Friday's Radio & Media News - August 9, 2013

Arbitron Sues LM Communications for Unauthorized Ratings Use Arbitron has filed a lawsuit against LM Communications for alleged unauthorized use of its ratings and audience data in Charleston, South Carolina. Arbitron has previously filed similar suits against Saga Communications and Renda Broadcasting. According to the latest suit, LM used its ratings information for the Charleston market -- where LM Communications, headed by founder, President and CEO Lynn Martin, operates Triple-A "The Bridge 105.5" WCOO-FM. LM only subscribes to Arbitron ratings for the Lexington Kentucky market, where it operates "B92" WBVX-FM, "Hank 96.1" WLXO-FM, "96.9 Kiss FM" WGKS-FM, "Your 106.3" WCDA-FM, "107.9 The Beat" WBTF-FM, and "ESPN Sports Radio 1300" WLXG-AM. In a complaint filed in U.S. District Court in Kentucky, Arbitron claims that LM copied, distributed and used its copyrighted data for Charleston between the spring of 2009 and May of this year. Arbitron says LM Communications acquired the Charleston information from "various sources" including at least "one or more industry consultants." The suit claims Martin, and other members of the company's management, had specifically asked to "illicitly" obtain the data. Arbitron is seeking at least $725,000 from LM, as well as attorney fees. That $725,000 includes $150,000 per infringing act, and $500,000 for requesting an Arbitron licensee to obtain ratings for them, and $75,000 for unjust enrichment. LM, which also operates four radio stations in West Virginia, describes itself as "a multimedia company specializing in on-demand entertainment and premier service opportunities for our listeners and advertisers through radio, television and digital programming platforms." Saga Responds to Arbitron Ratings Infringement Suit Saga Communications has now responded to Arbitron's lawsuit against them, which claims improper use of ratings data. Arbiton filed its suit against Saga in May, claiming that Saga's Milwaukee cluster, which operates as the subsidiary Lakefront Communications, used copyrighted audience estimates from approximately September of 2010 until 2012. In court documents filed this week, Saga claims that Arbitron's recent lawsuits against broadcasters over their data are being used "to intimidate and harass radio stations" that have canceled their subscriptions to the company's ratings services. Saga also claims that Arbitron does not have copyright protection for its information, and says the suit is "an improper and illegitimate effort to maintain its near-monopoly on radio ratings, and to maintain the exorbitant prices it charges for its reports" Saga says in its filing that Arbitron "has long known, or should have known, that it has no copyright protection for facts, information, data or numerical rankings and that it has no right to prohibit a radio station from using that information or from possessing a copy of its reports. Nevertheless, in an improper and illegitimate effort to maintain its near-monopoly on radio ratings, and to maintain the exorbitant prices it charges for its reports, Plaintiff embarked on a campaign to intimidate and harass radio stations that have the temerity to cancel their subscriptions to Arbitron reports." WMGC-FM/Detroit to Flip to Sports Talk Next Week MHBC hears "reliable rumors" (like when a major political figure reveals something not knowing there's a live microphone picking it up) that Greater Media Boston will officially flip AC "Today's 105.1" WMGC-FM to its new Sports Talk format next week. We're expecting an official announcement Monday morning (August 12) at a news conference. Sources inside the Greater Media Boston cluster say the new station will be branded as "Detroit Sports 105.1" -- without ESPN Radio in the name, although it will be an ESPN Radio affiliate. The flip will not come as a surprise to anyone, after months of "insider" reports that it was coming and that new staffers were already being brought on board or actively sought. Also, the domain "DetroitSports1051.com" (currently "parked" at Go Daddy) is awaiting activation. Our sources tell us that following the Monday morning official announcement, the new format will begin at 3pm with the station's one initial local host's debut show, as former WRIF-FM morning host Drew Lane takes to the air. The rest of the station’s programming at first is expected to come from ESPN Radio, although the new competitor to three existing Sports Talk stations in the market is said to still be working on bringing in some former or current hosts from one or more of those stations. We do know for sure that Jason Dixon has been hired as Program Director for the new WMGC-FM format. Dixon most recently was Operations Manager and Program Director of "99.9 The Fan" WCMC-FM, Raleigh. Last month, we reported that ESPN Radio VP of Communications Diane Lamb confirmed reports that the network was ending its deal with Detroit's WCAR-AM, saying the network was "currently in the process of securing a new ESPN affiliate in Detroit." Birach Holdings' WCAR-AM is now "NBC Sports Radio 1090" after losing ESPN. There have also been reports that some hosts from CBS Radio's "97.1 The Ticket" WXYT-FM were set to move over to a new Greater Media competitor, but as of now we're hearing no deals have actually been made. The other format competitor is WDFN-AM, a Fox Sports Radio affiliate. WMGC-FM is one of three Greater Media stations in Detroit, along with Active Rock WRIF-FM and Classic Rock WCSX-FM. Los Angeles' KYSR-FM Rebrands as 'ALT 98.7' Clear Channel Alternative KYSR-FM, Los Angeles, has a new identity as "ALT 98.7" that matches its format, replacing the ambiguous "98.7 FM" that had been in use since the station evolved from Modern AC to Alternative. Despite adding a three-hour commercial-free block from 9am-12noon, KYSR-FM still trails CBS Radio’s KROQ-FM in the market's ratings. However, 98.7 FM has risen in the ratings with Alternative, compared to when it was Modern AC. The format change was mainly to enable it to compete with KROQ-FM. It is Clear Channel's largest station with an Alternative Rock format, since 2008 when KYSR-FM adopted its current format. KYSR-FM is also simulcast on KSRY-FM, Tehachapi, California. Ithaca's '98.7 The Vine' to Become '96.7 The Vine' Saga's Cayuga Radio Group Ithaca, NY, Triple-A "98.7 The Vine" on FM translator W254BF, via WYXL-FM's HD3 multicast channel, is moving to 96.7 FM, Monday, for increased coverage. "96.7 The Vine" will air on the more powerful W244CZ. "The Vine" will go from a 35 watt signal to one with 250 watts. The station will continue to originate via 97.3 HD3. "This station is truly unique to Ithaca. The improved signal will only increase our audience," says VP and General Manager Chet Osadchey. "We're finally able to give the people what they've been asking for -- a better sounding Vine," says Brand Manager Aaron Terkel. "It's exciting to bring higher quality audio to a music lover's station-a true audiophile format. John Prine's vocal nuances and Kings of Leon guitar solos will pop out of the speakers." The new translator signal was obtained by Saga from Calvary Chapel of The Finger Lakes for $60,000 in May (when it was still a CP). Spotify CEO Daniel Ek: Artists Are Getting It Wrong Spotify CEO and co-founder Daniel Ek, responding to the recent complaints from recording artists says he's "not surprised" but "saddened" by them. Ek didn't specifically mention well-publicized critiques by Radiohead frontman Thom Yorke and the group's producer Nigel Godrich, most believe Ek was indeed responding to them. He says that the move from physical music to digital "is the single-biggest shift in the industry since the invention of the recording. We're selling access, not ownership; that's something very, very different. And, you know, the focus of the artist ought to be how you maximize the number of streams, because that, in turn, will be better long-term for you," says Ek in an interview with the Wall Street Journal. Ek says he believes artists are confusing the math on streaming with downloading. "All they see is millions of streams, and they see, you know, not millions of dollars in the end, but thousands of dollars, and they think that a million streams is comparable to a million downloads, which it obviously isn't. Sure, you're going to stream that Rihanna song five or 10 times, but you're also going to listen to David Bowie's entire back catalog, which you might not have gone out and purchased. Those are two very, very different behaviors." When asked about Spotify's losses, Ek told WSJ, "The focus hasn't really been about when we're going to show profitability. I think a lot of people just look at the financials and say: 'Oh wow, losses, that's really, really bad.' That's not at all how we see it, we see that we've actually now proved our business model. The difference between what we pay out in royalties and what we actually take in in revenue is increasing, which is positive. [And] we believe that fundamentally this is a huge market. Who on this planet doesn't like music? What we find is as [people] try out Spotify, above 20% actually decide that they want to pay for the service, which is astounding." NYT: Copyright Lawsuit Targets Cover Songs on YouTube A group of music publishers is suing Fullscreen, one of the largest suppliers of videos to YouTube, saying that many of Fullscreen’s videos -- particularly cover versions of popular songs -- infringe on the publishers’ copyrights, according to the New York Times. Fullscreen is one of the largest of the so-called multichannel networks. According to Fullscreen, the 15,000 channels the company represents have a total of 200 million subscribers and draw more than 2.5 billion views each month. "Among the most popular videos on YouTube are cover versions of popular songs, often by amateurs or semiprofessionals who have built a following online," reports NYT. But according to the suit, filed in U.S. District Court in Manhattan "by groups represented by the National Music Publishers’ Association, most of these lack the proper licenses and do not pay publishers and songwriters the royalties earned from ad revenue. (Publishers represent the music and lyrics underlying songs, not recordings of them, which are covered by a separate copyright.)" According to the suit, Fullscreen and its founder, George Strompolos, who is named as a defendant, “have willfully ignored their obligation to obtain licenses and pay royalties to exploit the vast majority of the musical content disseminated over Fullscreen’s networks.” A spokeswoman for Fullscreen declined to comment. The publishers represented in the suit include Warner/Chappell Music, which is owned by the Warner Music Group and is one of the biggest publishers, along with several independents like Songs Music Publishing and Peermusic. An exhibit submitted with the suit lists dozens of songs that Fullscreen is accused of using without proper licenses. SiriusXM and beIN SPORT Team for 'World Class Soccer' SiriusXM Radio and beIN SPORT announce that beIN SPORT's live English-language play-by-play of "the best soccer leagues in the world" – including Spain's La Liga, Italy's Serie A and France's Ligue 1 -- will be available to SiriusXM subscribers nationwide on SiriusXM's dedicated soccer channel, SiriusXM FC, channel 94, and other SiriusXM play-by-play channels. "Each week, listeners will hear multiple La Liga matches, including all matches featuring Real Madrid and Barcelona, multiple Serie A and Ligue 1 matches, as well as select matches from the Copa del Rey tournament and select World Cup qualifiers for CONMEBOL South American teams. The SiriusXM FC channel is available to subscribers on all satellite radios, through the SiriusXM Internet Radio App and online at SiriusXM.com," says the satcaster in a news release. And we're told that SiriusXM will also "broadcast Spanish-language beIN SPORT en Espanol on SiriusXM channel 158, starting August 15. This programming will include live play-by-play of La Liga, Serie A, Copa del Rey and World Cup qualifying matches, exclusive club shows from Barca TV and Real Madrid TV as well as the network's most popular news and magazine shows including The Locker Room and The Express as well as top international sports including Million Dollar horse racing from Dubai, European basketball and cycling and motorsports, like the FIM Superbike Championships. beIN SPORT en Espanol (SiriusXM channel 158) will be available to subscribers on satellite radios, through the SiriusXM Internet Radio App and online at SiriusXM.com." Says SiriusXM SVP of Sports Programming Steve Cohen, "We're thrilled to work with beIN SPORT to deliver our subscribers more of the world's best soccer and we're particularly pleased to make this programming available to our listeners in both English and Spanish. The addition of La Liga, Serie A and Ligue 1 play-by-play further enhances our already abundant soccer programming and gives our listeners direct access to the world's game through their satellite radios, handheld devices and online." Where's Sean Hannity Going? (On TV, Not Radio) First came reports that Megyn Kelly is moving from daytime to Sean Hannity's timeslot (9pm ET) at Fox News Channel. Now there's an official response (of sorts) from CEO Roger Ailes. But he neither confirms nor denies those reports, saying only that Fox News Channel has a new deal with Hannity as well as two other hosts. Ailes adds that "all of our stars will be back," quashing rumors that Hannity might be out. However, if Kelly takes the 9pm ET slot, the question becomes whether Hannity will be moving to another time or sharing co-hosting duties with Kelly. There's now some speculation that primetime programming will be juggled with "The O'Reilly Factor" (Bill O'Reilly) being bumped, since Ailes confirms Greta Van Susteren along with Hannity. FCC Sets LPFM Webinars The FCC will hold two webinars to answer questions about Low Power FM (LPFM), and the process for applying for a new LPFM license during the October 15-29, 2013 open filing window. The Commission says that LPFM service was established in 2000 to create opportunities for new voices to be heard on the radio. The first webinar will be held August 20 from 1-2:30pm. Areas that will be covered include: an overview of the low power radio service, how to use the Commission's LPFM Channel Finder, instructions on creating a CDBS account and how to fill out the application (Form 318), among others. Details on the second webinar, to be held in early October, will be provided in a later announcement. The webinars will be available live on the Internet at at www.fcc.gov/live. Presentations will be available both during and after the sessions at www.fcc.gov/event as well as at fcc.gov/events/webinars-low-power-fm-radio. Participants can submit questions by email during the webinars to lpfm@fcc.gov or by Twitter using the hashtag, #LPFMquestions. Behind the Microphone: The Ins and Outs of Radio Jenny Lee is named afternoon host at AC "Magic 105.3" KSMG-FM, San Antonio. A native of Chicago, Lee most recently was on air in Madison, Wisconsin ... Country WJVL-FM, Janesville, Wisconsin, Assistant PD and afternoon host Rob West is promoted to Program Director, replacing Ken Scott, who will now concentrate on VP/GM duties at co-owned Country WBWL-FM, West Bend, Wisconsin. Scott will also continue to host 2-7pm ... Soft AC "Seaview 104.9" WCVU-FM, Fort Myers-Naples, Florida, adds veteran air talent Chuck Britton to its morning show ... Country "K-Law 101" KLAW-FM, Lawton, Oklahoma, ups morning personality Jeri Anderson to Brand Manager, effective August 15, replacing Frank Seres, who left the Townsquare Media station in June after nearly three years with the company ... The latest so-called "Clear Channel Bloodbath" continues. Among the latest reported victims are Talk KTOK-AM, Oklahoma City, morning host Reid Mullins, out after eight years, and News Talk WIOD-AM, Miami, longtime News Director and on-air anchor Lori Shepard ... Scott Laudani exits Shamrock Communications Wilkes Barre-Scranton, Pennsylvania, where he was Program Director of Classic Rock WEZX-FM, Alternative WFUZ-FM and Sports Talk WJEL-FM ... Lindsay Aerts is named midday host at Hot AC KBEE-FM, Salt Lake City, moving from Active Rock clustermate KHTB-FM ... Randy Galloway is retiring from afternoon host at "ESPN Dallas 103.3" KESN-FM at the end of this year when his current contract ends. He says there's no connection on that decision, which has been under consideration for many months, with the news that Cumulus Media will be taking over operation of KESN-FM under an LMA.