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Podcasting Experts React to The Hollywood Reporter’s Story on Podcast Challenges

Podcasting has grown to new heights in recent years, but that doesn’t mean everything is perfect inside the industry. In a recent story, The Hollywood Reporter asked many of the genre’s top talents what the biggest challenges and issues facing podcasting are, with many speaking candidly about their feelings.

Responses were, obviously, varied, with some talents arguing the podcast apps are not good, while others pointed to discoverability and oversaturation as some of the biggest issues facing the medium.

With those wildly different responses, we thought we’d talk to a few experts in the podcasting space to get their reactions to the points made by Ben Shapiro, Rachel Maddow, Bill Simmons, and others in The Hollywood Reporter’s story last week. Here’s what they told us.

  • John Goforth: Hubbard Radio VP/GM of Podcasts
  • Steven Goldstein: Amplifi Media CEO
  • Rob Walch: Libsyn VP of Podcaster Relations
  • John Wordock: Former Westwood One SVP and Executive Editor of Podcasts

Ben Shapiro believes the biggest challenge facing podcasting is marketing, particularly in news, where government pressure has resulted in social media platforms cutting off traffic for news shows. For brands not possessing a large budget, how do they overcome a marketing problem?

JG: By brand, I’m assuming we mean media brands (vs brand advertisers) and for them the simple answer is building community. Whether it’s a Facebook group, Discord channel, Twitter X space, or something else, establishing a place where your community can come together and have a conversation in and around your content and more is a really effective way of maintaining and growing an audience. If someone is part of the community, they’re going to engage with the content and invite other folks into the community whom they think would enjoy it.

SG: Discoverability tops the list of issues for just about every podcaster below the top 1%. It’s true on the web, streaming services and podcasting. There are roughly 400,000 active podcasts. How should a person know which ones are good? Maybe AI can help. We are seeing services like Audible amp up their own AI filtering. Early days, but we will see more effort to address Ben’s issue. More “You listened to this, you might like that.”  

RW: Podcasting is a lot like the movie industry in that word-of-mouth marketing will always trump big marketing budgets. Many of the biggest shows in podcasting will sheepishly tell you they did not do anything to promote their show. They let their audience do all the promoting. Yes, having a marketing budget is great for getting word out for a new show. But if once you stop marketing the show the numbers fall off a cliff then that show was not very good to start with.

Just like with movies the big blockbusters are what they are not because of marketing spend but because the audiences told their friends and family to go consume that content. Ben Shapiro’s show is an example of this – regardless of all the deplatforming and algorithm bias towards his show in social media his show was still in the top 5 in the news category for July according to Podtrac well ahead of shows from ABC and MSNBC that have a much more favorable bias in Social media. 

JW: Podcasters on limited budgets should use their listeners as evangelists for their shows. It all starts with the content so make sure you are producing the best quality possible. Your show should be top-notch, appealing, and yield a dividend for the listener. Then use your audience as messengers. Like what you heard? Then please get the word out. Word of mouth still plays a major role in discoverability. Every episode you publish should include a call to action: Please recommend this show to a friend. And let’s build this show together. 

Rachel Maddow says that none of the apps for podcasting are great. We don’t just need curation and charts, we need rational organization, and a meritocratic way for the best and most relevant shows and episodes to circulate efficiently. How can that be improved?

JG: Most studies agree that YouTube is actually the largest consumption platform for podcasts. So, one could argue the problem Rachel points out has already been solved, just not in podcast endemic apps. YouTube ultimately has the same core challenge, there are no gatekeepers for UGC. They solved it with good search and an insanely smart recommendation algorithm. You can go down the rabbit hole of the algorithms’ negatives, but in terms of “relevant shows and episodes circulating efficiently”, I would argue the YouTube playbook of great search and recommendation is the answer.

SG: All of the apps have issues, and in some ways it is much the same as  TV streaming apps – there is so much content and people are exhausted finding what they want. And another thing, we used to think people chose a single apps for all of their podcast listening and now, especially with younger demos, we know they have great dexterity and move from app to app. YouTube has rocketed to the top and is a giant content search engine.

RW: Apple already uses a meritocratic method for featuring shows in top charts and in search results. I doubt highly Rachel has any understanding on how Apple Podcasts works. Apple has done a great job in helping shows get a chance to be seen. The algorithms they use rewards new shows and existing popular shows. If you are a show old or new that starts to get a following you will move up in the charts. And if you are a show that has been around a long time and had many people follow your show over time you will get better placement in search results.

Apple definitely rewards those that get an audience but they still allow for new shows building an audience to be seen right next to more established shows. Apple has implemented a very thoughtful and fair system for both new and existing shows that is focused on the listener being able to discover great content regardless if it is from a big-name network or from an independent podcaster.  

JW: Don’t discount the charts. They are, in many ways, serving as the best way to find the hottest and most relevant shows right now. As I tell show creators, Apple and Spotify are giving you free advertising with their charts. So use their links, QR codes, audio players, and other marketing tools they provide. Play to their ecosystems. And find a way to bust onto those charts.

Apple Podcasts has also made considerable progress in improving discoverability through more categories and collections. We saw improvements under iOS17 thanks to the Search page. That’s the tab that looks like a magnifying glass on the Apple Podcasts app. At the end of the day, podcasters should practice sound publishing habits. Is your show really in the right category? Are you using subcategories properly? Are your episode titles strong, timely and eye-catching? 

And get ready for more improvements under iOS18. Apple is rolling out the ability for listeners to highlight parts of transcripts and then share audio clips with friends. It’s a pretty cool feature that I’m testing in beta. All iOS users should get into the habit of sharing audio clips with family and friends. “Hey Mom, here’s a clip from my podcast.”

Bill Simmons points out the issue of oversaturation, which has a negative effect on advertising. Should platforms that feature podcasts have requirements for being featured on audio platforms or expectations that determine whether a show, brand or network can remain visible? For example, if a show doesn’t hit a certain number of listens or downloads, should it still be accessible on iTunes, Spotify, iHeart, etc.?

JG: Absolutely not. The wonderful thing about our industry is the lack of gatekeepers. The amount of choice isn’t the problem, it’s how we buy, sell, and serve the advertising. Done well, there isn’t a more valuable channel. Done poorly, well we all know where that leads. But as to how to solve for the perceived problem, I look at YouTube again. Depending on who you ask there are anywhere from 30-50 million channels on YouTube. Think of those similar to RSS feeds in that it’s a specific creator posting to a specific channel that is subscribed to by some number of people. That’s 10x or more the number of active RSS feeds.

Yet YouTube as a platform doesn’t gatekeep creators (though they certainly gatekeep on the advertising side, but that’s a separate conversation). They simply establish a base threshold for monetization for the creators. If we were to put up some sort of minimum for shows to be available on any given platform, how would new creators even reach that goal if they’re de-platformed from day 1? The amount of choice doesn’t harm advertisers, people buying and selling bad campaigns does.

SG: That would assume all podcasts are focused on box office. There are thousands of niche podcasts focused on specific areas that draw an audience in their speciality whether it be woodworking, real estate or sky diving. We work with an insurance company that makes a podcast just for chiropractors. All of this should be available.  

RW: This is a very advertising-centric look at things. Most podcasts do not take advertising nor do they want to. The whole reason podcasting took off to start with was the ability narrowcasting to be practical. Shows about pig breeding or beekeeping or a minor league single-A baseball team are never going to be huge but they a very important to the hosts and their listeners.

To suggest there are too many podcasts – shows a lack of understanding of what podcasting is and also how many are really active. Sure there are 2.7 Million podcasts listed in Apple Podcasts – but only around 370,000 have 10 or more episodes and have released something in the last 90 days. 370k is far smaller than the 100’s of millions of blogs out there, the whole argument podcasting is too crowded is just not accurate.

Podcasting is not over saturated and advertisers don’t have an issue with this as they are being presented just the top 1 to 2% of shows for ad campaigns not the full catalog. Ad networks like LibsynAds work with Advertisers to make this an easy medium to buy into.  

JW: The number one challenge right now is discoverability, hands down. Spotify just said it has over six million podcasts. That’s an enormous forest with awfully dense tree cover. But how many of those podcasts are still active? How many shows have published new episodes in the last month or in the last year? I would love to have an industry-wide discussion about retiring inactive shows. A supermarket doesn’t let bread sit on the shelf and rot for a year. So should podcast apps discard old and moldy shows after a certain amount of time? It’s worth a serious discussion.

Discoverability and navigating the transformation of an industry borne out of radio as it grows and converges with video, social media platforms, and the creator economy were also mentioned in the THR piece. How can the industry address these areas of concern?

JG: The key to navigating this ever-evolving landscape is to evolve with it. If in 2024, we’re still talking about “the definition of a podcast”, we’re missing the point. People consume the influencers, media brands, and personalities they want – regardless of the platform. I like Colin Cowherd. Maybe I catch part of his show on FS1 at lunch or maybe I’m busy and I stream it at my desk. Maybe I’m in a meeting and I listen to the podcast later that afternoon. Maybe I miss all of that, but I get 2 minutes of one of his takes from the day on TikTok.

The point is I’m not making platform decisions as a fan, I’m making a personality decision and using the channel most convenient to me at that moment. We, as an industry, should go to where the fan is rather than trying to force them to come to us.

SG: Audiences are on the move. Technology is getting better at a remarkable rate for a nascent business. Just a few years ago all one heard were baked-in ads for mattresses and now there is greater and evolving sophistication with measurement and ad serving.

Like any other business, it evolves. Netscape was great, then it was gone. I teach The Business of Podcasting at NYU and students talk about “watching a podcast.” That’s how fast things have changed.

RW: Podcasting is definitely not borne out of Radio. The vast majority of shows have nothing to do with Radio. Yes there are a small vocal percentage that come out to the radio world. But the biggest shows like Joe Rogan, Lore, WTF with Marc Maron, Viall Files, Joe Budden…have zero connection to radio. 98% of podcasts are not connected to radio.

The radio industry needs to realize Podcasting is not an extension of Radio – it is its own medium that is open and free for anyone including radio to partake in. There are no gatekeepers in Podcasting which means the shows listed next to you in Apple Podcasts are much more likely to be an indie podcaster working out of a basement or garage then a fellow Radio personality in a studio.  

JW: Don’t fear YouTube and other video opportunities. YouTube is a massive search engine that has the potential to reshape the podcast industry for years to come. So learn to put this huge bullhorn to good use. You’re not making movies. You’re not making TV shows. But you should create memorable video clips that are timely and promote your podcast in a clever, seductive way. Got a smartphone? Then you have the ability to create video quickly and inexpensively, and without a Hollywood budget. 

Any final thoughts that we haven’t covered?

JG: I think there’s a key point that was missed in the article when it comes to “biggest challenges facing the industry”. Unlocking local ad revenue. The IAB projects podcast ad revenue to be over $2b in 2024. Terrestrial radio is projected to be 5x or more of that depending on who you ask. A vast majority of which is generated on the local level.

Now I’m not talking about local reps selling national shows, that’s already happening to one extent or another depending on the company. But I’m talking about local and regional content, sold locally and regionally. That’s the backbone of the radio industry and if the podcast industry wants to play in the same ballpark, we’re going to have to unlock it as well.

WCBS 880 Got All of The Headlines But ESPN New York’s Future Warrants Attention

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Shockwaves were felt across the radio industry last week. Audacy and Good Karma Brands teaming up on a business deal that helped ESPN New York and signaled the death of WCBS 880 wasn’t a move that anyone expected. Credit to all involved at both companies on keeping that one safeguarded.

The headlines last week rightfully focused on WCBS 880’s forthcoming departure from the airwaves. I’m a New Yorker so I understand the emotions shared on social media over the loss of the all-news brand. Seeing Steve Scott, Michael Wallace, Wayne Cabot and many others post farewells on social media was sad. WCBS was not only an iconic brand in the big apple, it was the 10th highest billing station in the industry in 2023 according to BIA. To put the brand out to pasture means two things – A) it must’ve been very expensive to run, and B) the Good Karma Brands deal had to be lucrative.

But this week I want to take a closer look at what it means for ESPN New York and Good Karma Brands.

First, the talk about focusing on the app and people shifting to consuming digitally sounded good, but when push came to shove, they recognized a strong signal is needed in New York City to command dollars and ears. This now gives their sellers and talent a better chance of being successful.

I’m not suggesting they’re abandoning their app strategy and focus. But being heard on the radio is still vital to business in 2024, especially in the nation’s largest market. The 1050AM signal was never going to solve their problem, and apps may be a larger part of our future but in New York City where roadways are jam packed with drivers listening to radio, being available on the dashboard on a strong signal matters.

One can make the argument that ESPN New York is still taking a step back going from FM to AM. With issues lingering about AM’s future, this doesn’t solve the company’s long-term problem for distribution. However, it does buy them time. It also puts them in a stronger place today than they were yesterday. They can continue renting rather than buying, which makes sense if they weren’t excited about paying a hefty sum to own the 98.7 FM signal, and knew the 1050 stick wasn’t the answer. They may be in a better spot but they’ll still have to rebrand, market, and restore advertising and audience confidence, while leaving open the option to reevaluate down the line.

What will be interesting to monitor is what they do next with the 880 and 1050 signals. As of now, the company is promoting airing the ESPN Radio network on 1050. Does that open the door for 880 to feature more local shows? GKB may very well operate both, and given the ESPN Radio relationship I’m sure featuring the network in the big apple is important to business. However, if Good Karma Brands is going to pay a renters fee to Audacy to broadcast on 880AM, a sale or rental of 1050AM can’t be ruled out in the future.

Recouping some capital for a stick they didn’t trust enough to serve their brand’s needs makes business sense. Whether or not GKB can entice a buyer to purchase an AM signal in New York City is another story.

I’m also intrigued to see what becomes of the 98.7 signal. Jeff Smulyan is expected to operate a music format short-term while continuing to explore a sale. I thought Red Apple Media would make a bigger move to position WABC for an FM future but so far, no go.

The New York Rangers, New York Knicks, and ESPN New York’s clients all win in this deal. They already accepted that they’d no longer be on the FM band and were preparing for weaker distribution. Now, they remain on a powerful signal, and no longer have to deal with the noise created from ‘I can’t hear you in the car.’

If there’s a loser it’s the New York Jets. The franchise leaked the news of Good Karma moving away from 98.7 and quickly rushed to Q104.3. Their games may remain on the FM band, but rock stations can’t involve franchises in content the way sports brands can. Buzz around the team in New York City will continue coming from WFAN and ESPN New York 880. Maybe that’s enough for the Jets but I think they’ll wish they had more of a connection to their flagship station M-F, especially during a season that could be good with Aaron Rodgers back.

One matter I am still surprised by is Good Karma Brands’ decision to not utilize Nielsen in its top 3 major markets. New York, Los Angeles and Chicago are the three largest cities with the greatest access to ad dollars. I get not spending for data in Cleveland, Milwaukee, West Palm Beach, and Madison, but in the big three? Nielsen’s audience measurement has many warts but it is still the currency used by agencies and large advertisers. Craig Karmazin and his executive team wouldn’t make that move unless they felt it was positive for their business. How major market advertisers react over the next year or two though will be interesting to follow.

From the Audacy side, this one has many more layers to explore.

WCBS generated just under 30 million dollars in 2023. WFAN did just over 30 million. WINS did not finish in the top 10. To kill a top-10 revenue station, you’d have to assume that the majority of those dollars will shift to 92.3/1010 WINS. You’d also have to be getting a heck of a financial deal from a radio competitor. They’re not making this move unless it reduces payroll, and adds revenue.

Where eyebrows get raised is when you consider that Audacy owns WFAN and just helped their competitor improve their position in the market. If nothing had changed from what was previously reported about Good Karma’s plans for ESPN New York, how might that have helped WFAN’s business? Selling that internally as a positive to WFAN staff isn’t fun but if anyone can, it’s Chris Oliviero.

Other questions I have are how does the company view the long-term viability of the AM band? What is their internal viewpoint of the long-term upside of WINS vs. WCBS? What did they see that convinced them that helping a competitor in the sports space in New York wouldn’t have an effect on their own sports business? And, how did bankruptcy and the company’s executive situation influence what transpired?

It’s worth noting that on Friday, Audacy asked for a forbearance agreement under the company’s Debtor-in-Possession facility. The Commissioners of the FCC are also expected to review and vote in the near future on billionaire George Soros’ Soros Fund Management becoming the company’s majority shareholder.

There’s still more to come, but for now, ESPN New York has a better solution today than it did yesterday. Audacy reduced payroll and improved its bottom line, while continuing to own all-news and the top sports brand in town. And 98.7 and 1050 still have owners but could be spun off and reap rewards in the future for those who sell.

There’s a famous saying in New York ‘the city never sleeps‘. When it comes to the the world of radio maybe it should be revised ‘always keep your antenna up‘!

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Want To Go To Spain and the BNM Summit?

Thanks to our friends at Collette, attendees to the BNM Summit have a chance to win a trip for two to Spain! The winner will be announced at the BNM Summit After-Party on Wednesday night September 4th.

Jim Edwards, VP at Collette, is setting up one on one meetings and group lunches to get to know folks better and share how Collette can help boost revenue through travel. Everyone who meets with Jim either now (via Zoom or Phone Call) or at the BNM Summit, gets entered to win. There are limited slots available, so reach out to Jim to set up a time: jedwards@collette.com or 800-222-5679.

  • Congratulations to WBEN program director Lisa Polizzi, Jeff McKay of Westwood One, Jim DeLorenzo of JHD Enterprises, Michael Demarest of Salem Media Group, and Daniel McDonald of the NAB. They are our five winners of last week’s BNM Summit ticket giveaway, which we promoted through newsletters and social media. I’m planning to run one final contest this week to give away a few more tickets. Stay tuned.
  • Additionally, congrats to Brandyn Fragosa, and Vanessa Segura. They have received free tickets to the show as part of our College Contest for DMV students. I’d still like to include a few more local students in the Jack Morton Auditorium to learn about the business and meet industry decision makers. If you can help spread the word, it’s appreciated.

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The Dan Orlovsky-ESPN Saga

I’m a fan of Dan Orlovsky’s work on ESPN. When the opportunity to do a feature on him came up, I was excited to have Derek Futterman do the story. Derek wrote a great piece, one that Dave and I were proud to publish, and were grateful to Dan for promoting it to his fans. Never did we expect a social media storm over it.

What Dan said on X on Saturday night was true. The question and answer were not focused on his ‘protect your daughters’ tweet. It was a broader issue about social media responsibility and talent reflecting a brand at all times. I know some in media circles chose to spin it differently, and I can’t control what others do with our content, but we stand by what we printed, and whether you like Dan’s response or not, he’s being sincere. I feel bad that he’s had to deal with nonsense over something others manufactured.

The only issue I had was with a response from PR to Derek over the weekend. First, if someone doesn’t like our content or approach, I’m at Jason@BarrettMedia.com. My writers are adults. They can handle some heat, but the buck ultimately stops here. Derek does his homework, and treats those he interviews with respect. He’s factual, represents people properly, and maintains good relationships. But he also knows what’s expected as a writer for us. If PR can help us, excellent. We’d prefer that. But if they’re not going to help or make it harder to gain access to key people, then we’ll pursue another path.

I try to have good relationships with PR teams but they don’t control our content, run our business, pay our people, or advertise with us. We’re not just going to talk to those you approve about the things you’re OK with. Access and an opportunity to examine relevant issues with accomplished professionals that matter to our coverage is important too. We are fair, prepared, connected, and invested. Our body of work the past nine years reflects that. If further conversation is necessary, reach out. Otherwise, onward and upward we go.

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Trending Upward

We’re a month into our rebrand, new look, and the addition of music radio coverage, and last week we recorded our best week of traffic since mid-May. THANK YOU! We’re creating 25-30 pieces of content per day, which can be hard to keep track of as a reader. It’s why I recommend signing up for our newsletters, and clicking the tabs up top to see what’s new in each section.

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News, Notes & Reactions

  • Here’s a stat that will blow your mind. Mike Felger and Tony Massarotti have not lost a single ratings book in Boston since the spring of 2012. That’s 47 consecutive ratings periods. Just as impressive, Felger shared on-air last week that he tracks each monthly and quarterly in a notebook. Mazz said he does the same in an Excel doc. Great performers care about their performance, and monitor it. I hope talent across America are paying attention. Theese guys are elite for a reason.
  • The Democratic National Convention takes place this week in Chicago, and just as we did for the RNC, Barrett Media will be providing daily recaps of media convention coverage. Garrett Searight will have you covered all week.
  • Danny Parkins signed off at 670 The Score and his final act was raising over a half million dollars for cancer research. Truly awesome. I’m looking forward to watching Danny thrive on the national stage at FS1. All eyes now turn to 670 to see who steps in alongside Matt Spiegel.
  • Opinions on talent are always subjective but from where I sit, Robert Griffin III was entertaining, interesting, and unique. I’m not sure ESPN improved by subtracting him from the roster.
  • Brandon Tierney and Sal Licata deserve credit. They’ve built a passionate, informative, and entertaining show on WFAN. Last week’s explosion from Licata over the Hawk Tua girl throwing out the first pitch at the Mets game, and Tierney egging him on was the stuff that just keeps people listening, laughing, and enjoying conversations. Well done, fellas.
  • Make sure to read Garrett Searight‘s feature on podcasting experts reacting to last week’s Hollywood Reporter story on the challenges associated with podcasting. Some great input was shared by John Goforth, Rob Walch, Steven Goldstein, and John Wordock.
  • Erick Erickson is a smart man. The syndicated news/talk show host announced plans this week to take ‘The Gathering’ to local markets in 2025. Want to get local affiliates excited about a national show on their airwaves? Bring the show to them, connect with local fans, and attract local newsmakers and advertisers.
  • A year ago this week Shannon Sharpe joined The Volume. He also signed on with ESPN’s First Take as a contributor. Leaving a high profile full-time TV job often takes time to rebuild from. Sharpe though has become a greater force post-FS1 then he was sitting opposite Skip Bayless. Whether you love his style or not, you’ve got to respect and appreciate his hustle, and ability to survey the landscape, pivot, and raise his profile and level of success.
  • Chinese tech company Kunlun Tech has launched what it says is the the world’s first AI-powered music streaming platform. Kunlun reportedly has an active user base of 400 million. The company’s new Melodio service features personalized, AI-generated music streams tailored to different moods and scenarios. How long until something like this hits the US?
  • 900 CHML in Hamilton, Ontario went dark this week. The station shut down without warning after 97 years of broadcasting. A note was then posted on social media stating that financial losses the past few years required signing off. I hate seeing that.
  • It was sad to learn of Greg Kihn‘s passing. The former artist turned morning man at 98.5 KFOX in San Francisco was often in a cubicle right outside my office when I programmed 95.7 The Game. We had a few conversations during our time in the same building, and I always enjoyed his upbeat demeanor. My condolences to his friends and family.

Joey Black Rises To PD At SiriusXM’s ‘Willie’s Roadhouse’

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SiriusXM has appointed Joey Black as the new Program Director for “Willie’s Roadhouse” channel, expanding his existing programming responsibilities for the Prime Country and Bluegrass Junction channels.

Additionally, Zach McCollum has been promoted from Coordinator to Program Director of the “Outlaw Country” channel.

Both Black and McCollum will assume duties previously held by the late Jeremy Tepper, who passed away in June.

Former NPR CEO and President John Lansing Dies

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Former NPR CEO and President John Lansing has died, the radio network has announced.

Lansing retired from the position in 2023 after four years leading the organization. Before working for NPR, Lansing served as the president of Scripps Networks, which owned stations like Food Network, HGTV, and Travel Channel.

“The Corporation for Public Broadcasting mourns the death of John Lansing. His contributions to public radio were immense, and his leadership during challenging times left a lasting impact,” said Corporation for Public Broadcasting (CPB) President and CEO Patricia Harrison. “John was mission-driven and was proud of public media’s and NPR’s service to the American people. His commitment to journalistic excellence will continue to inspire generations to come.”

In a statement from NPR, new CEO Katherine Maher, who replaced Lansing after his retirement, praised the former leader for his stewardship through the COVID-19 pandemic.

“His speed and decisiveness during that difficult period enabled NPR to maintain uninterrupted, high-quality programming at a moment when trustworthy news was a lifeline to Americans,” Maher said. “He inspired those around him with his integrity and compassion, and his loss will be felt deeply by our staff and across the public radio system.”

John Lansing was 67 years old.

KS107 Now ‘Denver’s #1 For Throwbacks And Today’

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Audacy’s Rhythmic Top 40 KQKS (KS107.5)/Denver has shifted to Rhythmic Throwbacks.

Now positioned as “Denver’s #1 For Throwbacks & Today,” the position started at 1 pm (MT) today (8/16).

A statement from Audacy read, “Starting today at 1 pm we’re throwing in more of The Throwbacks! The stars that helped build the legacy of KS, like Snoop Dog, Dr. Dre, Ice Cube, DMX, and more, will once again take center stage on the radio station.”

Give a first listen here.

FuboTV Earns Preliminary Injunction Amid Venu Sports Antitrust Concerns

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Venu Sports, the joint streaming venture from The Walt Disney Company, FOX Corporation and Warner Bros. Discovery, is facing an uncertain future following a ruling in an antitrust lawsuit. U.S. District Judge Margaret M. Garnett has granted a motion filed by FuboTV for a preliminary injunction that will impede the media conglomerates from moving forward with the streaming platform, which was supposed to launch by the fall and cost $42.99 per month. The defendants have the ability to appeal the ruling to the U.S. Court of Appeals for the Second Circuit. A full trial has yet to occur, but the Court heard five complete days of testimony from 18 live witnesses and seven over video.

The joint streaming venture was slated to include linear television channels owned by the three companies, a bundle that FuboTV argued would restrict competition and violate antitrust law. These networks would include ESPN, ESPN2, ESPNU, SEC Network, ACC Network, ESPNEWS, ABC, FOX, FS1, FS2, Big Ten Network, TNT, TBS and truTV, along with ESPN+. ESPN, a subsidiary of The Walt Disney Company, FOX and Warner Bros. Discovery would share one-third ownership in the joint streaming venture.

Counsel for FuboTV stated that it would run out of money by the first quarter of next year should Venu Sports successfully launch, thus resulting in insolvency. U.S. Sens. Elizabeth Warren and Bernie Sanders, along with Rep. Joaquin Castro, sent a letter to the U.S. Department of Justice to compel an investigation into Venu Sports in potential violations of antitrust and communication laws.

“The Court has observed each witness’s demeanor, considered the content of their testimony within the context of the documentary evidence and entire facts of this case, and heard argument from the lawyers regarding how the governing law applies to these facts,” Garnett said in her opinion and order filed on Friday. “All this, in addition to the voluminous briefing submitted by the parties, has informed the Court’s conclusion that Fubo is ultimately likely to succeed in demonstrating that the JV will substantially lessen competition or tend to create a monopoly in contravention of this country’s antitrust laws.”

Without a successful appeal, early resolution or out-of-court settlement, this preliminary injunction would remain in place until a trial, a potential date for which remains unknown. Within the testimony, FuboTV argued that Disney, FOX and Warner Bros. Discovery would be bundling 60-80% of the live sports streaming rights in the United States, something that would jeopardize its virtual multichannel video programming distributor (vMVPD).

The company also claimed that it was not granted a chance to provide a sports bundle similar to the joint streaming venture. Instead, it argued that the triumvirate of media entities was leveraging their sports portfolio to force other companies to carry other expensive and unpopular channels to obtain the licensure to the sports assets. The defendants in the case will be appealing the ruling.

“We respectfully disagree with the court’s ruling and are appealing it,” ESPN, a subsidiary of The Walt Disney Company, FOX and Warner Bros. Discovery, said in a statement. “We believe that Fubo’s arguments are wrong on the facts and the law, and that Fubo has failed to prove it is legally entitled to a preliminary injunction. Venu Sports is a pro-competitive option that aims to enhance consumer choice by reaching a segment of viewers who currently are not served by existing subscription options.”

The court explained that in order for it to grant a preliminary injunction, Fubo needed to exhibit that it would be likely to succeed on the merits of its claims and that it would suffer irreparable harm without it. Moreover, the plaintiffs also had to prove “that the balances of equities tip in its favor, and that the injunction does not harm the public interest.” The company called the ruling “significant” as it fought against three media conglomerates to create a competitive streaming marketplace for the consumers.

“Today’s ruling is a victory not only for Fubo but also for consumers. This decision will help ensure that consumers have access to a more competitive marketplace with multiple sports streaming options,” David Gandler, co-founder and chief executive officer of Fubo, said in a statement.

“But our fight continues. Fubo has said all along that we seek equal treatment from these media giants, and a level playing field in our industry. The proposed joint venture was only the latest example of anticompetitive practices that The Walt Disney Company, FOX Corp. and Warner Bros. Discovery have consistently engaged in for many years. We believe these practices monopolize the market, stifle competition and cheat consumers from deserved choice.

“A fair and competitive marketplace is necessary to provide consumers with multiple, robust and more affordable sports streaming options. We will continue to fight for fairness and for what’s best for consumers.”

Whereas FuboTV recognized the joint streaming venture as anti-competitive, the defendants felt that it would be pro-competitive as they worked to combat cord cutting. The court noted that Fubo has yet to have a profitable quarter, a trend that continued in the most recent quarter despite having 1.45 million paid subscribers and $328.7 million in total revenue. Additionally, it explained that the bonus allocated to Venu Sports chief executive officer Pete Distad is based on “subscriber goal attainment.” A metric divulged in the document is that if the service reaches 9 million subscribers by 2027, he would receive 800% of his base bonus.

“But if the JV launches, witness testimony and documentary evidence firmly establish that a swift exodus of large numbers of Fubo’s subscribers (both current and reasonably anticipated near-term future subscribers) is likely, and that Fubo’s bankruptcy and delisting of the company’s stock will likely soon follow,” Garnett wrote. “These are quintessential harms that money cannot adequately repair.”

Chris ‘Mad Dog’ Russo Guests on WFAN, Talks About His ‘Second Renaissance’ Thanks to ESPN and ‘First Take’

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As WFAN midday hosts Brandon Tierney and Sal Licata were broadcasting live from Fanatics Fest in New York City earlier today, they had a special guest pop by. It was none other than longtime WFAN afternoon host and current SiriusXM and ESPN star Chris ‘Mad Dog’ Russo who sat down and talked about a wide range of subjects in a 20-minute chat with BT and Sal.

Everything from the best Yankees player ever to whether or not the Knicks can win a championship to Hawk Tuah girl was discussed as well as Dog’s career, both now and his many years on WFAN with Mike Francesa.

About the work he is doing on ESPN’s First Take, Dog said, “Second renaissance…Stephen A. is the reason why I’m on. It’s a little different. It gives you power…See, what you say on First Take provides a form where everybody catches on to it. What you and I say on the radio…You’re dealing with your selective audience. On First Take, you get in that ESPN wheel where they send it out in clips. They send it here. They send it there. And so, you become part of the furniture, and everybody gets a little piece of it…I love doing it.”

Looking back, Russo was asked about that difficult decision he made to leave WFAN after so many years and so much success.

“It was a hard call,” he said. “You know, I probably wouldn’t have done it if it wasn’t for Mel Karmazin. I don’t know if I would have done it if it wasn’t for Howard over there. Not that I was a Howard listener prior…It was a very tough call. As it turns out, the first couple of years were tough. I think it was good for Mike because Mike could show that he could do it – high ratings without me. And I needed a different challenge. So, I think overall, I think it was the proper decision for the both of us. It was a good move at the time.”

BT then mentioned the relationship between Russo and Francesa at the time and asked, “But if the relationship was better at the time, you wouldn’t have left?”

“I probably wouldn’t have left,” Russo said.

The guys talked about whether or not splitting up Russo and Francesa was discussed at the time by the radio station. Russo said that was not something the station wanted to do and while he might have thought about it, ultimately, he did not think it would have been the right call for him.

“I’m not sure if my act would have worked in the morning, though,” he said. “Because I would have done a straight sports show…I’m not sure if it would have worked because I would have probably tried to do it along the lines of the same thing.

“I mean, I think all in all, it was the right move for me, and it was the right move for [Mike].

Oliver Darcy: There is a Plan to Grow Status Past Just One Newsletter After CNN Exit

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Last week, former CNN media reporter Oliver Darcy announced he was exiting CNN to launch his own media company called Status.

Darcy launched the new newsletter days after departing CNN. And after its launch, he was asked about what the future of the digital startup looked like and if he had any aspirations for what was next.

“Is there a vision to grow it beyond just one newsletter? Of course,” Oliver Darcy told Mediaite’s SiriusXM show Press Club. “I want to get the core product established, set up on its two feet, and that’s going to take a little bit of time. We got it up pretty quickly, given I left CNN exactly one week ago. That’s when it was announced. I want to still kind of get it standing a little firmer in the sand. But after that, yes, I would love to grow this.

“Maybe we have a podcast component. Maybe some live events, particularly for the founders who are signing up from the founder’s membership. All sorts of different things.”

The 33-year-old Darcy also shared that he is “definitely not trying to create CNN or a major institution” by launching his new media company, but did believe he was filling a void by being a one-stop-shop for media coverage curated by him daily.

RTDNA Study Shows News Radio Leaders in Major Markets Concerned About Safety of Newsroom Employees

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A new study from the Radio Television Digital News Association (RTDNA) shows news radio leaders — especially in major markets — are concerned about the safety of their employees.

Authored by Bob Papper and Keren Henderson, the report shows that overall, news directors and GMs reported newsroom employees experienced fewer attacks in 2023, that figure was substantially higher in large market newsrooms. 2.2% of leaders reported attacks in 2023, but that figure was 7% from major markets, and 4% for non-commercial news radio employees.

“While there were more attacks on non-commercial news people, commercial news directors and GMs were more likely to say that 2023 was more dangerous than 2022,” the report shows. “At 21%, major market news directors and general managers are more than twice as likely as any other group to say that 2023 was more dangerous than the year before.”

Some leaders reported listeners coming to the station with baseball bats, a brick being thrown through the station’s window, and verbal abuse and attacks being more common than physical threats.

SiriusXM Sets Democratic National Convention Coverage Plans

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As the Democratic National Convention gets set to begin next week, SiriusXM has announced its coverage plans for the event.

The network will have extensive coverage of the convention on its Progress channel. Zerlina Maxwell will take Mornings with Zerlina to Chicago for the event. Meanwhile, Michaelangelo Signorile will be on hand for convention floor interviews. John Fugelsang, host of Tell Me Everything from 9 AM-Noon ET, will anchor primetime coverage from Chicago for the network.

Additionally, SiriusXM P.O.T.U.S. hosts Steve Scully (12-2 PM ET) and Julie Mason (3-6 PM ET) will be on-location for the duration of the convention. The channel’s nighttime program from RealClearPolitics will broadcast from Media Row in on Monday through Thursday.

Finally, Scully and Mason will host nightly specials centered around the convention. Coverage from inside the United Center will begin at 8 PM ET each night, with the channel providing coverage of all major speeches live.