Tag: "Lanham Act"

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.”

Thursday, February 2, 2012

| February 2, 2012

Overnight: The Underexploited Daypart.  Consultant Walter Sabo suggests more talk radio operators should take advantage of the overnight daypart – the one it wins by default.  Citing a Media Audit report indicating talk radio has the largest overnight audience, Sabo contends that – contrary to conventional wisdom – there is money to be made there and other opportunities on which to capitalize.  Read his exclusive TALKERS article here.

 

Can Radio Afford to be Rated Accurately?  That’s really the question that should be asked as Arbitron loses accreditation for five PPM markets.  The Media Rating Council is informing Arbitron, Inc. that accreditation for the Portable People Meter in five markets – Cleveland; Portland, Oregon; Riverside-San Bernardino; Salt Lake City-Ogden-Provo; and Tampa-St. Petersburg-Clearwater – is being withdrawn.  The MRC says its board of directors “reached this decision upon consideration of a recommendation from an MRC audit committee based on its review of the 2011 Arbitron PPM service audit results, which showed certain issues related to internal controls of the service and declines in service performance metrics.”  Arbitron EVP, service innovation and chief research officer Gregg Lindner says, “Consistent with our long-standing priorities, we will work to retain accreditation where we have it, to regain accreditation where it was withdrawn and to achieve accreditation in our remaining PPM markets.  As always, we will continue our work with the MRC in order to address their concerns.”  Arbitron says it intends to have all 48 PPM markets undergo MRC audits this year.  Currently, nine markets remain accredited: Atlanta, Cincinnati, Houston (DMA), Kansas City, Milwaukee-Racine, Minneapolis-St. Paul, Philadelphia, Phoenix, and St. Louis.  Although details remain vague, TALKERS suspects the problem faced by Arbitron in getting PPM off and running comes down to sample size – a two-fold challenge at this point.  First: To get enough radio listeners to participate in the program and follow it diligently while busy and distracted; second, to expend the money required to have enough units and participants per market needed to achieve statistical accuracy – an investment that ultimately falls on the back of the financially strapped radio business.

CBS Radio Alters WINS, New York Top-of-the Hour Slogan.  Some observers will call it a win for Merlin Media CEO Randy Michaels who challenged CBS Radio’s use of the “New York’s One and Only News Station” for all-news WINS.  After a back-and-forth of letters from lawyers regarding station slogans and positioning statements in which CBS Radio first asked Merlin to stop using a permutation of its “Give us 22 minutes and we’ll give you the world” slogan, it seems both sides may be moving forward with the business of doing news.  That’s probably best since we’re assuming neither desire to spend more on lawyers than necessary.  TALKERS legal editor Steven J.J. Weisman says each side could have made a case.  Weisman says CBS could reasonably argue that Merlin was infringing upon its trademark and Merlin could make a good argument that CBS’ use of the “one and only” phrase regarding its all-news radio product violated the Lanham Act (false advertising) in light of WEMP-FM’s existence.

Radio Pros Lee Abrams and Steve Saslow Plan Reinvention of TV News.  Radio programming legend Lee Abrams and marketing and network radio pro Steve Saslow are teaming up with attorney Brandon Davis to form THINK TeleVisual Network, Inc.  In a statement, the trio say they will “elevate the television news playbook into the digital age with a radical reinvention of the way news and information is produced and delivered.”  THINK states its programming will be “designed to present one unified televisual news experience across every device category.   It represents a profound rewriting of the news/information blueprint where a completely new style of presentation will merge with the magic of 21st century technology and modern American culture.”  Lee Abrams says, “News and information is what is steering our 21st century America, the equivalent of what rock ‘n roll was forty years ago.  THINK will merge this passion for information, knowledge and insight with the revolution in technology to create an interactive multi-media experience that will redefine how people are informed and enlightened.”  Initially funded by the three principals, the venture is currently going through another round of fundraising in collaboration with the Boston-based investment firm Kaufman & Company.

Clear Channel’s KFBK Celebrates 90 Years of Serving Sacramento.  News/Talk KFBK-AM/FM, Sacramento is celebrating 90 years on the air serving the people of the region.  As part of the commemoration, the station is unveiling an online museum “that will showcase and honor the station’s rich and storied history.  The museum will include audio clips, photos and videos that will transport listeners back in time to relive KFBK’s evolution.”  Other events throughout the day include Premiere Networks superstar  Rush Limbaugh joining KFBK morning news anchors Amy Lewis and Ed Crane live at 8:00 am where Limbaugh will reminisce about his time at KFBK.  At 11:00 am, station staff will open a time capsule left by a past generation of KFBK employees and longtime KFBK talk host Tom Sullivan – now syndicated by Fox News Radio but still heard on the station – joining Kitty O’Neal during the KFBK Afternoon News to commemorate the occasion.  VP/market manager Jeff Holden states, “The celebration today is recognition and confirmation that the commitment of the employees – past, present and future – is exactly what Sacramentans, at each point in time over the past 90 years, have so welcomingly accepted into their lives.  I couldn’t be more proud to be part of such an illustrious and valuable asset to the region and a part of the team that is making history.”

Clear Channel Quad Cities AM Duo Moves to News/Talk WOC; Piped to WMT, Cedar Rapids.  Morning show hosts Mark Manuel and Steve Ketelaar have been hosting the morning drive show on Clear Channel Media and Entertainment’s oldies KUUL-FM, East Moline, Illinois for the past four years.  Beginning February 20, the duo moves across the hall to handle the morning show on the cluster’s news/talk WOC, Davenport and will be simulcast at CC’s Cedar Rapids news/talker WMT.  They’ll replace WOC program director Dan Kennedy as morning host.  Kennedy stays in his PD post and will remain on the program as news anchor.  Kirk Marske will produce the WOC morning show.  According to the Quad City Times, WMT will provide its own news anchor during news cutaways. Clear Channel Davenport operations manager Jim O’Hara tells the paper, “A big thing with us over the past year with Clear Channel in general has been making the best use of our strongest people, our strongest programs.  As I’ve thought about that over the last several months, it dawned on me that WOC is one radio station that needs more help, more people.”

Florida Primary Aftermath, Facebook IPO and Earnings Report, U.S. Afghanistan Combat Withdrawl Plan, and Syrian Violence Among Top News/Talk Stories Yesterday (2/1).  The aftermath of Mitt Romney’s victory in the Florida primary, the announcement of a pending Facebook IPO and its first public earnings report, plans for an end to the U.S. combat mission in Afghanistan and ongoing violence in Syria were some of the most-talked-about stories on news/talk radio yesterday according to ongoing research from TALKERS.

sextubetubedupeyesxxxtubexokompozmesunpornoxxxdan deneme