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Nielsen to Divest Arbitron 'Project Blueprint' Interest 
As part of the agreement for FTC approval of its $1.3 billion acquisition of Arbitron, Nielsen will divest a key component of its PPM technology that's been part of the "Project Blueprint" cross-platform audience measurement system being developed by Arbitron and comScore for ESPN. Yesterday (Sept. 23), Nielsen offered investors an "Arbitron Acquision Update" during a conference call. Nielsen will not effectively enter into a joint venture with comScore on that project, as previously planned by Arbitron, but will license the technology to comScore for a period up to eight years, and comScore would use it to develop its own service. The agreement with the FTC asks Nielsen to find a third party Licensee acceptable to the FTC (comScore, if chosen, has already been approved) to sign a "Remedial Agreement" for the continued provision of Arbitron services involved in the Project Blueprint cross-platform project developed by Arbitron, ESPN and comScore last year, and delivering a cross-platform view of ESPN content. Former Arbitron employee Jay Guyther is appointed as Monitor of this condition, overseeing Nielsen’s compliance. The Arbitron services in question must be made available for the project for a period of eight years. If Nielsen fails to find a Licensee within three months, the FTC may appoint a Trustee to find one sometime in the following nine months. The services Arbitron must continue to provide are radio and TV PPM data, and data from the Calibration Panel, a subset of 2,000 PPM panelists who have downloaded comScore’s online meter and provide data on viewing behavior across radio, TV and online. Nielsen must also transfer to the Licensee Arbitron’s interest in the Link Meter technology developed for Project Blueprint, linking PPM and calibration panel measurements. Nielsen may charge the Licensee its Direct Cost for providing the services. The future employment of seven Arbitron employees who were involved in "Project Blueprint" is also covered by the terms.
LM Communications Responds to Arbitron Lawsuit, 
It looks like Nielsen will inherit this one! LM Communications has filed a response to Arbitron's lawsuit against them for using its ratings data. According to LM, Arbitron "has known, or should have known, that it does not, and cannot, own any copyright rights in any data, information, rankings, or other factual listings, and that it cannot prevent third parties including radio stations from receiving in using this unprotectable data." The filing claims that Arbitron has engaged "in a calculated campaign to maintain its monopolistic stranglehold on the radio ratings market ... through threats and filing of multiple lawsuits and by improperly manipulating its data to punish nonsubscribers." Beyond defending itself, LM also launches an attack on Arbitron. "Plaintiff has attempted to impermissively extend the scope of any copyright rights it may have, in a calculated campaign to maintain its monopolistic stranglehold on the radio ratings market. Plaintiff has done so through threats and filing of multiple lawsuits and by improperly manipulating its data to punish nonsubscribers. This improper manipulation includes, among other things, threatening to gerrymander radio station markets to improperly force subscription to Arbitron's services, and outright exclusion from the data rankings of non-subscriber stations is if they do not exist at all. Arbitron has announced plans to implement additional discriminatory practices in the future including combining simulcast data for only subscribing stations to give them an advantage over nonsubscribers. In doing so, plaintiff has made a mockery of the very 'facts' and 'data' it seeks to protect. Plaintiff's misconduct in engaging in acts of copyright misuse has the effect of rendering Plaintiff's copyrights, to the extent valid at all, unenforceable." Last month we reported that Arbitron had filed another lawsuit against a broadcaster over alleged unauthorized use of its ratings and audience data. According to the suit, LM Communications used its ratings information for the Charleston, SC, market, although the company only subscribes to Arbitron for the Lexington, Kentucky, market. In its complaint filed in U.S. District Court in Kentucky, Arbitron claimed that LM copied, distributed and used its copyrighted data for Charleston between the spring of 2009 and May of this year. U.S. District Judge Karen Caldwell has now issued an order that the parties meet within 21 days of September 18 to try to negotiate a settlement, and file a report within 10 days after the meeting.
Mark Kassof: Good News and Bad News for Radio: 
"This year's ListenerThink P1 research explores the role of radio in listeners' lives from many angles -- what they think of it, its importance and the benefits of listening," writes Mark Kassof today (Sept. 24). "The results are mostly positive, but there's some negative too. Today, the bad news -- based on 989 online interviews with 18-64 U.S. radio listeners, conducted September 12-15, more than half agree Radio isn't as good as it used to be." According to a new "ListenerThink" from Mark Kassof and Company, 19% "agree strongly" and "34% agree slightly" for a total of 53% that agree radio "isn't as good as it used to be" -- while only 41% disagree (13% strongly, 28% slightly). Says Kassof, "From a demographic perspective, 18-34′s are most negative -- 61% agree, while only 31% disagree (and just 9% disagree strongly). What's interesting is the oldest of them were only teens when The Telecommunication Act of 1996 became law ... law that enabled 'mega groups' that many blame for the decline of radio. Men are, overall, more negative than women, and 18-34 men the most negative -- 67% of them agree that radio is not as good as it used to be, while only 28% disagree. In contrast, 45-54′s — both women and men – are the most supportive of radio on this question, 45% agree, 50% disagree. But that's far from an enthusiastic defense of the radio's direction!" Kassof concludes, "Fortunately, that's the extent of the bad news in this year's P1 research." And he promises, the first of the good news will be released Wednesday (Sept. 25). CBS Radio and WestwoodOne Launch Spanish 'Fierro' Format 
CBS Radio and WestwoodOne partner to launch "Fierro" -- a 24/7 Regional Mexican music format. Content for Fierro originates from "La Grande 107.5 FM" KMVK-FM, Dallas, including both the music and the station's air personalities. We're told that Fierro is designed for the "Spanish-language dominant Male 25-44," and features Regional Mexican artists including Intocable, Duelo and Presado, as well as newcomers such as Luis Coronel. "Fierro's strength lies in teaming the hottest Regional Mexican hits with some of the very best radio talent in any format," says CBS Radio VP of Spanish Programming Jimmy Gonzalez, who also is Program Director of KMVK-FM. "It's a winning combination which will resonate with this target audience." WestwoodOne is the network's exclusive syndicator and sales partner handling affiliate agreements and ad sales. "The launch of Fierro with our partners at CBS Radio is another demonstration of our commitment to the Spanish-language radio space," says WestwoodOne President of Programming Kirk Stirland. WestwoodOne is the former Dial Global and is currently being acquired by Cumulus Media pending regulatory approval. Ty Bailey Promoted to Tampa '98 Rock' Program Director 
Clear Channel Active Rock "98 Rock" WXTB-FM, Tampa, promotes Ty Bailey from Assistant PD to Program Director, effective immediately. WXTB-FM's former PD James Howard will continue as Program Director of "DC101" WWDC-FM, Washington DC and WQSR-FM, Baltimore. "The combination of James and Ty has lead WXTB 98 Rock to ratings success we haven¹t seen in more than 10 years in Tampa Bay," says Clear Channel Media and Entertainment Tampa VP of Programming Doug Hamand. "Ty has quickly grown into this much deserved position she is a strategic, methodical programmer. I am excited for her and 98 Rock to continue to dominate ratings in Tampa Bay." Bailey tells us, "I've been working really hard and learning everything I can from James Howard and Doug Hamand. I'm so grateful for everything they have taught me and I'm looking forward to continuing to rock the Bay with our amazing team." Bailey's previous programming roles include positions as APD/Music Director for "Channel 104.3" WCHH-FM, Baltimore, and PD of Galaxy's "K-Rock" twins, WKRL-FM/Syracuse and WKLL-FM/Utica, New York. Debbie Wagner Named Clear Channel Tucson Market Manager 
Debbie Wagner is named Clear Channel Media and Entertainment Tucson Market Manager, effective immediately. It's return to Tucson, Arizona, for her where she spent many years previously. Wagner will report to Glynn Alan, Regional Market Manager for Tucson, Las Vegas and El Paso, who will now be based out of Las Vegas. He had been overseeing the Tucson cluster. "I am excited to return to Tucson and work with the extremely talented staff and incredible brands to support our clients, sponsors, listeners and the community," says Wagner. "Clear Channel Media and Entertainment is the industry leader and at the forefront of audience and client engagement. I look forward to working with Glynn and the senior leadership team to drive revenue, ratings and digital performance in Tucson." Says Alan, "It is exhilarating to have tenured leadership return to Tucson. Debbie has great client and community relationships in Tucson. I'm confident she will have a positive impact on the market and also lead Tucson on a continued successful path forward." Wagner previously was Market Manager for Clear Channel's San Diego cluster, having been transferred from the Tucson group in early 2009. Earlier she'd been Market Manager for the company in the Springfield, Massachusetts area, following a prior stint in Tucson. The Clear Channel Tucson cluster includes KMIY-FM, KRQQ-FM, KOHT-FM, KNST-AM, KNST-FM, KTZR-AM and KXEW-AM. Townsquare Names Andi Poch SVP of National Digital Sales 
Townsquare Media Group names advertising executive Andi Poch to be SVP of National Digital Sales. Poch "will oversee sales and marketing solutions for Townsquare's national digital business." Says EVP/Chief Digital Officer Bill Wilson, "We are thrilled to have Andi join Townsquare Media to lead and manage our national digital sales team as we continue to aggressively grow the business. Andi's impressive background at premium entertainment and media brands, coupled with her dynamic leadership, creative ability, and deep sales expertise will bring an immediate and positive impact to our advertising partners and the solutions we provide." Poch tells us, "I am excited to get started at Townsquare Media. With a premium portfolio of influential music and entertainment publishers and a dynamic audience of over 50 million fans, I believe we have an incredible opportunity to provide breakthrough, multiplatform solutions for our advertising partners while growing our brand's revenue and realizing its full potential." Poch was most recently Chief Revenue Officer at IconicTV where she oversaw the direct sales and strategy efforts for the startup Multi-Channel Network, representing YouTube channels Jay Z's Life + Times with partner Jay Z, Skrillex, Diplo and A-Trak's Potato Channel, as well as 123Unodostres, the Latin Music destination. Previously, Poch held senior sales and marketing posts at companies including Alloy Media + Marketing, Buzzmedia (now Spin Media), WNBA, MTV and DoubleClick.
Over 11 Million Users Tuned to iTunes Radio Since Launch, 
Apple says that over 11 million unique listeners have already tuned in to its new iTunes Radio service in less than a week, since its launch as part of iOS 7 last Wednesday. The most listened to song has been Drake's "Hold On, We're Going Home." The announcement came in a news release reporting record sales for its new iPhone 5s and 5c models, which were released Friday. Apple says it had sold "a record-breaking nine million new iPhone 5s and iPhone 5c models, just three days after the launch of the new iPhones on September 20. In addition, more than 200 million iOS devices are now running the completely redesigned iOS 7, making it the fastest software upgrade in history. Both iPhone 5s and iPhone 5c are available in the U.S., Australia, Canada, China, France, Germany, Hong Kong, Japan, Puerto Rico, Singapore and the UK. Demand for iPhone 5s has exceeded the initial supply, and many online orders are scheduled to be shipped in the coming weeks." Says Apple CEO Tim Cook, "This is our best iPhone launch yet - more than nine million new iPhones sold - a new record for first weekend sales. The demand for the new iPhones has been incredible, and while we've sold out of our initial supply of iPhone 5s, stores continue to receive new iPhone shipments regularly. We appreciate everyone's patience and are working hard to build enough new iPhones for everyone." The initial record sales of the new iPhones nearly doubled their previous launch weekend record. Apple's iTunes Radio -- the new all-you-can-listen-to streaming music service -- is built in to the iPhone, iPod touch, iPad, Apple TV, and iTunes on the Mac, and it's included with the release of iOS 7. Jacobs Media to Present DASH Conference in Detroit 
Jacobs Media will present DASH -- a conference dedicated to the relationship between audio infotainment and the automobile, October 23-24, in the car capital of the world, Detroit. Jacobs Media President Fred Jacobs says DASH will feature industry experts "you just don't see at radio conferences." This first-ever event has a singular, laser-targeted focus: Radio's relationship with the car. "For as long as any of us have worked in radio, the car has served as a dependable and ubiquitous host for our programming, providing true mobile coverage wherever a consumer might travel on four wheels," says Jacobs. "It may be an overstatement to suggest that radio has taken the automobile for granted, but amidst the changing digital entertainment arena of the past decade or so, the car has been a stable, trustworthy source for broadcast radio. For consumers, even as their worlds have been rocked by new technology, the car radio has been that simple fixture in the center of the dashboard that has seamlessly connected them with local programming on both the AM and FM bands. But now the 'connected car' is changing all that, and that's why we've partnered with Radio Ink and telematics expert Valerie Shuman to create DASH -- a conference dedicated to the relationship between audio infotainment and the automobile."
Lawmakers Want Navy Yard Faulty First Responder Radios Probe 
Reps. Henry Waxman (D-CA) and Anna Eshoo (D-CA) are asking the FCC and the National Telecommunications and Information Administration to help determine whether first-responder radios malfunctioned during the shooting rampage this past week at the Navy Yard in Washington. "It is imperative that we understand what happened to these communications systems and why," the lawmakers wrote in a letter to the heads of both agencies, urging them to work with other federal and local officials to investigate the problems. They also urged the officials to ensure that FirstNet, a planned nationwide wireless network for first responders, avoids similar communications breakdowns, reports The Hill. "This horrific incident serves as a further reminder just how critical it is for FirstNet to succeed in its mission," the two House lawmakers wrote. It has been reported that some federal firefighters and police officers were unable to communicate with their radios during the Navy Yard attack. Some equipment stopped working as officers ventured into buildings, and at least one officer was forced to rely on his cellphone, according to union officials for first responders. Behind the Microphone: The Ins and Outs of Radio 
Cox Media Group Hot AC "Mix 96" KRAV-FM, Tulsa, signs Tad Lemire for mornings starting in early October, co-hosting with current host Lindsey Bauer. Lemire exits mornings at Hot AC WEZN-FM, Bridgeport, to join KRAV-FM ... Billy Sexauer is named Program Director of CHR/Top 40 "Z94.7" KZGF-FM, Grand Forks, North Dakota. He exits the PD post at CHR/Top 40 WKMX-FM, Dothan, Alabama, to move to KZGF-FM ... Country "Bob 103.9" WBYB-FM, Kane, PA, appoints Chris Russell as Operations Coordinator and morning host. He will oversee day-to-day operations of Colonial Radio Group's eight-station cluster, including production, continuity and automation systems. Previously, he worked for Cromwell Radio in Effingham, Illinois ... Cumulus Country WLWI-FM, Montgomery, Alabama, Program Director and afternoon host Bill Dollar exits after eight years, and is looking for his next opportunity ... Kimberly Caruba joins CHR/Top 40 "95 Triple X" WXXX-FM, Burlington, Vermont, for a variety of station duties.
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From Mark Harris Broadcast Consulting
Tuesday, September 24, 2013
Tuesday's Radio & Media News - September 24, 2013
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