NJBA Weekly Newsletter Friday, January 16, 2009

FCC filing deadlines applicable to NJBA members

Biennial Ownership Reports are due:   By Feb. 1, Television Stations in New Jersey must prepare and file electronically an FCC Form 323 Biennial Ownership Report with the FCC. Similarly, noncommercial Television Stations in New Jersey must file a Biennial Ownership Report on FCC Form 323-E. And: February 1 – Annual EEO Public File Report:   By Feb. 1, Radio and Television Station employment units in New Jersey must place in their Public Inspection File and post on their Web site, if they have one, their FCC Annual EEO Public File Report. Copyright Royalty Fee – Annual Minimum Fee Statement of Account Form Due—By this date, commercial and noncommercial webcasters and those simulcasting radio programming on the Internet must submit the Minimum Fee Statement of Account Form and the annual $500 copyright royalty fee to SoundExchange.  The form must be submitted to SoundExchange via e-mail, file transfer protocol (FTP), or CD-Rom.  A hard copy of the form should also accompany the payment.  This $500 fee represents the minimum annual fee for all filers; additional monthly fees may be required.  Commercial and noncommercial webcasters and simulcasters must file Monthly Usage Statement of Account forms on or before the 45th day following the end of each month as well.  Additionally, commercial and noncommercial webcasters and simulcasters must file the Report of Use form on a quarterly basis.  This report is due within 45 days following the end of the previous quarter.  If your radio broadcast station is simulcast or rebroadcast on the Internet, we encourage you to consult with counsel expert in this regulatory area.

EAS Test Moved to January 21st

Due to the many broadcast stations and cable outlets covering the Presidential Inauguration on January 20th, this month’s RMT-EAS test has been moved to Wednesday, January 21st at approximately 11 am. Also, for stations monitoring NJN Television for EAS, NJN will conduct 2Required Weekly Test (RWT's) the week of January 26th. One test will be analog the other test (scheduled for Tuesday morning, January 27th) will be DTV only. 

Obama to Name Julius Genachowski as New FCC Chair

President-elect Barack Obama is prepared to name former Harvard Law School classmate Julius Genachowski as chairman of the Federal Communications Commission. Genachowski, a former senior official a the FCC, previously served as general counsel to FCC Chairman Reed Hundt during the mid-90s, and special counsel to the general counsel of FCC William Kennard, who succeeded Hundt as chairman.  

NAB, RAB Pick New Jersey PR Firm for 'Radio Heard Here'

New Jersey based public relations agency MWW Group is now the agency of record for "Radio Heard Here," the national marketing campaign launched last spring by the NAB and the RAB. The campaign is designed to show consumers the value of radio, MWW said it has been charged with "engaging consumers, advertisers, agencies, and radio insiders through a variety of dynamic media relations programs." Radio is more powerful than ever, and MWW Group will ensure marketers and consumers are tuned in to that.  

New Jersey Senator Appointed to Finance Committee

Sen. Robert Menendez was named to the powerful Senate Finance Committee today, which has jurisdiction over federal fiscal policy, which will give the Garden state a prominent seat at the budget table this session. Congratulations to Senator Menendez. 

N.J. EDA Program Aims to Ease Credit Crunch

The state's Economic Development Authority is taking applications from New Jersey small-business owners for a $50 million lending program that could leverage up to $250 million in commercial bank loans and lines of credit. The two-year lending program, authorized under legislation is geared toward businesses that have between five and 100 employees and that are doing well but have been hurt by the credit crunch. The EDA will guarantee 50 percent of lines of credit — up to $250,000 for a $500,000 line. For loans on buildings or equipment, the EDA will provide a maximum of 25 percent of the total loan amount, not to exceed $1 million — plus a guarantee of 50 percent of the bank's portion of the loan, up to $2 million. For loans to provide operating funds, the EDA will contribute up to 25 percent of the loan amount up to $750,000, plus a 50 percent guarantee. The EDA will charge 5 percent for its portion of the loans, with terms up to five years. Borrowers must be in business for at least two years.

Fairness Doctrine Opposed

In an effort to prevent Democrats from suppressing the right to free speech for talk radio and other broadcasters, both houses  introduced the Broadcaster Freedom Act of 2009 (S. 34 in the Senate, bill number pending in the House). The bill would prevent the Federal Communications Commission (FCC) from reinstating the Fairness Doctrine, which would suppress free speech by requiring the government to monitor political views and decide what constitutes fair political discourse.

Arbitron Settles Suits and gets a new CEO

Arbitron recently settled suits with the New York and New Jersey state attorney generals, which followed complaints from civil rights groups that Arbitron's new PPM system does not accurately represent key minority groups. As part of those settlements, Arbitron agreed to take actions to make the system more representative. And nearly two years after Arbitron began rolling out the PPM system as the currency of radio advertising buys in major U.S. markets, the system remains unaccredited by industry watchdog the Media Rating Council in the New York Metro market. Michael Kaczynski will replace Stephen Morris as Arbitron’s new CEO.

DTV Conversion Date Under Review

To DTV or Not DTV, that is the question. It appears the key lawmakers and the incoming Obama administration are trying to push the mandatory DTV switch date back so more consumers can apply for and receive coupons for converters. Obama's proposal, conveyed in a letter to key lawmakers by John Podesta, the head of the incoming president's transition team, has deeply divided Capitol Hill and the television industry, prompting concerns that critical decisions about the troubled changeover could become mired in political gridlock and leave even more consumers in the lurch. This move is strongly opposed by NAB and FCC chairman Martin. Stay tuned!

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