Radio+Television Business Report

On Monday morning, the legacy of President Trump in Washington, D.C., was imprinted on the Federal Communications Commission.

Thanks to a spat over Section 230 of the Communications Decency Act, and the unwillingness of a Republican Commissioner who openly spoke out about his views as a strict Constitutionalist, the White House schemed to get a man who’d go along with the president’s quest to change the rule.

That individual on Monday was formally sworn in as the newest FCC Commissioner.

Nathan Simington has now been officially welcomed as one of five legislative leaders for the agency. The Commission notified all via a mid-morning Twitter post.

Simington takes the seat, previously held by Mike O’Rielly, after narrowly winning U.S. Senate approval — thanks to unanimous GOP support. Despite the controversy surrounding his nomination by the White House, the alternative would have been potentially worse for those seeking to further Republican “light touch” legislation — having the expectedly incoming Biden Administration get to select not one, but two, Commissioners.

Thus, for Roger Wicker & Co., it was a no-choice vote.

No matter how high Simington’s profile becomes in Washington, he can never be elected President.

Simington is from Saskatchewan, Canada, and became a U.S. citizen. That said, he is steeped in knowledge of many aspects of the telecommunications regulatory world. The University of Michigan law school graduate may have been a Senior Advisor at the National Telecommunications and Information Administration (NTIA) for just months, but in the role he worked on many aspects of telecommunications policy, including spectrum allocation and planning, broadband access, and the U.S. Government’s role in the Internet.

He’s also said to have authored the White House’s Section 230 plea, seeking it be discarded — thus holding social media platform owners accountable for what users post.

Prior to joining the Commission, Simington was a senior counsel to Brightstar Corp., the international mobile device services company. In this capacity, he led and negotiated telecommunications equipment and services transactions with leading providers in over twenty countries.

Prior to joining Brightstar, he worked as an attorney in private practice.

With Simington seated, he will be present at Ajit Pai’s swan song — the Jan. 13, 2021 Open Meeting for the Commission.

At this time, an agenda has not yet been released.

A wholly owned subsidiary of The E.W. Scripps Company has launched an offering of $700 million of new senior secured notes and $500 million of new senior unsecured notes.

The secured notes from Scripps Escrow II are expected to mature in 2029, and the unsecured notes are expected to mature in 2031.

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It’s now eleven days and counting for a major “blackout,” as required by Federal law, of all Nexstar Media Group-owned over-the-air channels and the nationally distributed WGN America cable network on Dish, due to the absence of a new retransmission consent agreement.

Could it be months before they return? It just took Cox Media Group, controlled by Apollo Global Management, nearly five months to ink a new deal with the direct broadcast satellite TV services provider.

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He began his career as a news anchor and director for a large group of radio stations. Then, he jumped to television, becoming a prime-time news anchor for some of North America’s biggest media companies.

This culminated in being named a lead news anchor in New York City for one of its top stations, in October 2018. Sadly, cancer has claimed Edgardo del Villar.

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From the top of Mt. Washington, a Townsquare Media FM reaches much of Maine, all of northern New Hampshire, and practically all of northern Vermont once leaving the greater Burlington area.

It’s a 48kw monster that was the late Norm Alpert’s first property, and is presently airing all-Christmas music. And, it is getting a new morning host and Brand Manager — an individual last with iHeartMedia in Tulsa.

That would be Jadd Naamani, who takes the role at WHOM-FM 94.9, which considers itself a Portland, Maine, radio station despite its huge reach.

“We couldn’t be happier to bring Jadd back to the northern New England airwaves. His energy, dedication to connecting with listeners on-air and online, and long-standing commitment to community make him an incredible addition to the team,” said Christine Sieks, Regional Market President for Townsquare Media.

Naamani took the iHeartMedia/Tulsa role in July 2018, as programmer of KTBT “92.1 The Beat.” Before that, he was Program Director at WERZ (Z107.1)/Portsmouth, N.H. He’d been there since June 2015, when he was upped from Promotions Director. He’s also done weekends at WXKS (Kiss 108)/Boston and WKSS (Kiss 95.7)/Hartford.

“I’m beyond grateful to the entire Townsquare Leadership Team,” said Naamani. “Thanks for bringing me back home to New England to what I feel is the best area in the country. The amount of localism that’s focused on by this company is unlike anything I’ve ever seen. Plus, I REALLY missed Maine lobster!”

WHOM was acquired in September 2013 by Townsquare Media as part of a $238 million deal signed off by Lew Dickey Jr., then the head of Cumulus Media.

WASHINGTON, D.C. — In case you missed it, the MORE Act was approved last week in the House of Representatives.

Does this mean broadcast radio and TV stations are now free to air marijuana advertisements? Not so fast, David Oxenford of Wilkinson Barker Knauer warns.

In a WBK Broadcast Law Blog post, Oxenford notes the actions taken by the lower body of Congress to decriminalize marijuana under federal law.

This, he explains, would include removing marijuana from Schedule I — a list of drugs prohibited in the United States, with very few exceptions.

“The passage of this bill through the House … should not be taken as a sign to start running marijuana advertising on your broadcast station, though there are some signs that the day on which that advertising can be run may be in sight,” he says.

First, it is important to remember that this bill passed only in the House of Representatives.  “Without also being approved by the Senate and being signed by the President, the House’s action had no legal effect,” Oxenford reminds media executives. “Because of the way that Congress works, if the bill does not pass the Senate in the current legislative session, which ends in the first few days of January 2021, the whole process must start over again.”

Good luck with that. Bills do not carry over from one Congressional session to another.

“So, to become law in the new year, a new Congress would have to start with a new bill, and a new House of Representatives and a new Senate would both have to vote to adopt the legislation,” Oxenford says.

As such, the MORE Act is — more or less — toast.

Absent Senate approval, which is doubtful in this lame duck session, “broadcasters run a real risk in running marijuana advertising even if they operate in a state that has legalized its use.”

David Oxenford, Wilkinson Barker Knauer LLP

According to Oxenford, the Commission “could be forced to take actions against a licensee for running this advertising if a complaint is filed against a station running such ads – including during the ongoing license renewal process.”

In addition, he adds, “there are still federal criminal penalties for promoting Schedule 1 drugs, including a specific prohibition against using radio waves to promote its sale and distribution.”

But does that House action signal movement in the future?

“[W]ith a new administration and a new Congress in 2021, and a different regulatory status in many states across the country, one can see that there has been a general shift in the regulatory climate surrounding marijuana legalization,” Oxenford says. “That shift could well lead to further rule changes in the near term.  Until then, broadcasters should act with caution, but should stay alert to see how future regulatory actions play out.’

With the December 10 interview with Pearl TV’s Anne Schelle,  the RBR+TVBR INFocus Podcast, presented by Dot.FM, has reached its 80th episode.

These short podcasts, hosted by Editor-in-Chief Adam R Jacobson, place a spotlight on the key news makers who shape broadcast media in Washington, drive its future through station transactions, and those providing the latest tech products of interest to the industry. Originally launched as a daily series focused on the challenges and response by broadcasters to the Coronavirus pandemic, RBR+TVBR InFocus podcasts have since evolved into a popular Tuesday/Thursday feature of a broader nature. Here’s a brief look at the guests who have recently appeared on the podcast:

Vincent Letang, MAGNA

Former NAB General Counsel Jack Goodman

Sean Compton, NewsNet – WGN America

Norberto Sanchez, Norsan Media

Ron Stone, Adams Radio Group/Independent Broadcasters Association

For the entire roster of on-demand podcasts to enjoy, just click here!

BOCA RATON, FLA. — ViacomCBS’ CBS Television Stations has been issued a summons in a civil action brought against the owner of WFOR-4 in Miami-Fort Lauderdale by a former freelance reporter who claims the station engaged in wage discrimination — and, a as a result, gender discrimination.

CBS now has until December 29 to respond. If not, judgment by default will be handed down by U.S. District Court for the Southern District of Florida.

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The Walt Disney Company announced late Thursday that it would raise its monthly subscription fee for Disney+, its OTT service, to $7.99 per month as of March 2021.

It then tripled its subscriber projections for 2024.

Investors responded in resounding fashion, with DIS soaring by nearly 14% in the final hour of trading Friday on the NYSE.

As of 3:21pm Eastern, Disney shares were trading at $175.37, up roughly 13.3%.  A $179.39 session high was logged in midday trading, as volume soared past 78.2 million shares with 40 minutes left in the trading day.

Average volume for Disney is 9.68 million shares.

The growth for DIS is exceptional, as shares were at $112.64 six months ago and were at $93.53 on March 11.

With today’s activity, Disney stock will finish at an all-time high.

With just under three weeks remaining in 2020 and so many counting down to a new year, now is the time to finalize the broadcast, online and social coverage of New Year’s Eve events being delivered from Times Square in New York.

While the public will not be allowed to partake in the Midtown Manhattan festivities this year due to the ongoing pandemic, there will be a televised ceremony. And, live feeds at no charge are again available.

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RBR+TVBR OBSERVATION

In the Jacobson household, mornings begin with a few rituals. Among them is a morning meditation, which is also the case for Streamline Publishing Chairman Eric Rhoads.

On Dec. 11, Mrs. Jacobson deviated from the regular selection of morning meditations saved on the iPhone by trying out a selection from a new app downloaded Thursday evening — Ten Percent Happier. How did she learn about the app? Entertainer Sara Bareilles shared it on her Instagram feed.

Welcome to the new paradigm of advertising for the 2020s. Is this bad news for radio?

Not at all, and here’s why.

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Travel east of Atlanta, and you’ll reach Morgan County, and the small town of Madison, its county seat.

Here, a Class D AM offering religious programming is being spun.

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On December 2, the nation’s No. 1 broadcast TV station owner saw its broadcast TV stations and its recently acquired WGN America cable network blocked from Dish subscribers, as negotiations reached a stalemate over a new retransmission consent deal.

As of Friday afternoon (12/11), a resolution was not expected soon. That said, Nexstar Media Group has gained new clearance for WGN America.

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The suburban Detroit-based mobile strategy and development company led by COO Bob Kernen is releasing what it says is the first app designed for radio with voice activation.

According to jacapps, consumers can now open station apps with just a voice command. In an environment where users have on average 32 apps on their phone, this technological advance makes it easier for listeners to find their favorite apps.

“From Echo and Google Home to our cars and even our TV remotes, more and more devices are controlled with our voices,” said Kernen, “It just made sense to enable users to open our clients’ apps using Siri and Google Assistant.”

Lisa Waters, Digital Media Director for Local Media San Diego, participated in beta testing of V5 for one of her stations, KFBG-FM 100.7, formerly KFMB-FM.

“As soon as you fire-up the updated app, you get an immediate sense of the station personality because of the inclusion of more spot-graphics from our radio station’s website,” she says. “I asked Siri to ‘PLAY BIG FM’ when I was driving the other day, and it opened the app and started playing the stream though my car speakers flawlessly. It’s one of those features that you don’t know you need until you have it.”

The platform continues to support connected car platforms including Apple CarPlay and Android Auto, and push notifications.

The platform also continues to have a complete location guide and directory option, which can help radio stations support and generate revenue from local businesses.

— RBR+TVBR West Coast Bureau, in San Luis Obispo, Calif.

Starting this week, viewers in the nation’s 14th largest TV market — Detroit — get a taste of the future as five local TV stations have banded together to launch NEXTGEN TV in Detroit.

This market is vitally important for ATSC 3.0’s data capabilities, as automotive executives and production facilities can learn first-hand of how the connected car can benefit.

Are companies such as Ford and General Motors aware of what NEXTGEN TV can provide? Yes, says Anne Schelle, the Managing Director of Pearl TV, who speaks exclusively with Editor-in-Chief Adam R Jacobson in this InFOCUS Podcast, presented by DOT.FM.
Listen to “RBR+TVBR InFOCUS Podcast: Anne Schelle” on Spreaker.

It’s presently airing an all-Christmas format, but with country music artists.

Soon, it will be devoting all of its musical choices to Jesus Christ and his teachings.

A Class B1 FM serving Canton, Illinois, with coverage of much of Peoria, has just become the latest acquisition for Educational Media Foundation.

The parent of the KLOVE and Air1 noncomm Christian Contemporary Music (CCM) networks is agreeing to purchase WCDD-FM 107.9 in Canton, Ill.

The seller is Illiana Communications, which is earning $170,000 from the divestment. An $8,500 deposit has been made by EMF.

The deal does not include the tower for WCDD. As such, EMF will lease it from Illiana. Terms call for monthly rent of $500, starting on the first anniversary of the lease, enacted at closing. The monthly rent is payable for the following 47 months. When that agreement ends, a new one is exercisable at a 10% increase in value.

The transaction does include the following:

Entering the Peoria area is likely one of many objectives for EMF as it seeks national coverage. The closest station airing KLOVE to Canton, Ill., is WLKU-FM 98.9 in the Quad Cities of Illinois and Iowa.

“Radio is one of the best performing media to help brands recover from a recession.”

Really? For broadcasters across Great Britain, that seems to be the case, new research from Ebiquity indicates. What learning lessons are there for U.S. radio broadcasting companies that can’t seem to propel themselves out of the COVID-19 bog?

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WASHINGTON, D.C. — The FCC has issued a Report and Order updating its rules to promote the introduction of ATSC 3.0-enabled innovative ancillary and supplementary broadcast services, a.k.a Broadcast Internet.

The positive response from key lobbying groups in Washington, D.C., was immediate, and positive.

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For Nielsen Holdings, Wednesday was “Investor Day.”

It was also the day the company formally unveiled the “new Nielsen,” with a “detailed view of its focused growth strategy and medium-term financial framework” on display.

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WASHINGTON, D.C. — Yes, there was an agenda. But there stories about Buffalo and a lemonade stand, too, and smiles as the FCC’s December Open Meeting entered its first 15 minutes on Zoom.

It’s the end of an era, and the meeting is the last for one of its Republican Commissioners — with its Chairman’s goodbye scheduled for January 13, 2021.

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