By Steven J.J. Weisman
BOSTON – Somehow it seems particularly fitting that the FCC chose April Fools’ Day to issue a press release in which it indicated that as a result of its review of its broadcast indecency rules following the Supreme Court’s decision in the case of FCC v. Fox Television Stations, Inc., it had managed to reduce its backlog of pending indecency complaints by more than one million — which represented 70% of the outstanding pending complaints. How, you might ask, was the FCC able to carefully evaluate more than a million complaints in only six months? It was easy. These cases were summarily dismissed for various reasons, such as being beyond the FCC’s five-year statute of limitations, involved cases outside of the FCC’s jurisdiction, contained insufficient information or were not actionable due to previous established precedents. Cases were also dismissed for being, in the FCC’s words “too stale to pursue,” although there is no FCC definition of staleness. It is also interesting to note that the FCC has not brought an action against a broadcaster for indecency since 2008 and that order of the FCC against Fox involving the 2003 broadcast of the show “Married by America” — which originally carried a $1.18 million fine, later reduced by the FCC to $91,000 — was ultimately voluntarily dismissed by the FCC in September of 2012.
A cynic might find it curious that the reason for the staleness in those cases was the FCC’s total ignoring of these cases for years, although in the FCC’s defense, a reasonable case could be made for the agency’s hesitance to act in the last few years as Fox’s challenge to the indecency regulations made its way through the federal courts and ultimately to the Supreme Court which decided the case (sort of) on June 21, 2012. However, as for the cases that were dismissed for having insufficient information or being not actionable due to previously established precedents, those facts should have been readily apparent to the FCC years ago.
Victory, But No Clarity at the Supreme Court. The United States Supreme Court ruled in favor of Fox TV and ABC and against the FCC in a decision announced yesterday. The high-profile cases involving fleeting occurrences of nudity and four-letter words on the two TV networks came to an end with the Court ruling as many, including TALKERS legal editor Steven J.J. Weisman, thought it would: in favor of the broadcasters. But as Weisman writes, the decision was based on a violation of the Due Process clause and ignored the larger question of the FCC’s definition of indecency. “As for the overriding question of the unconstitutionality of the rules themselves, the Court ruled that it did not even have to answer that question because the application of the FCC’s indecency rule was improperly done in a manner that violated the Due Process clause of the 14th Amendment.” Read Weisman’s analysis of the Supreme Court’s decision here.
Sports Talk Radio Gets Another National Network as CBS Radio Teams with Cumulus Media Networks to Offer Talk Shows, News and More. The skyrocketing popularity of sports talk radio is bringing another major network player into the business. CBS announces it will put the resources of CBS Radio and CBS Sports together to build a 24-hour, seven-day-a-week lineup of national programming called CBS Sports Radio. The company is partnering with Cumulus Media Networks which will provide affiliate sales and ad sales for the network and the content will air on 67 of Cumulus Media’s stations. The long-form talk aspect of this network will debut on January 3, 2013 but hourly CBS Sports news updates will begin on September 4 of this year. This entry of CBS into the sports radio game creates a much more crowded field of players once dominated by just a few. Soon ESPN Radio, Fox Sports Radio Network, and Yahoo! Sports Radio will be joined by the recently announced collaboration between NBC and Dial Global – NBC Sports Radio – and CBS Sports Radio. CBS Radio president and CEO Dan Mason states, “For more than two decades we have owned local sports radio and appreciate great talent and programming that resonates with listeners and elicits passionate dialogue and debate. We are bullish our expertise and prior achievements will allow us to successfully complement our existing businesses while expanding into what until now has been a largely unchallenged sector of the radio business.” Exactly how CBS will staff the new national sports talk radio network is something we’ll see develop over the next six months. It certainly has a trough of excellent talent at its local sports talk O&Os and the company indicates affiliate stations will have the opportunity to “regionalize their lineup by choosing from select programs currently featured on CBS Radio or Cumulus sports stations.” That means an affiliate station in the Mid-Atlantic, for example, could elect to carry a program that emanates from WIP, Philadelphia or WJFK-FM, Washington. Regardless of how this new enterprise develops, suffice it to say the sports talk radio business is getting much more competitive.
Genesis Communications Announces End of ESPN Relationship in Tampa and Orlando. ESPN Radio has been a part of Genesis Communications’ WHBO, Tampa and WHOO, Orlando for the past 10 years but president Bruce Maduri says in a statement that they believe it’s time to develop more local – and exclusive – talent. Maduri states, “ESPN Radio makes its once-exclusive programming readily available to the public on multiple audio and video channels and platforms, such as web radio, satellite radio, mobile devices, broadcast television, cable TV and more.” And Maduri cites the cost of the programming as a factor. He says they’ve enjoyed their 10-year relationship with ESPN but will end their relationship with ESPN by October 1.
Meet One of Talk Media’s Hardest-Working Talents: Larry O’Connor. And today is a very busy day for Larry O’Connor. First, he’s filling in for WPHT, Philadelphia’s Chris Stigall in AM drive; after an hour break he fills in for Dial Global’s nationally syndicated Dennis Miller; then he joins Salem Radio Network’s Hugh Hewitt as a guest on Hewitt’s annual live broadcast from Disneyland in Anaheim. Who is Larry O’Connor? The former manager and producer in the Broadway theater industry joined the Breitbart empire writing for Big Hollywood and became Andrew Breitbart’s choice to run the multi-media arm where he came to be in charge of Breitbart TV and he’s now editor of the video and multi-media arm of the Breitbart News Network. Given his position, O’Connor has an interesting view of the talk media landscape and he tells TALKERS magazine, “I have been fortunate to launch my career in this new age where I could broadcast on the internet for relatively low costs and within months build a loyal and vibrant audience with no more promotion than Facebook and Twitter alerts. Streaming my show at Breitbart News has allowed me to cater to the passionate center-right political news junkie that makes up our audience and it perfectly mirrors the hard-core talk radio audience. I am also fortunate to be the multi-media editor and curator for the Breitbart sites which puts me in the position of seeking out the choicest sound bytes which I hope will end up on playlists for talk radio shows from coast to coast. By having that task all day long, it puts me in the news cycle that is in the wheelhouse of talkers up and down the aisle.” The untimely death of Andrew Breitbart certainly affected the late conservative icon’s business but O’Connor tells TALKERS things there continue to move at a lightning pace. “The radical re-design of our site, which was Andrew’s final project, has been a resounding success. But the new design also has put enormous pressure and demands on our dedicated editorial staff because unlike our old blog format, the new design requires us to be on top of the news cycle and constantly posting fresh, relevant content on a constant basis. The loss of Andrew is a void that, frankly, will never be filled. But it is comforting to know that his business partner and long-time best friend Larry Solov is there every day over-seeing us and keeping Andrew’s vision alive and thriving.” Meanwhile, O’Connor continues to be heard at local stations across the nation. He’s recently filled in at such historic signals as WOR, New York; WLS, Chicago; WABC, New York and more.
Odds ‘n’ Sods. Nationally syndicated progressive talk star Randi Rhodes hosted an iconic entertainment figure on her Premiere Networks program as Cher called the show on Wednesday to talk about being vilified for speaking out as an entertainer. Cher told Rhodes, “I…try to do my part, try to do more than my part for helping people with my money and with my speaking…They just can only vilify you by just saying the most heinous things. They don’t talk about your ideas, or what you think. They talk about what kind of a person you are and then they vilify what kind of a person you are.”…..CBS Radio’s KNX, Los Angeles spotlights the city of Santa Monica in its next “KNX on Your Corner” event. News anchors will broadcast live from the café Back on the Beach throughout the day and “KNX Business Hour” host Frank Mottek will lead a private networking luncheon for local business leaders, titled, “Your Money, the Markets & the Economy,” with special guest, James Hausberg, managing director and partner of HighTower Advisors at Santa Monica Ford Lincoln…..Tribune Company’s WGN, Chicago is named Chicago Market Station of the Year by the Illinois Broadcasters Association for the fifth straight year. At the recent awards ceremony WGN picked up six other first place honors including Best Local Radio Newscast, Best Sports Story, and Best Website…..SiriusXM – in association with ESPN Radio – offers subscribers complete coverage of Wimbledon beginning Monday, June 25 through Saturday, July 7.
CRN Digital Talk Radio Adds Three Telecom Systems to Its Affiliate Roster. Sunland, California-based CRN Digital Talk Radio announces the addition of three new telecommunications systems to its affiliate roster which will carry CRN’s more than 100 shows and talk radio programs on their audio-only video channels for subscribers. Home Net of Kutztown, Pennsylvania; CML Telephone Cooperative Association of Meridien, Iowa; and LISCO (Local Internet Service Company) of Fairfield, Iowa will carry all seven of CRN’s broadcast networks on dedicated audio channels. CRN CEO Mike Horn states, “We are excited to join with Home Net, CML and LISCO and provide their customers with our top-rated and highly entertaining programming for the at-home listening experience.”
‘Fast and Furious’ Case/Executive Privilege Top News/Talk Story for Week of June 18-22. The case of Congressional Republicans’ attempt to hold Attorney General Eric Holder in contempt for not delivering documents in connection with the ‘Fast and Furious’ program and President Obama’s invoking executive privilege in the case was the most-talked-about story on news/talk radio this week, landing in the #1 spot on the Talkers TenTM. Following at #2 this week was the 2012 presidential race. At #3 was the G20 Summit and the Russia-Syria connection followed by the Euro Zone debt crisis and the global financial markets activities at #4. The Talkers TenTM is a weekly chart of the top stories and people discussed on news/talk radio during the week according to ongoing research from TALKERS. It is published every Friday at Talkers.com. View the entire chart here.
TALKERS Weekly Affiliate Roundup. The Dave Ramsey show is added to the program schedule at CBS Radio’s KRLD, Dallas…..KFNX, Phoenix picks up Cumulus Media Networks’ Mike Huckabee…..Compass Media Networks’ Free Beer and Hot Wings morning drive show is added to the program schedule at WZGM, Asheville, North Carolina; KBAZ-FM, Missoula, Montana; and WQCK-FM, State College, Pennsylvania…..The Money Pit Home Improvement Show joins the lineup at WMCD-FM, Statesboro, Georgia; WTHQ, Paducah, Kentucky; and KQWC-FM, Webster City, Iowa.
By Steven J. J. Weisman
BOSTON — Yesterday (6/21/12) the United States Supreme Court issued its long-awaited decision on the FCC’s indecency standards for broadcast radio and television and the decision hardly seems worth the wait.
In a decision that reminded me of a story about the comedian Professor Irwin Corey, who billed himself as the world’s foremost authority, he was asked, “Why do you wear sneakers?” He replied by saying that this actually was two questions. The first question was “Why?” and he went on to a long philosophical discussion of “why.” Then he went on to the second question, “Do you wear sneakers?” and he promptly responded, “Yes.”
In this case the Supreme Court was asked whether or not the FCC’s indecency rules were in violation of the First Amendment. However, rather than answer that question, the court merely determined unanimously, after much discussion, that the standards were applied retroactively and therefore they could not be enforced against ABC and Fox. As for the overriding question of the unconstitutionality of the rules themselves, the Court ruled that it did not even have to answer that question because the application of the FCC’s indecency rule was improperly done in a manner that violated the Due Process clause of the 14th Amendment.
SCOTUS Hears Broadcast Indecency Arguments; Sweeping Changes Unlikely. TALKERS magazine legal editor Steven J.J. Weisman says although Attorney Carter Phillips – representing Fox Television – argued convincingly that broadcasters are responsible to their audiences and advertisers and would not, therefore, engage in a “race to the bottom” with regard to indecency, he believes the Supreme Court will not throw out the current indecency rules as some broadcasters might hope it would. Attorneys representing the Federal Communications Commission, Fox Television and ABC Television argued before the Court yesterday for the first time since the Pacifica case in 1978. Read Attorney Weisman’s analysis here.
TRN Entertainment Syndicates Former KGO Weekender Dr. Bill Wattenburg. Bill Wattenburg was one of the KGO, San Francisco talk show hosts let go by Cumulus Media in December. Now, TRN Entertainment begins offering Dr. Wattenburg in national syndication Sunday evenings from 11:00 pm to 2:00 am ET beginning January 22. TRN Entertainment CEO Mark Masters says, “We are ecstatic to have a person of Dr. Bill Wattenburg’s caliber join our network. His vast knowledge of science and physics will enlighten all of his listeners. We believe he will quickly develop legions of dedicated fans that want to improve their personal knowledge and way of life.” Bay Area talk radio listeners are aware of Dr. Wattenburg’s credentials but the rest of the nation may not know that he is a senior research scientist at the Research Foundation, California State University, Chico; and a scientific consultant for the University of California Lawrence Livermore National Laboratory and many other institutions. He is a former nuclear weapons designer at the Lawrence Livermore National Laboratory; a former member of the US Air Force Scientific Advisory Board; and a former UC Berkeley professor of electrical engineering. TRN Entertainment describes Dr. Wattenburg’s show as “mostly an open-line, listener-driven call-in show in which he answers questions ranging from fixing cars to physics, and everything in between. His combination of experiences and scientific background give him a great wealth of knowledge that he applies to entertain and inform his audience.”
Clear Channel Takes Another Step Toward Making iHeartRadio a Ubiquitous Media Application. The broadcast giant announces it is making its application programming interface (API) and affiliate program available to third parties and developers so they can integrate its content and services into their own products, web pages and apps. Clear Channel states, “Developers will have the opportunity to create their own innovative versions of iHeartRadio on their platforms. The iHeartRadio API includes access to many of the service’s features, including its live broadcast and digital-only stations and Custom Stations as well as a deep social media integration.” Clear Channel Digital president Brian Lakamp says, “Opening our API will unlock exciting opportunities to enrich the unique, combined live and custom radio experience that only iHeartRadio provides. This move also builds on our commitment to be everywhere our listeners expect us to be, with the best products and services.” The company is clearly moving full-speed-ahead to compete in digital media distribution device race and this is another smart move to try to enhance iHeartRadio’s useage.
CBS Radio Names Two More to WNEW-FM, Washington Staff. When CBS Radio’s all-newser WNEW-FM, Washington debuts on January 19, Lisa Baden will be handling the traffic reporting in one of the nation’s most congested commuter markets and Jill Schlesinger joins the station for twice-hourly business reports. Baden has been broadcasting traffic reports in the DC market for two decades, most notably with crosstown WTOP-FM and Metro Traffic before that. Schlesinger is editor-at-large of CBS Moneywatch and also hosts her own nationally syndicated weekend financial talk program syndicated by Dial Global.
Premiere Networks’ Andy Dean Hits 50-Affiliate Mark. Nationally syndicated talk host Andy Dean, host of “America Now,” marks the 50-affilliate plateau. Premiere Networks SVP of affiliate relations Peter Tripi says, “The rapid growth we’ve experienced with this program is a testament to Andy’s talent, dedication and hard work. We look forward to reaching many more milestones together.” Dean’s program is heard on talk outlets across America including WSB, Atlanta; KSTE, Sacramento; WHIO-AM/FM, Dayton; WOKV-AM/FM, Jacksonville; and KNST-AM/FM, Tucson.
National Sportscasters and Sportswriters Association Announces Honorees. It’s the time of year when the NSSA announces winners of its best-of honors for their accomplishments in 2011. Here are just a few of those just announced: WGN, Chicago morning sports anchor and Northwestern Wildcats football and basketball play-by-play announcer Dave Eanet is named the 2011 Illinois Sportscaster of the Year. WGN VP/GM Tom Langmyer states, “Dave Eanet is a tremendous broadcaster and a class act. His passion, integrity and professionalism are apparent in everything that he does and we’re proud to have him on the WGN radio team.”…..Drew Deener of Sports Radio 790 WKRD, Louisville is named Sportscaster of the Year in the State of Kentucky. Deener hosts “The Early Birds Morning Show” and “The Cardinal Insider” on WKRD. He also serves as the TV play-by-play voice of University of Louisville football and basketball on WHAS-TV…..KOZN, Omaha’s Kevin Kugler, host of the popular sports talk program “Unsportsmanlike Conduct” and play-by-play host of the College World Series, earns the Nebraska Sportscaster of the Year award for the eighth year. KOZN program director Neil Nelkin states, “It truly is remarkable that someone this early on his career would be recognized at this level and at this frequency. It just goes to show how much talent Kevin has behind the mic and in the world of sportscasting.”
Former St. Louis PM Drive Team Thom and Jeff Begin Internet Initiative. The longtime PM drive team at Emmis’ alternative KPNT, St. Louis, Thom West and Jeff Burton, are producing an internet talk show available via iTunes or their website. Thom and Jeff were “downsized” in August and began producing podcasts in September. They say they are now averaging 40,000 downloads per day. The team has grown to include Scottie “Boom Boom,” Coach, and Kara the Lesbian. Daily guests add to the non-stop entertainment including comedians, visits from bands, athletes, and local and national celebrities. Jeff Burton says, “I really enjoyed the old radio show but with the added people and no FCC regulations we are free to do and say whatever we want…and we do!”
Longtime WMAL, Washington Personality Bill Trumball Dies at 77. Bill Trumball retired from WMAL, Washington in 1996 after spending more than 35 years with the station. He was partnered with Chris Core on the “Core and Trumball” show for many of those years. He passed away on January 10 from respiratory failure.
New Hampshire Primary, Iran Saber-Rattling and World Financial Markets Among Top News/Talk Stories Yesterday (1/10). The GOP race to take the nation’s first primary election of the 2012 presidential campaign, the ongoing saber-rattling by Iran and speculation about its drive to develop nuclear weapons and the state of the world’s financial markets were some of the most-talked-about stories on news/talk radio across America yesterday according to ongoing research from TALKERS.