HPS Takeover at Liberman Broadcasting Worries Long-time Staff
By Abel M. Salas
In a letter to Federal Communications Commission Secretary
Marlene Dortch and dated August 27th, a group of “concerned
employees” at Liberman Broadcasting, Inc. (LBI) have asked the head of the FCC
to exercise care and judiciousness before moving ahead with a transfer of the Spanish-language
media company’s multiple broadcast licenses to HPS Investment Partners, a
global financial asset management group.
Under the terms of a debt restructuring
arrangement approved by the Delaware U.S. Bankruptcy Court on April 17, LBI was
declared Debtor in Possession and agreed to cede lender and primary lienholder HPS
ownership and control of Liberman's media properties as well as 100% of all
new equity generated by what was previously a privately held concern.
The letter, as well as a number of supporting documents
delivered anonymously to the offices of Brooklyn & Boyle appear to confirm
what many in the Hispanic community had feared in the wake of news that
Liberman, owner and operator of ten TV stations, 17 radio stations and the Estrella
TV network had negotiated an airtight deal with the international hedge fund
giant. The compact stipulated that LBI’s principal shareholders, members of the
Liberman family file for Chapter 11.
Thus freed of looming obligations to a second
set of lenders, the Libermans would furthermore relinquish their 30-year management
role, hand over operational responsibility and ownership to HPS in exchange for
further infusions of liquidity, giving the financial capital firm free reign to
reshape and streamline the fourth largest Spanish-language broadcaster in the
U.S. in order to maximize the return for investors who had underwritten what
many industry observers have described as a less than friendly takeover.
The letter cites the aggressive imposition of changes and
the wholesale elimination of specific television programming segments and alludes
to the sudden resignation and disgruntled departure of Winter Horton, Liberman COO of 21
years in order to make way for HPS to install one of their own in the position.
“Rather than promoting one of nearly a thousand employees at
LBI to replace Mr. Horton (employees with knowledge and expertise in the
Hispanic market…) HPS imposed one of their existing board members as COO of the
company…” the letter reveals, adding that the newly appointed executive “lives
full time on the East Coast.”
According to the unnamed Liberman staffers who
drafted the letter to Secretary Dortch, at the head of the regulatory agency which
awards broadcast licenses to qualified applicants since 2002, HPS met with
management and began forcing action plans upon specific departments and
business units with expected completion dates based on their own prioritization
scheme, dates the letter make clear, that precede the actual transfer of FCC
licenses. HPS, the letter explains, began what an increasing number of
observers regard as a hostile purge on the eve of Horton’s ouster.
In the correspondence, worried long-time Liberman staff members also request a formal FCC investigation
of HPS practices, it’s “reckless disregard for established FCC rules and
principles” and even goes on to suggest that the Commission should rescind its
waiver of foreign ownership rules in the case of HPS, a waiver which was
extended by the government body to expedite the review of “the LBI [license] transfer
applications…”
Latino community leaders in and around Los Angeles fear the
worst is yet to come and point to a decline in Latino media ownership as one of
the root causes of the uptick in hate crimes targeting Latinos, many
natural-born U.S. citizens. One local observer, who withheld his name for fear
of retaliatory action from the global finance juggernaut, said ruefully, “It is
the obvious lack of Latino media ownership that has resulted in a glaring
absence of realistic portrayals and depictions reflecting our community, its
centuries-long presence in this country and its countless contributions to the growth
and development of this great nation.
“Since our stories are not proportionately
featured across the spectrum of media, most people are unaware that Latinos
have served in the U.S. Armed forces as enlisted men since before WWI and
thousands made the ultimate sacrifice as a significant percentage of the
casualties in WWII, the Korean War and Vietnam, not to mention Iraq and Afghanistan.”
At press time, several calls to the FCC for comment on the
correspondence from Liberman staff regarding the concerns address therein have
not been returned.
Abel Mark Salas is the Publisher/Editor of Brooklyn & Boyle. He can be reached at brooklynandboyle@gmail.com
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