2010 A.D.

Wow-- the OUGHTs went fast! As the new decade begins, there is a lot going on in Washington and broadcasters have every right to be concerned. As members left DC in late, late December, many broadcaster issues were left on the table because health care sucked all of the oxygen out of the nation’s Capitol in the final weeks before Christmas recess. LPFM, Performance Tax, National Broadband Plans, Spectrum Allocation, SHEVRA, Media Ownership Rules, Net Neutrality, the Federal Shield Law, and new Advertising Taxes and Regulations are but some of the issues the NJBA will be monitoring, and that’s just in January. The NJBA will also be in contact with our representatives this month to reiterate our strong concerns over the negative impact that many of these proposals, especially the Performance Tax, would have on the ability of New Jersey radio stations to continue serving our listeners. Congress returns to the Capital on January 19th ---Happy New Year! 

N.J. Creates 'Silver Alert' System

New Jersey became the 11th state to create an emergency system for finding missing elderly residents with Acting Gov. Richard Codey’s signature on a bill creating the Garden State’s Silver Alert system. It will take effect in July. While the new legislation looks similar to AMBER Alerts for missing children, the NJBA lobbied hard to avoid the dilution of the AMBER Alert’s effectiveness by removing the use of the EAS for such alerts and using a best practices approach to the law’s implementation working with local law enforcement and broadcasters from around the state.   Information about a missing elderly person believed to be in imminent danger would be broadcast on television and radio stations and posted on electronic highway message boards. The Silver Alert system is already in use in Colorado, Georgia, Illinois, Kentucky, Michigan, North Carolina, Ohio, Oklahoma, Texas and Virginia. 

BMI and ASCAP Agree to Temp Fee Reduction

On Christmas Eve, BMI joined ASCAP in agreeing to a 7% temporary reduction in music license fees. That gives BMI, the performing rights organization, and broadcasters time to keep negotiating. Also like the recent ASCAP deal, it’s in two stages. First there’s the 7% lower provisional fee. Thereafter, the “provisional fee” will be replaced by an “interim fee.” That will eventually be superseded by the final fee ruling, which will be retroactive. The NJBA wishes to thank Bill Velez at the Radio Music License Committee for his tireless efforts in this on-going process, which now moves to the Federal Rate Court, which is venued in the Southern District of NY. 

FCC Pushes Back Deadline for Filing Form 323

On December 23, 2009, the Commission released an Order announcing that, due to technical difficulties; it was temporarily suspending the use of the new FCC Form 323 and, as a consequence, was postponing the January 11, 2010 deadline for the filing of Biennial Ownership Reports for commercial broadcast licensees. The Commission stated that it would announce the reactivation of the new form and the new filing deadline in a subsequent Public Notice. The Order states that the Commission “will temporarily suspend the ability to start a new biennial Form 323 during this interim suspension period but will allow filers to complete and file forms that they have already started should they wish to do so.” The Order also states that the new filing deadline will be at least 90 days from the date that the new form is made available for new biennial filings. 

Radio Remains the Backbone of EAS

There has been a lot of banal talk about alternate EAS delivery systems lately, but the specious argument that suggests the same is contradicted by recent studies showing our nation’s increasing devotion to local radio. Nothing will ever replace local radio as the nation’s premier medium for free information and entertainment. The NJBA recently sent a letter to Homeland Security Secretary Janet Napolitano to urge her to recommend the inclusion of FM chips in all cell phones to augment the EAS and provide local content to consumers. The NAB and NJBA continue to push for further innovation in radio and television to build a strong future for broadcasting. Recently, 60 House lawmakers also sent a letter to Napolitano and FCC Chairman Julius Genachowski encouraging the adoption of FM radio as a feature in mobile phone handsets. The NJBA welcomed this development and will continue working to educate the Commission and members of Congress about the benefits of incorporating FM radio in mobile phones. Radio's digital transition is also proceeding with new devices and more content. An EAS Summit will convene in Washington later this spring bringing together broadcasters, government and law enfacement leaders from around the country.  

First Annual Philip J. Lombardo Charity Golf Tournament Set for April 11th in Las Vegas

The Broadcasters Foundation of America announced that it is re-naming its Spring Golf-Outing Fundraiser after BFA Chairman Phil Lombardo. Phil is the founder and CEO of Citadel Communications, and has been a major player on the national broadcasting scene for many years, especially as NAB Joint Board Chair, and BFA Chairman. He is also one of the most important (and largest) contributors to the Broadcasters Foundation, which helps broadcasters in real financial need, and their families. BFA President Jim Thompson announced that the first annual Philip J. Lombardo Charity Golf Tournament will take place on the Sunday before the Spring NAB show opens in Las Vegas – April 11, at the Bali Hai Golf Club. Phil and Jim hope that all broadcasters, and indeed, all friends of broadcasting, will take part in this fun filled and most worthwhile Foundation fundraiser in Las Vegas. To register your foursome or learn more about the important charitable work of the Broadcasters Foundation of America visit their website at www.broadcastersfoundation.org  

Gov-Elect Prepares for Inauguration with Prayer

God knows, he’ll need it in New Jersey as the new administration faces daunting hurdles even before it takes command in less than two weeks.  Newark Archbishop John Myers announced that an inaugural mass for Gov.-elect Chris Christie will be held the day he is sworn in as New Jersey’s 55th governor, at 9 a.m. at The Cathedral Basilica of the Sacred Heart in Newark. The swearing in is set for 11:30 a.m. at the War Memorial Building in Trenton. Christie, a Republican, will be the sixth Catholic to serve as governor since 1776. The Garden State’s first Catholic governor, Democrat Richard Hughes, took office in 1962 and four of the seven governors who followed him were Catholic. 

Greater Media’s CEO Calls 1st Quarter Critical for Radio

Peter Smyth characterized this year's first three months as "the most critical for radio in recent times. Smyth say’s that “In radio, every first quarter is a battle to prime the revenue pump, but this one stands out as the most critical Q1 in years." Greater Media’s CEO writes in his January "Corner Office" column that he feels Q1 2010 is so important "because it was a year ago in January that we first saw the seismic shift in business that became the Great Recession." The next three months, he writes, will "stack up as a bellwether for our success throughout 2010." Smyth provides a checklist for Q1 success, recommending, among other things, that sellers update key and target accounts and strategies, learn about the integrated marketing solutions, and look at revenue projections for industries on their lists. Smyth's checklist for product staffers includes, "Think through all of the component segments of an integrated strategy, including on-air, on-site, social networking, and interactive tools that can help get the key message points to your most loyal listeners." Check out the entire story on their web site at: www.greatermedia.com/corner/index.html.  

2010 Service to America Awards – Entry Deadline March 2
Every day, broadcasters serve their local communities. They provide a lifeline in times of crisis and disaster relief in the aftermath; they raise money and awareness for people in need and for charitable causes; and they participate in community events and donate airtime to support community issues. On one special night each year, broadcasters are acknowledged and thanked for their outstanding service to their communities. Showcase your station's commitment to localism. Submit your Celebration of Service to America Awards entries today. The deadline for entries is March 2, 2010. For more information, including award categories, criteria and rules for entry, go to www.nab.org/servicetoamerica.

Codey Furious Over Newark Airport Scare

Senate President and acting Gov. Richard Codey called for the resignation of U.S. Homeland Security Secretary Janet Napolitano. "Based on the handling of this entire affair, I think it’s time for (her) to consider stepping down and making room for an individual with more law enforcement and counterterrorism experience to take the reins at the Office this entire episode was handled poorly, from start to finish." Codey served as governor while Gov. Jon Corzine was out of state for the holidays. "In New Jersey, we’ve seen firsthand the cost of terrorism from the September 11 attacks, and we’ve been rightfully outraged over political appointees involved in our own State’s security and anti-terrorism efforts," Codey’s letter said. "We live in dangerous times, and we cannot afford mistakes when it comes to state or federal homeland security decisions." This week, senior Assistant U.S. Attorney Charles McKenna was named as Gov-Elect Christie's choice to direct the state Office of Homeland Security and Preparedness.  The NJBA is hopeful that the new administration and legislature in Trenton will step up efforts to restore New Jersey’s ailing EAS and increase public awareness efforts to assist the Garden State’s OEM on-going preparedness mission. 

Sliwa in NJ Morning Line Up Again

Curtis Sliwa told New Jersey’s Tom Taylor that ever since he was pushed out of mornings at Citadel’s WABC, New York (770) by the return of Don Imus, he’s wanted the privilege of doing wakeups somewhere else in town. He’ll get that chance on Salem’s “Apple”, Hackensack, its conservative talk channel WNYM at 970 on the AM Dial. Sliwa most recently did evenings on WABC and lost the slot to John Batchelor. He’ll start doing mornings at WNYM on January 11, succeeding the SRN-syndicated Bill Bennett. The NJBA wishes Curtis good luck at his new, New Jersey home. 

Not a Puppy Love for Broadcaster Osmond

He’s serious about being a broadcaster. Donny Osmond is the latest “marquee talent” on Citadel Media’s 24/7 AC service. Donny’s show starts January 18 and he is confident it will be a success since; after all, he’s been in show business since before he started school. Along with his broadcasting stint, the recent Dancing with the Stars winner will continue to perform with his sister Marie at their nightly show at the Flamingo in Las Vegas, which has just been extended through 2012. Donny understands he’ll be in front of a microphone a lot for the Citadel Media daily show.  But remember, Donny’s no stranger to hard work, and has made (and remade) a successful career for himself for almost five decades (are we all getting that old?) and will do the radio show partly from Vegas, partly from Salt Lake City, and partly from Los Angeles. Donny knows that “if I want a successful radio show, I’ve got to work really hard.” Amen to that. The NJBA wishes Donny continued success as he joins the ranks of our great profession.

Limbaugh Live on Radio Again

Rush Limbaugh returned to the air from his stint in a Hawaiian hospital for chest pains and was back behind his famous “EIB” microphone this week. While tests showed he did not have a heart attack and has no signs of heart disease, Rush was rushed to the hospital after complaining of chest pains while playing golf. At a press conference last week Limbaugh said "The pain was real, and they don't know what caused it." Rush thanked his loyal fans for their concern and good wishes during this health scare. The NJBA joins in wishing Rush good health and continued radio success.

New COBRA Rules Affect Broadcasters

On December 19, 2009, President Obama signed into law the Department of Defense Appropriations Act of 2010 (the “2010 DOD Act”), which extends the maximum period in which employees who were involuntarily terminated may receive a subsidy on premiums for continuation health care (“COBRA”) coverage from nine months to 15 months. The law also extends by two months, to February 28, 2010, the period in which the termination of employment may occur in order for the employee and his or her covered family member to be eligible for the subsidy. Employers are required to provide notice of the extension to eligible individuals, including those currently receiving COBRA coverage and those who allowed their COBRA coverage to lapse when their original subsidy period expired prior to the enactment of the new law.

New Governor Seeks Everyday Hero Nominees

The Jersey Journal reports that Gov.-Elect Chris Christie is seeking nominations of everyday heroes in communities across the state. The theme of Christie’s inauguration Jan. 19 is “Rebuilding New Jersey Together: Pride through Service and Community,” and during the event the new governor plans to honor everyday heroes. “Tell us who your New Jersey hero is and how he or she is making a difference right here at home,” the inauguration Web site says. Broadcasters should consider “Nominate the man or woman who has dedicated his or her time and efforts to making New Jersey a better place to live.” To nominate your hero visit the inauguration web site:

http://www.nj.com/hudson/index.ssf/2009/12/new_jerseys_new_governor_is_se.html

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