Shareholders challenge
Sinclair
Newsday
By ALEX DOMINGUEZ
Associated Press Writer
October 19, 2004, 1:47 PM EDT
BALTIMORE -- Shareholders Tuesday challenged plans by media
giant Sinclair Broadcast to air a documentary critical of
presidential candidate John Kerry's anti-Vietnam War activities,
warning that the controversy surrounding the broadcast may hurt
the value of their investment.
New York Comptroller Alan Hevesi sent a letter to Sinclair on
behalf of the state's pension fund, which he said owns shares in
the broadcasting company. San Diego attorney William S. Lerarch
also planned a teleconference Tuesday afternoon to "discuss
insider self-dealing by officers of Sinclair Broadcasting."
And Media Matters, a media advocacy group announced that it
was underwriting the costs of a shareholder action, demanding
that Sinclair Broadcast Group, Inc., provide equal time to those
with views opposed to the allegations in the documentary.
A spokesman for Sinclair did not immediately answer phone
calls from The Associated Press for comment.
The suburban-Baltimore based company has said it plans to air
some or all of the documentary "Stolen Honor" this week at
various evening hours on all 62 of its stations. Those stations
reach up to 25 percent of U.S. TV households, the company
says.
The 42-minute documentary features former prisoners of war
accusing Kerry, a decorated veteran who took up the anti-war
cause upon returning from Vietnam, of prolonging the war and
worsening their plight. Sinclair said last week it hadn't been
decided how much of the documentary would appear in the completed
show.
The Democratic National Committee has filed a complaint with
the Federal Election Commission contending that airing the film
should be considered an illegal in-kind contribution to the Bush
campaign.
Critics have also called for an advertising boycott of the
company.
In midday trading, Sinclair shares were off another 2 percent
Tuesday, dropping 14 cents to $6.35 a share on the NASDAQ
exchange. Sinclair stock dropped about 8 percent on Monday.
In his letter to Sinclair, New York State Comptroller Alan
Hevesi, a Democrat, said the $115 billion New York State Common
Retirement Fund holds 256,600 shares of Sinclair Broadcast Group
Inc. and questioned the impact of showing "Stolen Honor" on the
value of the shares.
Among the questions raised in the letter, a copy of which was
provided to The Associated Press: the cost of foregoing an hour
of commercial time to show the documentary; how many advertisers
have pulled their spots from Sinclair stations and how much that
has cost the company; and the impact on ratings.
"Given the stock's already poor performance, it would seem
that any bad news would risk reducing investor interest and,
thus, risk a lower stock price," the letter reads.
Hevesi said only three of the company's directors appear to
meet NASDAQ's independence criteria and notes Sinclair shares
have dropped from $15.02 in January to below $7, while other
stocks in the sector have increased.
"Some critics suggest that Sinclair management is more
interested in advancing its partisan political views than in
protecting shareholder value. They say Sinclair's partisan agenda
also risks alienating viewers, advertisers and regulators,"
Hevesi wrote.
"By appearing to tie the future prospects of the company so
closely to the outcome of a national election, are you adding
political risk to the normal economic and business risks that
face our company?"
Media Matters said a letter from Glickenhaus & Co., a Wall
Street firm with clients who hold stock in Sinclair, was
delivered to the Sinclair CEO David D. Smith and the company's
board of directors, demanding that they immediately "provide
those with views opposed to the allegations in the film an equal
opportunity to respond."
Smith and his three brothers are on the board of directors of
the company, which they turned into the nation's largest chain of
stations after taking over the lone UHF station owned by their
father.
Media Matters said it may seek a court order prohibiting the
airing of the documentary if an answer was not received by the
close of business on Tuesday.
"Our mission is to thwart conservative misinformation in the
media and ensure that the media offer the American public fair
and balanced access to news and information," Media Matters
President and CEO David Brock said. "We determined a stockholder
effort is the strongest remaining course of action to force
Sinclair to reconsider its decision to air Stolen Honor."
Glickenhaus & Co. General partner Jim Glickenhaus said
Sinclair's CEO and directors have a financial obligation to
shareholders.
"We are not partisan. We are investors," Glickenhaus said.
"Sinclair's decision has caused harm to the value of our
investment in Sinclair. We believe Sinclair must give equal time
to an opposing point of view. Otherwise the company is placing
its future and the value of our investment in jeopardy, by
putting the renewal of its FCC licenses at risk, alienating local
advertisers, and opening itself up to libel suits against the
company."
Copyright © 2004, The Associated Press
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