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The Implications of COVID-19 on Contract Law
By Thomas Urban
Fletcher Heald & Hildreth
WASHINGTON, D.C. — For nearly a year, the world has battled a pandemic defined as Coronavirus-19 or COVID-19. This virus has caused enormous damage worldwide in terms of human life, health, and economic devastation. This destruction has been acutely felt here in the United States, with the death of hundreds of thousands of Americans and the long-term illness of millions, as well as severe economic loss due to factors beyond the control of those who have been affected.
The COVID-19 pandemic also has had a significant effect on the U.S. legal system.
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Fifty Years of Rock, Saluted In Seattle
On February 12, 2020, a Seattle FM will officially kickoff a yearlong celebration of its 50 years serving the Pacific Northwest’s biggest metropolis with rock ‘n’ roll music — and a little talk, too.
Today an Entercom Communications station, KISW-FM 99.9 is celebrating its longevity in Seattle with “The 50th Anniversary Weekend.”
Special programming will pay tribute to the station’s legacy with stories and memories from KISW alumni; local civic, sports and business leaders; and bands and artists from both Seattle and around the world.
KISW debuted as an Album-Oriented Rock station on February 14, 1971.
Guests are set to include bands Metallica, Guns N’ Roses, Soundgarden, Pearl Jam, Foo Fighters, Nirvana, Greta Van Fleet, Heart, Alice In Chains, Disturbed, Judas Priest, athletes from Seattle Mariners, Seahawks, Kraken and Sounders, Mayor of Seattle Jenny Durkin, singer-songwriter Sammy Hagar, and actors Joel McHale and Rainn Wilson.
“There are only a handful of radio stations that can brag about thriving for 50 years in a particular format, and KISW is one of them,” said Jack Hutchison, SVP and Market Manager for Entercom/Seattle. “KISW is synonymous with Seattle. We’d like to extend our heartfelt thanks to the many talented people who have been and still are part of this journey. They know the secret to our success has been to – first and foremost – recognize and immerse ourselves within the community. We’re not done, so stay tuned for the next 50 years. They are going to be fun.”
Dave Richards, Entercom’s Rock Format Captain, added, “To be able to celebrate a milestone like this is a rarity, and we don’t take that lightly. We celebrate this golden anniversary with everyone who has been along for the ride.”
Back in 1971, KISW was owned by Kaye-Smith, with Frank Sinatra a minority owner. Like many rockers, it started out with a progressive rock feel before evolving.
Over the years, personalities and shows like “Robin and Maynard,” “Langan and West,” “Crowe and West,” “Bob Rivers Twisted Radio,” Howard Stern, “BJ and Migs” and “The Mens Room” have helped KISW attract listeners.
Now, it is looking back as it sets to enter its sixth decade of service.
‘Home is Where the Connectivity Is’
Amid the COVID-19 Pandemic, Home is Where the Connectivity Is
It’s a trend Nielsen believes is important for brands and advertisers looking to stay in touch with consumers as their habits—and their habitats—shift.
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The Evolution and Revolution of Measurement Currencies
Comcast Advertising’s Agency Leadership Council (ALC) recently commissioned Advertiser Perceptions to find out how more than 300 cross-screen TV advertisers and marketers are approaching measurement in 2021.
The results are now here, and they examine advertisers’ and marketers’ openness to new providers, and what may be holding them back from moving more quickly on new measurement currencies.
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D.C.’s Humboldt Brew: A UHF Discount Erasure Bill
EUREKA, CALIF. — For local television viewers that wish to watch the local NBC and CBS affiliates, it’s been a difficult start to 2020. First, Altice USA-owned Suddenlink, the dominant cable TV services provider across Humboldt County, blocked its customers from viewing them in the absence of a retransmission consent agreement.
Then, as soon as that “blackout” ended, another one transpired, with AT&T-owned DirecTV preventing its subscribers from seeing the stations — owned by Cox Media Group.
The local Member of Congress is irate. And, he’s going so far as to seek the elimination of the so-called “UHF discount” in legislation he’s set to introduce — a new wrinkle to Rep. Jared Huffman‘s efforts in Washington to end retrans impasses such as these.
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No Shure Thing: Company Seeks Wireless Mic Channel Ruling Reversal
WASHINGTON, D.C. — One of the world’s best-known audio equipment manufacturers has asked the FCC to reverse a decision made by the Pai Commission by reconsidering the merits it believes a dedicated UHF television channel for wireless microphone use would bring to its users.
Under former Chairman Ajit Pai the FCC declined to provide at least one “vacant” 6MHz UHF channel in each market for its exclusive use by wireless microphones.
It was tied to the FCC’s termination of a “vacant channels” rulemaking opened during its 600 MHz incentive auction.
Shure Incorporated disagrees with the FCC’s conclusions and rationale for terminating the proceeding. Now, with acting Chairwoman Jessica Rosenworcel at the helm, it believes a change from Republican to Democratic leadership may be ripe for a relook.
In a petition filed the Commission, Shure argues that the wireless microphone community needs clear spectrum now more than ever. That’s because, it says, the 600MHz band has been reallocated to mobile phone use. Add to that the post-spectrum auction “repack” of broadcast TV stations, which moved many TV stations to the 500MHz spectrum.
“At the same time, broadcast, performance, and sporting productions continue to demand more channels of wireless microphones than ever before,” Shure said.
It added that the “alternative” frequencies identified by the FCC in 2017 for wireless microphone use at 900MHz, 1.4GHz, and 7GHz “fall far short of addressing the needs of wireless microphone users. These bands do not have the same characteristics and operational flexibility as UHF frequencies. Because these bands are occupied by licensed users in other industries, access to these bands for wireless microphone use is conditioned on sharing requests, which can be lengthy and ultimately denied.”
Further, Shure argued that the 600MHz duplex gap and VHF frequencies offer interference and other considerations that constrain use. “Together, these other spectrum resources are helpful but are not practical alternatives to UHF, and the certainty of having access to at least one vacant UHF channel is important to meet demand for wireless microphone use. The designated UHF channel would also be important for applications that include intercom, IFB and others.”
Ahren Hartman, Vice President of Corporate Quality, commented, “With the loss of 700MHz, 600MHz, and the DTV repack into 500MHz, we are at an all-time low for access to UHF spectrum. However, the need for open and clear wireless microphone spectrum is higher than ever before.”
RBR+TVBR Washington Bureau
“Hope and Help” Audio Ads Resonate
Marketing company Veritonic wants to raise awareness of effective audio advertising. So it has introduced a monthly feature identifying advertisers that are producing the most effective spots for radio, podcasting and other audio platforms.
Its first “Audio Ad Index” gives high honors to AutoZone, “driven by their spot that focuses on helping people get ready for the cold weather ahead by ensuring they don’t add battery problems to their list of troubles. The brand punctuates the ad with practical offers — a free battery test, a free charge — to support the message.”
Veritonic’s Scott Klass wrote, “AutoZone’s sonic decisions for this ad match the content well. The spot is very upbeat, leveraging music that the brand uses consistently across its ads.”
Ads were rated for their ability to drive listeners to buy the product being advertised, a “purchase intent score.”
Other advertisers on the list include Indeed and Home Depot. Veritonic said spots with cultural relevance, “uplifting tone” and “practical help” resonate with listeners.
The blog post features samples of the best ads and a description of the company’s technology used in making the determinations. Below is its top 10 list for January:
The post “Hope and Help” Audio Ads Resonate appeared first on Radio World.
The InFOCUS Podcast: John Morris, WideOrbit
Tru Optik, which offers “identity resolution” in the streaming media world for marketers and advertisers, has struck a new partnership with WideOrbit, the sell-side processor of premium digital and linear advertising.
To learn how this can benefit Radio as it grows its podcasting and streaming audio delivery business, RBR+TVBR spoke exclusively with John Morris, VP of Streaming & On-Demand at WideOrbit. He’s Adam R Jacobson’s guest in this fresh InFOCUS Podcast, presented by DOT.FM.
Listen to “The InFOCUS Podcast: John Morris, WideOrbit” on Spreaker.
Kentucky AM Faces Fine for Late Filing
FCC paperwork can be a hassle for a radio station, even during a pandemic. But not completing it on time can be costly.
Such could be the case for a Kentucky AM station that didn’t get its FM translator license renewal application in on time.
The FCC Media Bureau said Heritage Media of Kentucky, licensee of WMTL(AM), didn’t submit its application to renew its translator in Leitchfield until almost four months after the April 1 due date, and didn’t explain why.
The base fine in this type of case is $3,000 but the FCC lowered the proposed amount to $1,500 because the station did file the application prior to expiration of the license. And the commission said it intended to renew the license, assuming no further issues emerge in the case.
The case isn’t closed yet; Heritage has 30 days to pay or challenge the fine.
The post Kentucky AM Faces Fine for Late Filing appeared first on Radio World.
InfoComm Show Postponed to October
The InfoComm 2021 Show has been postponed from June to October. It is the latest event on the media technology business annual calendar to suffer the impact of the pandemic.
Show owner AVIXA (which stands for the Audiovisual Integrated Experience Association) announced the change today. CEO David Labuskes wrote that planners are making the change “with a holistic perspective of all factors in North America.”
The event now is scheduled for Oct. 23–29 at the Orange County Convention Center in Orlando, Fla. In 2019, the last time InfoComm was held in person, it attracted about 44,000 people.
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The show website states, “While third-party research indicates a high confidence level for attendees to return to in-person events in 2021, we also acknowledge the delay in the widespread distribution and administration of the COVID-19 vaccines within the U.S. which may influence an individual’s ability and willingness to travel to InfoComm.”
Among other things, this change means that, if current plans hold, the month of October is going to be an important one for physical trade shows in and around the media and AV industries. October is also when this year’s 2021 NAB Show is to be held, combined with the fall Radio Show and co-located in Las Vegas with the AES fall show.
“AVIXA has continued to monitor the vaccine rollout, economic indicators, travel restrictions, and the show community to better gauge overall trends and future conditions for holding a major event in the U.S. in June of 2021,” Labuskes wrote.
He said that a postponement had “overwhelming support” from the show’s stakeholders. “As excited as the community is about the show, and as hopeful and optimistic as we remain in combatting the pandemic, it is believed that the U.S. will be further along in the battle against the pandemic by October than in June.”
A FAQ page has more info.
Integrated Systems Europe (ISE) continues to plan its scheduled event in Barcelona in June. ISE is a joint venture of AVIXA and CEDIA, the Custom Electronic Design and Installation Association.
The post InfoComm Show Postponed to October appeared first on Radio World.
Byron Allen Withdraws $10B Charter Racial Discrimination Suit
“Byron Allen’s Entertainment Studios Networks has resolved and withdrawn the lawsuit against Charter Communications.”
That’s the entire “official joint statement” released late Wednesday (2/3) by both companies, settling a matter that dates back several years for the broadcast media mogul.
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Of course, there’s a lot more detail to the matter that deserves explanation.
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CRB Seeks Comment In ‘Distant Retrans’ MVPD Royalty Settlement
From the 1970s through the start of the 1990s, radio broadcast stations from a “distant” locale could be received via cable television systems. It’s how Ulster County, N.Y. FM radio listeners were able to receive New York City-based stations some 90 miles north of the Empire State Building.
It seems that distant retransmission of radio broadcast signals by cable TV systems is still a thing, and the Copyright Royalty Board is seeking comment on a proposed royalty rates and terms settlement that also covers the distant retransmission of broadcast TV signals.
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Political Propels Meredith’s TV Stations In Fiscal Q2
Thank you, Georgia.
With ownership of the CBS affiliate in Atlanta, along with unaffiliated “Peachtree TV,” Meredith Local Media was one of several broadcast media company that saw bonus political dollars flow through the end of 2020 — thanks to twin U.S. Senate runoff elections.
Those extra bucks, along with non-election spot television advertising improvements from the depths of the COVID-19 pandemic, led Meredith’s broadcast TV arm to achieve a 141% year-over-year adjusted EBITDA increase in its fiscal Q2 of 2021.
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Nexstar Names Moriarty to Digital Post
Nexstar Inc. named Jeff Moriarty as its new executive vice president and chief product officer, Digital Division.
The division operates its portfolio of digital news offerings and media brands in lifestyle and entertainment. He is based in Los Angeles and reports to Karen Brophy, president, Digital.
Brophy said the move is part of the company’s efforts to expand digital footprint “by rolling out new product offerings designed to diversify our audience.”
The multimedia company is heavy in TV station ownership but also owns WGN Radio in Chicago.
Moriarty has held roles at Gannett/USA Today Network, JPiMedia and the Boston Globe.
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The post Nexstar Names Moriarty to Digital Post appeared first on Radio World.
Harvill Will Retire From Cumulus
Doug Harvill will retire from Cumulus Media this spring.
The company said his last day will be May 14. Harvill is vice president and general manager of Cumulus San Francisco, including KSAN(FM), KGO(AM), KNBR(FM/AM) and KSFO(AM).
“For the past 24 years, Harvill led successful radio station groups in San Francisco and Sacramento, Calif.,” it stated in a press release.
“Prior to joining Cumulus Media, he was senior vice president/market manager, CBS Radio/San Francisco from 2005 through late 2017, following nearly nine years as senior vice president/market manager for CBS Radio/Sacramento.
“As vice president and national program director for EZ Communications in Fairfax, Va., Harvill was part of the corporate team that led the station group through significant acquisitions and duopolies, more than doubling the size of the company, and through its 1993 public offering on NASDAQ.”
A company spokeswoman said a successor has yet to be named.
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The post Harvill Will Retire From Cumulus appeared first on Radio World.