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Risks Seen for TV Chain Showing Film About Kerry
NY Times ^ | October 18, 2004 | BILL CARTER

Posted on 10/17/2004 10:19:30 PM PDT by neverdem

Senator John Kerry could find his presidential hopes damaged this week when the 62 television stations owned or managed by the Sinclair Broadcasting Group carry a documentary about his antiwar activities 30 years ago.

But the Democratic nominee for the White House may not be the only one adversely affected.

Sinclair - the nation's largest owner of television stations, many of them in electoral swing states - is itself running a significant financial and political risk by telling its stations to pre-empt regular programming and carry the film. Already, Sinclair's decision has alienated some advertisers; enraged consumer and media watchdog groups, who are vowing to challenge its station licenses when they come up for renewal; and given pause to some analysts and investors considering the company's financial outlook.

Representatives of Sinclair did not return repeated phone calls seeking comment. But the company, whose executives have been among the largest media contributors to President Bush, has said the documentary deserves to be seen because it is news, and as such does not fall under federally mandated equal-time provisions for political candidates.

In the film, "Stolen Honor: Wounds That Never Heal," former prisoners of war in Vietnam call Mr. Kerry's 1971 Senate testimony a betrayal that prolonged their captivity. In that testimony, Mr. Kerry quoted other veterans talking about American atrocities.

The Kerry campaign has called the film a politically motivated attack that is unfair and inaccurate.

Last week, the Kerry campaign formally asked Sinclair for equal time to respond to the film, a move that could lead the Federal Communications Commission to consider whether to order the stations to allow a response.

Sinclair is no stranger to political controversy. In April, its eight ABC affiliates pre-empted the "Nightline" program in which Ted Koppel read aloud the names of American soldiers killed in Iraq. Sinclair declared the show "unpatriotic" and harmful to the war effort, adding that "Nightline'' was motivated by an antiwar agenda; it instead offered its ABC affiliates a special that debated the issue.

Earlier this year, Mark Hyman, the vice president for corporate relations at Sinclair who doubles as a conservative commentator on the company's newscasts, took a crew to Iraq to find what he called the untold positive news of the war. And after the attacks of Sept. 11, 2001, Sinclair ordered newscasters at its Fox affiliate in Baltimore to read patriotic statements praising President Bush.

But the furor over "Stolen Honor'' appears to be affecting Sinclair in ways these previous actions did not. In some cities - among them, Portland, Me.; Madison, Wis.; Springfield, Ill.; and Minneapolis - local advertisers, including car dealers, furniture makers, supermarkets and restaurants, have taken their commercials off the company's stations.

"I've decided I don't want to advertise on them," said Adam Lee, the president of Lee Auto Malls, which owns 10 auto dealerships in Portland Me., and has ordered its advertising off the CBS affiliate, WGME. "It's a public trust. It seems they're abusing it. If it were a news show and they were really trying to do a fair and balanced story on both sides, that would be a different matter. I don't think they are. That's not their intention.''

Groups, including Common Cause, the Alliance for Better Campaigns, Media Access Project, Media for Democracy and the Office of Communication of the United Church of Christ, are putting together a database listing all Sinclair advertisers and will try to persuade others to withdraw their commercials. Among those on the list are chains like Applebee's International, Best Buy, Chili's, Circuit City, Domino's Pizza, Lowe's, Papa John's, Subway, Taco Bell and Wal-Mart Stores.

The groups are also vowing to find groups in cities with Sinclair stations who will challenge the broadcast licenses of every Sinclair-owned station over the next several years. Such challenges almost never result in lost licenses, but they often result in heavy legal costs for the station having to defend them.

In addition, some analysts said Sinclair might have hurt itself in the continuing battle over loosening media ownership rules, a fight in which Sinclair has been a leader. Efforts at further deregulation were stalled this year when the United States Court of Appeals for the Third Circuit, in Philadelphia, ordered the F.C.C. to reconsider its relaxation of such rules.

A report issued by the firm Legg Mason last week cited the controversy over the film and asked the question, "Is this good for investors in terms of increasing the odds for favorable deregulation?" The conclusion: "We think not."

Blair Levin, the managing director of Legg Mason and a former F.C.C. official, added in a telephone interview, "Deregulation usually happens when you do it quietly."

Leland Westerfield, a media analyst for Harris Nesbitt Gerard who has followed Sinclair since 1998, had already listed the company as an "underperforming" stock. Now, he said, the company seems to be more at risk.

"The recoil from Democrats at the F.C.C., and frankly moderate Republicans alike, suggests that Sinclair might be harming itself short term in revenues and long term in deregulation tactics," he said. "If the company intends to curry favor with the Republican free marketers and swing the scales back toward the deregulation of media, Sinclair may have harmed its own cause by hardening the resolve of the consumer advocates."

With the documentary becoming a point of contention in the presidential race, Mr. Levin said, Sinclair could face a no-win situation. If Mr. Bush is re-elected, Sinclair has created a circumstance where the deregulation it wants would be widely interpreted as what the Legg Mason report called "the Sinclair payback provision." If Mr. Kerry wins, he might try to lead the F.C.C. to consider regulations that could hurt Sinclair's position.

It appears to have only reinforced the opinions of some F.C.C. commissioners. Michael J. Copps, a Democratic commissioner on the F.C.C., said last week that Sinclair's action was "an abuse of the public trust.''

Other F.C.C. staff members said Sinclair might be more vulnerable than other companies because of the leading role it has played in exploiting certain loopholes allowing it to operate more stations in a market than regulations have allowed. Sinclair has a number of so-called L.M.A.'s, or local marketing agreements, that permit a company to program and run a second station in a market even though it does not own it.

But the F.C.C. officials said Sinclair had L.M.A.'s for five stations with the Cunningham Broadcasting Corporation; Carolyn Smith, the matriarch of the family that controls Sinclair, has an ownership position in Cunningham. The officials said the commission had been divided over the L.M.A's originally.

The controversy of the last week comes at a time when Sinclair's stock, like that of other local broadcasting companies, has already been hammered by a sluggish advertising environment and the dashing of deregulation hopes. It has fallen 53 percent this year. It dropped 7 cents, or 1 percent, on Friday to close at $7.04, near its 52-week low of $6.87. Before The Los Angeles Times first reported Sinclair's plans to show the documentary more than a week ago, the stock was at $7.50.

But several of the company's opponents predict that the comments of analysts and defections by advertisers are not likely to affect Sinclair's executives. "They don't seem to mind being criticized or questioned," said Andrew Jay Schwartzman, the president of the Media Access Project, a group that advocates greater media regulation. He and other critics noted that Sinclair has always been an unusual company, run by a family that pays little heed to conventions in the business.

Sinclair was begun by Julian Sinclair Smith in 1971 with one UHF station in Baltimore. His four sons now oversee a company that operates in 39 markets, from Columbus, Ohio, to Tampa, Fla., and last year posted net income of $24 million on revenue of $739 million. The chief executive is David D. Smith.

Mr. Westerfield said Sinclair deserved credit for being innovative in areas like digital television and for its aggressive techniques in finding ways to expand despite F.C.C. hindrances, which have resulted in the company's owning or managing two stations in 21 of 39 markets (so-called duopolies).

"I fully credit them for that pioneering spirit,'' Mr. Westerfield said, "but not for journalistic integrity."

One journalistic flashpoint has been the centralized newscast operation that feeds many of Sinclair's stations, always including the conservative commentaries by Mr. Hyman. "Fox News sells itself as a conservative contrast to the perceived liberal media," Mr. Westerfield said. But he added, "The last time I checked, local weather and the unfortunate news events you see on local television don't conform with a left or right point of view."

The company has defended its centralized newsgathering operation in the past, arguing it is an efficient way to cut the costs of local journalism and brings news to small stations that otherwise would go without and bolsters existing newscasts with material they could not afford.

Ultimately, however, most investors care little about the politics of a company, except when it interferes with making money. Barry Lucas, senior vice president for research at Gabelli & Company, a major Sinclair shareholder, summarized his philosophy as: "Make money, not news."

"My point of view is simple,'' he said. "I am apolitical on this, but I don't like to see media companies above the fold on Page 1."

"You are dealing in a business that people in public office have some influence over,'' he added. "In this case, we are talking about a regulated business by parties in Washington, and in my estimation it does not make a lot of sense to take a sharp stick and punch it in the eye of potential regulators. Those guys at Sinclair better watch out if Kerry is elected."

Geraldine Fabrikant, Jacques Steinberg and Stuart Elliott contributed reporting for this article.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs; Front Page News; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: deregulation; documentaryfilms; documentaryprograms; industry; kerry; news; regulation; sinclair; stolenhonor; television; vietnam
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To: neverdem
I wonder how much it would take for the SBV's to be able to just put at least the most damaging parts of the film on the net for any and all to see???

After all the extra publicity the panicked Kerry is giving it - EVERYone would watch... That would give a monster landslide to Bush and there'd be no room for cries of "fraud-fraud" and months of law suits, hanging America out for world shame yet again. What would it involve?
61 posted on 10/17/2004 11:37:40 PM PDT by maine-iac7 (Dessert pot lucks on V-day)
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To: Brimack34

http://finance.yahoo.com/q/ks?s=SBGI

Forward P/E (fye 31-Dec-05)¹: 41.41
PEG Ratio (5 yr expected)¹: 1.96
Profit Margin (ttm): 6.21%
Total Debt (mrq)²: 1.70 Billion
Book Value Per Share (mrq): 2.813

Borrowed up to the gills, low profit margin and marginal P/E = bad investment

62 posted on 10/17/2004 11:38:10 PM PDT by Rain-maker
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To: Holden Magroin

Mel Gibson made a fortune off of the "bad publicity".


63 posted on 10/17/2004 11:39:18 PM PDT by WildTurkey
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To: bear11

Go to the following site to obtain the video:

http://www.stolenhonor.com/


8
this is great - but it's the democrats and others that are leaning Kerry that have to be reached...
it needs total national coverage


64 posted on 10/17/2004 11:40:21 PM PDT by maine-iac7 (Dessert pot lucks on V-day)
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To: maine-iac7
That would give a monster landslide to Bush and there'd be no room for cries of "fraud-fraud" and months of law suits,.....

From your lips to God's ears.

65 posted on 10/17/2004 11:42:36 PM PDT by LisaMalia (In Memory of Sgt. James W."Billy" Lunsford..KIA 11-29-69 Binh Dinh S. Vietnam)
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To: Timesink; martin_fierro; reformed_democrat; Loyalist; =Intervention=; PianoMan; GOPJ; ...
Media Schadenfreude and Media Shenanigans PING
66 posted on 10/17/2004 11:42:50 PM PDT by weegee (Ted Kennedy, your brother defined Vietnam antiwar protesters as traitors, giving aid to Ho Chi Mihn)
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To: Route66

May Sinclair profit despite their plans against him and may the veterans be vindicated




If Sinclair can get what he needs to hang tough - kerry will go down. After the election, the advertisers will come back. Their bottom line is their bottom line...not conviction


67 posted on 10/17/2004 11:45:28 PM PDT by maine-iac7 (Dessert pot lucks on V-day)
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To: Holden Magroin; All

You're right .. and all the noise has generated a lot of independent stations making a request from Sinclair to also show the program.

In fact, I'm thinking of calling my local independent station - who is very pro-military - and asking if they are considering carrying the documentary. Maybe all of us should do that.


68 posted on 10/17/2004 11:46:28 PM PDT by CyberAnt (Election 2004: This election is for the SOUL OF AMERICA)
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To: Dolphy; neverdem
>>"I've decided I don't want to advertise on them," said Adam Lee, the president of Lee Auto Malls, which owns 10 auto dealerships in Portland Me., and has ordered its advertising off the CBS affiliate, WGME.

Funny again... Aren't those wascally wepublicans the wons wiff all the money?

He must be a USED CAR salesman! (or else this publicity of his own will backfire and he will be in chapter 11 in six months)


69 posted on 10/17/2004 11:46:36 PM PDT by Future Useless Eater (FreedomLoving_Engineer)
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To: neverdem

Propaganda not in the sense that it is untrue but presented with the intent to pursuade others with a one-sided presentation.

The MSM does this on a daily basis and they resent like hell anybody else trying to do what they believe is a right only for themselves.


70 posted on 10/17/2004 11:49:11 PM PDT by Tall_Texan (Let's REALLY Split The Country! (http://righteverytime3.blogspot.com))
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To: TFine80; TheCrusader; swilhelm73

There is a REVIEW thread of the P.O.W. documetary

http://freerepublic.com/focus/news/1247344/posts


71 posted on 10/17/2004 11:55:25 PM PDT by Future Useless Eater (FreedomLoving_Engineer)
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To: All

Do you realize that all this hoopla by the Demwits is just going to make more people want to watch it, the same way they bought Unfit for Command because the Dems kept trashing it and stores kept trying to "lose" their copies of it. That just made people more determined to read it. Now a lot of people are going to watch and find out things they didn't want to know about Mr. Kerry.(I refuse to call a slime ball like him senator)


72 posted on 10/18/2004 12:08:33 AM PDT by calex59
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To: bear11

Thanks for the inspiration,
I just ordered the movie myself so i can show it to
as many people as possible before the elections!


73 posted on 10/18/2004 12:20:10 AM PDT by 1FASTGLOCK45
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To: neverdem

Don't worry Sinclair ( I know your not) they will come running back, they need you more than you need them.


74 posted on 10/18/2004 1:12:18 AM PDT by garylmoore (God Bless W)
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To: neverdem

I agree, it's not propaganda, it's history, the untold history the liberal media also didn't want anyone to know. I bought the dvd weeks ago at customflix.com. Mr. "I have a Plan" better fast forward to a Plan B, like go dust his senate office! It will be even better when he is voted OUT of the senate, him and Mr. Chappaquedick (sp?)there. I can only hope that the one good thing to come of Mr. "I have a Plan" running for Prez, is that his home state has learned enough about him to toss his a$$ out!


75 posted on 10/18/2004 2:45:50 AM PDT by tina07 (Bush/Cheney'04)
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To: Howlin

Any possible way we could ping this throughout Freeper world and try to give Sinclair some investment help? It looks like they've suffered massive selling of their stock ever since Sinclair refused to air Koppel's Nightline special in April that propagandized the troops deaths.

We should think of this as not just an investment, but a worthwhile political contribution. We are heavily damaged by liberal media and have so few conservatives in the industry :-(


76 posted on 10/18/2004 4:03:37 AM PDT by Tamzee (How many men in their 50's need reminders from mom about integrity?)
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To: Howlin
Should have included the chart so you could take a look... check out how it has been driven down since they refused to air Koppel's hitpiece in April.


77 posted on 10/18/2004 4:05:53 AM PDT by Tamzee (How many men in their 50's need reminders from mom about integrity?)
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To: 68-69TonkinGulfYachtClub

Here is the database used against Sinclair to boycott advertisers.
Tell them we'd like to see their ad buys increase.

http://www.boycottsbg.com/advertisers/


78 posted on 10/18/2004 4:19:12 AM PDT by listenhillary (We are defending the peace by taking the fight to the enemy.GWB)
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To: 68-69TonkinGulfYachtClub

Needs to be investigated!!
Use the censors own tools against their cause. Email all of their advertisers at once.

They say you can customise the email message. I don't trust them that you can't leave out their canned hate message. Someone could give it a try
http://www.grassrootsnation.com/sinclair/


79 posted on 10/18/2004 4:22:16 AM PDT by listenhillary (We are defending the peace by taking the fight to the enemy.GWB)
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To: neverdem
Oh, I don't know. It's running on consecutive nights (Thu. and Fri. this week at 8:00 p.m.) on the two Sinclair stations in Milwaukee (ch. 18 & 24). I'm planning on watching both, and I would never be watching those stations at those times. There are probably thousands and thousands in this market who plan to do the same.

I guess I fail to see the financial risk.

80 posted on 10/18/2004 4:26:04 AM PDT by brewcrew
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