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CBS Radio News Closure: Effects on KCBS and San Francisco

Reading all of these various thoughts and opinions, it struck me that the Audacy stations might have a simple solution to this problem, if CBS plays along. As a condition for not suing CBS for breach, Audacy & CBS agree that Audacy can continue using the soon-to-be-obsoleted TOH bong and network news sounder over their own white label version of AP news. AP produces the 3 (or 4) minute newscast without any commercial cutout, all the Audacy stations carry it and Audacy pays AP a bulk rate for the product. The stations now have another couple of minutes of inventory to sell. Possible a win-win, and CBS sure won't need that sounder any more.
That could work, assuming CBS would allow it (why wouldn't they? As you point out, they're not going to be needing it, so why bother claiming fraud? Besides, it wouldn't be fraud if there were a legal agreement that lets Audacy do it).

If it's too problematic to segue from CBS News using their current sounder to it being on top of an AP (or Brand X) newscast as of May 22, go into the past a generation or two (or three) of CBS News sounders and use an older one. Nobody but us would even notice the difference.
I'd enjoy that! I grew up hearing the old sounder, and I've never really liked the current one when it came out, what, 15 years ago now?

c
 
That could work, assuming CBS would allow it (why wouldn't they?

Because it's part of the CBS brand and identity. Which also begs the question why would KCBS, looking to distance itself from CBS News, want to use their jingle? Makes no sense. KCBS has its own identity, so it wants to reinforce it's brand, not use someone else's. Some suggest KCBS change its call letters, other want them to adopt the CBS jingle. Which is it? I think they're both bad ideas.
 
Listeners to KCBS follow the news, so they are certainly aware of the CBS radio shutdown. As well as hearing on air announcements from mgmt regarding this. It's not going to come as any shock or surprise for most listeners when the change happens May 23.
This is assuming KCBS sticks with the affiliation until shutdown. If it were me making the decisions, I wouldn't wait that long. Might as well get it over with as soon as practicable.
What I'm looking forward to hearing is how CBS handles the very last TOH newscast. I really think they should provide affiliates with a one hour goodbye special, that can be aired just before that last newscast. Will CBS radio acknowledge it's 99 year history? It would be sad if they didn't.
I want to know what's going to happen to the sound archives.
 
Maybe Audacy could bring back the FREE-FM format after CBS News radio goes out of business?
 
Mike, 60 days is legally required by the federal WARN Act. .......
Hence the timing of the shutdown, you mean ... as for affiliate contract litigation, even if possible, I think not. Lawyers win$ and their clients lose! Not worth the money, certainly not enough loss or injury.
 
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Why use someone else's talent to host newscasts? Isn't that what KCBS people do?

I understand using AP's actualities. But I don't see any value to using their anchor.

We should note, WINS does not air a top-of-the-hour network newscast. That was the Westinghouse format still carried to this day. KYW and WBZ, like WINS originally Westinghouse stations, also air no network top-of-the-hour newscast except overnight when programming is prerecorded. The other All-News stations do air a network to begin each hour, most using CBS but KNWN using ABC.

The trouble with no network news is the anchor doesn't get much of a break. On WINS, that's OK. Except for overnight, the anchors switch back and forth every 30 minutes. They have half-hour breaks between each 30 minutes of anchoring. WINS is unique in doing this. All the other All-News stations have anchors on for full four or five hour shifts.

These days, with segments triggered by the master computer, an anchor can still run to the bathroom or lunch room for a few minutes if he just allows one segment to run into another. I would guess that's how WINS handles its overnight shift, which is still all live for four hours. But I'm sure, for peace of mind, most anchors like having that guaranteed four or five minutes each hour.

I think that's why the Audacy stations, except WINS and KYW, will find another top-of-the-hour network newscast to run. My money is on ABC. And I'm not sure AP is on at all hours every day. Maybe someone knows if AP is dark overnight or on weekends?
 
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Hence the timing of the shutdown, you mean ... as for affiliate contract litigation, even if possible, I think not. Lawyers win$ and their clients lose! Not worth the money, certainly not enough loss or injury.
I'll try to be clearer. The WARN Act is a federal law that requires companies larger than a certain size (number of employees) to provide a minimum of 60 days of notice (or severance pay in lieu of full notice) to employees about to be laid off. If the layoff meets or exceeds the minimum threshold of employees (as defined in the Act), then the company is mandated to notify (warn, get it?) those employees at least 60 days prior to the start of said layoffs. If you're below the threshold, then the law doesn't apply. If you're only laying off a handful of workers, again it doesn't apply. And if you didn't make the 60 day threshold, you still must pay the affected employees for the number of days you missed it by.

If random employer (let's call them, ohh, CBS) decides to lay off all the employees in a division (let's call it radio news), they need to provide 60 days of notice to affected employees. If they only can give them 40 days notice, they must pay them as if they had given 60 days, so an extra 20 days of salary continuation or lump sum severance. That's the federally-mandated minimum. Many companies will pay employees a severance per an internal policy, which may be one week per year of service, or some other metric. Labor contracts may have their own requirements, but those have been freely negotiated between the parties. Think CBS and SAG-AFTRA, or IBEW.

CBS may spell out how much advance notice they owe affiliates if they want to terminate a program, or a service, or a business. But that's a contractual or a policy requirement. The WARN Act is a labor law.
 
Is AP network news gone?
No. I'd just forgotten it. 'm not sure they have the resources for wall-to-wall audio coverage of a major breaking national or world event. At least not at the level that ABC or (until May 22) CBS have.

That may be an outdated question on my part. I only worked for one station that had AP Network News, KUKI---and went from there to KOLO, which had NBC. It was a world of difference in terms of production values and resources for longform coverage.

And I couldn't tell you the last time I listened to a station that had AP Network News.
 
I'll try to be clearer. The WARN Act is a federal law that requires companies larger than a certain size (number of employees) to provide a minimum of 60 days of notice (or severance pay in lieu of full notice) to employees about to be laid off. If the layoff meets or exceeds the minimum threshold of employees (as defined in the Act), then the company is mandated to notify (warn, get it?) those employees at least 60 days prior to the start of said layoffs. If you're below the threshold, then the law doesn't apply. If you're only laying off a handful of workers, again it doesn't apply. And if you didn't make the 60 day threshold, you still must pay the affected employees for the number of days you missed it by.

If random employer (let's call them, ohh, CBS) decides to lay off all the employees in a division (let's call it radio news), they need to provide 60 days of notice to affected employees. If they only can give them 40 days notice, they must pay them as if they had given 60 days, so an extra 20 days of salary continuation or lump sum severance. That's the federally-mandated minimum. Many companies will pay employees a severance per an internal policy, which may be one week per year of service, or some other metric. Labor contracts may have their own requirements, but those have been freely negotiated between the parties. Think CBS and SAG-AFTRA, or IBEW.

CBS may spell out how much advance notice they owe affiliates if they want to terminate a program, or a service, or a business. But that's a contractual or a policy requirement. The WARN Act is a labor law.


Got it.

That being said, CBS attorneys advising Ellison and Weiss on how to handle this I'm sure not only looked at the financial exposure of getting the WARN Act exactly right, but about the financial exposure of breach of contract with 700 stations.

In fact, given the level of potential damages from that many affiliates, that may have been the advance notice that concerned them most. If the contracts specified 90 days, they could have met that window and simply been ahead of the game when it came to the WARN requirement ("at least 60 days prior").

It's been a while since I looked at an affiliation contract (KFBK had CBS, then ABC, during my six years there, which ended six years ago), and 60 days notice sounds right.
 
As for the TOH chime and news sounder, CBS may not "need" it anymore, but you should never expect a network to surrender intellectual property unless they're going out of business.

NBC retired the three-note chime for about five years back in the early-mid 70s, and then found a use for them again, aligning with NBC Radio's 50th anniversary. CBS could conceivably find a use for its chime/sounder in some digital product.

Also---if----(what, the fifth time now?) Bari Weiss' devaluation and destruction of the CBS News brand becomes truly problematic for KCBS' listener base, the last thing you want is a reminder of that on your air every damn hour. Especially when you could have been rid of it, but you went chasing it instead.
 
The L.A. Times has an explainer today on the situation, and while most of it is KNX-specific, there is this essential pull-quote:


Among the possible replacements for CBS News Radio is ABC News Audio, which is the largest network radio news service in the U.S. with 1,500 affiliates. The Audacy stations currently use ABC News content outside of its hourly newscasts.

KFI-AM currently carries the ABC News Audio newscasts in Los Angeles. Exclusivity of the ABC News Audio affiliations are determined on a market-by-market basis, according to a representative at the network.


Full story: What happens to L.A.'s KNX and other stations when CBS News Radio goes away?
 
CBS may spell out how much advance notice they owe affiliates if they want to terminate a program, or a service, or a business. But that's a contractual or a policy requirement. The WARN Act is a labor law.

My point is that Audacy has two contracts with CBS News Radio: One is an affiliation contract, that only requires 60 days notice. The other is the distribution contract, and we don't know what the terms are of that deal.
 
And I couldn't tell you the last time I listened to a station that had AP Network News.
Even in the 1970s, my experience was that relatively few stations carried it. For example, in the St. Louis area, the only station that carried AP was a suburban station in Alton, Illinois.

My understanding was that stations preferred to barter for network service rather than pay for it outright.

UPI had more stations for its audio service than AP, but that may have been because some regional networks wholesaled it. For instance, Learfield's Missourinet wholesaled UPI in Missouri until 1982 when it switched to the then-new ABC Direction network. Offering the national feed wholesale saved line charges for some small-town stations that had the line anyway for Learfield's agricultural network; as well, Learfield moved to satellite distribution fairly early on in the decade.
 
Even in the 1970s, my experience was that relatively few stations carried it. For example, in the St. Louis area, the only station that carried AP was a suburban station in Alton, Illinois.

My understanding was that stations preferred to barter for network service rather than pay for it outright.

UPI had more stations for its audio service than AP, but that may have been because some regional networks wholesaled it. For instance, Learfield's Missourinet wholesaled UPI in Missouri until 1982 when it switched to the then-new ABC Direction network. Offering the national feed wholesale saved line charges for some small-town stations that had the line anyway for Learfield's agricultural network; as well, Learfield moved to satellite distribution fairly early on in the decade.
There are still some stations in rural Iowa that carry AP radio news. I can’t remember which ones but they’re the only ones I’ve heard it on ever.
 


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