CBS is an ass
I wish I were in New York this week to hear Howard Stern rant about CBS, using all the words to describe them that he could not use on the air. CBS is an ass.
CBS sued Stern and his agent yesterday, charging that they engaged in misappropriation by promoting satellite before he left the air.
What a crock, what a childish humiliation for CBS and Leslie Moonves. Stern could not have been more open and the network could have stopped him anytime. Throughout that year, many in the industry wondered why they didn’t. But they didn’t. And the reason for that is apparent: They wanted to eek every last rating point out of Stern because they knew that once he left, they’d be screwed.
And screwed, they are. These idiots without ears put David Lee Roth on the air. He is an utter disaster, utterly unlistenable, and the ratings prove that. Roth has lost three-quarters of Stern’s audience and the ratings are in justifiable freefall. The picture in the precious 18-to-34 demographic — the audience that CBS built the so-called Free FM to retain — is downright devastating:
Arbitrend ratings released yesterday show that in January, Roth’s first month, WFNY’s morning share among its target audience of 18- to 34-year-olds fell from 13.8% to 1.3%. … Stern replacements in Chicago and Los Angeles, Rover and Adam Carolla, also fell sharply.
These bozos couldn’t make a podcast.
Tags: Howard_Stern
March 1st, 2006 at 5:41 am
Of course ratings feel after Stern left, about 3 million people signed up for Sirius -DUH! And you don’t have to be in NY to hear him! Fact is, anyone who replaced him would have lost massive listeners as all the experts say. Roth actually had more shares than all the other replacements combined! Sounds like this guy is paid off by Stern like most of the media!
March 1st, 2006 at 8:34 am
Jeff- Howard is shot out of a cannon this morning. Drop me a line and I’ll send you some MP3s…
In other entertainment news- Radio industry mag Friday Morning Quarterback (and other outlets) are reporting that Senators Jay Rockefeller (D-WV) and Kay Bailey Hutchison (R-TX) have proposed legislation that will broaden the FCC’s scope to cable and Satellite TV.
Link- http://www.fmqb.com/Article.asp?id=180189
March 1st, 2006 at 8:41 am
I know nothing of the situation - any chance there was something in Stern’s contract prohibiting the promotion of a competitor? And it just took CBS this long to get the case put together (not unreasonable, given legal processes)?
March 1st, 2006 at 9:59 am
Jeff,
It’s “eke,” btw. “Eek” is what a monkey says.
March 1st, 2006 at 10:23 am
Jeff, when will you admit “you are paid off by Stern like most of the media”?!?!
Seriously, CBS had plenty of opportunity to stifle Stern. I don’t see how this will hold up in court considering they controlled the flow of electricity into his microphone and could have, at any moment, pulled the plug.
CBS is the dog in the manger.
March 1st, 2006 at 10:28 am
This opens up a significant can of worms for CBS. Even if it wins one penny from Howard Stern, CBS opens themselves up to “payola” investigations and class action suit. I base this on the following:
1) Stern used CBS to promote his move to Sirius
2) CBS owns the liscense and controls all content going out over it’s air
3) CBS is beholden to protect that liscense
4) If Stern is found liable for accepting specific pay (which arguably he may be) it is still CBS’ responsiblity over what happens on air.
5) If CBS accepts any settlement, even one dime, it has in fact become the beneficiary of non disclosed for pay endorsement, thus opening themselves up to action taken by FCC and listeners of the show.
6) Non disclosure of paid advertising is a no no. CBS in going after this veiled advertising is putting themselves in a position of beneficiary of such actions.
Again, CBS had control over the “dump button”. It was their responsibility and theirs alone. Any mention of Satcasting could have been dumped.
Just another in a long line of strange behaviors on CBS’ radio executives’ watch…
Oldies to Jack- Fastest growing demographic is 50+, 2/3rds of the nations wealth in 35-64 demographic, 1.6 Trillion dollars in spending power, Most likely to no adapt iPod and Internet Radio, most likely to use traditional media…. It was a sales problem at Oldies not a programming problem. Radio is growing more and more irrelivent to the under 34 set…
The choice of Jack as a format? The great thing about personalisation of music is just that, personalization of music. A radio format is not an iPod.
Odd choice in using “cult of celebrity” as replacement for Stern in East. A moring show with a B list celeb???
Odd behavior but what do we expect from a 30 day mentality, Wall Street reactionary radio division… Odd indeed…
March 1st, 2006 at 10:43 am
“CBS is an ass.”
Can a thing be an ass?
March 1st, 2006 at 10:53 am
I am always amazed that it doesn’t matter how many millions of times it has been done, the fighting ‘the man’ gag still works.
John Podhoretz nails it over at the Corner this morning. Stern must be paying Moonves to sue him. Since Stern doesn’t apparently want to make his new bosses at Sirius ‘the man’ due to his fat paycheck, his stock options, and his obvious fawning over how great they all are, Stern needed another ‘the man’. And glory be!, his old bosses can still be ‘the man’ if he can just get them to sue him so he can play the martyr even longer for his fans that apparently never tire of the gag.
But I guess it is the same people who also believe politicians who go around claiming that they ‘will fight for you’.
March 1st, 2006 at 11:33 am
CBS is really the hole in the ass. Remember the crap about running a story suggested by an average person, a nonjournalist? Yeah…that worked out really well.
Can CBS really be an ass? Yes Jeff, CBS is a dumbass.
March 1st, 2006 at 12:01 pm
Again, CBS had control over the “dump buttonâ€. It was their responsibility and theirs alone. Any mention of Satcasting could have been dumped.
Stern was suspened for 1 or 2 days due to his excessive mentioning of Sirius while he was still on CBS.
My guess is that Stern will lose because he never mentioned that he would get an accelerated bonus based on Sirius growth through the end of 2005 while he was talking about Sirius on CBS. This changes it from Stern talking about what he will do after his CBS contract to him having a financial incentive to increase Sirius subscribers. If he didn’t have this accelerated payout, then there would be no case.
March 1st, 2006 at 12:10 pm
Correct Mike, likely so… But if CBS takes one dime, they have in fact become the benificiary of concealed advertising and non disclosed advertising. They will open a can of worms that they do not want to open…
March 1st, 2006 at 12:16 pm
When Letterman left NBC, did he promote his new CBS gig?
March 1st, 2006 at 1:40 pm
Stern needs conflict to camouflage his boring mind. CBS provides.
March 1st, 2006 at 1:51 pm
When I go home for spring break, I am going to have to find a new radio station. Free FM (formerly Krock to me) has lost my interest. I went to that channel for Stern and rock music, not and all talk radio.
March 1st, 2006 at 2:07 pm
Laurence your question is full of crap. Letterman’s show isnt about Letterman, its about the guests and the bits. Stern’s show is about him, his life, his frustrations, his successes.
Stern was on the air for over a year talking about Sirius. For most of that year he called it “eh eh eh” to work with CBS in not “promoting” the sat system.
If CBS felt uncomfortable with Stern’s content (and high ratings, and high ad dollars) during that last year they could have easilly released him from his contract - something Stern asked for nearly every single day.
Instead theyre acting like pussy ass bitches because their grand scheme of replacing the king of all media with two dudes whove never done morning radio has blown up in their face.
its clear, CBS is sick of Pajamas Media being the biggest laughingstock in “media”.
March 1st, 2006 at 2:19 pm
Wrong.
CBS didn’t know about the incentive deal at that time. Did you? Had Infinity been aware of the incentive deal (which Howard was apparently obligated to disclose, but chose not to) they would have had every reason to disallow his promotion of Sirius on their airtime. Since he intentionally kept them in the dark, their response was different. The stock payout for subscriptions that Sirius credited to Stern prior to 1/06 means that he worked to fulfill an incentive term with Sirius prior to the end of his contract with Infinity.
Why is this wrong? Isn’t that their right under the contract that they had with Stern?
Funny, Howard now wants to rip Infinity, but Infinity gave Howard the outlet to become what Howard has became. It’s easy to forget, but few companies had the balls to take the risk Infinity did back in the day. As much as I liked Howard, I really think Howard owed Infinty better. He could have been a bit more classy, but instead really stuck it to Infinity.
O&A for the win.
March 1st, 2006 at 3:35 pm
“CBS didn’t know about the incentive deal at that time. Did you?”
Well, yes, I did. I’d suggest you read the document filed with the SEC by Sirius on 10-6-2004 (address: http://www.sec.gov/Archives/edgar/data/908937/000095011704003548/a38488.htm).
Please note the following line from the filing:
“We are also obligated to make substantial stock-based incentive payments under the agreement if we significantly exceed agreed upon year-end subscriber targets during the term of the agreement, or acquire material amounts of subscribers during the term directly and trackably through Stern’s efforts. ”
CBS might not have liked this, but they cannot claim, as they have, that they were unaware that Stern had any financial incentive to plug his new employer. From the moment Stern signed the Sirius contract he had incentive to advertise his move, regardless of the date of the payout. Again, CBS was aware of this but chose to keep him on the air.
March 1st, 2006 at 4:04 pm
I was a corporate VP/Program Director for a small group of radio stations several years ago. I had a highly paid morning team. One of the guys got a great offer to move to West Palm Beach. When he told me I took him off the air, paying him off, letting him come in and sit around the office and do production (that’s recording spots).
When someone says they are going to a competitor, you take them off the air to avoid this kind of stuff.
Though CBS did have their corporate hand on the dump button, if they didn’t like anything Howard Stern said they could have dumped him.
CBS did not dump him. The idea was how much more money could we make off this guy (typical radio sales-gm thinking).
And sure all the folks that replaced him are getting killed in the ratings. Why, that’s pretty simple…You can’t ever replace a legend, the only one who did and had higher numbers was Greaseman in DC when Stern went to W N BC. Considering the other talent on CBS’s radio stations like Don and Mike in DC for example, who they already pay a nice chunk of change to..the options at the time did exsist to replace Stern when he said I am going to the bird.
At the end of the day it comes down to money.
March 1st, 2006 at 4:07 pm
Will this lawsuit be the next excuse for Howie to do “sub-par radio” as he has admitted to doing over the last decade? I hope this won’t keep him too busy to revolutionize satellite radio - like re-recording old bits so that Artie is featured instead of Jackie. Although, $12.95 a month and crappy hardware might be a bargain if we get to hear this has-been lose his mind. “Hoo Hoo, Robin, I invented Lenny Bruce…Tell ‘Em Fred!”
March 1st, 2006 at 4:44 pm
There is an important part of this agreement which is not shown above. The filing states that the contract commences on Jan 1, 2006. CBS has every right to believe that the accelerated payout was only for efforts taken during the term of the contract (i.e. Jan 1, 2006 through Dec. 31, 2010). Since Stern is getting an accelerated payout for his efforts from 2004-2005, which is before the contract commenced, CBS has every right to claim that he used his position at CBS to make additional profit by promoting Sirius.
March 1st, 2006 at 5:32 pm
“… CBS has every right to claim that he used his position at CBS to make additional profit by promoting Sirius. ”
they might be able to claim it, but it wont hold up.
CBS put Stern on two huge CBS shows - 60 Minutes and Letterman - right before he left knowing full well that he was going to talk about Sirius. they heard him talk about Sirius aka “eh eh eh” for a year on their radio air.
anyone who turned on Stern during any point of last year would know within minutes that Stern was leaving censored radio and going to Sirius. and everyone knew that Stern would benefit if Sirius was successful once he got there.
this is CBS being lamer than normal and being whiny babies because they are in last place in LA and 13th place in NYC. CBS is doing far more for Stern now than they ever did when he was around.
this is the farewell party that Stern never got from his old bosses. nice work, douches.
March 1st, 2006 at 5:56 pm
On another note… Are there any SEC violations here?
March 1st, 2006 at 6:02 pm
Violations abound in non disclosed advertising. If CBS takes a penny from Sirius or Stern they are now benefiting financially. A case of pumping stock probably would not hold up as, to my knowledge Stern did not promote the stock…
March 1st, 2006 at 6:21 pm
Howard’s now going to be paying Infinity/CBS for being able to work at satellite, where nobody hears him or cares. Look for Stern to melt down into a whimpering pool of fluid before the year’s out. Maybe he and the ‘whack pack’ can go out and do comedy dates together…the crowd at Giggles will increase from 12 to 63…
March 1st, 2006 at 6:34 pm
Stern, O&A, and all of the other successful radio formats learn to flesh out the personalities of the staff so people can listen and enjoy humerous banter among friends. You get used to feeling like they’re more real than just radio personalities and there’s a connection. Lovelines is an example of a different format from Stern’s but it still relies on the personalities of its hosts and guests.
The only personality DLR has developed in this poorly thought out FM radio experiment is that of an incessant blatherer. Also, does he even have a staff? He’s got the guy that jams out with his guitar between breaks and Animal, whatever it is he does. Thus the DLR show has no personality and therefore no one will get that connection and want to listen. Did no one at CBS who is managing the DLR show realize this simple fact? I no next to nothing about radio and yet I’ve got more of a clue than they do.
There is no substance in this show. Pray for a quick death.
March 1st, 2006 at 6:36 pm
What Stern Did Wrong
March 1st, 2006 at 8:42 pm
Before Stern went to Sirius, satellite radio was an underground thing whose highest numbers were in the hundreds of thousands, whereas terrestrial radio has the rest of the country with a estimated 250 million citizens. Say satellite has 500,000 listeners in January 05. Terrestrial radio has the other 200 million. So much for competition.
For over 20+ years, Howard has talked about what happens in his life: from his ex-wife’s pregnancies, a miscarriage, sex life or lack of one during the making of his movie, a brief foray in one-night stands, to his now relationship with Beth. Talking about his job- from being annoyed by the dumps for excessive use of the word “bitch”, to commenting on company policy such as cutting back the comission of the sales department, and the well-known confrontation during his WNBC days which was shown in his movie. When Infinity picked up Stern in the 80’s, they knew what they were getting.
CBS is like the whining brat of a kid during recess. When his team is losing during a kickball, he cries “No fair. You cheated” Once Stern’s contract with CBS was over in December ‘05, he is no longer responsible for what happens during the morning shift at K-Rock, or his other affiliates.
March 2nd, 2006 at 8:32 pm
Oh I LOVE jackasses like Steve from Yellowstone and ct that fall all over themselve to tell everyone else how Stern’s show sucks. Good Christ, guys, DON’T LISTEN. And man, that’s easier than ever now since you’d have to PAY to do it. Morons. Why hell would you even CARE ?
March 3rd, 2006 at 11:55 am
Sherard, you dumb jizzrag, we already DON”T LISTEN. We gave up on Howie when he stopped being funny, but that doesn’t mean we give up the right to comment when we hear how much further into hackdom he has fallen.
March 3rd, 2006 at 2:04 pm
You’re still a jackass, Steve from Yellowstone.
March 3rd, 2006 at 4:19 pm
[...] While I find myself disagreeing with Jeff Jarvis more and more recently, he is dead right on this post. The Viacom/CBS lawsuit against Howard Stern isn’t just bad law, it’s an absolutely tone-deaf PR move. CBS sued Stern and his agent yesterday, charging that they engaged in misappropriation by promoting satellite before he left the air. What a crock, what a childish humiliation for CBS and Leslie Moonves. Stern could not have been more open and the network could have stopped him anytime. Throughout that year, many in the industry wondered why they didn’t. But they didn’t. And the reason for that is apparent: They wanted to eek every last rating point out of Stern because they knew that once he left, they’d be screwed. And screwed, they are. These idiots without ears put David Lee Roth on the air. He is an utter disaster, utterly unlistenable, and the ratings prove that. Roth has lost three-quarters of Stern’s audience and the ratings are in justifiable freefall. Posted by: Rick Ellis on Mar 02, 06 | 3:14 pm | Profile [0] comments (0 views) | [0] Trackbacks [0] Pingbacks [...]
March 4th, 2006 at 10:03 am
I am always amazed that it doesn’t matter how many millions of times it has been done, the fighting ‘the man’ gag still works.
John Podhoretz nails it over at the Corner this morning. Stern must be paying Moonves to sue him. Since Stern doesn’t apparently want to make his new bosses at Sirius ‘the man’ due to his fat paycheck, his stock options, and his obvious fawning over how great they all are, Stern needed another ‘the man’. And glory be!, his old bosses can still be ‘the man’ if he can just get them to sue him so he can play the martyr even longer for his fans that apparently never tire of the gag.
But I guess it is the same people who also believe politicians who go around claiming that they ‘will fight for you’.
Youi and Jpod have your heads up your asses if you really believe Stern paid Moonves to sue him for fraud.
March 5th, 2006 at 11:36 am
Steve from yellow stone said “Sherard, you dumb jizzrag, we already DONâ€T LISTEN. We gave up on Howie when he stopped being funny, but that doesn’t mean we give up the right to comment when we hear how much further into hackdom he has fallen.”
Umm if you don’t listen then how do you know his show is no good.
You must be a fundie..I can see it from 12000 miles away …
(and oh please.. don’t tell me you have listened for a few minutes here
or there.. you have gotta listen to at least 2 or 3 weeks worth before
making an INFORMED OPINION) ….
March 11th, 2006 at 5:48 pm
[...] : Howard has been promising to continue his I Hate Les Moonves tour — following Moonves’ childish, wasteful, stupid suit against Stern — on Letterman’s show Monday. But isn’t Letterman on CBS? Yes, but Howard says Moonves can’t order Letterman around. Except Derek just alerted me that on the Letterman site, Vin Diesel is listed as the guest on Monday, not Howard. [...]
March 14th, 2006 at 9:08 pm
Anyone who favors a corporation over an individual is mixed up and foolish. Howard Stern may have millions and I never fully agreed with some of the explicit content he used to make the dough but one thing he has always been is honest. It’s obvious he believes in the whole truth even if it’s dirty. On Letterman I think he looked like he was standing up for the common man. Speaking about reputation and honor instead of money. Greed sure isn’t a part of him. Those of us with open eyes will never fail to remember how corporate America is the down fall of our country and it is directly connected to large government and is the sole reason why progress for the people is very stunted because of money. Don’t bad mouth Stern unless it’s for the content on his show.
March 15th, 2006 at 1:59 am
The Sirius contract indicates Stern is going to get a stock bonus for the term of agreement which starts 01/01/2006 and for year end targets being met. If Stern would not accept his current bonus based on 2005 growth, and wait until end of 2006 to get his bonus, all this would fall away. The reality is he could still win the case, and keep the current bonus based on the CBS dump button, law of waiver (allowing employee to do something wrong without firing) etc… but it will just cost Stern more money to fight.