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The Curious Case of Benjamin Bornstein

I’ve been doing some digging from various sources, and believe me, this is big! Lots of discussions, lawyers, and drama happening in Cleveland radio right now.

So, what’s it about? Well, let me tell you a little story:

When Maxwell started at WNCX, a die-hard Rover listener would heckle him over the phones. He soon figured out that when he was put on hold, he could hear the off-air discussions of everyone in the studio during songs and commercial breaks! While it wouldn’t happen all the time (my source says it was related to a setting on the board at WNCX that would change), it was frequent – almost every day. This listener recorded these off-air conversations for months, turning them over to Rover every week or so. It got to the point where the listener and his friends would come up with reasons to be put on hold (such as “I’m a trucker and I’m driving out of town, so can you put me on hold so I can continue listening over the phone?”).

Rover now found himself in possession of nearly 100 hours of private conversations. My source says he consulted with his own lawyer and Clear Channel lawyers over whether the tapes could be played on the air. The answer? Yes. Ohio (like many states) only requires one party of the conversation to be aware a recording is being made. And this wasn’t even a conversation – it was going to everyone on hold who called WNCX, which negates any expectation of privacy.

Rover hinted on the air he had some big information that would get Maxwell fired and end his radio career. Eventually he spilled the beans about what he had (and played a small portion of the tapes to show they’re real).

So why haven’t we heard the tapes? Here’s where it gets REALLY interesting. Maxwell’s ratings are beyond horrible. He’s a non-factor in morning drive, and Rover saw no reason to blow him out of the water and give WNCX the opportunity to put anything even moderately better in mornings. Smart on Rover’s part.

But, as you may recall, I blew the lid off the secret that Rover already has a deal in place to move to CBS when his contract expires in a few months. The deal and the tapes drama were happening at the same time! Rover is doing his new employer a favor by burying the tapes. A 5 year deal worth close to $5 million buys a lot of silence, even when the hatred between Rover and Maxwell runs deep.

But since Rover let out that the tapes exist, Maxwell and his agent are going CRAZY! They’ve been begging CBS to try to stop the tapes from coming out and to put their legal team on Clear Channel, to no avail. Maxwell knows Rover holds his entire life in his hands…not a good position to be in!

So what’s on the tapes? My sources (one of whom has heard some of the tapes) say it’s ugly. Racist rants, sexual harassment of fellow CBS employees, plotting to get Chunk fired, bad-mouthing of clients and management, and more. On a scale of 1 to 10 on how bad it is for Maxwell, it’s a 15.

CBS knows they’re in for boycotts, lost business, etc. Look for them to preemptively fire Maxwell quickly, whether or not the tapes get out.

Remember, CBS may have a deal with Rover to keep the tapes under wraps. But the person or persons who originally made the recordings can put them out on the internet or give them to the news or do whatever they want with them. And CBS knows this.

Everyone I’ve talked to says it’s truly one of the strangest cases they’ve encountered in the radio careers. Only time will tell how it all ends.
 
One flaw

You said: Ohio (like many states) only requires one party of the conversation to be aware a recording is being made.

However.. FCC rules clearly state BOTH parties must be aware otherwise you could be fined for airing a phone call without consent.
 
it sounds like your sources are Rover's Morning Glory.... considering that's like word for word what he said about the tapes last week, ya know when he played some of them on air...
 
Mr. French, is that you? You sure spin a very interesting tale.

I have no idea if any of it is true, but I suppose we'll find out if RMG returns to CBS Radio (98.5 I presume?).
 
Maxwell, Rover: zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.

Who cares if EITHER of them last in Cleveland (besides them)????

Trite. Dull. Boring!

Can anybody honestly say either are great radio?????
 
Tim said:
Who cares (other than Maxwell) is Maxwell's contract runs out and isn't renewed? What am I missiing?

No matter how many hours someone taped off the WNCX phone "on hold" system, it doesn't matter...his contract will not be renewed.

I get the idea there's a lot of "radio drama" here, signifying hardly anything when it comes down to it.
 
Radio is a business. Not about who's the coolest air personality.

I'm sure Maxwell is respected by many fans locally...but, the cluster is bigger than any one personality on a station with a fading format...with limited long-term revenue potential.

i.e.: If Lannigan on WMJI or Triv on WTAM sneezes...the execs at those stations worry. Otherwise, there is no air personality in Cleveland that matters THAT much to any station that I can think of. Not saying I love either Lannigan or Triv (personally, I don't). But, both kick butt in the ratings, both bring HUGE dollars to their respective stations...both have big power at their employers.

In CBS Cleveland...it's about what's best for the cluster...not any individual station.

I'm sure if he's as outstanding as many locally believe, he'll find a gig in another market, at another station where his presence makes more sense for their cluster.
 
OhioMediaWatch said:
Tim said:
Who cares (other than Maxwell) is Maxwell's contract runs out and isn't renewed? What am I missiing?

No matter how many hours someone taped off the WNCX phone "on hold" system, it doesn't matter...his contract will not be renewed.

I get the idea there's a lot of "radio drama" here, signifying hardly anything when it comes down to it.

Agreed. The story is pretty fanciful (and might have a kernel of truth, but only just)... and yet, this is all window dressing to an obvious, non-story story.

Until someone in the actual news media reports on it beyond a talk show host, this isn't real news. And even at it's potential worst (following the lines of Bombshell's post), this isn't even close to a Fig Newton scandal... or God forbid, a horrible tragedy a la Joel Rose.
 
Lanigan is about the only one "needed" as his show is a cash cow for the cluster. In fact, his show is bigger than a cash cow. I'm told Lanigans show covers the expense nut for the cluster in just six months. fond it hard to believe that CC would let Rover go back to CBS. And if he does I'm sure there's at least a 6-12 month non compete. Triv #2 most important in the market then Rover tied with Trapper & Co.
 
Here's the simpler, more realistic case of Maxwell:

Maxwell is simply getting the last month or so of his contract bought out by CBS because 1) his ratings are terrible as opposed to the rest of WNCX's dayparts (and after finally seeing the ratings a few weeks ago, yes, they clearly are and have been awful), and 2) CBS is pouring tons of money and resources into a sports talk station that will inevitably compete against his supposed target audience (and didn't even bother to consider taking him onto their lineup).

It makes no sense to keep him after August 29, when his services are no longer needed.

It could very well have been CBS' decision, simply because of his poor ratings performance, and nothing else, to cut bait and let him go. (And if you think about it, whomever negotiated the one-year deal with Maxwell in the first place REALLY made the smartest move of all. Had Max's deal lasted to 2014, it wouldn't be a pretty sight right now.)

But it is solely, first and foremost, a ratings issue. He's getting bought out at some point this week, or next. It's all just a matter of WHEN. And then we can all finally rest easily.

See, this case is pretty straightforward, and hardly curious.
 
John Baylor said:
One flaw

You said: Ohio (like many states) only requires one party of the conversation to be aware a recording is being made.

However.. FCC rules clearly state BOTH parties must be aware otherwise you could be fined for airing a phone call without consent.

Hmm. HMM.

Consider the following tidbit by Bombshell once again:

Remember, CBS may have a deal with Rover to keep the tapes under wraps. But the person or persons who originally made the recordings can put them out on the internet or give them to the news or do whatever they want with them. And CBS knows this.

Even if the news media WANTED to run them, they wouldn't be allowed to do anything, no? That takes one of the two options said phone hacker has off the table. Posting it onto the internet and hoping they get noticed without a legal entanglement is their ONLY option.

Which gets me thinking about the other interesting note from Bombshell:

Rover hinted on the air he had some big information that would get Maxwell fired and end his radio career. Eventually he spilled the beans about what he had (and played a small portion of the tapes to show they’re real).

Hmm. Wouldn't the real curious case be an FCC investigation/fine against Rover... because he aired some of the alleged tapes, that, again, were recorded without consent from both parties?

And even saying that the tapes are real... who in their right mind independently records 80-100 hours of "on hold" phone audio from WNCX's studio? Wouldn't that be... I dunno... malicious? Purposeful? Deliberate? Intentional?

The most curious case of all...
 
What if Maxwell goes after CBS for faulty equipment? My brother is a lawyer and he said he's never heard of anything like this before.

I don't think you can legally do anything considering the callers were sitting on hold hearing everything that's going on in the studio. I assuming the real Maxwell show was going on between commercial breaks. Call me stupid, but I would be kind of interested hearing what Rover has even if you're not a Rover fan.
 
becker5 said:
Call me stupid, but I would be kind of interested hearing what Rover has even if you're not a Rover fan.

You sure opened yourself there brother..Even if I liked the confrontational style "hot talk" radio (Which I don't)..This Rover/Maxwell stuff is way overkill..Cant believe people are so gullible to fall for it, or even care about it..
 
Tim said:
Maxwell, Rover: zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.

Who cares if EITHER of them last in Cleveland (besides them)????

Trite. Dull. Boring!

Can anybody honestly say either are great radio?????

+1 .....add non imaginative and copycat
 
One more....

Randy Michael's real name is Benjamin. ....just like Maxwell. Anyone ever see them in the same room at the same time?
 
Capulet said:
Tim said:
Maxwell, Rover: zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.

Who cares if EITHER of them last in Cleveland (besides them)????

Trite. Dull. Boring!

Can anybody honestly say either are great radio?????

+1 .....add non imaginative and copycat

Capulet FTW.
 
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