Pending Business: Non-Compete
By Steve Lapa
Lapcom Communications Corp
President
It’s complicated, this whole Federal Trade Commission ruling potentially banning the non-compete. Considering where you stand on the non-compete concept, it’s really all about evaluating the five “C” profile of your media business.
Personally, I sit at a roundtable where all sides are given equal consideration. More about that roundtable later.
First the five Cs of your media business: Company, Culture, Customers, Competition, Compensation. Let us define each.
1. Company – What is the image and reputation of your Company (management) internally?
Externally? Is your Company viewed as a destination or last resort for employment?
2. Culture – Is the atmosphere on your sales team or in your talent pool upbeat, positive performance driven, supportive, with access to key management? Is there a feedback loop that makes employee voices valued in this new world of Zoom, Teams, etc.? Is achievement recognized in a positive manner? Do sellers and talent have input into goals? Are missed goals treated like broken glass or the start of a learning curve?
3. Customers – Advertisers and audience are important customers. Advertisers, the cash register of any ad-based media model, move in only three directions – increase their spend, decrease their spend, flatline spending. Audience scale is the currency of your performing talent. Audience, like advertisers, can only go in three similar directions – increase, decrease, level off. If you are a subscription-based media entity, pay close attention to overdelivering subscriber expectations and lowering churn.
4. Competition – Keep a close eye on what your competitors are paying, how they are recruiting and what they are changing.
5. Compensation – My favorite. Have the courage to pay for performance at the high end and many of your non-compete clauses may not be needed.
Check the boxes on all five Cs in the model as outlined. Now back to my roundtable.
When you consider your company’s view, the non-compete in any media business that provides training (sales, talent, and other personnel), promotional investment, exposure to confidential research and strategies, is not simple to eliminate.
Consider the following:
1. The talent/show that is backed with a six-figure promotional campaign. Should the talent/show be allowed to seek employment at a competitor who is smart enough to realize, your company invested the money to make the talent/show a success, and all the competitor needs to do is revise compensation and lift a few restrictions? Your company’s investment could never be paid back.
2. Ever sit in on a focus group project? When the participants open the perception spigot, the bucket can fill up with verbal gold. Whomever gains access to that research and the resulting strategic change in direction has their hands on confidential information that can help drive results off the charts. How is the company’s investment in that research protected? What about the employees learning how it all works?
3. Good sales training, seminars, and off-site are not cheap, and considered an investment in all sellers and management. Should you really be permitted to walk across the street with no notice and all that expensive training in your laptop?
I’m writing this column as a roundtable, considering all sides and it is still complicated.
Steve Lapa is the president of Lapcom Communications Corp. based in Palm Beach Gardens, FL. Lapcom is a media sales, marketing, and development consultancy. Contact Steve Lapa via email at: Steve@Lapcomventures.com.
over for Greg Olsen alongside play-by-play announcer Kevin Burkhardt. Francesa is quoted saying that Brady obviously has a deep knowledge of the game but he believes Brady will struggle. “I don’t think his personality is such. I don’t think he’s going to be great at it. I really don’t. I think there’s a unique quality that you have to bring that allows you as an analyst to see the game, see the game quickly, plus bring personality into it. It’s a tricky job for the analyst in football because you’re going to spend a lot of time over replay. You’re going to spend a lot of time breaking down what happens on replay. And you also have to be very personable and glib in how you do it. I don’t see him there.” 
Soros, would become the largest shareholder in New Audacy and that Soros would “control these radio stations to advance their particular brand of activism.” Further, MRC objects saying that the FCC has an obligation to complete a full and thorough review and that the Commission is being asked to approve the change in ownership without this review, specifically 
regarding the foreign ownership issue which the MRC says would not be handled as required by Section 310(b)(4) of the Communications Act of 1935 if the Soros Group gets what it wants. It’s asking the FCC “to waive that process and put it off until sometime down the road – indicating that those foreign stakeholders will be given ‘special warrants’ in the meantime. The Soros group says that putting off the required foreign ownership review will enable the FCC to expedite its approval of the Soros applications and thus allow them to more quickly realize their ownership interests in and take over the hundreds of local radio stations across the country.” The MRC argues that the Communications Act of 1935 “does not contain a special Soros shortcut.” 
available across iHeartMedia’s broadcast, digital and podcast platforms and everywhere podcasts are heard. Talent to be heard on the platform include sports media personality Sarah Spain and WNBA legend & three-time Olympic gold medalist, Sheryl Swoopes, with more talent to be announced in the coming weeks. Deep Blue is led by agency veteran Laura Correnti as founder and CEO and WNBA legend Sue Bird as chief strategy officer. iHeartMedia chief marketing officer Gayle Troberman states, “Women’s sports are on fire and so is audio. The timing is perfect to deliver on the massive fan excitement today and most importantly use the power of iHeart’s massive audience reach to ensure women’s sports gets the attention it deserves.
Program founder Ian Freeman – who is currently in federal prison after a crypto-currency fraud conviction – thanked GCN and CEO Ted Anderson for 20 years of great syndication service. Freeman says the change will mean no recorded network inventory for affiliates and the elimination of the middleman means no more affiliate agreements. He adds that the current hosts of the program are dedicated to keeping “Free Talk Live” on the air.
Time to thank the lawyers in the Donald Trump trial for once again proving beyond any doubt the power of talk radio.
Broadcasters Foundation charitable mission exemplified by its former longtime chairman, Phil Lombardo, who passed away earlier this year. Board members, officers, supporters, contributors, and sponsors with a long history of demonstrating Lombardo’s commitment to the Foundation will be candidates for this special recognition. BFoA chairman Scott Herman says, “Phil brought the sense of urgency that is often needed to give donors an understanding of why they need to donate to our charitable purpose. He led the board for many years, overseeing significant advancements that brought in more funds, and thereby allowing us to continue to distribute financial aid to broadcasters in need.”
The Buffalo Broadcasters Association (BBA) has announced this year’s Broadcasting Hall of Fame inductees; 
Don York and Gabe Navarro – won a Golden Mike for “Best Newscast” from RTNA Southern California; Gabriel also notched a “Best Sportscast” Golden Mike. Meanwhile, Musson won her second successive Alliance for Women in Media Foundation Gracie Award for “Best Co-Host, Talk/Personality – Small/Medium Market Radio.” Pictured above (top photo right to left): Fresno Mayor Jerry Dyer; KMJ, Fresno’s Christina Musson; her husband Ralph Rendon; and Fresno City Councilman Garry Bredefeld. Also pictured above (bottom photo left to right) Fresno City Councilman Garry Bredefeld; KMJ, Fresno’s Christopher Gabriel; his daughter Cadence; his wife Wendy; and Fresno Mayor Jerry Dyer.
“Draft Legislation to Preserve Americans’ Access to AM Radio” is the title of a legislative hearing that House Energy and Commerce Committee chair 
Growing a brand is a memory game. Which message will a target consumer value, remember it and take it to the cash register? The answer is not complicated but it is complex.
about all the science any of us have been tutored in on the subject of effective frequency.
caused controversy as Berliner criticized the organization saying it “had allowed liberal bias to affect its coverage.” This comes as there is renewed interest among conservative legislators in challenging the use of federal funds for public media with allegations of editorial bias as a primary reason to end federal underwriting of media. NPR managing editor for standards and practices Tony Cavin spoke to The New York Times about Berliner’s piece and said it “mischaracterized NPR’s coverage of crucial stories.” 
involved, consistently doing the work necessary to drive meaningful change.” Farber’s long and storied broadcasting career includes her work leading the RAB for the past 12 years. MIW board president Ruth Presslaff says, “What more can be said about Erica that hasn’t yet been said? She is a strategic thinker and true trendsetter who gives generously of her time and wisdom. MIW is a better organization because of her. The industry has been enriched in countless ways because of her. What an impact this woman has made!” Farber comments, “I am deeply honored. Being recognized by such influential women in the industry is incredibly meaningful and humbling to me. I owe immense gratitude to the mentors and inspirational women who have supported and uplifted me along the way. They are the foundation of my success. My heartfelt thanks go to Ruth and the MIW Board, and to all of you who share my passion for radio and the impactful work we are privileged to do every day.”
content: Participants were presented with paired samples of AI-generated voices created using Futuri’s AudioAI and human voices. 60% of the time, they identified the AI as human. The study also found respondents open to the use of AI with many believing that AI will improve content across news, video, and audio. For example, 
president and market manager Marv Nyren says, “WLS is bigger than a destination on your radio dial – it’s a Chicago institution and treasure. 100 years ago, radio was simply sound communication via radio waves but there’s nothing simple about the impact of WLS on Chicago. WLS has been a neighbor, a friend, and a mentor for people in Chicagoland. It’s been a place where people can go for entertainment and information – and it’s been a companion to the biggest moments in history. We are excited to usher in WLS-AM’s next 100 years with Chicago’s best audio content on-air, online, on-demand, and onsite.”
the fiscal year ended December 31, 2023, with the Securities and Exchange Commission. Urban One now has 60 calendar days, or until June 7, 2024, to submit a plan to regain compliance. If Nasdaq accepts the compliance plan, the Nasdaq staff may grant the company an exception of up to 180 calendar days from the filing’s due date, or until September 11, 2024, to regain compliance. Urban One says it is working diligently and expects to file its 2023 Form 10-K within the 60-day period, which would eliminate the need for it to submit a formal plan to regain compliance.
The media headlines are dizzying these days, yet they all share one common thread. See if you can solve this puzzle.
This tribute recognizes Rotella’s pivotal role in combating substance misuse during his 14-year tenure as president and CEO of the New Jersey Broadcasters Association (NJBA). Rotella says, “One of my first official acts as the chief executive officer of the New Jersey Broadcasters Association was to aid and assist the Partnership for a Drug-free New Jersey and its ongoing mission. Now, more than ever, the good work of the Partnership is essential to educate the public in combating the insidious scourge drug abuse is on our society and community. This work remains one of our most worthwhile endeavors and I’m so very proud of their initiatives. The Partnership’s vital objective is strengthened through relationships with all community organizations across the Garden State, like the NJBA, so as to continue to be successful. It’s a privilege to be associated with the partnership and its leadership!”
media budget, adding AM/FM radio to a digital/TV plan sharply builds reach. Via Nielsen Commspoint, the media allocation planning tool, a wide range of monthly digital/TV media plans were examined. Very small, light, medium, and heavy campaigns were examined. The lightest digital/TV campaign reached 10% of the market. The heaviest reached 60%. Then a 20% allocation of AM/FM radio was introduced. The results were stunning. Across the seven monthly campaigns, from the lightest to the heaviest, the addition of AM/FM radio generated significant lifts in reach. Shifting 20% of the lightest TV/digital campaign to AM/FM radio caused reach to double. Introducing the 20% allocation of AM/FM radio to medium-sized campaigns causes reach to soar by 36% to 55%. Even the heaviest TV and digital campaign saw reach grow 20% with the addition of AM/FM radio to the plan.” 
Having written thousands of commercials and promos, I’ve become a copy connoisseur. And, admittedly, a tough grader when it comes to delivery. Sell me and you’re good.
The work-life balance concept is up for a new spin. Let us start in California.