09-11

This week, on 9/11, Palestinian Media Watch exposed

“the political party of Palestinian Authority President Mahmoud Abbas (Fattah) apparently (thinking) the day is the perfect time to mock the US’ current president with tasteless cartoons that dishonor the solemnity of the day and the thousands of lives affected by the brutal attacks.”

Think they’re right? Who can forget Palestinians celebrating 17 years ago when they couldn’t blame Donald Trump?

Trump has made some bad policy decisions (civil rights, labor unions), said some very bad things (Sen. John McCain, daily lies and exaggerations, calling the media the enemy), and been involved in some bad behavior (Michael Cohen, Stormy Daniels). Plus, he needs a turnstile for his administration officials because of his management style and it seems he gets to political professionals so much, that they suddenly can’t keep secrets anymore!

To sum up Donald Trump, he does not take people and make them better.

He has huge personal issues, possibly more than any other president, that have influenced his two older sons over the decades. That, and their wealth and fame, guide them. They may be New Yorkers, and live in close proximity to many of us Jewish people, but they are not us and obviously haven’t been influenced by us.

To be fair, I have to add, a Trump-supporting cousin added to the Facebook exchange above shortly before publishing, saying his father Fred was good to Jews and best friends with a rabbi. To quote, “This family has been surrounded by Jews, who basically run the real estate business in NY.”

My response was basically that he suffered from Alzheimer’s disease since his grandsons weren’t even teenagers, so there couldn’t have been much influence. According to Wikipedia, “(Fred) Trump supported Jewish and Israeli causes and institutions, including donating the land for the Beach Haven Jewish Center in Flatbush, New York. He significantly supported Israel Bonds” and other non-Jewish charities. He knew about being of German ancestry and having Jewish tenants, postwar, and we both know the world and people’s behaviors have changed over all this time. I ended by saying I wouldn’t compare Donald to his father, and the grandsons are even more different. (Fred loaned Donald $1 million but kept his business in Brooklyn and Queens. “It was good for me,” Donald later commented. “You know, being the son of somebody, it could have been competition to me. This way, I got Manhattan all to myself.”) That’s not such an appealing quote to me.

In fact, I doubt the young Trumps would admit to being influenced by anybody but their father and revered grandfather, through stories told about him. Eric Trump using a Jewish term in response to Bob Woodward (not Jewish) making money selling a book makes absolutely no sense, and there’s no connection except that it’s a Jewish stereotype. Conservatives try not to label people but this Trump generation tends to.

So let’s look at Eric Trump.

He and his brother, Donald Jr., like hunting. They sure didn’t get that from us!

According to Yahoo! News,

“On a wild game hunting trip in Zimbabwe in 2011 … the Trump sons reportedly killed a number of exotic animals, including an elephant, crocodile, kudu, civet cat and waterbuck.”

Click here for TMZ’s slideshow of ten pictures, if that’s your thing. (Remember, Eric is blond and Jr. has dark hair.)

Eric is an executive at the Trump Organization and was a boardroom judge on The Apprentice. See any daddy influence with either?

He likes his name on things like the Eric Trump Foundation (AKA The Curetivity Foundation. Why would it need an alternate name?), and the Eric Trump Foundation Surgery & ICU Center in the Kay Research and Care Center on the St. Jude Children’s Research Hospital campus in Memphis. Great charity, but I wonder who the influence was. Maybe his mom? Keep reading and please, don’t name anything after me until I’m dead. Or a little less humble.

According to Wikipedia, The Curetivity Foundation’s 2016 tax return shows contributions almost doubling from $1.8 million in 2015 to $3.2 million in 2016, when his father ran for president. (To the younger Trump’s credit, he announced in December, 2016, he’d stop active fundraising for it to avoid speculation donors were using him to gain access to his father, the soon-to-be president.)

The foundation gave about $3 million to St. Jude and other charities but also paid $145,000 to for-profit properties owned by the Trump family. Peanuts (or shekels) for some, but nobody I know personally. That shows how rare such wealth is.

Even Forbes reported in June, 2017, “He’s done a ton of good” but after counting the money he raised,

“The best part about all this, according to Eric Trump, is the charity’s efficiency: Because he can get his family’s golf course (Trump National Westchester) for free and have most of the other costs donated, virtually all the money contributed will go toward helping kids with cancer. ‘We get to use our assets 100% free of charge,’ Trump tells Forbes.”

However, “That’s not the case,” according to Forbes. “It’s clear that the course wasn’t free.”

The magazine reported,

“The Trump Organization received payments for its use, part of more than $1.2 million that has no documented recipients past the Trump Organization. Golf charity experts say the listed expenses defy any reasonable cost justification for a one-day golf tournament.”

Also, the Donald J. Trump Foundation

“apparently used the Eric Trump Foundation to funnel $100,000 in donations into revenue for the Trump Organization. … More than $500,000 was re-donated to other charities, many of which were connected to Trump family members or interests, including at least four groups that subsequently paid to hold golf tournaments at Trump courses.”

Worse, Forbes said,

“The president was never known for giving his foundation much money, and from 2009 to 2014, he didn’t give it anything at all.”

Why can’t one family have one foundation? Do the Trumps disagree so much on donations? Couldn’t they save on accounting bills?

And the clincher, according to Forbes, is

“All of this seems to defy federal tax rules and state laws that ban self-dealing and misleading donors.” And, “The person who specifically commanded that the for-profit Trump Organization start billing hundreds of thousands of dollars to the nonprofit Eric Trump Foundation, according to two people directly involved, was none other than the current president of the United States, Donald Trump.”

The article has a lot more details, including, 1. Why the price of the tournament suddenly tripled in 2011, from $46,000 to $142,000, according to the foundation’s IRS filings. Also, 2. Golf tournament costs escalating “to $230,000 in 2013, $242,000 in 2014 and finally $322,000 in 2015 … according to IRS filings.” Plus, 3. This quote attributed to the president:

“I don’t care if it’s my son or not–everybody gets billed.”

You didn’t know any of this before? Neither did I, and I would’ve probably remembered. Besides, the story got picked up by ABC News, CNBC and Business Insider.

There must’ve been a lot of other news going on at the time for this to be buried. Did anyone keep the newspaper from Wednesday, June 7, 2017?

Looking at the big picture, the world is a tough place. So is Washington, but Americans need to give the office of the president and the people who holds that title support during his term (no, not on every issue!). Then, we can reevaluate in about two years.

As for Congress, I have personal questions over whether to support the better candidate if he or she is a Republican, as I believe in my newly-drawn district, since all of Pennsylvania was redrawn due to gerrymandering. That would hurt the chance of getting at least one house of Congress out of Republican control, which could lead to more fair discussions and debates. But it’ll never happen in Philadelphia, and that’ll have to wait for another time.

2018-09-14 Hurricane Florence loop NWS

So for now, I hope you’re safe if you’re in the path of Hurricane Florence!

The best picture I saw is one guy’s painting on a wall, “Hey Flo… Kiss my grits!” Notice it uses both the storm’s name and southern location in terms of food.

Waffle House even posted it on Twitter. (Click here if you don’t know the importance of that regional restaurant chain during storms.)

And of course, we can’t forget Flo on the TV show Alice!

And a special thank you to everyone who visits this site and reads, except certain lawyers, but that may be an eye-opening discussion with full names, evidence and legal documents fully exposed. That can’t happen until next month. Luckily, I’ve learned not to dwell on certain things and hopefully it won’t come to that, but it’s not up to me. As they say in legalese, “Plaintiff has exhausted his administrative remedies.”

You’ve added 300 page views in the past 11 days and while the Sept. 3 post was one of my better ones, if I can say so, I know not all the traffic came from there. So please continue looking through and comment below any article. Remember, I can use some support after that Facebook post above! Also check comments on posts that interest you, since I’m always updating there!

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.

Labor Day weekend leftovers

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

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

amx_loop

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

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

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

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

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

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

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

feature Tribune gavel Sinclair

Now, Sinclair is countersuing.

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

It accused Tribune of pursuing a

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

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

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

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

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

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

LANGUAGE: Viewer discretion advised.

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

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

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

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

Ars Technica reported that on Wednesday, Trump tweeted this

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

(Hit the play button.)

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

Politico quoted him as saying,

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

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

No wonder he hates the media!

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

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

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

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

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

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

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

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

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

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

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

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

Zuckerberg later clarified in an email,

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

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

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

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

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

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

oakview cemetery

bar mitzvah shirt

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

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

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

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

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

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

Today, according to Axios, Tribune announced it

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

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

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

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

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

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

TVNewsCheck continued,

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

In the filing, Tribune said:

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

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

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

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

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

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

Bloomberg reported,

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

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

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

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

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

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

According to TVSpy,

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

sinclair before tribune
Sinclair’s reach, without Tribune

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

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

Boris Epshteyn clip art

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

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

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

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

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

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

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

WGN-TV

TVSpy put it this way:

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

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

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

Tribune’s complaint alleges

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

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

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

This morning, Tribune released this statement:

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

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

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

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

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

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

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

Click here for the 62-page complaint.

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

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

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

Click here for 176 pages of exhibits.

Sinclair, for its part, put out this response:

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

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

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

FTVLive’s Scott Jones brought more from Ripley.

Chris Ripley statement

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

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

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

The FCC did not comment today.

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

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

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

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

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

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

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

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

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

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

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

Thursday Night Football logo

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

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

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

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

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

Fox WSFL WSVN

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

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

cox media group

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

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

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

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

Jessell ended his column by writing,

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

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

RECENT DEVELOPMENTS

Sinclair Acquisition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tribune Team,

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

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

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

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

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

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

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

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

Thank you, again,
Peter

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

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

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

NO sinclair tribune

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

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

cox media group

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

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

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

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

cox stations

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

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

wells fargo cox

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

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

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

How surprising?

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

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

sinclair before tribune
Sinclair’s reach now, without Tribune

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

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

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

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

Variety wrote at the time,

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

tv owner population share

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

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

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

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

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

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

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

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

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

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

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

Politico summed it up by saying,

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

During the 2016 presidential election, The Washington Post reported Sinclair

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

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

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

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

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

So what changed? Politico reports problems in three cities.

WGN-TV

First, in Chicago, the plan was to sell

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

According to Reuters,

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

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

Adweek added,

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

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

According to The Chicago Tribune,

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

WPIX

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

Adweek said also troubling

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

The Tribune reported,

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

According to Reuters,

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

So Politico said,

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

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

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

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

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

This keeps getting better!at&t time warner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Former Fox exec Preston Paddon remembers in his blog,

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

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

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

So after losing out on Tribune,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Then, at 6:58, Trump took on CNN…

and got pushback from its PR department.

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

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

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

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

But wait!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RKO General 1962
1962 logo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TVNewsCheck’s Harry Jessell put it this way:

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

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

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

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.

More moderation in politics, not so in casting calls

I’ve had a lot on my mind lately. There’s too much going on, between job stuff, the news and that last blog post I wrote.ak1

It was about being attacked on Facebook by someone who was angry I don’t think Barack Obama is my favorite president and made nasty knee-jerk comments when I simply asked my friend who’d made the post, “Favorite? Really?”

I didn’t see or refer to anything this crazy person had written, but she was obviously too thin-skinned and took it as a personal assault, and lazy and dumb because she couldn’t refute anything I wrote. She resorted to claims of “disrespect” and name-calling.

I’m glad someone commented on that Facebook exchange with a radical liberal after I’d already published the post. That’s when I learned about the new group #WalkAway. It’s called #WalkAway Campaign and it’s no more than a few weeks old.

The group describes itself this way:

group description

I wouldn’t go as far as the group describes itself – it was founded by a New York hairdresser – but I hope it becomes a place for moderates to respectfully discuss issues, because I’m so tired of the extremists on both sides and also both political parties. (I have to say I wish money was out of politics.) They seem so dirty to me and I don’t like the idea of politicians having to choose sides, to be aligned with one side and work against the other. We’re all independent with different subjects important to us, and different views on them.

walk away Brandon Straka
https://www.walkawaycampaign.com/

I don’t know if this will lead to a third party, and we know those haven’t worked in America, but I think most of us are sick of holding our noses and voting. That’s not how it should be. Neither should it be voting down either party’s line because there are good people on both sides.

vote voting electionNotice I said “voting” and not staying home because if you stay home, then you have no say. Remember “No taxation without representation?” Americans fought a war for independence. Much later, women and blacks finally got the right to vote, even though blacks had to wait another hundred years to do so without fear of violence or a poll tax.

Voting is not a right to be taken for granted.

i voted
Showing I voted. Yes, in Philadelphia. Not in Miami and definitely not the Tri-Cities!

President Trump may have been elected by people on the left who didn’t like Hillary Clinton. I’m not judging but simply stating what I believe to be fact. (I don’t know if anyone but the insiders know enough about Russian influence to make a firm decision. I’m certainly not.)

hillary clinton donald trump

Tell me, looking back, if all the people who stayed home on the day of the election rather than vote for a flawed candidate (and they were both flawed), would Trump be president? Do those people I’m referring to regret what they did (or didn’t do)?

There is one thing that bothers me about the #WalkAway group and it’s easy to find on Facebook. This group, probably about a week old, has too many rules and regulations, and too many moderators rejecting posts.

rejected comment
This is no way to gain support!

The hand print after a name in the photo above is supposed to mean the person joined the group within the past two weeks. (I had one yesterday but not today, for what it’s worth.) The shield with the check mark means the person is one of 18 who manages the membership and posts. Something doesn’t sit right with me on all that.

I was told to put my story in the “Random Stuff” section, which is already on Part Three, which contains almost a thousand posts like mine.

my comment

My comment was probably not noticed by the rulers of the page but besides my story, I let them know they’re probably shooting themselves in the foot if they’re going to continue being so strict. They’ll alienate possible supporters and there are many, considering how many signed up to join the group and had to be accepted. Hopefully they’ll get that right.

Speaking of radical liberals, there are some in the transgender community and their supporters who didn’t think Scarlett Johansson should play a transgender role in the movie Rub & Tug.

They ought to be pleased – if there’s any way to please them – Johansson has decided to pull out.

The dissenters claimed the role should’ve gone to a transgender actor instead, and said it proved how limited opportunities are for transgender actors (male-to-female or female to male) – as if casting people are allowed to ask.

In early 2016, The Advocate reported,

“A television show inspired by the life of Dan Savage encountered a snafu when it sought to cast a gay actor for the part of a gay teen.

“Todd Holland, a producer of The Real O’Neals, was alarmed to learn that he is prohibited from asking actors about their sexual orientation.”

That’s California law, meant to protect everyone of all genders, gender identities and orientations. Unfortunately, if you can’t ask, there’s also research and word-of-mouth.

Remember, this is acting and there shouldn’t be discrimination in any form. (Actually, it would probably matter in the adult film industry but I’ll leave that to the lawyers.)

the real o'nealsHolland got lucky.

The Advocate reported,

“It was very important to me [to cast a gay actor], and I was in a panic,” Holland said.

“Ultimately, the ABC show … did find a gay actor for the role: the 21-year-old Noah Galvin. The AP reports that Holland had a ‘sense’ that Galvin was gay and that he overheard the young man speaking about coming out to his parents.”

By the way, Galvin is half-Jewish (on his mother’s side, which makes it absolutely certain if you’re Orthodox or Conservative) but his character comes from a strictly Irish Catholic family. And Jay R. Ferguson plays his father, but he’s not, and he plays a police officer, which he’s also not.

But back to reality.

Johansson was cast in Rub & Tug as a mob-connected massage parlor owner who was a woman but lived as a man.

According to the Associated Press,

“Johansson was initially quite defiant and told anyone who had a problem with her casting to speak to the director.

“She said in a statement: ‘Tell them they can be directed to Jeffrey Tambor, Jared Leto, and Felicity Huffman’s reps for comment.’”

All three are cisgender but played transgender characters.

cisgender
Definition for the record, since this subject is new to so many people – good people – who just don’t know and it’s not their fault.

Also, it’s not a very old word.

But speaking to Out magazine, Johansson said something diffferent than earlier.

“I’ve learned a lot from the community since making my first statement.

“While I would have loved the opportunity to bring Dante’s story and transition to life, I understand why many feel he should be portrayed by a transgender person.

“I am thankful that this casting debate … has sparked a larger conversation about diversity and representation in film.”

And for the bean-counters out there, Variety reports bisexual actress Evan Rachel Wood (who I never heard of) is in talks to take on a voice actor role for the sequel to 2013’s Disney film Frozen, and some fans hope Wood will play Elsa’s girlfriend.

This scriptwriter (and radical liberal, if you read her Twitter posts) is even demanding it!

movie Frozen 2013She just proved my earlier point, “if there’s any way to please them,” and I suggest she spend a very long time quietly counting the number of LGBTQ+ roles versus the number of LGBTQ+ actors. I want specifics on L, G, B, Y, Q and +, so nobody can say they’re left out. We wouldn’t want to hurt anybody’s feelings. And if there aren’t enough roles to go around, then she should stop writing on Twitter and do her job.

By the way, “Frozen 2” is supposed to hit theaters Nov. 27, 2019. The original hit nearly $1.3 billion in box offices worldwide and won the Academy Award for best animated film in 2014.

Also, something to think about: The many roles of straight, cisgender characters in TV, the movies and the stage.

What if no sexual minority actors were offered any of those roles because they’re not straight, cisgender people? And you have to admit, numerically, characters without any love interest would probably be assumed to be straight and cisgender, since they’re the majority.

Does anyone have an answer to that?

american flag red white blue stars stripes

gay flag

Just know the earlier issues are being discussed and things are getting better. No whining or demanding necessary.

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.

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.

Follow-Up Friday, plus David Hogg defeats Publix

First, I want to thank you for all your reading. This is my 99th blog and so far there have been more than 14,100 page views. Dozens of you are reading and clicking more than once, even when I don’t post anything, and the numbers have really been going up.

feature hogg fb

Reading above what’s above would good thing to do over the long weekend. For those of you who haven’t been, I recently achieved the trifecta of categories: golden showers, pass gas (fart), and semen (cum) – all for news reasons, of course, and each used only once – so maybe you’ll start by subscribing.

weinstein

You never know what’ll come up next!

Here is a hint. It’s called Follow-Up Friday, and it’s good to see Harvey Weinstein in deep (pick a bodily substance from above).

The New York Times wrote Weinstein facing

“charges that he had raped one woman and forced another to perform oral sex … stood not only as a breakthrough in the investigation into sex-crime claims against him but as a watershed in the larger #MeToo movement.”

According to The Times via Slate Magazine,

Weinstein arrived at the precinct at 7:30am, got fingerprinted, then departed in handcuffs—without his books—about an hour later. From there he was driven to the courthouse, where he was arraigned at 9:25am and made bail on a cashier’s check for $1 million.”

Yes, you read “books” and Slate reported,

“Footage of his arrival shows Weinstein entering the precinct with three books in his arms—one about Elia Kazan, another about Rodgers and Hammerstein, and a third, floppy, leather-bound volume that hasn’t been identified.”

Then upon further review, Slate suspected the “books were almost certainly props” since,

“The choice of titles might also be designed to send some kind of message: Elia Kazan was a brilliant but disgraced film director and a ‘calculating, unfaithful womanizer’; composer Richard Rodgers was known to be sexually aggressive with the women who performed his musicals.”

Whether criminal suspects in New York get to read books they bring is under debate but Slate noted,

“Under normal circumstances, a person who surrenders to police can expect to wait 12 to 24 hours before heading off to see a judge. This includes time spent waiting to be transported to the courthouse, as officers don’t tend to make this trip until they have a group of people ready for arraignment. The fact that Weinstein got the ‘walkthrough’ treatment—coming in and out in just two hours—suggests that all arrangements (including the amount of his bail) had been worked out ahead of time by his lawyer and the district attorney’s office.”

That shouldn’t happen.

Neither should this: another school shooting. Today’s happened at an Indiana middle school. At least nobody was killed. CNN reports three people were injured — a teacher and a student, according to Noblesville’s police chief — “but hospital officials said at least three people, including one adult, were being treated. One student had an ankle fracture.”

A student was arrested a short time later, in or near his classroom. The chief said he’d asked for permission to leave the room and “he returned armed with two handguns.”

What did Indiana’s former governor have to say?

CNN noted “The shooting comes a week after 10 people were killed at a school in Santa Fe, Texas,” and “There have been 23 school shootings where someone was hurt or killed so far this year – an average of more than one shooting a week.”

I guess many more people than the usual students and teachers can’t wait for this school year to finally end.feature santa fe

I don’t know of any other Noblesville so there was no confusion like Santa Fe, when I showed you Philadelphia’s WTXF-Fox 29 (my former employer) did nothing but take a story from their sister-station in Houston, which didn’t have to specify a state.

wtnh santa fe ftvlive
http://www.ftvlive.com/sqsp-test/2018/5/20/nope

Unfortunately for folks in Connecticut, FTVLive’s Scott Jones found out about this from WTNH-Channel 8 (my former competition).

Maybe Fox 29 will finally learn to take its journalism and attention to detail more seriously, like its three main competitors, so it doesn’t mislead its viewers or readers. Heck, even Connecticut journalists were confused!

It didn’t take long, but Parkland shooting survivor David Hogg is back in the news for a victory against one of the biggest supermarkets in the southeast – Publix – and Florida GOP primary gubernatorial candidate Adam Putnam, for that matter.

2018-02-17 David Hogg Wikipedia
Wikipedia

Putnam made news for not getting any invitations to appear on Fox News, while his opponent, Congressman Ron DeSantis, has been on about a hundred times so far this year.

ron desantis adam putnam
Ron DeSantis, Adam Putnam

 

 

 

 

 

Besides the fair and balanced folks at Fox, Putnam has one friend and one enemy. The friend is Publix (not because it’s prude) and the enemy is Hogg, and today, Publix announced it’s suspending all corporate campaign contributions immediately.

The Tampa Bay Times reported Publix had given $670,000 to Putnam campaigns over the last three years. Its headline, ten days ago, was “Publix is supporting Adam Putnam’s run for governor like no politician before.”

On top of that,

“No other Florida candidate has ever come close to that kind of subsidy from Florida’s largest Fortune 500 company. Its most recent contribution, a $100,000 donation on April 30, was the largest, too, according to the latest campaign finance filings.”

Also,

“In 2016, WFTS-Channel 28 discovered seven Tampa Bay-area Publix stores failed health inspections. In those stores, food inspectors found rodent droppings, hundreds of pounds of meat and other food stored at unsafe temperatures, bugs and employees not washing their hands, according to the report. Putnam responded the next day by pulling the inspections from the department’s website and eliminating the pass/fail grading system.”

Publix logo exteriorPublix is based in Lakeland, and Putnam lives in Bartow, both in Polk County.

Thanks to Hogg, Publix faced “consumer boycotts, student protests and threats to its wholesome image.” Now, it’s acknowledging the “divide” it caused by its unprecedented financial support of Putnam’s campaign.

According to the Washington Times,

“The public face of the gun control movement demanded $1 million Thursday from the Florida-based grocery chain in a tweet, just one day after calling for a “die-in” protest at its stores.”

He also wanted an acknowledgment for the gun control movement.

As for Putnam, he’s sticking with the National Rifle Association and against the wishes of the survivors, some of whom like Hogg, will be old enough to vote against him. The primary is set for Aug. 28.

issue ads
See my May 8 post.

Facebook is acting on something I brought you earlier this month: “protecting legitimate political discussion within our community and fighting foreign interference in elections.”

Hit the question mark for help and type in “political ads.”

The social media giant will tell you,

“When ads with political content appear on Facebook, they’re required to include information about who paid for them. An ad with political content on Facebook can be identified by the label: Sponsored – Paid for by. This label is followed by information about who paid for the ad. Learn more about what’s considered an ad with political content.”

Then, after a way to report seeing “an ad on Facebook that has political content, but doesn’t have a label showing who paid for it,” it tells you “Ads that have political content and have appeared on Facebook on or after May 7, 2018 will also appear in the Archive of Ads With Political Content.”

facebook political issue ads
https://newsroom.fb.com/news/2018/05/ads-with-political-content/

That’s not just candidates, but issue ads from outside parties, too. The details were revealed when the expanded requirements took effect – yesterday.

Also, Adweek reported, “Twitter revealed a similar tactic Wednesday, saying that it was teaming up with nonprofit civic organization Ballotpedia to create election labels for the accounts of candidates running in the 2018 U.S. midterm elections.”

Something else you won’t be seeing on Facebook anymore are videos from The Weather Channel.

“[Facebook video] hasn’t been beneficial,” said Neil Katz, global head of content and engagement at The Weather Channel, according to Digiday at its Video Summit. “It has been good for Facebook, but it hasn’t been good for us.”

The publication wrote, “The Weather Channel’s Facebook presence included its main page as well as ‘weather-adjacent’ science, nature and travel verticals such as Rockets Are Cool, Crazimals and United States of Awesome.”

In March, The Weather Channel was sold to entrepreneur and entertainment executive Byron Allen, who us older folk remember from Real People. Another wise decision, sir.

Others are not as wise. Watch this news report FTVLive’s Scott Jones found from an excellent reporter, Stanley Roberts, at KRON in San Francisco. His beat is People Behaving Badly. This is for those of you who want to be in public but not on TV.

I love when people who don’t know what they’re talking about keep talking and talking, digging themselves further and further into a hole. By the way, a person has the right to shoot and record video in a public place. As far as consent for voice, which varies by state, a guy holding a video camera close by kind of tells you that you may be recorded! Sort of like a beep when you hear someone’s voicemail. Just a clue for the clueless.

And this is something I’ve seen several times before: Philadelphia’s own Frank Rizzo – former police commissioner who served two terms as mayor for most of the 1970s. He’d been out of office for less than a year when approached by a KYW-TV3 investigative reporter. This is something you shouldn’t miss, nor should the people above.

And speaking of Americans and our rights, the Philadelphia region’s two largest grocery store chains aren’t looking too super when it comes to our holidays, at least to me.

I hope Acme and ShopRite don’t know the meaning of Memorial Day, in which we honor our fallen heroes who are no longer able to barbecue or go down to the Jersey Shore. Otherwise, it’s just damn rude and insensitive.

acme memorial day
Acme wants you to celebrate Memorial Day
shoprite memorial day
ShopRite says to have a happy Memorial Day

Their recommendations to party should’ve been reminders to remember.

On that note, please don’t forget to read, show your friends and subscribe if you haven’t.

And have a good, long holiday weekend. (Wouldn’t that have been enough?)

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

I hope you’ve had a terrific Tuesday!

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

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

Sorry! (But not this one.)

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

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

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

So what’s the best solution?

I really don’t know.

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

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

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

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

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

no paywall logo
This graphic and all above are clip art

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

Just a thought.

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

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

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

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

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

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

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

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

Cambridge Analytica site
https://cambridgeanalytica.org/

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

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

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

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

So there!

And The Huffington Post also reported,

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

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

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

Good riddance!

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

donald trump ted cruz

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

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

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

Meanwhile, take a look at this list:

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

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

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

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

facebook coca-cola ad

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

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

That brings me to an article I tweeted earlier today.

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

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

ron desantis adam putnam
Ron DeSantis and Adam Putnam

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

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

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

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

Here is one more comparison.

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

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

Also,

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

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

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

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

tribune divest

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

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

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

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

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

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

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

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

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

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

And no Democrats’ names appear at all!

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

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

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

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

Now,

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

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

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

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

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

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

generic site

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

article page

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

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

Also, please, don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish.