Tag: "legal editor"

Monday, December 22, 2014

| December 22, 2014

weismanstevenLegal Analysis: The FCC Properly Rules In Favor of Redskins.  The Federal Communications Commission’s decision last week to grant license renewal to radio station WWXX-FM, Buckland, Virginia, despite objections filed with the commission centering around the team’s Redskins name, was greeted with approval from TALKERS legal editor Steven J.J. Weisman.  In a column posted today (12/22), Weisman writes that – whether one agrees that the team name is offensive or not – the FCC’s decision was the correct one.  “The objection to the renewal tried to twist legal terms totally beyond their meaning.  The objectors argued that the term ‘Redskins’ was obscene.  Obscenity is not permitted on the public airwaves and continuing use of obscenity on a radio station would legitimately be a ground for denying a renewal of license.  Obscenity may be in the eye of the beholder to some people, but not in the eyes of the established law, and the FCC rules and regulations which limit obscenity to the depiction or description of sexual conduct.”  Read Weisman’s entire explanation of the decision here.

alphamedia logoAlpha Media Enters Shreveport and Tyler-Longview with Access 1 Acquisition.  The nine radio stations owned by Access 1 Communications in the Shreveport, Louisiana and Tyler-Longview, Texas markets are being purchased by Alpha Media for an undisclosed sum.  The stations – which Alpha will begin to operate under an LMA effective January 1, are: hip hop KBTT, gospel KOKA, urban contemporary KDKS, oldies KLKL, and classic rock KTAL in Shreveport; and country KKUS, adult contemporary KOOI, regional Mexican KOYE, and country KYKX in Tyler-Longview.  Alpha notes that when all pending deals are complete, it will own and operate 83 stations.  Alpha chairman Larry Wilson states, “I’ve known [Access 1 president and CEO] Chesley Maddox-Dorsey for a long time.  She’s a great person with superb integrity and it’s a tremendous honor for us to be buying stations from Access 1.  I’ve been continually impressed with the quality of people I’ve met and their passion for the industry; it fits right in our sweet spot for live and local radio and we are very much looking forward to the acquisition.”

Odds & Sods.  The digital broadcast of “The Anthony Cumia Show” is being repped by AdLarge Media.  Cumia – longtime partner of SiriusXM’s Gregg “Opie” Hughes – left the satcaster in August and recently debuted his digital video show…..WOAI, San Antonio-based Joe “Pags” Pagliarulo agrees to a new contract with iHeartMedia.  He’s also heard on other iHeartMedia stations…..Oldies WVLZ-AM, Nashville will flip to sports talk on January 5 using programming from Yahoo! Sports Radio.

burtonbillRemembering Bill Burton. Holiday festivities were dampened over the weekend by the news that the industry lost a genuine cheerleader.  Particularly to those in Michigan radio sales circles, the name Bill Burton is legendary, as was his insistence that salespeople always “be fabulous.” Cause of death for the 85-year-old Burton was head injuries resulting from a fall at his home this past Tuesday (12/16); he passed away on Saturday (12/20). As president and chief operating officer of the Detroit Radio Advertising Group, Burton’s primary responsibility was to sell radio at the decision-making level.  In fact, he preferred to be called a “radio cheerleader,” “professional product mover,” or “people builder,” rather than the aforementioned impressive title he held the past quarter of a century.  “Why Radio” was the underlying theme to the countless presentations the Detroit native would make around the country.  Credited with originating the line, “An automobile is a radio with four wheels,” Burton would stress 91% of drivers listen in their cars, making them a “captive audience” for advertisers.  Radio is the “frequency medium,” he would insist and “frequency is paramount in selling.”  Burton started his radio career as an AE at Eastman Radio, where he would eventually become president and chairman.  A 2002 Michigan Broadcast Hall of Fame inductee, Burton entered the Adcraft Hall of Fame in 2005.  He held a degree in business and economics from Michigan State University (MSU 10 years ago presented him the Lifetime Achievement Award from its Broad College of Business), and Burton attended law school at the University of Michigan, before joining the Army.  Among Burton’s many non-industry accomplishments was successfully completing the Boston Marathon.

Nashville Broadcaster Teddy Bart Dies at 78.  Nashville radio and TV legend Teddy Bart died on December 21 at age 78.  According to his obit in The Tennessean, Bart’s shows were known for defining “the discussion of Nashville’s political and business heavyweights.”  In addition to work on local television stations, Bart was part of the long-running “Waking Crew” on WSM-AM.  He also hosted “Teddy Bart’s Round Table” with co-host Karlen Evins several stations in the market.

wbtwlnk duo logoCool Job Opportunity.  Greater Media Charlotte is currently looking for a passionate and innovative individual to join our team in the role of Web Developer.  This is a big year for Greater Media technology where you can be part of rolling out all-new, state-of-the-art brand experiences for some of the best radio stations in Charlotte: News/Talk 1110 WBT, 107.9 The Link, and The Bob & Sheri Network.  You must have a solid grasp of and demonstrated experience with modern web technologies and standards such as HTML5, CSS3 and jQuery. You must also be a proficient developer in PHP and MySQL. Experience with WordPress and WordPress plugin development along with a minimum of 2 years’ experience is required.  The daily activities of this position include: Designing and developing new digital experiences, features and functionality for our programming and promotions departments across our radio stations’ web and mobile app properties; Collaborating with our sales department to create and traffic engaging advertising opportunities for our clients; Talking to people.  Seriously, you’ll interact in some form or fashion with just about everyone in the company so you’ll need to have “people skills.”  So, if you’ve got a great eye for digital design and terms like responsive design, Node.js, git, Bootstrap and API integration get you excited, please reach out to us!  Please send your cover letter and resume to: Greater Media Charlotte, WBT/WLNK Human Resources, One Julian Price Place, Charlotte, NC  28208. hired@gmclt.com  704-338-3079 (fax) No phone calls please. EOE.

Beck Loses First Round in Libel Case

| December 4, 2014

By Steven J.J. Weisman
TALKERS 
Legal Editor

 

weismanwriterBOSTON – In a significant ruling, Judge Patti B. Saris denied Glenn Beck’s Motion to Dismiss a libel lawsuit brought against him by a 20-year-old Saudi Arabian student, Abdulrahman Alharbi.  Alharbi was a spectator near the finish line of the Boston Marathon in 2013 when bombs planted by the late TamerlanTsarnaev and his brother Dzhokhar Tsarnaev, who is presently awaiting trial on numerous charges related to the bombing, were detonated.  Alharbi was not just a witness to the bombing, he also was injured in the bombing.  However, in the days and weeks following the bombing, Beck identified Alharbi on the air as an Al Qaeda “control agent,” “money man,” and co-conspirator involved with the attack.

Shortly after the bombings, Alharbi was indeed questioned by federal authorities and, with his permission, they searched his home.  Shortly thereafter, these same federal authorities concluded that he had absolutely no involvement with the attack and news reports about a possible connection with Alharbi and the Marathon bombing ceased with the major exception of Glenn Beck, who continued for weeks to describe him as an active participant in the bombing.

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Do You Have a Non-Competition Clause in Your Contract?

| September 3, 2013

By Steven J.J. Weisman
TALKERS 
Legal Editor

 

weismanwriterBOSTON — It is nothing new for some business people to have a dim view of competition.  The legendary John D. Rockefeller, founder of the oil company monopoly, Standard Oil said “Competition is a sin.”  The federal government disagreed and Standard Oil was broken up under the Sherman Anti-Trust Act in 1911 following a landmark Supreme Court decision.

When it comes to radio talk show hosts, being able to compete by leaving one employer and going to another employer is often viewed by radio station owners in a fashion similar to Rockefeller’s.  To them, competition by former employees, if not sinful, should at least be considered a breach of contract.  It is not unusual for a talk radio host’s contract to include a provision that limits the right of the host to work for someone else.  This contract provision is commonly called a non-competition clause.  Often such clauses are used to limit the right of a talk radio host from going to work for a competitor in the same city or geographical area.

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