Tag: "false advertising"

Thursday, February 27, 2020

| February 27, 2020

Jack Sunday Retires from Full-Time KFGO, Fargo Role. Longtime Fargo talk radio personality Jack Sunday has retired from his full-time role as an on-air talk host on Midwest Communications’ news/talk KFGO-AM.  Sunday had been co-hosting the late morning show with Amy Iler, who wrote a nice piece about Sunday that you can see here.  Iler is now partnered with JJ Gordon on the “It Takes Two” program.  Sunday acknowledged his decision to leave the position was difficult and noted that he is caring for his wife who suffers from a rare neurological condition.  Sunday first joined KFGO in 1989 and over the course of 30 years served as program director, afternoon host, and midday personality.  He tells KFGO’s Joel Heitcamp, “I am convinced that there is probably no other radio station in the country like KFGO… we have 17 or 20 people who are on the air live as personalities for extended periods of time… a four-person news team, a meteorologist and sports.  We have two great sportscasters here, plus on-air personalities with producers that become personalities themselves.”  Sunday will develop a podcast to be part of the station’s podcast offerings.

Appeals Court Tosses Prager’s YouTube Lawsuit. The suit by Salem Radio Network talk host Dennis Prager’s non-profit educational organization, Prager University, against Google’s YouTube platform was shot down by the U.S. 9th Circuit Court of Appeals yesterday (2/26).  Prager University had sued YouTube claiming it had violated its First Amendment rights and the Lanham Act (false advertising), but the District Court dismissed the suit.  PragerU appealed and the Appeals Court agreed with the lower court.  At issue here was PragerU’s claim that YouTube’s Restricted Mode violated the conservative educational organization’s First Amendment rights by making certain of its video unviewable for those under a certain age due to its Restricted Mode guidelines.  It also claimed that YouTube’s promotional language touting the importance of people being able to “speak freely” while putting certain videos in Restricted Mode violated the Lanham Act.  Judge M. Margaret McKeown writes in the decision, “The panel held that despite YouTube’s ubiquity and its role as a public-facing platform, it remains a private forum, not a public forum subject to judicial scrutiny under the First Amendment.  The panel noted that just last year, the Supreme Court held that ‘merely hosting speech by others is not a traditional, exclusive public function and does not alone transform private entities into state actors subject to First Amendment constraints.’  The panel held that the Internet does not alter this state action requirement of the First Amendment.  The panel therefore rejected plaintiff’s assertion that YouTube is a state actor because it performs a public function.  Addressing the false advertising claim under the Lanham Act, the panel held that YouTube’s statements concerning its content moderation policies do not constitute ‘commercial advertising or promotion’ as the Lanham Act requires.  Nor was YouTube’s designation of certain of plaintiff’s videos for Restricted Mode part of an advertising or promotion or a misrepresentation as to the videos.  Finally, the panel held that YouTube’s braggadocio about its commitment to free speech constituted opinions that are not subject to the Lanham Act.”

Former News Staffer Sues Entercom’s KCBS-AM, San Francisco.  A lawsuit filed in California Superior Court by former KCBS-AM, San Francisco news staffer Sheryl Raines accuses the station of retaliation, failure to prevent harassment, unlawful termination and more.  The complaint centers around allegations of inappropriate behavior and sexual harassment on the part of engineer Dan Denton.  Raines says she reported Denton’s alleged behavior to superiors, but it continued.  She was terminated in May of 2019 and was told that the station wanted “a different sound.”  In her complaint, she states her replacement was a woman of similar demographic makeup with a “startlingly similar” on-air voice to her own.  She is seeking unspecified damages.

ABC Audio Appoints Lakeia Brown to Senior Producer, Race & Culture Audio Insights Post. The senior producer, race & culture audio insights position is a newly created one at ABC Audio and Lakeia Brown will assume that post on March 9.  She has been serving in the ABC News research department.  She has more than 15 years of experience in consumer insights and analytics for television networks including: ABC, Disney, Comedy Central, Nick @ Nite, TV Land and BET.  She starts with ABC Audio on March 9.  ABC Audio vice president and general manager Stacia Philips Deshishku says that in this position Brown will “act as a storyteller, researcher, and social connector all rolled into one.  She’ll work closely with our amazing team to create and deliver new radio news products and podcasts, maximize sponsorship opportunities and participate in editorial story development, all while focusing on expanding Audio’s reach with multicultural audiences. Lakeia will also serve as ABC Audio’s in-house expert on all things research, connecting insights to actionable strategies that help drive reach and revenue for ABC Audio.”

TALKERS News Notes. Nationally syndicated home improvement radio show, “Today’s Homeowner with Danny Lipford,” hits the 300-affiliate station mark as it celebrates its 10th year under the direction of Lipford.  Along with Lipford’s Emmy-nominated TV show, “Today’s Homeowner with Danny Lipford,” airing in 91% of the U.S., Lipford is a familiar figure in the home improvement industry.  “Today’s Homeowner” radio dates back to 2009 when Lipford took over a small radio show called “Homefront.”  He re-branded the program, officially launching “Today’s Homeowner” radio which began airing on 60 stations.  Over the past decade, Lipford and his team have strategically grown the show’s footprint by 200%.…..In Virginia Beach, Max Media names Tim Donnelly executive producer of the Nick Cattles show on sports talk WVSP “ESPN Radio 94.1.”  Donnelly was most recently with Monticello Media’s WRAD-AM, Blacksburg, Virginia where he hosted his own sports talk show.  Max Media VP of operations and programming Rusty James says, “Tim lives and breathes sports and we are so excited to have his passion on ‘ESPN Radio 94.1.’”…..Townsquare Media’s sports talk WTMM, Albany adds another hour to the “Big Board Sports” show.   The program, hosted by Rodger Wyland and Chris Onorato, now airs from 10:00 am to 1:00 pm…..Salem Radio Network assures us that nationally syndicated late morning talk host Mike Gallagher does not have the coronavirus, but he did test positive for influenza and has to miss the opening day of CPAC 2020 in Washington.  So, filling in for him is Kurt Schlichter (right) who is pictured below interviewing American Conservative Union president Matt Schlapp (left).

Lee Abrams Is This Week’s Guest on Harrison Podcast. One of the most influential music radio programmers of the past 50 years, Lee Abrams, is this week’s guest on the award-winning PodcastOne series, “The Michael Harrison Interview.” Abrams was the chief architect of an approach to FM album rock radio known back in the seventies as the “Superstars” format and, as a consultant, guided hundreds of stations across the country to commercial success utilizing its systems and techniques. He went on to be one of the original programming forces behind today’s satellite radio during the first decade of its development and then served a couple of years with the Tribune Company helping that organization revamp its newspapers and television stations for the 21st century. Today, Abrams is the head of a newly launched, Chicago-based consultancy, MediaVision, which is focused on radio (terrestrial and beyond) and music for 40-plus consumers as well as revolutionary approaches to video news and television. Harrison and Abrams take a deep dive into the past, present, and future of pop culture including a retrospective on the days they spent as two of the top thought-leaders in AOR (album oriented rock) radio. This program is a must-listen for anyone in the radio business. To listen to the podcast in its entirety, please click here or click on the player box marked “The Michael Harrison Interview” located in the right-hand column on every page of Talkers.com.

Talk Radio at CPAC. Numerous radio talk show hosts from around the nation are attending this year’s CPAC gathering in National Harbor, MD with many broadcasting from the conservative event’s radio row.  Pictured covering CPAC for her national commentary is Victoria Jones (l) executive director of DC Radio Company visiting the broadcast setup of John Fredericks (r) of the John Fredericks Radio Network.

Broadcasters Foundation of America Names FCC Chairman Ajit Pai Recipient of Lowry Mays Excellence in Broadcasting Award. The recipient of this year’s Lowry Mays Excellence in Broadcasting Award from the Broadcasters Foundation of America is Federal Communications Commission Chairman Ajit Pai.  The honor will be presented at the Broadcasters Foundation Annual Breakfast on Wednesday, April 22 at the 2020 NAB Show in Las Vegas.  The Award is bestowed annually on an individual in broadcasting whose work exemplifies innovation, community service, advocacy, and entrepreneurship.  The Lowry Mays Excellence in Broadcasting Award salutes its namesake and is underwritten by The Mays Family Foundation.  Past recipients include Bill Clark, Eddie Fritts, Cathy Hughes, Mel Karmazin, Jeff Smulyan, Dick Wiley, and others.

Coronavirus Pandemic Fears, Presidential Race, Financial Markets Activity/China Productivity, Deadly Milwaukee Brewery Shooting, and India Violence Among Top News/Talk Stories Yesterday (2/26). Concerns about Covid-19 developing into a global pandemic; the Democrats battling to face President Trump in the November election; the reaction of the world’s financial markets to the coronavirus and the virus’ effect on China’s productivity; a fired brewery worker returns to the plant in Milwaukee and kills five co-workers before killing himself; and the deadly sectarian violence in India were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS magazine.

Music Radio News and Career Moves. Air personality Scotty Kay is adding midday hosting duties at Entercom’s St. Louis CHR KNOU “NOW 96.3” to his responsibilities.  Kay also serves as co-host of the morning show at country WUSN-FM, Chicago “US99.”  Entercom St. Louis SVP and market manager Becky Domyan says, “I’ve been a fan of Scotty and his unique ability to become one with his audience and we’re delighted to add him to our team.  Scotty will be a vital part of the puzzle as we continue to grow ‘NOW 96.3’ into the dominant contemporary hit radio brand in St. Louis.”…..iHeartMedia appoints Rex Long program director for Austin CHR KHFI “96.7 KISS FM.”  He was most recently with the company’s Salt Lake City cluster.  iHeartMedia Austin/San Antonio region president Matt Martin says, “Rex’s abundance of energy, his creative ideas to connect with listeners, combined with his strategic vison to be a fabric of Austin’s culture make Rex a perfect fit to continue building the ‘KISS’ brand.”…..Cumulus Media names Bev Rainey program director of country KRST, Albuquerque.  She’ll also host the late morning show.  Rainey served for the past 20 years with iHeartMedia’s crosstown country KBQI, the last seven as program director.  Cumulus Albuquerque VP and market manager Jeff Berry says, “KRST provides the very best in country music and entertainment for our listeners and unmatched results for our promotional partners.  I could not be happier to have Bev join this fantastic team.  She is known and loved by the audience and respected by the industry.  This is a great day for one of America’s great country brands.”…..Berkshire Broadcasting flips WAXB-AM/W233CF, Danbury, Connecticut “B945” from classic hits to classic rock as “945 The Hawk.”  Berkshire CEO Irv Goldstein says, “‘B945’ has been continuously evolving over the years.  Morphing from a traditional oldies station to an 80s based classic hits/classic rock mix.  We just felt that now was the right time to get off the fence and go all in.  ‘945 The Hawk’ is classic rock that really rocks.”

Tuesday, January 24, 2012

| January 24, 2012

Merlin Media’s All-Newsers Making Headlines.  Although not for winning the radio news ratings wars – at least not yet.  First, from New York, Merlin Media CEO Randy Michaels is not going quietly in his hand-to-hand combat with CBS Radio.  As you recall, CBS Radio lawyers sent Merlin a cease and desist for using permutations of WINS, New York’s “Give us 22 minutes, we’ll give you the world” slogan.  Merlin’s was, “Give us 10 minutes, we’ll give you the world.”  That difference is important, according to Michaels, who responds that his station is not infringing or misleading consumers but accurately comparing WEMP-FM’s service to WINS’s.  Still, Merlin agrees to stop using the phrase saying it’s not really important to its marketing plans.  The biggie is Merlin is threatening action if CBS does not stop declaring that WINS is “New York’s One and Only News Station,” something Merlin states is “patently false” and comes under the category of a false advertising claim.  In other Merlin Media news, its Chicago operation – WIQI-FM – is quietly testing a news partnership with NBC TV O&O WMAQ-TV, according to Time Out Chicago’s Robert Feder.  CBS’ WBBM-TV and WBBM-AM/FM have a working news relationship and now Michaels may have created a partnership with another of CBS’ news competitors in Chicago – namely NBC.  Feder writes that the deal could mean FM News 101.1 would use NBC 5 audio on its newscasts, FM News 101.1 reporters could appear on NBC 5 newscasts or they could share assignments and online content.  Feder reports the NBC brass is downplaying it as “very informal” as this point and “more of a test to see if we both can benefit.”  Stay tuned.

Lionel Adds New York’s FM News to His Expanding Media Footprint.  Iconoclastic talk show host and personality Lionel has been added to the programming menu at Merlin Media’s all-news outlet in New York (FM News 101.9) as the station’s resident “News Decoder” and legal analyst.  The star of LionelMedia.com appears on the air 12 times-per-day with one-minute commentaries at :32 between 5:00 am to 11:00 am and 3:00 pm to 9:00 pm.  Lionel also performs a similar role at Tribune’s New York TV outlet WPIX Channel 11 with 13 nightly news commentaries per week as well as appearances on the station’s Monday morning news program.  Tribune has begun syndicating these Lionel features to its other television stations around the country.

Michele Tafoya to End PM Drive show on WCCO, Minneapolis.  Working for CBS Radio’s WCCO, Minneapolis and doing her sports work for NBC TV has been too much for Michele Tafoya so she’s giving up the radio talk show.  CBS Minneapolis market manager Mick Anselmo tells the Minneapolis Star Tribune, “She just runs out of gas.  She’s coming out of 20 consecutive weeks of working seven days a week.  We’ve had ongoing conversations about this.  We’d hoped to find kind of a natural break.  The Super Bowl is it.”  Tafoya will work the Super Bowl for NBC and then take on the Olympics this summer.  As for WCCO, the station moves late-morning host John Williams (who does the show from WGN studios in Chicago) to the 3:00 pm to 6:00 pm slot and John Hines takes over the late-morning shift for now.

Dial Global Partners with CBS Radio’s KMOX, St. Louis to Syndicate “Overnight America with Jon Grayson.”  The number of quality nationally syndicated overnight talk radio programs grows by one as Dial Global works out a deal with CBS Radio and KMOX, St. Louis to make “Overnight America with Jon Grayson” available nationally.  Grayson’s program has been heard on CBS’ KDKA, Pittsburgh and WCCO, Minneapolis as well.  Dial Global SVP of news/talk Amy Bolton states, “Programmers across the country know that a solid overnight show is critical to strong morning drive ratings.  Overnight America brings strong audiences to daybreak.”  The overnight daypart is getting crowded with syndicated offerings that already include Premiere Network’s “Coast to Coast AM”; Dial Global’s Jim Bohannon; Cumulus Media Network’s “Red Eye Radio”; and Genesis Communications Network’s “America Tonight” with Kate Delaney, to name a few.

Clear Channel Names Kevin Dorsey President of Traffic, Navigation and Mobility.  Kevin Dorsey has been with Clear Channel Media and Entertainment since September as SVP of national advertising platforms.  Now he’s upped to president of traffic, navigation and mobility where according to CC, he’ll “oversee the continued integration of Metro Networks with Clear Channel Media and Entertainment’s Total Traffic Networks and will manage and further develop innovative programs including broadcast traffic reporting, online traffic mapping, custom routes and personalized mobile navigation.  His responsibilities will also include building integrated connections with ‘consumers on the go’ over the air, online and via mobile.”

Broadcaster’s Foundation of America Mourns Passing of James Delmonico.  It was James J. Delmonico who is credited with taking over the Broadcast Pioneers organization in 1991, changing its name and setting it on the course that would increase its treasury, profile and ability to assist those in need.  Delmonico passed away Saturday at age 91 in Syracuse.  BFoA chairman Philip J. Lombardo says, “Jim was a tireless leader for the organization, inspiring the appointment of many notables to the board of directors with new focus, determination, and purpose.  Jim was known for challenging his fellow board members to be supportive both financially and by encouraging others to do so.  Under his chairmanship, Jim brought new strengths to the organization in those early and important bedrock years.  He will be missed.”  The organization says that Delmonico “inherited an organization with a treasury of less than $30,000 and few grant recipients in 1991.  Through Delmonico’s leadership and inspiration, and that of his successors – Ward L. Quaal, Edward F. McLaughlin and chairman Philip J. Lombardo – the organization today has an outreach that will exceed $700,000 in grants this year.”

Gingrich Wins SC Primary, President Obama’s State of the Union Address, Iran Oil Embargo, Joe Paterno Passes Away and Super Bowl Matchup Set Among Top News/Talk Stories Yesterday (1/23).  Newt Gingrich’s South Carolina victory keeps GOP primary going; President Obama prepares to deliver the State of the Union address this evening; Iran threatens to close Strait of Hormuz over EU oil embargo; Joe Paterno dies and adds a twist to the Penn State sex abuse case; plus the Super Bowl is set for a rematch between the Patriots and Giants.  These were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS.

Southern California Radio Host LaFern Cusack and Partners Take “Broad Topics” Program to TV.  LaFern Cusack is well known in Southern California for her weekly program on ESPN O&O KSPN, Los Angeles and Radio Disney’s “Playground.”  She and co-hosts Laura Nickerson and Lauren Kelley have also been producing and hosting the internet radio show “Broad Topics” since 2008.  Now, the trio is bringing the program to local television via cable TV in Santa Monica through a partnership that has been made possible by the Commission on the Status of Women in an effort to bring the woman’s voice to current issues.  The program was the brainchild of Nickerson who says she wanted “to create a forum for honest discussion of what’s going on in the world from an actual woman’s perspective.  Aren’t we all sick of the male media voice telling us all what to think?  Besides that, my kids were sick to death of hearing me go on about social policy during ‘Sesame Street.’”  Taping of the show will begin in late March.

Doc Ties the Knot.  WLW, Cincinnati late morning talk host Doc Thompson (r) is pictured here at his wedding with his lovely bride Yuna Lee (c) and WRVA, Richmond morning host and program director Jimmy Barrett (l).  Thompson and Lee met at WRVA where Thompson still hosts the PM drive show from Cincinnati.  Yuna Lee is a news anchor at WHIO-TV, Dayton.

 

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