MEDIA / KEVIN BRASS : ‘Lites Out’ Name, Format Are Caught in Tug of War

“Lites Out,” the name of KIFM’s popular Valium jazz format, is a point of contention in negotiations between the station’s interim operators and the group of local businessmen expecting to take over control of the station.

Lee Mirabal, spokeswoman for AFC Broadcasting, said her group owns the “Lites Out” name. They purchased it along with other assets, she said, when they took over as interim operators of the station in 1986, after the Federal Communications Commission stripped the license from the previous owners.

In October, a group headed by former KIFM general manager Bruce Walton merged with another group and reached an agreement with the 15 other applicants for the license, virtually ensuring the new entity would be awarded the license. Although approval of the new licensee is still pending, Walton has opened negotiations with Mirabal and company to purchase the station’s equipment.

Mirabal also wants Walton to purchase the “Lites Out” name and hire AFC as consultants to program the music.

However, Walton counters that “Lites Out” is a commonly used name in the public domain.

“They do not own ‘Lites Out,’ ” Walton said. “It’s a generic phrase used on radio stations throughout the country.” If he concedes that the Mirabal group owns the words then the negotiations will turn to the value of the catchy name, said Walton, the general sales manager of KCBQ-FM (Eagle 105).

Mirabal said two San Diego stations have already shown an interest in using the “Lites Out” name and hiring AFC to program the format, which she plans to syndicate nationally.

Clearly, Walton and Mirabal have plenty to discuss. They plan on meeting Tuesday morning.

“Chicagoland Radio Waves” publisher Stan Peters was more than a little upset when he received a copy of the first issue of San Diegan Alan Palmore’s “On the Radio” magazine. Palmore had used several phrases almost verbatim from Peters’ copyrighted magazine.

“As we travel across the AM and FM radio dials in the San Diego area, an immense discovery takes place: at our fingertips exists a wide diversity of radio stations . . . ,” Palmore wrote. Insert “Chicagoland” for “San Diego” and it’s the exact same lead Peters used in a “Publisher’s Note.” Several other passages were equally similar, including Palmore’s editorial policy to “inform and entertain, never to criticize,” which he repeated in this column. Palmore made no mention of Peters or his publication in the issue of “On the Radio.”

Peters and Palmore had talked several times, and Peters said he willingly offered his assistance to the fledgling publication. But he said he stopped short of giving Palmore permission to use his words.

“He requested copies of the magazine and then he took license to take whatever was written there,” Peters said. “It’s not the Great American Novel, but I don’t think that just because he was putting together a radio magazine that gave him the right to lift material.”

Palmore initially said he will print an apology to Peters in the next issue of his magazine, which he expects to publish in January. Later, he called back to say that he might not publish an apology, and angrily emphasized that he believed Peters had verbally given him permission to use the material.

“We talked a long time,” Palmore said. “I thought we had a verbal agreement that I could use what he had, and he could use what I had.”

The locally produced Video File magazine has gone to the great magazine scrap heap in the sky. The November issue was the last for the monthly magazine Bob Walcher started six months ago . . . Walcher’s wife, public relations agency owner Laura Walcher, will begin a regular column for San Diego Home and Garden in January entitled, “The Flip Side.” It will look at people with “vocations that don’t have anything to do with their avocation” . . .

It’s heartwarming to see the warm and cozy relationship between Mayor Maureen O’Connor and San Diego Tribune columnist Alison DaRosa getting even warmer and cozier. Madame Mayor recently gave her old pal a front page scoop when she invited her to join her slumber party with the homeless. Now the mayor has recommended the journalist for a seat on the Downtown Marketing Consortium . . . News of the mayor’s recommendation even prompted San Diego Union columnist Tom Blair, DaRosa’s predecessor at the Tribune, to point out DaRosa’s “close and consistent coverage” of her buddy the mayor . . . Speaking of Blair, he’s taking his radio act from XTRA-AM (690) to KCBQ-FM (Eagle 105) beginning in January . . .

The folks at KGTV (Channel 10) are giddy about the advance Arbitron ratings released this week for the key November ratings period. The 5 p.m. Channel 10 news inched a little further in front with a 15 rating and 35 share, compared to Channel 8’s 12 rating and 28 share, and Channel 39’s 5 rating and 13 share. Rating points reflect the percentage of total households watching the show, while a share is the percentage of television sets actually turned on at that time.

At 11 p.m., Channel 10 is dominating with a 9 rating and 35 share. Channel 39, which has been focusing its big push with its new format at 11 p.m., is virtually tied with Channel 8 with a 5 rating and 20 share. Of particular delight for Channel 10 is the dominance of Oprah Winfrey at 4 p.m. The new slim-and-trim Oprah pounded the wimpy “Geraldo,” posting an 11 rating and 35 share, compared to Geraldo’s 4 and 12. The complete Arbitron book is due out this week, along with the Nielsen book, which often tells a slightly different story . . .

Also in the ratings game: Over at KGB-FM (101.5), they’re pleased with the results of the latest Birch book. The rock station posted a healthy 13.5 share, well ahead of KKLQ-FM (Q106) at 10.8 and XTRA-FM (91X) at 8.8. The little-used Birch book tends to skew more toward young people than the traditional Arbitron ratings, since Birch actually calls people, instead of asking them to keep diaries . . .

Channel 39’s “Third Thursday” will focus on the airport issue Thursday at 6:30 p.m. Once again, the show will be on the fourth Thursday of the month. Around the station, the show has been renamed “On Any Thursday” . . .

Several of the big-name movies released this month in order to be eligible for Academy Award consideration won’t make it to San Diego for a few weeks. “Accidental Tourist” is not scheduled to open until Jan. 6. “Mississippi Burning” and “Talk Radio” are not due until Jan. 13 . . .

Channel 10 purposely has committed to only one episode of Roger Hedgecock’s new talk show. They definitely want Hedgecock, but they’re wary of former press secretary Mel Buxbaum’s ability to produce the show.