Industry Views

NAB Out of Step on Non-Competes

By Walter Sabo
Consultant, Sabo Media
A.K.A. Walter Sterling
Radio Host, Sterling on Sunday

It’s tough enough for radio talent to navigate stable careers in these days of consolidated station ownership, personnel cutbacks and drastic salary reductions – but the NAB’s newly stated stance on non-competes adds insult to injury and is out of step with the interests of beleaguered professionals still hanging on for dear life in the programming sector of this industry. I understand that the National Association of Broadcasters is at heart a lobbying group representing the interests of the medium’s ownership but, c’mon – non-competes really are of another era and egregiously unfair.

This week the NAB announced that they were not in favor of the FTC ruling to ban non-compete clauses that prevent radio talent from crossing the street. The FTC is proposing the ban on non-competes for a broad section of industries compelling dozens of industry lobbies to sign a letter to Congress in opposition to the ban.

The lobbyists’ letter says that the FTC’s rule would invalidate millions of contracts around the country that courts, scholars, and economists have found entirely reasonable and beneficial for both businesses and employees. “Accordingly, we ask you (Congress) to exercise your oversight and appropriations authority to closely examine the FTC’s proposed rule-making.”

Government interference with the practices of any industry, especially in the area of freedom of competition, is never a good idea. The NAB and other industries believe banning non-competes constitutes FTC overreach. And that is a solid argument. However, the NAB also suggests that broadcasters present a unique case for non-compete clauses due to the “substantial investments broadcasters make in promoting on-air talent.” That’s where they are grossly behind the times.

Maybe in TV. But it has been decades since any radio company has made any investment in promoting their on-air talent. Do you have a $500 “name” jingle? Where are the billboards? Whatever happened to TV and newspaper ads?

Non-competes are deployed in most industries to protect trade secrets. All of radio’s trade secrets are on the air!

Walter Sabo, consultant, can be contacted at Sabo Media: walter@sabomedia.com. Direct phone: 646-678-1110.  Check out www.waltersterlingshow.com.

Front Page News Industry News

Monday, August 29, 2022

Monday Memo: Promoting Your Podcast with Email. Few opportunities to engage are more powerful than the ongoing conversation you have with followers. Consultant Holland Cooke calls it “a relationship that Pandora and Spotify and SiriusXM can’t emulate and smart radio hosts exploit well.” In this week’s column, HC lists tips from email experts. Read it here.

 

Pending Business: Electric Rapport. Radio sales pro Steve Lapa writes in today’s column about the electric vehicle legislation passed in California and what the future of electric vehicle sales may mean for marketing via radio. He says, “Although the timing on this potential marketing tidal wave is a few years away, it is worth noting early stage marketing has indeed begun. Should you sharpen the relationships and trust-building skills that will improve your chances of being on the inside track of the planning? There is always room to improve those skills.” Read his column here.

Annual WEEI/NESN Jimmy Fund Radio-Telethon Raises $3.5 Million. Pictured above is Massachusetts Governor Charlie Baker (left) on WEEI, Boston’s “Greg Hill Show” (l-r Courtney Cox, Jermaine Wiggins, Greg Hill) as the Audacy sports talk station teamed with regional sport net NESN to raise more than $3.5 million for Dana-Farber Cancer Institute during the 20th annual “WEEI/NESN Jimmy Fund Radio-Telethon.” Since its inception, the two-day event has raised more than $65 million. Audacy Boston SVP and market manager Mike Thomas says, “This was the 20th anniversary of the Jimmy Fund Radio-Telethon, and our listeners and sponsors came through like never before. To hear the doctors talk about the progress that is being made, the clinical trials that are ongoing, and to hear from patients about how Dana-Farber saved their life will forever be in our hearts and minds. There really is nothing like the two days of this fundraiser.” (Photo: 13 Photography)

Broadcasters Foundation of America Establishes Frank Boyle Memorial Fund. The Broadcasters Foundation of America announces the creation of The Frank Boyle Memorial Fund to honor the respected broadcaster and media broker who passed away Tuesday at the age of 96. Boyle began his radio career in 1953 at WJR, Detroit before joining Eastman National Radio Sales as Detroit office manager. He was soon promoted to New York office manager and continued to rise steadily, eventually becoming Eastman’s chairman of the board and CEO. Boyle founded Eastman Cable Representatives, the first national sales rep in the cable TV business and the largest for many years. He left Eastman Radio in 1979 to found Frank Boyle & Co., a well-regarded independent station brokerage and consultation company. The firm acquired radio stations in Albany, NY and Peterborough/ Keene, NH, along with a cable system outside of Binghamton, NY. Boyle served on the board of the Radio Advertising Bureau, was inducted in the Hall Fame of Broadcasting in 2006, and awarded the Giants of Broadcasting honor in 2021. He may be the only non-air talent and non-network executive or station group owner to be selected for both significant industry awards. His surviving family encourages donations to The Frank Boyle Memorial Fund by clicking here.

KJCE-AM, Austin to Co-Produce Pregame Show for Friday Night Football. Austin news/talk outlet KJCE-AM “Talk Radio 1370” is partnering with the Westlake High School football program to co-produce a pregame show prior to every Chaparrals football game this season. “Talk Radio 1370” serves as the flagship station of the team’s play-by-play broadcasts and the new show is being hosted by Joe Taylor, who serves as executive producer of the program and voice of the Chaparrals, and KJCE assistant brand manager Kasey Johns. Dubbed “ATX Kickoff, driven by Capitol Chevrolet,” the show will also feature Texas A&M play-by-play voice Andrew Monaco, University of Texas color analyst Roger Wallace and Austin American-Statesman community sports editor Thomas Jones. Audacy Austin SVP and market manager Bob MacKay says, “We’re excited to embark on this partnership with the Chaps and help bring the action home for Westlake Nation. This partnership aligns well with our expanded coverage of high school and college football each week.”

VSiN Announces New Programming; Brent Musburger to Host Weekly Show. The VSiN sports betting network announces its fall programming schedule that includes “Countdown to Kickoff with Brent Musburger,” the new show hosted by the Hall of Fame broadcaster and regular VSiN contributor since the network’s debut in 2017. The program will air Sundays from 12:00 noon to 1:00 pm ET. VSiN general manager Len Mead says, “The addition of this new programming and its industry leading talent will position VSiN to provide the growing number of sports bettors in the U.S. with expert betting insights and premium content. Led by a team of sports betting experts, including the legendary Brent Musburger, we look forward to serving sports bettors by expanding our primetime programming and producing new weekend specials highlighting the week’s biggest games.”

SiriusXM’s Tom Brady Show Returns for Second Season. The program “Let’s Go!” starring Tampa Bay Buccaneers quarterback Tom Brady, NFL All-Pro Larry Fitzgerald, and Hall of Fame Emmy Award-winning broadcaster Jim Gray begins its second season on September 5.  Sirius XM says, “In its first season, ‘Let’s Go!’ reached the top of the charts among sports podcasts and Gray, Brady and Fitzgerald will continue their compelling and candid conversations every week this fall. Brady begins his historic 23rd season in the NFL when he takes the field for the Tampa Bay Buccaneers in Week 1 and Fitzgerald is one of the greatest receivers to ever play the game. Gray has known and interviewed these two future Hall of Famers since they came into the league. Listeners will hear their thoughts on the latest news around the league, as well as their lives away from the football field. The show will also feature appearances by high-profile guests.”

Midterms/2024 Presidential Race, FBI Raid/Documents Investigation, Biden Student Loan Plan, The Economy, Oregon Shooting, Russia-Ukraine War, and Artemis Launch Among Top News/Talk Stories Over the Weekend. The November midterm elections and speculation about the presidential nominees in 2024; the aftermath of the FBI raid on former President Donald Trump’s residence at Mar-a-Lago and the classified documents investigation; criticism of President Joe Biden’s student loan forgiveness plan; inflation and concerns about a recession; the deadly shooting at a grocery store in Oregon; Russia’s ongoing invasion of Ukraine and concerns about the safety of the Zaporizhzhia nuclear plant; and the scheduled launch of NASA’s Artemis rocket were some of the most-talked-about stories on news/talk radio over the weekend, according to ongoing research from TALKERS magazine.