Tag: "Sleep Train"

Friday, November 11, 2016

| November 11, 2016

nielsen-meter nielsen_logo-2Nielsen Audio Acknowledges Connectivity Issues. Clients were informed yesterday (Thursday, 11/10) that 8% of installed Nielsen Audio devices across its 48 PPM-markets became inactive. The situation began in week one (11/3 – 11/9) of the December PPM monthly survey. According to a Nielsen spokesperson, “Our panel relations specialists have already been in contact with these homes and all affected panelists have now been sent new PPMs; 49% of the replacement meters are back online. We expect the balance to come online in the next several days.” The spokesperson further notes, “We forecast the percentage of installed and fully operational meters eligible for in-tab will be 97% for the month of December and 92% for week one of December across the aggregate of markets; weighting will adjust for demographic and geographic imbalances.” Lower in-tab, the spokesperson stresses, “doesn’t equate to lower ratings; however, temporarily higher weights may contribute to more variation during the period of time it takes for these panelists to be back in-tab.” Nielsen Audio is doing an analysis to evaluate panel representation and impact to audience estimates and the company plans to share those results during the week of November 21.

philips-bobCBS Radio Promotes Philips to Chief Revenue Officer. The company’s senior vice president of sales since late last year – Bob Philips – is elevated to CBS Radio‘s newly created role of chief revenue officer. CBS Radio president Andre Fernandez states, “Bob’s extensive radio and sales experience make him ideal to accelerate our efforts as we enter a new phase of the business. His deep understanding of corporate, customer, category, and channelcbs-radio-logo strategies will be instrumental in generating new revenue opportunities and ensuring our ability to deliver top-tier financial results.” Philips opines, “It is an exciting time for the radio industry. We have never had more assets at our disposal to meet our clients’ needs and extend their iconic brands. Our radio stations, digital assets, and events are only the tip of the iceberg.” Philips, who currently serves on the RAB Advisory Board and is an officer for the Maryland-D.C.-Delaware Broadcasters Association, previously was the 15-year market manager of CBS Radio’s four-station Baltimore cluster, which includes adult contemporary WLIF “Today’s 101.9,” hot AC WWMX “Mix 106.5,” and sports outlets WJZ-AM, and WJZ-FM “105.7 The Fan.” He has held leadership positions at Infinity Broadcasting and American Radio Systems.

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SiriusXM Adds Ramsey. Starting next Monday (11/14), SiriusXM subscribers get to hear financial advice via “The Dave Ramsey Show” on Sirius channel 145 and XM channel 207. According to SiriusXM senior vice president of digital, talk and content strategy Jason Schramm, “Dave Ramsey is a huge force in the world of personal money management and a significant addition to SiriusXM. Between his immensely popular program and dave-ramsey-colo-springs-300x196bestselling books, Dave has proven himself a top expert in his field. I am thrilled that he has found a second home at SiriusXM, where our subscribers will now be able to get direct feedback about their own finances.” Ramsey Media vice president Brian Mayfield comments, “We are honored and excited to join the SiriusXM family. We are looking forward to experiencing the future growth of this platform and its audience.” Speaking of Ramsey, he sold out his “Smart Money” event yesterday (Thursday, 11/10) in Colorado Springs, where he promoted the event with his affiliate there, News-Press & Gazette Company‘s KRDO. The station’s general sales manager JoAnne Rowley notes, “A Dave Ramsey live event creates a lot of excitement for our audience, advertisers, staff, and attendees. The synergy is amazing.” Pictured from left to right are Rowley, Ramsey, KRDO program director Mike Lewis, and station talk host Chris Brown. It is estimated that Ramsey’s 2:00 pm – 5:00 pm weekday show is heard by more than 12 million listeners each week.

mlb-logo2kinosianmikePPM Analysis: MLB Flagships. Based on data from Nielsen Audio’s October 2016 PPM survey period, TALKERS managing editor Mike Kinosian unveils his final look this year at the performances of Major League Baseball flagships. In this special feature report, you will find charts listing stations by format and (6+) AHQ share; ratings fluctuations from September 2016 to October 2016; ratings comparisons from October 2015 to October 2016; how MLB key stations ranked in their respective markets; and how they did by league/division. Another component – new to this cycle – is a quick-view chart of each flagship’s performance from the start of the baseball season to the conclusion. See it all here.

kiro-fmKIRO-FM Partners to Provide 300 Beds for Area Children. Joining Bonneville Seattle talker KIRO-FM in the “Beds for Kids Project” are the Seattle Police Department, with the support of the Seattle Police Foundation, and Sleep Train. KIRO-FM afternoon drive (3:00 pm – 7:00 pm) hosts “Ron & Don” have been dedicated advocates for the project since its inception twobeds-for-kids years ago, with Ron Upshaw stating, “I am really excited about this opportunity. The thought of a young person not having a bed just breaks my heart. Think about a six-year-old or seven-year-old kid never sleeping in a bed. This will be the first time they ever have their own bed. That’s a big deal for a kid, so I’m very proud to be a partner of this really great event.” Semi-trucks filled with 300 mattresses, box springs, sheet sets, comforters, and pillows were delivered to the Seattle Police Department yesterday (Thursday, 11/10); all mattresses were donated by The Dream Bed. Selected area families will receive their new beds tomorrow (Saturday, 11/12). Seattle police officers Jeremy Wade and Ryan Gallagher created the “Beds for Kids Project” in 2014. Seattle’s latest (October 2016) Nielsen Audio PPM report finds KIRO-FM finishing second (5.7, 6+) behind Hubbard CHR KQMV (6.9, 6+).

drew-cuthbertsonCuthbertson Appointed Entercom Digital Audience Engagement Manager. Midday personality of Townsquare Media Group alternative KMAX “94.3 The X,” Fort Collins-Greeley (Colorado) Drew Cuthbertson is named Entercom‘s digital audience engagement manager. Vice president of digital audience engagement Kim Reis comments, “I am so excited to have Drew on our corporate team. His organizational and analytical skills, combined with his digital creativity and on-air experience, makeentercom him the perfect candidate. I am sure the local teams will be jazzed by Drew’s energy and positive attitude.” Cuthbertson comments, “For my entire professional life, I have been committed to creating great digital content. I am beyond thrilled to bring my passion to a company like Entercom. There are great things on the horizon for us.” Cuthbertson will use data analytics to find opportunities on social media, websites, mobile, apps, database, podcasts, and streaming players. The Colorado State University grad is the founder and director of DC Vocals and was a sales associate and customer service representative for Babies R Us.

talkersten-logoElection Related Stories Dominate Talkers TenTM for Week of November 7-11.  Naturally, Donald Trump’s victory over Hillary Clinton in the presidential race was the most-talked-about story on news/talk radio during the week, landing atop the Talkers TenTM.  Close behind was the GOP’s keeping control of both the House and the Senate at #2.  At #3 was ongoing talk about Hillary Clinton’s email problems, followed by the push for marijuana law reform in several states at #4.  The Talkers TenTM is a weekly chart of the top stories and people discussed on news/talk radio during the week and is the result of ongoing research from TALKERS magazine.  It is published every Friday at Talkers.com.  View this week’s entire chart here.

barrie-allisonWestwood One, Barrie Begin Tactical Talk. Podcast “Tactical Talk with Allison Barrie” debuts today – Veterans Day (11/11). The counter-terrorism expert/television commentator will feature men and women who have served in the United States military, intelligence, and first responders’ space; Cumulus Media‘s Westwood One is providing ad sales representation. Westwood One president/Cumulus Media executive vice president of corporate marketing  Suzanne Grimes states, “Allison is awestwood-one powerful addition to our podcast and on-demand network. She is an astute civilian insider with unique access to defense information and technology that translates into extremely compelling content. We look forward to the high-level guests and storytelling she will bring to our 245 million listeners and our valued advertising partners.” Barrie comments, “I plan to introduce America to ultimate insiders so my listeners can know what they know. Since the guests are my friends, America will get very real, up close and direct experiences. There will be exclusive content, access and reveals, but also lots of humor, courage, adventure, and a whole lot of fun. Westwood One is such a great fit for this authentic, special content. The host of “Fox Firepower,” Barrie writes the weekly Fox Firepower front-page column at FoxNews.com.

blackstone-audioAudio Book Publisher Seeks Talk Show Content.  Not books per se, but noted audio book publisher Blackstone Audio is looking for alternative content to add to their already impressive library, which includes over 12,000 of the world’s most famous book titles brought to life in the audio book format. They have already taken numerous syndicated radio shows, podcasts, and a series of educational classes on various subjects and made them available to consumers through the nation’s libraries, bookstores, and over a dozen online merchandisers as well as Blackstone’s own site www.downpour.com. They invite hosts, stations and syndicators to look through old show archives, current shows and podcasts – including anything from health to automobiles – for consideration.  The path is open to content not previously believed to be audio book possible. Those interested must provide enough content to have more than one eight- to ten-hour volume and no music, unless owned by the contributor.  Blackstone pays a favorable royalty for all sales.  For more information, phone Blackstone Audio representative Larry Harris at 360-809-0224 or email him at talkharris@olypen.com.


thank-youOdds & Sods
. Today’s (Friday, 11/11) “Operation Thank You” on Emmis talker KLBJ-AM, Austin will benefit the Fisher House at Carl R. Darnell Army Medical Center at Fort Hood. The drive will feature remote broadcasts by station personalities Todd Jeffries & Don Pryor (“Todd & Don”), Mark Caesar, Charlie Hodge, Jeff Ward, and Ed Clements ….. Starting next Monday (11/14), Jason Hillery takes on added duties as operations manager for Midwest Communications’ stations in Northeast Wisconsin, which include Green Bay mainstream CHR WIXX willobee“Your #1 Hit Music Station” and Neenah-Menasha country outlet WNCY “Y-100.” Already programming Appleton country station WGEE “Duke FM,” Neenah-Menasha adult hits WYDR “Jack FM,” and sports WNFL, Hillery will program talk WTAQ, as well ….. Owing to the fact his director of broadcast operations position has been eliminated, Willobee will depart Shamrock Communications Reno (Nevada) in three weeks (12/2). Willobee joined the Shamrock Reno cluster seven years ago. He previously spent five years as operations manager/program director of WEQX, Albany, New York.

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TagStation Names Burney National Sales Director. National account executive of iHeartMedia Detroit Mary Burney joins TagStation LLC, the parent of NextRadio, as national sales director. NextRadio vice president of sales Tom Doran comments, “Mary is a perfect fit for this position because she understands broadcast radio consumption, and national advertisers’ need for real time campaign performance. Mary is known for establishing relationships with key decision-makers at national brands and their agencies. The new position of national sales director comes as we are seeing rapid growth in demand for our campaign data. NextRadio data brings detailed insights to advertising campaign effectiveness, helping brands make data-driven decisions about radio buys. Among many others, AllState, Disney, The Home Depot, and Starwood Hotels’ Aloft brands have used NextRadio data to measure audience exposure, lift, demographic reach, and other metrics.” Prior to iHeartMedia, Burney was an account executive with Windsor, Ontario’s Bell Media Radio. She also worked at Clear Channel radio sales; Radio One Detroit; and Interep National Radio Sales.

westwood-one-nfl“Stable” Audiences for NFL National Radio Broadcasts. The network radio partner for the National Football League, Cumulus Media‘s Westwood One, analyzed ratings for the first 13 games in each PPM local market where a national broadcast aired. It found adult 25-54 AQH radio ratings for 13 national primetime NFL games that aired during the September 8 – October 5 PPM survey period are down on average 3.5% compared to corresponding broadcasts a year ago. Factoring out the September 26 national NFL broadcast that ran opposite the first presidential debate, however, the 12-game average NFL radio rating change on Westwood One was -1.3%. According to Nielsen, almost as many people have tuned into NFL games on television this season as last season. A Westwood spokesperson writes, “Time spent watching the NFL on TV might be off due to the election coverage, but the NFL continues to be America’s most powerful media property. Recent radio ratings further showcase the power of NFL programming for advertisers to engage fans. The NFL on Westwood One provides incremental reach and enhanced campaign frequency to TV campaigns.”

harrisonupclosefaroutsmallAd Man Dave Marinaccio Is This Week’s Guest on Harrison Podcast.  Noted advertising executive and innovator Dave Marinaccio is this week’s guest on the award-winning PodcastOne hit series, “Up Close and Far Out with Michael Harrison.”  Marinaccio, a 30-plus year veteran of the advertising industry, is the co-founder and creative director of the Arlington, Virginia-based agency LMO Advertising and has been the artistic force behind numerous marketing campaigns for major, household-name companies and product brandsmarinacciodave including restaurants, hotels, rental cars, transportation services, and branches of the military, among others.  He is also a best-selling author, whose most recent book is Admen, Mad Men, and the Real World of Advertising: Essential Lessons for Business and Life (Arcade, 2015).  Marinaccio also wrote All I Really Need to Know I Learned from Watching Star Trek (Harmony 1995).  Harrison and Marinaccio discuss changes in advertising techniques and challenges that have occurred during the transition from the analogue era to the digital age including the cultural differences between Boomers and Millennials, the role of music in advertising, the nature of creativity and much more.  And, yes, they also talk a bit about Star Trek and Gene Roddenberry’s vision of the future.  To listen to the podcast in its entirety, please click here or click on the “Up Close and Far Out” player box located in the right-hand column on every page of Talkers.com and RadioInfo.com.

Monday, March 12, 2012

| March 12, 2012

Controversy and Misinformation of Radio Advertising Keeps Rush Limbaugh in the News; Host Reportedly Refuses to Take Back Advertiser.  The consumer media continues to hang onto the Rush LimbaughSandra Fluke issue with numerous stories and segments being published and produced over the weekend about the extent to which the controversy may be hurting advertising on Premiere Networks’ Rush Limbaugh show as well as a wider swath of conservative talk radio.  In addition to the fluctuating count of advertisers that may or may not have left the Limbaugh program (depending on whether or not they actually advertised on the show in the first place as many reports cite firms that did not), outlets such as New York Magazine and The Daily Beast are writing about a memo from Premiere to affiliate stations detailing 98 companies that don’t want their goods or services advertised on controversial programming.  The memo gives examples of hosts including Mark Levin, Rush Limbaugh, Tom Leykis (shows how old that memo is), Michael Savage, Glenn Beck and Sean HannityTALKERS has pointed out to countless consumer media that have contacted our offices regarding this issue that “no controversial programming” dictates are common and practically as old as talk radio itself and not a unique reaction to the Limbaugh case – although certainly reiterated as a result of it.  TALKERS has also pointed out that monitoring a station’s internet feed does not reflect the same commercial content as the air feed since union regulations affect the degree to which union talent-voiced spots can air on the web.  Meanwhile, the Sacramento Bee is reporting Rush Limbaugh is refusing to take retailer Sleep Train back as an advertiser.  The story cites Limbaugh spokesman Brian Glicklich stating the company sought to return to the Limbaugh show and the program replied to the Sacramento-based mattress retailer, “Rush received your requests personally.  Unfortunately, your public comments were not well received by our audience, and did not accurately portray either Rush Limbaugh’s character or the intent of his remarks.  Thus, we regret to inform you that Rush will be unable to endorse Sleep Train in the future.  Rush appreciates your long friendship and your past support, and we wish you good luck in the future.”

Celebrity-Founded Women’s Media Center Piles on Rush Limbaugh.  The organization co-founded by Gloria Steinem, Jane Fonda and Robin Morgan is using the Rush Limbaugh controversy to call to arms like-minded activists to petition the FCC to take Limbaugh off the air.  In an op-ed piece on CNN.com, the group reasons that Limbaugh – through his language and political opinions – is a purveyor of “hate speech” and therefore is not acting in the public interest.  The group is suggesting the stations whose licenses are up for renewal that carry Limbaugh’s program are not serving the “public interest” and need either pull the show or not have their licenses renewed.  The group states in the piece, “This isn’t political.  While we disagree with Limbaugh’s politics, what’s at stake is the fallout of a society tolerating toxic, hate-inciting speech.  For 20 years, Limbaugh has hidden behind the First Amendment, or else claimed he’s really “doing humor” or “entertainment.”  He is indeed constitutionally entitled to his opinions, but he is not constitutionally entitled to the people’s airways.”  It’s hard to tell what the motive here is – beyond polemicizing – since the FCC does not deal with issues of content in this way during the license renewal process.

Special Interest Group Intent on Hounding KFI, Los Angeles; Picks on Bill Handel’s Comment.  Time will tell if the latest salvo from the Los Angeles-based Black Media Alliance sticks to Clear Channel’s KFI, Los Angeles or ricochets back to harm the goals of the very organization that fired it.  What’s for certain is the Black Media Alliance is taking a page from other special interest media “watchdog” groups and is recording every minute of KFI’s broadcasts and, when it hears something it doesn’t like, is firing off press releases and hoping for some traction.  It used a March 9 broadcast from the Bill Handel show for this purpose.  During a segment in which Handel comments on the news of the day with Gary Hoffman and Neil Saavedra, the topic of a California bill that would allow nurse practitioners to perform aspiration abortions came up.  Handel commented on a law in Kansas where doctors are required to have the women see sonograms prior to having an abortion and offered his opinion that those who don’t already understand the procedure are “dumb-ass women.”  BMA is using this comment to imply Handel has attacked all women.  Listen to the segment here.  There are numerous issues at play here but TALKERS will address the primary ones.  The tenor of Bill Handel’s program hasn’t changed and presumably his advertisers know what they’re buying.  If an advertiser boycott of Handel’s program is what the BMA seeks, it may find the going tougher for Handel’s Southern California show than national groups are for the Rush Limbaugh controversy.  That’s generally the way these cases work.  Handel broke no FCC rules and we believe it’s unlikely he or KFI will apologize – so far neither has.  During the discussion, you can hear both sides of the issue being debated by the air talent.  This is exactly the kind of public debate of important issues Supreme Court rulings, such as New York Times v. Sullivan, protects and which the Court admits could be controversial.  Justice Brennan even wrote of the “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.”  The most important issue for the BMA is whether this tactic will cause it to be perceived by the public as nitpicking and a pest instead of being seen as an organization with goals of diversity and fairness.

Salem Communications’ WNYM, New York Rebrands as “The Answer.”  The New York news/talk outlet formerly known as “The Apple” hits the air today with an altered programming schedule and the new handle, “The Answer.”  Salem Communications VP and director of the spoken word format Phil Boyce states, “The new name will more accurately reflect who we are and what the benefit is to listening to us.  ‘The Answer’ just popped into my head my first week here, and I couldn’t stop thinking about it.  We are the answer to so many questions, from ‘what happened while you slept?’ to ‘is it gonna rain?’ to ‘why am I stuck in traffic?’”  The company notes the new station lineup is as follows: Salem Radio Network syndicated Bill Bennett‘s “Morning in America” from 5:00 am to 7:00 am, local host Curtis Sliwa from 7:00 am to 10:00 am, Dial Global’s Dennis Miller from 10:00 am to 12:00 noon, SRN’s Dennis Prager from 12:00 noon to 3:00 pm, SRN’s Michael Medved from 3:00 pm to 5:00 pm; Curtis and attorney Jeffrey Lichtman from 5:00 pm to 7:00 pm; and SRN’s Hugh Hewitt from 7:00 pm to 10:00 pm.  Boyce says new imaging will create a hip, younger sound for the station, heavy on a New York-style attitude.  “New Yorkers are slightly jaded and a little sarcastic, so we wanted the sound of our station to reflect the city we serve.”  In describing his collaboration with voiceover talent Lonnie Perkins, Boyce gushed, “I told him to sound like that ‘Mayhem Man’ commercial for Allstate Insurance.” The new imaging includes new top of hour ID’s, promos, and show opens.  Boyce wanted to re-arrange the lineup to “put the pieces of the jigsaw puzzle” together in the right order.

Heidi Harris Exits KDWN.  Word from Las Vegas is that KDWN, Las Vegas morning talk show host Heidi Harris has exited her position at the Beasley Broadcasting-owned news/talker.  Sources inside the station tell TALKERS that the relationship between Harris and KDWN management had been strained for some time now and finally reached the breaking point.  Heidi Harris, a multi-repeat member of the TALKERS Heavy Hundred is considered by industry observers to be a rising star.  The conservative host has been a regular contributor and guest on the progressive Ed Schultz Show on MSNBC and speaker at the New Media Seminar.  Harris has not responded to e-mail requests by TALKERS for comment and confirmation but her presence on the KDWN website has been removed.  More details as they are available.

WMAL, Washington Re-Positions AM Drive Show; Mary Katherine Ham Exits.  The former “Morning Majority” AM drive show at Cumulus Media’s WMAL-AM/FM, Washington is now “Mornings on the Mall” with Brian Wilson and Bryan Nehman as Mary Katherine Ham – who joined WMAL last summer – leaves the program.  Ham wrote on her blog earlier this week,It has been a pleasure to work with Bryan Nehman and Brian Wilson – two consummate broadcast professionals who generously taught this n00b as much as they could.  And, though I’m new to radio, it’d be hard to imagine a producer more capable than our executive producer Heather Smith, who I remain convinced does not require sleep (in an industrious way, not a vampire way).  The folks at the company had a vision for a different, independent role for me at the station, but we just weren’t able to come to an agreement that would make it work, so I’m off to do my other jobs.  I’m constantly thankful I have the freedom to make decisions like that, and realize it’s a tremendous blessing to have such options.”  Ham is an analyst at Fox News Channel and is a contributing writer for The Daily Caller.

Firesign Theater Founder Peter Bergman Dies.  One of the founders of the radio comedy show Firesign Theater has died at age 72 after a battle with Leukemia.  Peter Bergman and three fellow comedians — Phillip Proctor, David Ossman and Phil Austin – created the radio program that spawned four must-have comedy albums (released between 1968 and 1972) for college-age hippies of the time.  Bergman was hosting a late-night talk show on Pacifica’s KPFK, Los Angeles when he started the Firesign Theater program.  Bergman revived the Firesign Theater show on the internet in 2010.

Salem Radio Network Correspondent Dan Hackel Passes Away.  Longtime news pro Dan Hackel died in Israel over the weekend after a battle with cancer.  He had been Salem Radio Network’s primary correspondent in Israel for the past four years.  Hackel was a founding anchor for CNN International and a frequent anchor on Headline News.  He served as Washington correspondent covering the White House for ABC News, and he reported on the U. S. Congress for the Mutual Broadcasting System.

TRN’s and WGST, Atlanta’s Rusty Humphries Named Kentucky Colonel.  Kentucky colonel is the highest title of honor bestowed by the Commonwealth of Kentucky.  Commissions for Kentucky colonels are given by the governor and the secretary of state to individuals in recognition of noteworthy accomplishments and outstanding service to a community, state or the nation.  Other notable Colonels include Bob Hope, Pope John Paul II, Winston Churchill and of course Col. Sanders. Pictured with Colonel Rusty Humphries is Melissa Forrest, president and market manager of Clear Channel Atlanta where Humphries works at news/talk WGST.

Monday, March 5, 2012

| March 5, 2012

Limbaugh Clarifies Controversial Remarks and Apologizes to Sandra Fluke.  Facing mounting critical and advertiser pressure in the aftermath of his harsh commentary about law student Sandra Fluke and her testimony before Congress about birth control (see Friday’s story below), Premiere Networks host Rush Limbaugh has issued the following statement and apology on Saturday evening: “For over 20 years, I have illustrated the absurd with absurdity, three hours a day, five days a week.  In this instance, I chose the wrong words in my analogy of the situation.  I did not mean a personal attack on Ms. Fluke.  I think it is absolutely absurd that during these very serious political times, we are discussing personal sexual recreational activities before members of Congress.  I personally do not agree that American citizens should pay for these social activities.  What happened to personal responsibility and accountability?  Where do we draw the line?  If this is accepted as the norm, what will follow? Will we be debating if taxpayers should pay for new sneakers for all students that are interested in running to keep fit?  In my monologue, I posited that it is not our business whatsoever to know what is going on in anyone’s bedroom nor do I think it is a topic that should reach a presidential level.  My choice of words was not the best, and in the attempt to be humorous, I created a national stir.  I sincerely apologize to Ms. Fluke for the insulting word choices.”  There has been no official word from Premiere Networks on advertisers leaving Limbaugh’s program but numerous media reports are indicating that advertisers Sleep Train, Select Comfort, ProFlowers, Quicken Loans, Citrix Systems, Carbonite and Legal Zoom have pulled their ads from the program.  NBC News is reporting an e-mail from Select Comfort spokeswoman Gabby Nelson states, “Due to recent commentary by Rush Limbaugh that does not align with our values, we’ve made the decision to immediately suspend all advertising on that program.”  According to ABC News, ProFlowers said Sunday on its Facebook page that it has suspended advertising on Limbaugh’s program because his comments about Georgetown University student Sandra Fluke “went beyond political discourse to a personal attack and do not reflect our values as a company.”

Threat of Lawsuit Against Limbaugh Raises Legal Questions for Broadcasters.  With Rush Limbaugh’s apology to Sandra Fluke in the rear view mirror, Fluke has told the consumer press she is entertaining the idea of suing Limbaugh for his words against her.  Those citizens sympathetic to Fluke (and Democratic politicians willing to use the assault on Fluke as a sort of symbol for all that is wrong with talk media) would like to see a Fluke suit succeed.  But TALKERS legal editor Steven J.J. Weisman says a case against Limbaugh is a bit murky due to Fluke’s status in the public eye.  Weisman reminds us that the Supreme Court has protected journalists commenting on matters of public concern.  “Since the landmark case of New York Times v. Sullivan, it has been recognized that public officials could not successfully sue for defamation unless it could be proven that the journalist acted with actual malice – that is that he or she was aware that what he or she was saying was a lie, or a reckless disregard for the truth.”  In that decision Justice Brennan even wrote there is a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials.”  But Sandra Fluke is not a public official, is she?  No, but Weisman says, “The Supreme Court has refined the standard to make distinctions between involuntary public figures – those who are always public figures – and people such as Sandra Fluke who are public figures on specific issues.  As a limited-purpose public figure, Sandra Fluke has, by testifying, put herself into a position where she can be criticized and commented upon in regard to her stated positions with journalists feeling secure that they can make mistakes in commenting about her testimony without legal liability.”  But Weisman says that doesn’t necessarily mean clear sailing for Limbaugh should Fluke proceed with legal action.  “The extent of Limbaugh’s comments could be considered, however, to be beyond the permissible when dealing with a limited-purpose public figure.  Alternatively, it also could be considered that Limbaugh’s comments could be considered to be indefensible even using the lower standard presented by the malice test because his comments could be interpreted as having been made with malice – that is he knew they were false – or made with a reckless disregard for the truth.  Thus there may be some significant liability on Limbaugh’s part in regard to libelous comments that he made about Fluke.  Limbaugh may argue that his actions were not to be considered as literal and that they were merely hyperbole.  He may also argue in his defense that no one would believe what he said to be accurate which might be a fascinating defense that could ultimately hurt him overall more than losing a defamation claim.”

Accurate Analysis of Talk Media Necessary Before Piling on Conservative Commentators.  Consumers – and to some extent industry insiders – have been more than willing to condemn conservative commentators such as Rush Limbaugh (and KFI, Los Angeles’ John Kobylt and Ken Chiampou on the regional level) for language that some may say is, at the very least, not civil.  But columnist, Fox News Channel analyst and former Clinton Administration official Kirsten Powers writes that liberals may need to clean up their own house before judging Rush Limbaugh.  In her piece, “Rush Limbaugh Isn’t the Only Media Misogynist” published by the Daily Beast, Powers calls it a “war on women” and states, “Chris Matthews, Keith Olbermann, Bill Maher, Matt Taibbi, and Ed Schultz have been waging it for years with their misogynist outbursts.”  In the piece, Powers illustrates that liberal political and social commentators have made very similar comments as Rush Limbaugh without liberal groups batting an eye at their transgressions.  Powers writes about Bill Maher, “But the grand pooh-bah of media misogyny is without a doubt Bill Maher – who also happens to be a favorite of liberals – who has given $1 million to President Obama’s super PAC.  Maher has called Palin a ‘dumb twat’ and dropped the C-word in describing the former Alaska governor.”  This raises several interesting points.  First, yes, Sarah Palin is a politician and not an innocent 30-year-old law student.  See TALKERS legal editor Steven J.J. Weisman’s analysis of that in the piece above.  Second, many see what Bill Maher and Rush Limbaugh do for a living as very different.  But that’s really not so.  Both are entertainers who comment on social and political issues.  It’s true that Maher operates on pay cable and Limbaugh on free, over-the-air radio, but there have been no FCC regulations violated in this case so that comparison is moot.  Ultimately what’s very possible the entertainment industry – of which talk media is a part – is seeing is a groundswell of public support for a more civil tone in the nation’s public discourse, even when that discourse comes to them through the vehicle of entertainment.

KFI’s John and Ken to Undergo Cultural Sensitivity Training.  Clear Channel Media and Entertainment’s KFI, Los Angeles issued a “Memorandum to the Los Angeles Community” in the wake of the John and Ken-Whitney Houston episode that cost the duo a seven-day suspension.  The seven-point memo signed by market manager Greg Ashlock, program director Robin Bertolucci and marketing director Neil Saavedra includes assurance that John Koblyt, Ken Chiampou and “key staff and management” will “participate in cultural sensitivity training furthering their awareness of the cultural melting pot that is Southern California.”

Emmis to Make Case to Avoid Delisting.  Six months ago Emmis Communications received notice from the Nasdaq Stock Market LLC its stock had to regain compliance with the $1 minimum bid rule in order to continue to be traded on the market.  In a Friday SEC filing, Emmis stated, “The Company has requested a hearing before the Panel, which will stay any delisting action in connection with the Staff Determination and allow the continued listing of the Company’s Class A Common Stock on The Nasdaq Global Select Market until the Panel renders a decision subsequent to the hearing.  At the hearing, the Company intends to present a plan to regain compliance with the Rule and request that the Panel allow the Company additional time within which to regain compliance.  While the Company believes that it will be able to present a viable plan to regain compliance, there can be no assurance that the Panel will grant the Company’s request for continued listing on The Nasdaq Global Select Market, or that the Company’s plans to exercise diligent efforts to maintain the listing of its securities on Nasdaq will be successful.”  That chance to plead its case could come by tomorrow.

Radio Pro Paul Barsky Joins WFTL, Ft. Lauderdale for PM Drive.  Paul Barsky has worked extensively in the Philadelphia market at music outlets WMMR-FM, WYSP-FM and WPLY-FM and in other markets as well.  Now he’s holding down the PM drive shift at James Crystal’s WFTL, Ft. Lauderdale following lead-in talk star Joyce Kaufman.

WGN, Chicago Whittles “Cubs Song” Entries Down to Three.  Tribune’s WGN, Chicago is holding a contest for the “next great Cubs song” to be played before each broadcast of Chicago Cubs play-by-play on the station.  It solicited more than 300 entries since the contest was announced and has winnowed that down to the final three: “Cubs Win” by 17 Candle, “Let’s Go Cubbies” by The Fold, and “Rockin’ Right at Wrigley” by Derrick Procell.  Now it’s up to voters to hit the WGN website to vote on their favorite.  The winner will be announced by AM drive host Jonathon Brandmeier on March 16 and the song will be played live during Brandmeier’s Opening Day broadcast on April 5 from the Captain Morgan Club at Wrigley Field.