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Showing posts with label Agreement. Show all posts
Showing posts with label Agreement. Show all posts

Sunday, June 15, 2014

Cox Atlanta Signs Agreement with WTSH

6-10-14

Cox Media Group is adding WTSH to its cluster in Atlanta with an LMA of WTSH-FM, also known as South 107.1. The Rome, Georgia station is owned by Woman's World Broadcasting with and plays country music. Cox says no decision has been made regarding any format change. CMG Atlanta Radio currently operates News WSB 95.5 FM/750 AM, B 98.5 FM, WSRV The River 97.1 FM, and WALR Kiss 104.1 FM.



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Thursday, September 26, 2013

There's Still No Agreement On Ad Insertion

9-17-13

Setting aside, for a moment, the fact that broadcasters have yet to find an industry-wide solution to seamlessly play music and commercials online, they are also far from an agreement on whether or not inserting ads into their streams is worth their time. Internet pure play companies will, of course, tell you its worth every minute of their time because they can target ads, and, because it's their bread and butter. It's their primary source of ad revenue, unlike radio which already has an abundance of over-the-air inventory.

Vendors that provide the technology will tell you radio is missing a real opportunity to make money when they choose not to insert ads. Yesterday, at the RAIN conference in Orlando, it was clear broadcasters are still hesitant to spend money and time on a technology that produces very little return.

Saga Communications has been very outspoken about walking away from ad-insertion. Executive Vice President Steve Goldstein said Saga spent a lot of time discussing it and found monetizing it wasn't easy. "It was difficult. One funeral home in Milwaukee was on during every break. Smokey The Bear commercials is not the way to go." Goldstein said it also became an issue in the traffic department so there were a number of issues that caused Saga to question the effort. "People were telling us they now have a computer at the office, not a radio. We wanted to give them the total radio listening experience."

Greater Media's Tom Bender said at the moment his company is using ad insertion but they are also using a lighter commercial load and filling with music "to create a better expereince for the online listener." That of course begs the question, why does the over-the-air listener have to tolerate heavier spot loads and the online listener doesn't?

Triton's Mike Agovino said that, other than Clear Channel, the rest of the broadcast industry has not monetized digital. "At RAIN #20 there shouldn't be such a panel. It's insanity to me. Your ability to know abot the end user is at your fingertips." He said pure play broadcasters are monetizing digital at a much better rate because they know more about their audience.

Natalie Swed Stone, who is the US Director for National Audio at OMD, questioned Agovino's statement that the panel was insanity. "I don't understand why you say we shouldn't have this panel. We're talking about how pure play continues to win." She went on to say that what used to be one budget for an 18-49 demo has morphed into a request to take that same budget and apply it to eight different segments -- that can now be targeted using online audio -- in that same 18-49 demo.

Saga's Steve Goldstein summed it up by saying broadcasters "are getting hurt because we are still in our own little box."

(9/18/2013 6:59:06 AM)
The panel that we should be having is "how come radio can't sell digital?"

Underneath all of these discussions about ad insertion is the fact that radio isn't doing a good job at selling their digital inventory. We all know what most broadcasters do- they give it away in order to get the broadcast deal. Then load up the psa's... Then complain about quality.


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Friday, September 6, 2013

SiriusXM And FOX Extend Agreement

9-3-13

The agreement between Fox and SiriusXM has been extended through 2019 and includes FOX News and FOX Business Network, and for the first time includes FOX News Talk which will be streamed on SiriusXM Internet Radio. FOX News Chairman and CEO Roger Ailes said, "Our viewers love the ability to keep the connection with FOX News Channel, even while they're in the car with SiriusXM. This agreement not only ensures that will continue but expands it to our FOX Business Network viewers and restores the FOX News Talk channel to SiriusXM subscribers on their computers and smart phones. This is good for FOX News, for SiriusXM, and for the people we both work for, the American public."



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Tuesday, August 20, 2013

SiriusXM And MLB Extend Agreement Six Years

8-19-13

Sirius XM and Major League Baseball have agreed to a six-year extension of their agreement, which will now make MLB game broadcasts available on both Sirius and XM satellite radios, starting today. All MLB games will be available for the first time to subscribers with Sirius radios on either a Premier or All Access package. All MLB games will continue to air on all XM radios. SiriusXM has been brodacsting MLB games since 2005.

"Baseball has been an essential part of our programming lineup and we're very happy to extend our relationship with MLB to deliver the games to our subscribers for many years to come," said Scott Greenstein, SiriusXM's President and Chief Content Officer. "We're especially pleased to now offer the games to SiriusXM subscribers whether they listen through Sirius radios, XM radios, the SiriusXM App, or online."



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Sunday, September 9, 2012

Prepare When Signing An Employment Agreement.

9-6-2012

In the giddiness and euphoria of getting a job, perhaps your dream job, at a radio station, what is the best way to protect yourself? Are you thinking clearly when you sit down, read the employee handbook and sign an employee agreement? Here's broadcast attorney John Garziglia with his thoughts on employment agreements and what you can do.

"While generalizing about anything in employment law is difficult, perhaps one observation that can be made is that the higher level the job, the likely greater importance of an employment agreement to both the potential employee and the potential employer.   The best way to protect yourself as the employee is to fully understand each provision of the handbook and employee agreement, and to seek your own legal counsel for an explanation of any provisions that are not fully understood, and for assistance in negotiating provisions to protect you."

"There is no such thing as a standard employment agreement.  It is not like signing up for a credit card or cable service each of which may be accompanied by a multi-page small print agreement with many irrelevant provisions that cannot be changed.  Employment agreements for different radio station employers are likely to be vastly different, have provisions that are highly relevant to your future, and have provisions that can be negotiated."

"While in interviews for a radio station position, ask in advance if you will be required to sign an employment agreement and if so, would you be able to see a copy of what you might be expected to sign.  Once an employment agreement is signed, assuming that it is enforceable under state law, the provisions of the agreement will control your relations with the employer both during and then subsequent to your employment with the employer."

"There are an almost unlimited range of subjects that might be covered in an employment agreement.  The subjects range from rate of compensation, bonuses, term of employment, services and duties to be performed, times services are to be performed, radio station rules and procedures, performance metrics, ownership of copyrightable material produced while employed including creative and social media, reimbursement of expenses incurred, fiduciary obligations to employer, confidentiality both while employed and subsequent to termination of employment, disclosure of employer materials, competition with employer after termination, health and life insurance benefits, vacations and other time-off, termination of employment, return of employer property upon termination, requirements for mediation or arbitration in lieu of lawsuits, rights to seek injunctions or other restraints against employee, rights of employer or employee to seek reimbursement of legal fees in the event of litigation, indemnification, courts in which any litigation is to be brought, and the state law under which the employment agreement will be construed, among others."

"Employment agreements for radio personalities, radio salespersons, new media creators, and managers are likely to be radically different.  What might be a vast overreach in one agreement for a particular position might be entirely suitable for another.  What might be legal for an employment agreement in one state might be prohibited in another.   Only a lawyer well versed in a particular state?s employment law can fully advise you on a particular employment agreement."

"In today?s world of internet web legal materials, employees can somewhat educate themselves on the kinds of provisions they may be facing in an employment agreement.  But, such personal research is no substitute for an attorney?s independent advice regarding the specific agreement an  employee may be asked to sign."

"An employment agreement should offer protections and definitiveness in the employee/employer relationship for both the employee and employer.  Take a look at this agreement for a radio personality:  http://www.stlmedia.net/pdf/steveshannoncontract.pdf, and this agreement for a management position:  http://www.foxbghsuit.com/B%20Akre%20Contract.htm. Are each of the agreement provisions understandable to you?  If each of the provisions are not fully understandable to you and you are presented with such an agreement, will you seek the services of an employment lawyer to assist you?"

"Keep in mind that the employment agreement presented to you by your new employer is likely to be an agreement that the employer has worked on, massaged, thought about and continually revised for many employees over many years.  A potential employee horribly shortchanges himself or herself to not give such an employment agreement the importance it deserves by having his or her own lawyer review and advise on it." 

"If your potential employer promises something, be sure to put it in the agreement in writing.  If there is something unacceptable in the agreement, or if there are protective provisions missing, just about the only time to ask for changes is prior to signing the agreement.   Read the agreement fully and carefully.  Know what each provision means.  Know what is the ramification of each provision on you.   And finally, seriously consider seeking advice from legal counsel on the specific agreement so you know what to ask for prior to signing the agreement."

John F. Garziglia is a Communications Law Attorney with Womble Carlyle Sandridge & Rice in Washington, DC and can be reached at (202) 857-4455 or jgarziglia@wcsr.com. Have a question for our "Ask The Attorney" feature? Send to edryan@radioink.com.

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Wednesday, April 18, 2012

Emmis, GRC Amend KXOS/L.A. Agreement

April 16, 2012

Emmis Communications and Mexico City-based Grupo Radio Centro have amended the agreement under which GRC operates Emmis' KXOS-FM/Los Angeles to potentially substantially reduce the price GRC will pay for the station. The original April 2009 agreement had GRC operating KXOS under an LMA for seven years, with the right to purchase the station for $110 million during that term, while Emmis could require GRC to buy the station for the same amount at the end of the term.

Under the amended agreement, GRC's "qualified designees" can purchase KXOS for $85.5 million, provided the purchase closes by March 27, 2013. If the closing doesn't occur on or before that date, the LMA stays in effect and the price reverts to $110 million.

GRC, based in Mexico City, is not eligible as an FCC licensee, and so has assigned its rights in the original put and call agreement with Emmis to qualified designees 93.9 Holdings and 95.9 LicenseCo. With the amendment, it also exercises its call option in the agreement.

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Friday, June 17, 2011

Saga Closes on $120 Million Credit Agreement

Saga President and CEO Ed Christian said, "I believe that that closing on this facility is great for our stockholders as it provides us a solid commercial banking facility upon which to build Saga's future." The facility includes a $60 million term loan and a $60 million revolving loan.  The loan facility was initially funded in the amount of $92.1 million.  The Company intends to reduce the balance outstanding by $4.1 million on June 16, 2011 leaving a balance of $88 million drawn on the combined term and revolving facilities at that time.



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