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.
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.
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.
the “show biz” side of his outgoing personality and large physical stature. Booked in a “Battle Royal” elimination match, “Handsome” David Gornoski snatched victory in the bout. Afterwards, Gornoski proceeded to announce his intentions to be a wrestling manager looking for the right client and serenaded the crowd with a rendition of Britney Spears’ “Oops I Did It Again.” Gornoski started his broadcasting career at iHeartRadio’s WFLA, Orlando and later, WHBO, Tampa before moving to podcasting. While he covers current events and culture, Gornoski has recently interviewed wrestling icons like Glenn “Kane” Jacobs, Mayor of Knox County, TN and fitness guru Diamond Dallas Page. Gornoski says he hopes to bridge the gap between the media world and the world of wrestling in a completely new way. He points to successful radio host and physician Doctor Asa (Asa Andrew, M.D.) whom he met at the TALKERS 2023 conference and is working with TNA Wrestling promotions as both a wrestler and ringside physician on Impact Wrestling as being a significant inspiration in his choice of this new path. 
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.
Spacciapolli states, “I first want to congratulate Dave on an incredible career. It has been a privilege to work with him over the past two years. We’re delighted to promote PJ, a mainstay at KDKA for the last 35 years. The trust he has built within our organization and with listeners and partners makes him a great fit to steward this iconic brand into the future as we grow on many levels.” Kumanchik, who has worked in multiple capacities at both KDKA News Radio and “93.7 The Fan” (KDKA-FM) as news producer and editor, morning show producer, sports producer and program director, comments, “I look forward to working with our leadership team, including Michael, to boost the momentum we have created at KDKA News Radio in the past couple of years. As the Voice of Pittsburgh, we will continue to provide news-driven talk that encourages interactions from our listeners.”
originate content using FM boosters and is intended to do so without raising the potential for harmful co-channel interference to the reception of the primary station’s signal outside the coverage area of the booster station or to previously authorized secondary stations.” GBS filed a petition on March 13, 2020, proposing to give FM broadcasters the option to use boosters to originate programming to specific zones within their stations’ service area, proposing to allow program origination for a limited period totaling three minutes per hour… During that limited period, GBS proposes that the FCC allow the booster to originate geo-targeted advertisements, promotions for upcoming programs, and other hyper-localized content, suggesting it would benefit small and minority-owned broadcasters, because potential advertisers that currently find it prohibitively expensive to buy spots reaching a radio station’s whole service area might purchase lower-cost airtime reaching a more targeted area, thereby becoming a new source of station revenue.”
ideology on an issue-by-issue basis – although infuriating his fellow Democrats on many an occasion. After leaving the Senate in 2012, he withdrew somewhat from the political spotlight to serve as an attorney in private practice and a college professor but remained outspoken on issues of politics and public policy. His most recent activities included founding the No Labels Group which condemns what Lieberman described as the “partisan polarization of our politics which prevents us from making the principled compromises on which progress in a democracy depends.” Lieberman said, “We need bipartisan leadership to break the gridlock in Washington that will unleash all the potential that is in the American people.” TALKERS publisher Michael Harrison had the opportunity to get to know Joe Lieberman very well while serving as a talk show host on Connecticut’s leading talk station, WTIC, Hartford in the early 1990s. Harrison states, “Joe Lieberman was always available at a moment’s notice to appear on the air with me during those golden days of talk radio’s modern era and it was apparent to me – as well as talk show hosts across the nation – that he wasn’t your ‘run of the mill politician’ who put party over country and avoided answering the tough questions. There was a profound honesty in his words and tone that inspired confidence, among even those who disagreed with him, that they were talking to a very solid, principles-based man.” Harrison continues, “Talk show hosts on both sides of the political divide loved him for his warmth, candor and accessibility.” Harrison concludes, “Al Gore would have been better served during his run for the presidency to have let Joe have freer reign over his media availability during the campaign, something the VP failed to do. Every request for Joe to be a guest – many of which were squashed – had to go through the Gore campaign which turned off a lot of Joe’s friends and admirers in both radio camps.”
Before the bound copy arrived – at which point all work stopped – Arbitron would send “Advances.” Even those topline numbers ground things to a halt, and had some PDs doing cartwheels, others out on the ledge. ‘Seems quaint now.
producers.” All Entries in the 2024 competition were screened online by NYF’s Radio Awards international Grand Jury of 200-plus producers, directors, writers, and other creative media professionals from around the globe and judged on the following set of criteria: production values, creativity, content presentation, direction, writing, achievement of purpose and audience suitability. Award-winning entries will be announced during the New York Festivals 2024 Storytellers Gala virtual event on April 16 at 6:00 pm ET. The virtual event will include featured global audio and video highlights, award winners’ acceptance speeches from around the world, and up-close and personal spotlights featuring some of radio and television’s most respected storytellers. All winners will be showcased on the Radio Awards winners gallery. 
‘entertainment,’ ‘sports,’ ‘travel’ etc., in accordance with Interactive Advertising Bureau (IAB) standards. With this capability, Audacy will dynamically insert ads into podcasts more precisely than ever.” Audacy chief revenue officer Brian Benedik adds, “The promise of Audacy’s cross-platform audio campaigns to deliver unprecedented reach coupled with powerful precision targeting becomes even more pronounced with the integration of contextual podcast advertising into our Ad Tech stack. Our clients are realizing better returns on their advertising investments and better outcomes for their business when they leverage our holistic audio strategies, which is why Audacy boasts one of the highest renewal rates in audio and digital media.”
Sell a local advertiser a promotion – a contest which awards a major prize from the advertiser’s inventory – to the winner who creates the best commercial for the advertiser.
program currently in development with executive producer Chris Mathis. Lane will take on a new role as host of the signature Rays pre-game show “The Inside Pitch.” He will also continue his seasonal hosting duties with the Tampa Bay Buccaneers radio network. WDAE program director John Mamola says, “We couldn’t be more excited for Ronnie and Tom as they embark on their new opportunities at WDAE. These programs promise fresh content and compelling, engaging experiences for our listeners. We will continue the legacy of high performance the hosts built as a duo and the voice of Tampa Bay sports fanatics everywhere.”
been serving as assistant program director and executive producer. iHeartMedia San Diego market president Noreen Ippolito says, “Mary has been a part of our cluster for many years and is more than ready to take the lead role of our talk stations. She’s smart, experienced, and incredibly detailed with her work.” Ayala comments, “This is an exciting time to be taking over the program director position for these brands. Each station has its own distinct flavor, and all of them are filled with great talent I’m looking forward to working with.” 
Radio programming is like any business. Our best prospects are existing customers (getting people already listening to listen more often). And – without spending a dime on outside promotion – we can if the station is known-for-knowing. Set the expectation that we have listeners’ backs and optimize the information we deliver.
president and Sara Morris is elevated to vice president of government affairs. Pigue joins iHeartMedia following seven years advising U.S. Senator Dan Sullivan (R-AK) on technology, telecommunications, consumer protection, finance, banking, budget, tax, health care and judiciary policy issues. Gonzalez most recently served as deputy director of scheduling and assistant to the chief of staff for Senator Jon Ossoff (D-Georgia). iHeartMedia chairman and CEO Bob Pittman states, “Our company is deeply appreciative of iHeartMedia’s Government Affairs team and their hard work on behalf of our company as well as on issues of critical importance to the broadcast radio industry. I congratulate Jessica and Sara on their promotions, and welcome David and Sophia to the iHeart team.”
January 24, 2024, the Group reported beneficial ownership of approximately 10.01% of the company’s outstanding Class A shares and stated its intent to acquire 20% of Cumulus. The Group has investments in other media companies, including a sizeable holding in a direct competitor of Cumulus Media. According to Investopedia, a poison pill “is a defense strategy used by the directors of a public company to prevent activist investors, competitors, or other would-be acquirers from taking control of the company. Poison pills are executed by buying up large amounts of its stock. They effectively block the accumulation of a company’s outstanding shares. Companies promise to distribute additional free or heavily discounted shares to all existing shareholders, which dilutes the shares so outsiders can’t take over the company by purchasing a controlling amount of shares.” Cumulus board chairman Andrew Hobson says, “Given the facts, the Cumulus board firmly believes it is necessary to adopt a limited-duration rights plan to protect the interests of all Cumulus shareholders. The Rights Plan is intended to enable the company’s shareholders to realize the long-term value of their investment, ensure that all shareholders receive fair and equal treatment in the event of any proposed takeover of the company, and guard against tactics to gain control of the company without paying all shareholders an appropriate premium for that control. Cumulus Media’s leadership maintains open dialogue with its investors, including the Group, and intends to continue that practice.”
When reviewing our industry’s awards such as the Crystals or Marconis there are two categories missing. They are: “Best New” and “Best Innovation.” Imagine if winners were announced for these prizes:
If 
In early December 1963, America was a very gloomy place. The assassination of President John F. Kennedy on November 22 brought the country to a virtual standstill for four days, and the emotional and psychological hangover lingered for weeks. The nation needed a dose of uplifting energy and fun, and the Beatles were the ideal remedy.
1964 WCAO Promotional Material: “Kerby Scott photo