NJBA Weekly Newsletter Friday, February 5, 2010

EAS Congressional Staff Briefing a Success

NJBA President & CEO Paul Rotella, along with a team of his NASBA Colleagues, held a joint briefing for Congressional and Senate staff on the Emergency Alert System on Capitol Hill this past Monday. Committee staff from the House and Senate Homeland Security and Commerce Committees, as well as the individual telecommunications legislative advisors for New Jersey Members of Congress attended the briefing. Over several years, it has become apparent that there is a significant lack of understanding of the nature, mission and operation of the EAS. This briefing comes at a particularly significant time since New Jersey may lose its EAS capability depending on what happens with NJN and the archaic system we have in New Jersey. Rotella also met with key legislators regarding the EAS problem and will be meeting with the new administration in Trenton next week to discuss the critical situation further. The NJBA has been advocating for the installation of a new, fully functional modern EAS infrastructure to serve the residents of the Garden State and will be working with Trenton and Washington to focus their attention on this critical need.

NJBA and NAB Presidents Meet in DC

On Friday, NJAB President Paul Rotella sat down with newly installed NAB President Gordon Smith in Washington to discuss the many important policy initiatives that the NAB and NJBA are working on together. Paul and the former Senator from Oregon had a lot to talk about, and they were joined by NAB EVP for Radio John David, as well as the new Senior VP for State Associations, Sue Keenon, who was appointed to this latest NAB position as part of the Nab’s and Senator Smith’s outreach initiative to all state associations to work in concert with NAB goals and objectives. Also in the room were a host of NAB officers and staff to discuss the recent resurgence of activity surrounding the Performance Tax and other anti-broadcaster legislation.  Paul also briefed the team about the concerns the NJBA has with HD Radio Power increase. It was a very positive and friendly meeting in which both the NAB and NJBA reaffirmed their strong commitment to each other’s continued success and to explore new and novel ways to help each other in the future.

HD Radio gets a Power Boost

Despite the comprehensive emergency attempt by the NJBA to protect NJ radio stations from interference from any HD Radio Power increases, the FCC’s Media Bureau released an Order on Friday allowing most FM stations to substantially increase HD power. The Order allows almost all FM stations a 4x HD power increase (6 dB) with procedures by which many stations will be able to increase power up to 10 dB. There is an interference remediation procedure for documented interference occurring within a station’s protected contour (60 dBu contour for Class A; 57 dBu contour for Class B1; or 54 dBu contour for Class B).  There is no remedy for any interference occurring outside of a station’s protected contour, which is a contradiction to the premise that stations serve markets, not contours. While the NJBA has supported the HD Radio enterprise, we are concerned about the potential for interference the new power increase may generate, which may harm our in-state broadcasters. NJBA General Counsel John Garziglia, Esq., says that “New Jersey FM Stations may very well be the test-bed for both the potential for interference, and for the FCC’s interference remediation procedures.  The stations that are most likely to immediately increase their HD power are those located in the top 10 markets.  With most NYC and Philadelphia stations throwing their interfering contours over wide swaths of New Jersey, and given the short-spacing already endemic to so many New Jersey FM stations, it will be New Jersey FM stations that will most likely bear the brunt of NYC and Philadelphia market HD power increases.”

FM Translators Up For Action in New Jersey

The FCC has scheduled an auction of various outstanding FM, AM and FM translator applications, some of which have been pending for 16 years.  Of relevance, an FM translator for either Manahawkin or Warren Grove, NJ, is up for auction with the minimum bid of $500.00 This auction public notice may be a "clean-up" in preparation for resumed processing on the many still pending mutually-exclusive FM translator applications for New Jersey filed back in 2003.  After the FCC acts on the pending FM translator applications, it is expected that the FCC will open a filing window for LPFM applications. Please consult the FCC’s Website at www.fcc.gov for more information.

FM Chip Makes Smart Phones Smarter

Another Smart Phone has been put on the market that includes an FM Chip which will allow for its user to receive FM broadcast signals from local broadcasters. PhoneNews reported that the new HTC WiMax smart phone marketed as the “Supersonic” will operate on Google’s Android 2.1 platform and will include a real FM radio receiver. The inclusion of FM chips in all cell phones has been a goal of the NJBA and President Paul Rotella has communicated the urgency and importance of this industry wide initiative to augment the EAS and provide local content to consumers. “It appears to be a growing trend that is both consumer and industry driven”, said Rotella, “Today’s cell phones are becoming yet another version of the ubiquitous transistor radio. It keeps people in the know while they are away, traveling, or on vacation, and the FM chip provides free news and entertainment.” Rotella added: “It will definitely be a benefit to the phone companies as well as their customers who want to enjoy radio wherever they go.”

Metro Traffic Plane Lands On New Jersey Turnpike

At least he pulled to the side of the road. That’s what a Metro Traffic plane did when it made an emergency landing on the New Jersey Turnpike Monday morning just south of Exit 4 in Cherry Hill, after a low oil-pressure indicator came on, AP reports. The plane had Metro traffic reporter Mike Lankford on board providing radio and TV traffic updates. No one was injured in the incident; a Turnpike Authority spokesman said, "The plane landed, [the pilot] taxied it over into the shoulder. We can't even get motorists to do that when they break down." Traffic backed up for about a mile and a half in each direction, the spokesman said. The FAA is investigating the emergency landing.

Greater Media CEO Applauded Broadcasters Efforts in Haiti

In his monthly "Corner Office" on the Greater Media website, CEO Peter Smyth cites the remarkable efforts made by local radio in the aftermath of the earthquake that crippled Haiti on January 12. Peter acknowledges the invaluable contributions broadcasters are making in the disaster relief efforts in Haiti’ “…on the island itself, it is the local radio stations who swung into non-stop action for the survivors, providing information about the rescue mission and where to find food and water, and reconnecting a terribly dislocated community." Smyth recounts how some stations broadcast from make-shift studios in the streets, while others relayed information from those who were trapped in the rubble of crushed buildings to rescue workers. It is significant to note that the U.S. military distributed tens of thousands of solar and crank-operated radios throughout the region for earthquake survivors to get up-to-the-minute information about relief efforts. Smyth writes, "Broadcasters are there; they're going through the agony with their listeners, and they're trying to help the best they can. How many times have we heard this same dynamic play out, whether it was Katrina, the tsunami, floods, or tornadoes? Every time, broadcasters immerse themselves in the task at hand: to save lives with immediate, widely distributed, and easy-to-hear information." This shows the value of EAS and the partnership broadcasters have forged in helping respond to emergencies and disasters whenever and wherever they occur.

Clear Channel Radiothon To Benefit St. Jude's

Thirty-two Clear Channel stations nationwide will hold local radiothons to raise money for St. Jude Children’s Research Hospital, one of the world’s leading centers for the research and treatment of pediatric cancer and other catastrophic diseases. This year for the first time, their group of 32 radio stations will hold their respective radiothons on the same days, February 11 & 12.  Clear Channel says these stations combined to raise over $4 million last year, and they plan to come through again this year. Clear Channel points out that like most organizations, St. Jude has not been immune to the effects of the economy. So, they remind us that, now more than ever, St. Jude needs the support of radio listeners to continue its mission of finding cures and saving children.

Don't Use Popular Terms In Advertising Without Permission

Remember "Super Bowl", the "Olympics" and "March Madness" Are Trademarked Terms. David Oxenford, Esq., reminds broadcasters that, “with the Super Bowl and the Winter Olympics less than a week  away, and March Madness not far behind, we once again need to remind our members that all three are trademarked terms, meaning that their use, particularly for commercial purposes, is limited.” The trademarked terms should not be used in commercial messages except by authorized advertisers.  These advertisers have paid big bucks to be able to say that they are an Olympic sponsor, or that they are having a Super Bowl sale.  The holders of these trademarks enforce them rigorously (so that they can get the big bucks from the official advertisers), so don't risk their use without official permission.  This does not prevent all use of these terms.  News reports about the events can still be given.  DJs can still chat about who is going to win the Super Bowl, or about the latest judging controversy in Ice Dancing at the Winter Olympics.  But don't try to commercially exploit these terms (e.g. saying that you are "The Jersey Shore’s March Madness station") unless you have really paid for the rights to use the trademarked term.  Be careful, as a cute promotional idea can end up costing your station far more than you intended. 

NJBA Takes Part in Chamber Event in Washington

NJBA President Paul Rotella met with many of our legislators, including Congressmen Pallone, Sires and Payne, US Senators Frank Lautenberg and Bob Menendez, as well as many national and state officials and business leaders while in Washington last week, attending the NJ Chamber of Commerce’s Annual Train Ride to Washington Dinner on Thursday evening. Chamber President Joan Verplanck was commended for once again organizing a successful event that brought Federal and State legislators, policy makers, and leaders from New Jersey's business, association, civic, non-profit and political circles, together to mix and mingle, and  promote the overall business climate in New Jersey. And it was very informative with commentary from many Garden State luminaries including former Gov. Byrne, EPA Chief Lisa Jackson and Chamber Chairman Dennis Bone from Verizon. But you really haven’t lived till you have heard Senator Lautenberg recount his experience at the Lady GaGa concert he attended with his grandchildren for his 86^th birthday last week! Happy Birthday Senator! The NJBA congratulates Joan and the entire Chamber staff and membership for making this upbeat event meaningful, productive, and a lot of fun.

Get Ready for First Joint NAB/RAB Radio Show
The NAB and RAB Announced that the 2010 Radio Show will be held in Washington, DC’s Grand Hyatt – a 15-minute walk to the White House.   This year’s event will “integrate” the conference floor with the panel rooms instead of having a separate floor for companies to display their products. Washington was the obvious place to hold the important events since the location offers better access to policy makers on Capitol Hill, while increasing the radio industry’s profile in the nation’s capital.  In addition to easier access for lawmakers and regulators, the Washington location is a money saver for the NAB, whose staff won’t incur travel costs. The NAB and RAB Radio Show will take place September 29-October 1.

Ron Chapman to be Inducted into NAB Hall of Fame

Legendary Texas radio personality Ron Chapman will be inducted into the NAB Broadcasting Hall of Fame during the NAB Show Radio Luncheon, sponsored by ASCAP. The luncheon, which will be held on Tuesday, April 13, will also feature the annual presentation of the prestigious NAB Crystal Radio Awards. "Ron Chapman has delighted radio listeners with his humor and charisma for more than 50 years," said NAB Executive Vice President of Radio John David. "We look forward to honoring his many contributions to the radio community during the NAB Show Radio Luncheon." The NAB Show will take place 10-15 April, 2010 in Las Vegas (exhibits open 12 April). It is the world's largest electronic media show covering filmed entertainment and the development, management and delivery of content across all mediums. Complete details are available at www.nabshow.com.

National Broadband Plan Needs Broadcaster Input

Last week, your Association joined with 46 other State Broadcasters Associations in strong support of the free, local, over-the-air television broadcast industry by filing Reply Comments in the FCC's National Broadband Plan proceeding.  The Reply Comments focus on the CTIA-CEA proposal to reclaim broadcast spectrum by transitioning U.S. television broadcasters in all markets to a "Single Frequency Network" architecture.  Every station would retain a full 6 MHz, but would have to operate via a network of lower-power transmitters to cover an entire market.  In our pleading, we made the following points: The CTIA-CEA proposal includes no supporting technical or financial data, so it is little more than speculation; Local broadcasters are small, local businesses compared to wireless providers and provide service free to consumers.  Local broadcaster cannot build and operate the same kinds of high-cost networks that wireless carriers use; CTIA has argued that lack of available tower capacity and tower sites is one of the reasons they need more spectrum.  Ironically, forcing broadcasters to compete for the same towers and sites wireless providers use could result less efficient use of wireless spectrum; CTIA and CEA have greatly underestimated the costs of the proposed transition and have not explained how broadcasters could pay the vastly higher operating costs;  ATSC was not designed to be used in a Single Frequency Network architecture, and attempting to backward engineer this would add significant costs and degrade performance; and a second transition would require major service interruptions in all markets, compromising the Emergency Alert System.  Since the dates of these service interruptions would have to be publicized in advance, the transition would pose substantial public safety risks.  The State Associations support FCC efforts to initiate a constructive dialog about how regulatory changes can improve broadcasting service, and the CTIA-CEA Comments may deserve more consideration. However, the comments should be recognized for what they are:  constructive in intent with a high level of speculation. 

NAB President Smith to E-Greet Broadcasters

NJBA members and their staff are invited to participate in the Town Hall with NAB President and CEO Gordon H. Smith, on Tues., Feb. 9, and we hope you plan on participating. Please check your email on Monday for up to the minute program information and confirmation on how to take part in this important webcast. This is an opportunity for you to hear directly from NAB’s president and CEO on the new strategy NAB is taking in its advocacy and to let him know what’s on your mind. Obviously, like you, we believe that our grassroots efforts are the key to our legislative success in Washington, which will better serve the audiences we have built and value. As always, thank you for your continued support of our great association.  All of us at the NJBA hope to “see” you on the call Tuesday. 

QuickNews is provided for general information purposes only and should not be relied upon as legal or tax advice pertaining to any specific factual situation. Legal and tax related decisions should be made only after proper consultation with a legal professional of your choosing.

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