ESPN in Indy

[ChiefEngineer]

Look at the WNSR 560 website. Dickey and ABC were sued because Lew stole the network affiliation.

It's in Federal Court in Nashville so how is that made up?

I think ABC agreed to pay the station for their part in it, Dickey too.

Segregate huh?

Having started in radio in Columbus at a station that didn't ever pay anyone and working at another station prior to Foster, and another when Tim McKee was a no name and others were in the building, you have to love radio to be in it.

You also want what you do to be something that makes the world a better place rather than make sure everyone is at a minimum wage job.

 

[radiowannab]

Well Radio Ho has now been identified as every one from some overnight dj to Lew Dickey! I must say, if radio in this city were half as entertaining as this board, we listeners would have it made. Maybe the people in charge should spend more time better programming their radio stations (actually giving us something worth listening to) and less time playing the guessing game. Who is the Ho? Like the center of the tootsie roll tootsie pop, the world may never know.

 

[WNSR Radio]

Dear Mr./Ms. RadioHo (Nice screen name, by the way.)

In response to Chief Engineer you said, "... A station does not 'steal' a network affiliation. It has to be awarded by the network. Maybe the original affiliate did not live up to its' obligations regarding network affiliation - giving the network reason to leave. Allegations with no support - you 'believe' this happened? c'mon..."

Well, I do believe it happened. Specifically, to one of our radio stations, WNSR. Not only did WNSR live up to its contractual obligations, the station exceeded the requirements of the ESPN agreement. The reasons for the suit are contained within same and you are certainly welcome to review it on the station's web site, wnsr.com.

The litigation is still pending and, as of this date, negotiations between the respective parties are ongoing.

Cordially,

Randolph Bell
President
WNSR Radio

 

[radioho]

I appreciate your response. However, I would suggest that the legal snafu would be between you and the network, NOT the 'new' station. The only way the station can 'steal' the network is to do it without the network's approval. If the network 'takes' it from you, and 'gives' it to another station, it's not that station's responsibility to review the contract between you and the network.

While I don't think there's an argument that the network is dealing on the unethical side, but if the network knocks on my station's door, and I want it, then 'your' legal agreement with the network is of no concern to me. If you win, and my station loses the network, then it was my fault for entering into the agreement, but not a legal issue for me - (no, I'm NOT the station, I'm referring to 'me' in relative terms.)

There obviously was a reason the network was not happy with doing business with you. I don't know what it is, but my point wasn't that you didn't live up to obligations, it was that the station did not 'steal' the network. The network walked on you, and was welcomed by the new station.

 

[radioho]

After reading the 'notice' on your website, taking into consideration it is 'one-sided' with no response from cumulus, you have ground to stand on in legal action against ESPN, but I don't see it against the station. Of course the two talked before ESPN moved to cumulus, but all the other allegations of trying to 'hurt' your station financially, etc., are all part of fair competition.

While being independent is an 'honorable' position to be in, and it's hard to take the corporates' side in something like this, it IS part of the radio landscape. Being 'the little guy' doesn't give you any special considerations regarding the 'big guy' stomping on you and trying to run you out of business.

Keep up the good fight, but I would imagine there'll be a settlement, covering your 'costs,' but not much more. I stand by my 'belief' that it's ESPN that did the unethical act, not the station(s).

Just my two cents.

 

[DeVasher]

Dear Mr./Ms. RadioHo (Nice screen name, by the way.)

In response to Chief Engineer you said, "... A station does not 'steal' a network affiliation. It has to be awarded by the network. Maybe the original affiliate did not live up to its' obligations regarding network affiliation - giving the network reason to leave. Allegations with no support - you 'believe' this happened? c'mon..."

Well, I do believe it happened. Specifically, to one of our radio stations, WNSR. Not only did WNSR live up to its contractual obligations, the station exceeded the requirements of the ESPN agreement. The reasons for the suit are contained within same and you are certainly welcome to review it on the station's web site, wnsr.com.

The litigation is still pending and, as of this date, negotiations between the respective parties are ongoing.

Cordially,

Randolph Bell
President
WNSR Radio

Randy you're gonna lose this one. If I am ESPN and I have the ability to get a full market FM signal vs your questionable (74 watts at night?) AM signal, I will take that deal and give you the 90 day bye bye letter. Based on the latest Nashville ratings AM has less than a 10% share and my guess is 70% is 55+. WNSR doesn't even show in the 12+ listing. ESPN needs to generate ratings in the 24-49 male demos...WNSR didn't help in that quest. I realize it's bad news for you, but why would you buy what amounts to a daytimer on a dying band anyway? You've been in the radio business a long time if your the same Randy Bell I know, formerly of Jam. Sell the copper in the ground system and call it a day.

 

[WNSR Radio]

A short response:

“... you're gonna lose this one..." Hardly. The defendants attempted to have the suit dismissed and the federal court judge found that there was merit in the complaint and ordered that the action continue.

Have you ever heard 74 watts at 560 from the middle of downtown Nashville? At that frequency, it doesn't take much electricity to send a signal. Nevertheless, the network did not move as a result of the availability of a Class A signal. The network was offered a Class C signal a year earlier and CHOSE NOT TO MOVE the affiliation. Furthermore, just prior to moving the network to the Class A, their programming was also airing on another (sister) Class C in the market in direct violation of the WNSR affiliation agreement. In short, the cause and effect was much higher up the food chain. (Read the complaint.)

The ratings drop that occurred as a result of the tortuous interference is one principal the reason for the action. (You'll notice that I didn't use the word "alleged" in that sentence.) Go back and look at the figures prior to the network vacating the station. As the phrase goes, the (now negative) numbers speak for themselves and, yes, the station took a dramatic, and, quite frankly, irreparable hit, when the cancellation occurred.

"...Sell the copper in the ground system and call it a day..." Four towers and their associated ground system? . Interesting suggestion. I understand that precious metals have quite the value in the recycling industry. Maybe something to consider on another day.

 

[radioho]

I've not yet heard the REASON the network dropped you. They had to feel there was a benefit in leaving you for a different station. Can cumulus put more money into promotion? Better signal? etc?

Your claim on the website is your side to the story. I'd be interested to know the duration of the contract, what ESPN's out is (how much notice do they have to give, and did they give proper notice?).

If they did not violate the agreement, and your only complaint is that they 'teamed up' with the big boys and as a result you lost your listening audience, I still do not see the legal issue.

To me, this is like forcing a married couple to stay married, even though one spouse has completely no interest in the other, and cannot co-habitat. The other spouse wants to stay married, so files in court to FORCE the other spouse to stay. What kind of relationship would that be?

If ESPN is unhappy with the way you run your station, that's their decision to leave.

Again, if they violated your agreement by leaving early, or not giving proper notice, then the lawsuit should be against them. To sue the station because they opened the door and allowed ESPN to come in is sour grapes and shows your station to be weak.

I'm not a judge or jury, but we're only hearing one side of this - and likely won't hear the other side until court papers become public. Sorry, but I can't take your press release as complete and final fact.

Sounds more like your business is failing, so you want the big boys to bail you out by giving you money you did not earn.

just my opinion, based on one-sided info.

best of luck though.

 

[Robb_Reel]

Wow...we have really strayed from the original topic, haven't we?

I have handled ESPN Radio programming at two different stations: WKBV in Richmond and KTGR in Columbia, MO.

My experience has been that the support given by the network is directly proportional to the support given by the affilaite. If you cleared a lot of programming -- not just the regular format but the NBA, MLB, Bowl packages, etc. -- and gave a lot of promotional effort, the network fell over itself to reciprocate. If the affiliate didn't care or put much in, neither did ESPN. This was all independent of ratings.

As for the WNSR topic, my own experience suggests one of two things is going on here:

A. ESPN wasn't happy with the station's contribution to the relationship and consequently left for a "prettier girl."

Or

B. An outside force had to offer them the moon to get them to dump an affiliate on good terms.

That question alone makes it worth more in-depth examination. However, just because that outside party's efforts were unethical does not necessarily mean they were illegal or actionable. In short, I think you may have enough to get to trial but, in my not-a-legal-expert-but-otherwise-educated opinion, you won't win.

 

[DeVasher]

Hardly. The defendants attempted to have the suit dismissed and the federal court judge found that there was merit in the complaint and ordered that the action continue.

Have you ever heard 74 watts at 560 from the middle of downtown Nashville? At that frequency, it doesn't take much electricity to send a signal. Nevertheless, the network did not move as a result of the availability of a Class A signal. The network was offered a Class C signal a year earlier and CHOSE NOT TO MOVE the affiliation. Furthermore, just prior to moving the network to the Class A, their programming was also airing on another (sister) Class C in the market in direct violation of the WNSR affiliation agreement. In short, the cause and effect was much higher up the food chain. (Read the complaint.)

The ratings drop that occurred as a result of the tortuous interference is one principal the reason for the action. (You'll notice that I didn't use the word "alleged" in that sentence.) Go back and look at the figures prior to the network vacating the station. As the phrase goes, the (now negative) numbers speak for themselves and, yes, the station took a dramatic, and, quite frankly, irreparable hit, when the cancellation occurred.

"...Sell the copper in the ground system and call it a day..." Four towers and their associated ground system? . Interesting suggestion. I understand that precious metals have quite the value in the recycling industry. Maybe something to consider on another day.

I read all 21 pages. Additionally I hate Cumulus. I still think you're going to lose. 91 vs 89 days notice is your argument? They don't need to give you a reason. Tortious interference? Does that mean whenever one of my competitors says something true, but not flattering, about my station I can sue?

Are you saying they put programming on WWTN because your signal can't be heard? Manchester TN, is the City of License for WWTN and is located in Coffee County....not part of the Nashville metro area, and my gut says your contract says Nashville Metro.

They wanted an FM vs. an AM Daytimer. They want the younger audience that FM affords.

Tough pill to swallow, but I wouldn't expect much except an invoice from your attorney.

Could you sell the Daytime site to the developer of that subdivision to the southwest? It looks like they have a street, Watkins Creek Drive, that has built some sort of extension in that direction for possible expansion in the future. (Isn't that satellite mapping function on Google Earth via Radio Locator cool?)

 

[EStreeter]

Estreeter) - weren't you also the Sports Director at WKLU? How'd that work out for ya?

Your post basically supported what I said - Indy needs a PROMINENT sports figure to anchor/host a drive time program. Who in Indy sports legend could that be? Didn't say it had to be an Indy alum - just SOMEONE who has played pro ball.

No, XLW cannot afford it, WNDE WON'T pay for it - hence the .8 ratings.

Emmis (which could move IBC to the FM frequency with Much more success, while offering a 50,000 watt sports station) has the deep pockets to invest in a quality former-sports player/broadcaster that could BUILD a dynamic presence. You say we don't have a Dibble or McMichael - but are you telling me if Emmis hired either of those two that you would not listen because they are not from here? There would not be a lack of talent available if Emmis put the word out across this country.

Having played the game also opens the door for quality guests/friends to appear. Not just a telephone PR conversation, or "interviews" with newspaper columnists and other low-level talk hosts from other cities, being dubbed as 'experts.'

The point you refer to about lack of resources is WHY Emmis would be better for the listener that yearns for quality local sport talk - they HAVE the resources - or can pay for them.

XLW does fine for what they are - a low-level station trying to have fun with their format. But the lack of quality talent is obvious from their top of the hour sports reports, to their in-house produced promos, to their afternoon show.

But Indy deserves better. And we don't need 'controversial' hosts, just someone who has played the game, can talk from experience, and doesn't spend the entire show telling us how much he likes to EAT!

Wow Ho, that's a flashback. Yes I was the "sports director" at the old WKLU. If you would call that a "sports department." More or less, it was really just someone that could be counted on to show up on Saturday mornings at a various Central Indy McDonalds to do the local sports show ;D But as with all jobs you learn from them, both things good and bad. And cutting my teeth there, helped me learn things that helped me with my company that I own today, AudioSportsOnline.com.

But Ho, back to your point, and the origional point of this thread..."Playing the game" doesn't make me want to listen to sports talk. Cowherd is my favorite guy and I dont think he ever "played the game." I listen to him because he is entertaining. Because he knows how to make clever life observations in talking about sports. That's what makes him good. Not his broad knowledge of the sports world.

In turn, that is what Indy needs. The local guys make all their shows about being so into sports. That's all well and fine, but it is not enough to keep someone's interest 3 hours a day, every day. They don't have the ability to go outside the box and be the type of personalities that people will listen to because it is them. They just listen because it is sports talk.

What Indy athlete outside of Reggie has ever really captured the hearts of the city for being a dynamic personality? Still waiting? There isn't a good answer for that. He doesn't exist. Mongo McMichael is a legend in Chicago because of the 85 Bears. Dibbs is a legend in Cincy because he was part of the famed Nasty Boys. Indy doesn't have those celebrated teams or personalities from said teams to look upon. So in order to garner ratings in sports talk in Indy, you are back to looking for a personality that can appeal to a wide audience of people that will be able to both pull in and keep listeners.

 

[skippertthomas]

Love it! Passion on every angle... I have a plan, but I dare not share.. There is a way to improve the the local content, excitment and listener involvement, even with 5Kw AM's that have directional handicaps after dusk.... Who would talk with me and see the money with 'minor' risk (everything good has some risk, in radio)???? From some of the available talent I know, It won't cost a NYC, LA or CHI salary..... Anyone listening?????? :