NJBA Weekly Newsletter Friday, March 19, 2010 

NJBA Convention Set June 7-8 in Atlantic City

The NJBA-MD/DC/DE Mid-Atlantic Broadcasters Conference has been set for June 7th and 8th this year and will be held at Trump Plaza Resort on the world-famous Boardwalk of Atlantic City. The Convention Committee has been hard at work planning a terrific experience for broadcasters throughout the region. The Conference will include many sales, programming and engineering educational seminars and programs designed to meet the ever changing (and growing) challenges that broadcasters and sales people are facing. Station Owners GMs and Sales Managers are asked to help the NJBA provide worthwhile content by seeking the advice of their teams at their next station meetings. Program surveys will be sent to all stations early next week. Please respond by March 30^th so that we may plan a meaningful and fun-filled conference for all of our valued members.

NJBA Files EAS Comments with FCC

The New Jersey Broadcasters Association (NJBA) has been a very vocal proponent of emergency preparedness, and has engaged federal, state and local officials challenging them to insure that the Garden State, and indeed the entire United States, has a reliable and stable EAS. “This has been an on-going effort and the correction of this problem is one of the NJBA’s major goals,” said NJBA President Paul Rotella, “We need a system we can depend on in distributing emergency alerts. Last week, NJBA President and CEO Paul Rotella met with New Jersey’s Congressional delegation and representatives of FEMA, DHS (and FCC Commissioner Jonathan Adelstein in the fall of 2008) to advocate the need for a complete review of New Jersey’s (and the country’s) emergency preparedness highlighting the deficiencies in the EAS, and New Jersey’s (and Pennsylvania’s) lack of an in-state Emergency Primary Entry Point (PEP) station, which was mandated by federal law.  This week, the NJBA filed extensive comments with the FCC regarding NJ’s ailing EAS and once again, raised awareness of this serious problem to lawmakers. A copy of the filing may be found on our website www.njba.com and was forwarded to the entire garden State federal and state delegation of elected representatives, as well as to the Governor.  

In the filing, the NJBA points out that “A properly working EAS is a fundamentally essential component of our nation’s Homeland Security arsenal. It is crucially needed to respond to the myriad of potential terroristic threats facing our region’s target rich environment. Couple this need with the recent weather emergencies that have plagued the northeast, not to mention the myriad weather threats we endure year round like hurricanes, and the urgency of the situation becomes overwhelming.” Rotella attended a meeting of State Police and OEM in Trenton on Tuesday and told officials “As first responders in the event of such an emergency, New Jersey Broadcasters are particularly concerned with respect to the adequacy, obsolesce and deterioration of the EAS apparatus currently in place in state, and its potentially catastrophic failure to act in response to a large regional, statewide, or national emergency. This unthinkable prospect, coupled with the vast New York/New Jersey metropolitan resident and working population, is precisely why New Jersey must be technologically sophisticated in providing effective and comprehensive emergency communications to the public in times of crisis via our native broadcast airways.” We also hope that any appropriation or funding grant made to the states for EAS systems and upgrades must be restricted in their use for the specific purposes for which they are intended and may not be diverted to other uses or to fund ancillary projects.” Rotella went on to say that “NJBA Chairman Robert McAllan was instrumental in designing a redundant, satellite based EAS to alert broadcasters of EAS messages so that they may broadcast them to the public, which should be a model for any modern EAS” Rotella concluded, “Our Board has made this a priority and our Chairman has spent countless hours dedicated to helping us resolve this dilemma. Working in concert with law enforcement and governmental officials, New Jersey’s Broadcasters must be fully integrated in the emergency communication process.”

Flood Can’t Silence New Jersey Station

After the worst flooding in Northern New Jersey in decades, New Jersey broadcasters, once again, rose to the occasion by providing life saving information to their listening audiences.  Gale force winds and torrential rain pummeled the region, knocking telephone poles and trees down across the Garden State. With power out to almost one million residents in the tri-state area, many New Jersey residents told QuickNews that they relied on their “trusty” battery operated transistor radios for news and information during the severe storm, which was responsible for the death of four New Jersey residents. But, a little rain didn’t stop some broadcasters from ditching their autos in favor of boats to keep their stations on the air during the crisis. Using a fire department boat to commute to the station’s front door, staff at Mariana Broadcasting’s oldies “North Jersey 1500” WGHT kept their station on the air with flooding information for area residents — even with 13-feet of water leaving two of the station’s four floors flooded. What would we ever do without our great New Jersey broadcasters and their constant dedication to the communities they serve?

An Ounce of Prevention…

Your association has some more good news for those of you who participate in the  Alternate Broadcast Inspection Program.  As a result of the efforts of the National Alliance of State Broadcasters Associations ("NASBA"), of which your Association is an active member, I am pleased to report on two recent decisions of the FCC's Media Bureau, one relating to radio and the other to television, which significantly expands the benefits of successfully participating in the ABIP Program.  In the radio case, the Audio Division awarded a station a significant "downward adjustment" in a fine for a public inspection file violation (that the licensee disclosed to the Commission in its application for renewal of license) due to the station's successful participation in the Virginia Association of Broadcasters' ABIP Program.  In the television case, the Video Division relied upon "the licensee's responsive efforts and participation in a review and certification by the Iowa Broadcasters Association as to its public file compliance" in concluding that the petitioner had not raised an issue with respect to a violation of "any specific FCC rule or requirement."  NASBA's Counsel, Dick Zaragoza, recommends that stations which have disclosed, or may be required to disclose in the future, public inspection violations to the FCC should consult with their communications counsel to determine the applicability of these new decisions to their circumstances.   If you currently hold a Certificate of Compliance under our ABIP Program, I urge you to renew it.  If you have not participated in our ABIP Program, I urge you to give serious consideration to doing so by signing up today.   Please call Mary at the Broadcast House to request the application or you can download from our website www.njba.com and take advantage of this fantastic and increasingly valuable member benefit. NJBA Members enjoy significant discounts for this service, which could save your station(s) tens of thousands of dollars in fines for non-compliance.

Support Expansion of FM Radio in Cell Phones

The NAB, NJBA and Global Security Systems (GSS) and other radio industry stakeholders continue to pursue multiple avenues for expanding the availability of FM radio service in cellular handsets, including direct discussions with cellular operators regarding market-based steps. Sprint Nextel announced that it will soon release the Supersonic at a mobile trade show, perhaps as early as next week. This new 4G smartphone will include FM radio. NAB and NJBA also work to educate Capitol Hill, the Federal Communications Commission (FCC) and the Department of Homeland Security (DHS) on the public benefits of deploying FM radio in cell phones, such as expanding the reach of the Emergency Alert System (EAS) to mobile devices, and furthering the goals of the WARN Act of 2006, which directed commercial mobile service providers to voluntarily participate in an emergency warning system. The advent of new technologies (i.e., integrated FM antennas, power-saving and low profile chipsets) has made inclusion of an FM radio in cell phones, MP3 players, emergency alert receivers such as GSS Alert FM, and other fixed/mobile consumer electronics devices, a technically feasible solution that will benefit consumers.  For alerting purposes in particular, FM radio’s nationwide and redundant coverage provides the ideal vehicle for delivery of the in-depth, critical information needed by the public during times of emergency or disaster which only broadcasters can provide.  The more targeted, data-based alerting services provided by GSS and other providers which make use of Radio Data System (RDS) FM subcarrier technology likewise benefit from the ubiquitous nature of FM radio.

FCC Broadband Plan Not Good for Broadcasters or Public

The NAB has raised concerns that the broadband plan would make mandatory the proposed reallocation of a significant portion of broadcast spectrum and would introduce new spectrum fees. "We are concerned by reports today that suggest many aspects of the plan may in fact not be as voluntary as originally promised," NAB spokesman Dennis Wharton said. "Moreover, as the nation's only communications service that is free, local and ubiquitous, we would oppose any attempt to impose onerous new spectrum fees on broadcasters." The proposed $20 billion, 10-year plan to increase broadband access released this week by the FCC reportedly will include a new annual fee for TV stations to use the airwaves and a possible mandatory auction of broadcast spectrum. However, the plan doesn't require so-called "open-access" rules for broadband providers, nor does it answer "a lot of the hardest questions" about achieving higher broadband speeds and lowering prices, according to Free Press policy director, Ben Scott. Under the FCC's broadband plan, more than one-third of broadcast TV spectrum, or 120 MHz of 300 MHz, would be transferred (Read: ripped away) from broadcasters who have invested countless millions in equipment, support and other costs to help the FCC in the recent DTV transition, for use by wireless providers. Obviously, these providers would be charging a fee for this service, which is currently provided to consumers for free by TV broadcasters. Bipartisan concerns emerged as FCC Commissioners McDowell and Clyburn want to apply the brakes before taking broadcast television spectrum and handing it over to broadband interests for a number of reasons. Clyburn advised for the application of caution and rigorous review, including the pursuit of communications ownership diversity and the public interest.  NJBA President Paul Rotella commented that “The public would lose local content, diversity and free access to news and information, which, no matter what anyone tells you, can only be provided by local broadcasters.”

Governor’s 1st Budget Shakes Up Trenton; Cuts NJN

Governor Chris Christie presented his fiscal 2011 state budget to members of the Legislature this week and the fireworks could be seen throughout the Garden State. The proposed $28.3 billion spending plan contains significant spending reductions to close an estimated $10.7 billion shortfall for the new fiscal year that begins July 1. The Governor also proposed changes to public employees’ and teachers’ pensions and benefits, as well as a spending cap to help control property taxes. “Governor Christie made tough choices and presented a budget containing proposals requiring immediate sacrifice for most New Jerseyans,” said New Jersey Chamber Chairman Dennis Bone, President, Verizon New Jersey. “We recognize that he had few options considering our enormous deficit. The Administration should be applauded for tackling long-term systemic issues that, if addressed, will lead to job creation, economic growth and fiscal stability for the state. Unfortunately, fixing New Jersey's finances is a marathon and not a sprint.” Others are not as enthusiastic with the proposed spending cuts. Not the least of which is New Jersey Network, whose state funding will be terminated at the end of this year. This potentially has serious ramifications to New Jersey broadcasters and our state’s EAS since NJN has been the backbone of New Jersey’s EAS. “This makes our clarion calls for a new and improved EAS even more urgent”, said NJBA President Paul Rotella, who reminded officials of the NJBA’s warnings about our failing EAS and the efforts stakeholders are making to secure a viable alternative to the current system no later than the end of this year. The Legislature must pass and the Governor must sign a budget bill by July 1. The members of the Legislature and the Governor will now spend the coming months crafting a final product.

Senate Panel Backs Super Bowl for NJ 

The National Football League should hold the 2014 Super Bowl at the new Meadowlands football stadium, a state Senate committee concluded this past Monday. How cool would that be! The NJBA applauds the Senate Economic Growth Committee, which on a 6-0 vote this week, approved legislation supporting this exciting prospect, which was sponsored by Sen. Paul Sarlo, D-Woodridge, and Sen. Thomas Kean Jr., R-Westfield. With a tip of the hat to Senator Kean’s illustrious dad, we think New Jersey and the Super Bowl are “perfect together!” Let’s move this initiative down the field.

Conclave Hosts Free Broadcaster Webinar on 3/24

Is talent something you’re born with or can it be taught? Can anyone LEARN to become a better, or a more powerful communicator? The answer is YES!  It takes talent, but you absolutely improve your craft and skills, with training.  Learn it all at CREATING POWERFUL COMMUNICATORS with NJBA pal Valerie Geller on Wednesday, March 24th at 3PM.  In this Conclave Webinar, you'll learn proven methods in use around the world based on Valerie Geller's experiences working with on-air personalities at more than 500 stations in 30 countries - The goal: Creating compelling content, to find and develop topics for air, powerful storytelling techniques and getting the best performance from each personality. This webinar is free, but preregistration is required. Join up by clicking https://www1.gotomeeting.com/register/629102585

Olds:  National Spot Pacing Up In Double Digits

Katz Media Group President/CEO Stu Olds says in a new memo that the national spot radio market is pacing up 19 percent in the first quarter, and 20 percent for Q2. Olds writes, "The outlook for continued growth is supported by the advertising community's optimism about an improving economy."

Bouvard Chairs IRTS Board

Arbitron EVP/Cross-Platform Service Pierre Bouvard is the new chairman of the board of media and entertainment charity the IRTS Foundation, which offers educational programs, internships, and diversity initiatives. The NJBA extends our congratulations to our friend Pierre and we wish him all the best as he heads up this important foundation.

SHVERA Now STELA

Don’t be confused by the name change, although the DC acronyms can make you a little crazy. The U.S. Senate passed H.R. 4213, which is a large package of “tax extenders,” that includes the Committee negotiated 5-year reauthorization of the Satellite Television Extension and Localism Act (STELA), formerly named SHVERA. The bill now moves to the House, where it is unclear at this time if amendments will be adopted. If the package is altered, it then must be referred back to the Senate for further action before it can go to the President for final signature. The NJBA is monitoring the bill’s progress and we will keep you updated as the process is finalized.

The Trenton Report: From the Marcus Group

This week Governor Christie presented his budget for the 2011 fiscal year. In an attempt to close an almost $11 billion deficit, Christie proposed a $29.3 billion budget. His proposal is $2.9 billion less than the adjusted budget for 2010 and contains spending reductions and changes to public employees’ pensions and health benefits, as well as a 2.5 percent cap on local property tax increases. He also mentioned his initiatives to make government run more efficiently and effectively, including the creation of a New Jersey Privatization Task Force, reducing Medicaid fraud, and using direct deposit for state employees. During his address to the Legislature, Christie also referenced NJN: “And it (New Jersey) does not need its own television network. New Jersey Network can and will succeed as an independent not-for-profit, and we should free it to pursue that path.” While the fate of NJN is uncertain, New Jersey will be tightening its belt in response to this fiscal challenge. (See next story.)

Howard Blumenthal on New Jersey Network’s Future

NJN’s Executive Director, Howard Blumenthal responded to Governor Christie’s proposed budget cuts in a statement released yesterday: “NJN’s broadcast stations are licensed by the Federal Communications Commission to “serve the educational needs of the community; for the advancement of educational programs; and to furnish a nonprofit and noncommercial television broadcast service.” Blumenthal went on to point out that “NJN has fulfilled this public service mission for nearly 40 years, and we are confident that NJN will continue to do so in the years ahead. Based upon Governor Christie's remarks, NJN’s relationship with the State of New Jersey may change, but our relationship with the people of New Jersey will remain unchanged. NJN will work closely with the Administration to ensure that the people of New Jersey continue to have their own non-commercial public media network that meets their unique civic, cultural and educational needs.” Clearly, time will tell.
 

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.

Broadcast House, 348 Applegarth Road, Monroe Twp., NJ  08831 (888) 657-2346 FAX: (888) 652-2329, njba@njba.com