NJBA Weekly Newsletter Special Spring Edition

NJBA In Washington; Honors Senator Lautenberg

NJBA Chairman Bob McAllan and President Paul Rotella were in DC this past week talking to legislators and the NAB on New Jersey broadcasters concerns. While in DC, Rotella presented Senator Lautenberg with a resolution unanimously adopted by the NJBA Board of Directors at their last general meeting extending our very best wishes to Senator Lautenberg for a complete and speedy recovery and prompt return to the United States Senate so that he may continue to provide his wise and thoughtful counsel and advocacy for the benefit of all New Jersey broadcasters and the citizens we mutually serve. Rotella met Senator Frank just off of the Senate floor, where the votarama over health care was going on. The energetic and engaged Senator and Paul enjoyed a few laughs and Paul pointed out that Senator Lautenberg has remained a steadfast and most valued friend to broadcasters around the Garden State, and indeed, the nation.

2010 NJBA Conference Surveys Due This Week

As you know, your 2010 Convention Committee has been hard at work preparing for our 2010 Mid-Atlantic Broadcasters Conference, which is set for June 7-8, 2010 at the Trump Plaza, on the world-famous Boardwalk in Atlantic City. Your Convention Committee is seeking your opinion, advice and talent in helping them make this conference educational, informative and fun. Please make sure to send back your program surveys this week. Please fax your responses to Mary at the Broadcast House (Fax No: 609-860-0110) by April 1^st, 2010.  Your participation is most appreciated and, as always, thanks for your on-going support of our great association! See you in Atlantic City.

State Leadership Visits a Huge Success

The results of the Performance Tax grassroots initiative were better than we could have hoped for. Feedback from your meetings on the hill after SLC was proof positive of that, as well as the number of members who signed onto the letters to Speaker Pelosi and Leader Boehner and the additional members who signed the resolution - we are now up to 260 on the House resolution and 27 on the Senate resolution. If you would like to join your leadership in DC next year, please let us know.

Spectrum Grab Not Favored by Congressmen

During opening remarks at the House Communications Subcommittee hearing on the FCC’s National Broadband Plan, two key members expressed concerns about talk of repurposing television spectrum for other wireless services. And the Subcommittee’s chairman said that a voluntary program was the right approach.  The most ringing endorsement came from Energy and Commerce Committee Chairman Emeritus John Dingell (D-MI), who left no doubt about where he stood. He said broadcast television has already surrendered significant spectrum – 33% -- back to the government, and that surrendering any more put to goals of diversity and localism at risk. He strongly suggested that the FCC work with the NTIA on spectrum inventory, as an E&C bill provides for, before touching any of broadcast television’s remaining spectrum. His remarks were echoed immediately for former Subcommittee chair Fred Upton (R-MI), who noted that there was a significant investment in the DTV transition, allowing broadcasters to increase their service to consumers. NAB President-CEO Gordon Smith, disputes the idea that broadcasters are using their spectrum inefficiently and suggests that it's the wireless industry that needs to make better use of spectrum. "When compared with Internet-enabled handheld devices -- the primary beneficiaries of Mr. Shapiro's spectrum plan -- TV broadcasters are far more efficient," Smith writes. "Indeed, every single American could turn on his TV set right now without placing any additional capacity strain on the airwaves. You can't be more efficient than that."

New FCC Broadband Plan Cost $20mm

That’s right: twenty million dollars. That’s what taxpayers spent to prepare the 350-page National Broadband Plan, which is equivalent to $50,000 per page or $50,000 for each day of work on the report. The plan was funded in part by the Recovery Act, with the rest coming from the FCC's regular budget. With no disrespect to members of the bar, it reminded some of the old joke about how many consultants does it take to screw in a light bulb? The Answer: How many can you afford?

Broadband Plan is Bad for Broadcasters

FCC Chairman Julius Genachowski could not be pinned down on whether the FCC would force broadcasters off any of their spectrum if its voluntary reclamation proposal does not produce the requisite bandwidth they demand or if there is a spectrum crisis. But he would not commit to a voluntary-only regime, saying he could not predict what might happen in a spectrum crisis. Crisis? Watch out broadcasters: here is comes. History teaches us that citizens should beware when the government injects this type of language into policy formulation. What this means is that the die has already been cast against broadcasters. It’s just a matter of time before it is implemented in response to the newly fashioned “crisis”. And, make no mistake; the National Broadband Plan (NBP) would undermine TV broadcasting. In a way, it would be a self fulfilling prophecy because its implementation would indeed create a localism crisis in the wake of its execution. By taking away broadcast spectrum, the NBP would take away many TV stations' ability to offer mobile DTV and reach viewers wherever they go. Ubiquity has always been broadcasting's edge. If stations lose that quality in the future world of mobile, personal media, they will wither away. "As the Internet increasingly becomes the standard platform for receiving information," it says, "those who do not have high-speed access to the Internet will be left completely out of the civic dialogue." FCC Commissioner Mignon Clyburn was first to sound the alarm that the NBP may do more harm than good. "I am very concerned about sacrificing an essential service to our communities [broadcasting] in favor of new apps that have nothing to do with ensuring that we can have meaningful access to the news and information critical to our daily lives," she said in statement attached to the NBP.  A one-time weekly newspaper publisher in Charleston, S.C., Clyburn is not eager to trample old media in the rush toward the new. The NJBA applauds Commissioner Clyburn for her insight and common sense in not abandoning intellectual honesty in her approach to this issue.

Performance Tax Opponents in Congress Speak Out 

Late last week, 56 Democrats and 63 Republicans signed onto letters to House Speaker Nancy Pelosi and Minority Leader John Boehner, respectively, detailing their opposition to a performance tax and asking that the RIAA-backed legislation not be brought to the House floor. Specifically, both letters detail the harm to employment in the over 100,000 U.S. radio jobs from the imposition of a performance tax and the windfall that would accrue to the foreign-owned record labels. Currently, 260 House members and 27 U.S. Senators are on record in opposition to the RIAA-backed performance tax. The NJBA is very grateful to our members who have unselfishly aired our announcements regarding the P-Tax, and we are especially grateful for our member stations’ vast listening audience who took the time to call Congress and tell told them not to touch our dial. The combined efforts of our great NJ radio stations and their listeners are going a long way in keeping members of Congress informed of this horrible tax. Thank you all very much for your help in fighting the performance tax.

School’s Out Again!
The two week congressional recess is upon us (March 29-April 9) and as you know there is much for Broadcasters to do. Now is the time to reach out to your member of Congress and either thank them for supporting New Jersey Broadcasters on issues like the Performance Tax and the Broadband grab. Please stop by Congressmen Payne’s (Donald Payne (D-10^th) 908-629-0222 and 201-369-0392; Rothman’s (Steven Rothman (D-9^th) 201-646-0808 and 201-798-1366); and Holt’s (Rush Holt (D-12^th) 609-750-9365) district offices to convince them of our valid, unquestionable, irrefutable, and fundamental objection to any new Performance Tax.  And if you want to call Congressmen Pallone, Smith, LoBiondo, Andrews, Garrett, Lance, Pascrell, Frelinghuysen, and Sires to thank them for their tremendous support!  If you would like to have a meeting arranged and would like assistance from our government relations team, please let Mary know at the Broadcast House right away. The NJBA can also provide a letter you can use to request a district meeting if you would like. These district meetings are incredibly important as the NJBA and you continue to fight these tough battles. Of course, you can always send a letter to your member of Congress telling them how you feel about these issues. The NJBA will continue to press on with the Performance Tax and Spectrum grab issues. Once again, thank you for everything you do.

Senate Passes 10-year Reauthorization SHVERA/STELA

On Friday, before the U.S. Senate adjourned for a two week Easter recess, two extensions of the Satellite Television Extension and Localism Act (STELA) were agreed to by unanimous consent. The first extends current law until April 30 (as passed by the House) while the second extends the December 2009 House-Senate compromise bill until December 31, 2020. The 10-year extension is a result of ongoing scoring issue presented in the House of Representatives. In addition, the 5-year reauthorization included in the “jobs bill” is awaiting consideration in the House. The NJBA will continue to keep you updated as Congress continues in its efforts to finalize this process.    

Broadcasters Foundation Golf Tournament Set For April 11

The Broadcasters Foundation will hold the Philip J. Lombardo Charity Golf Tournament on April 11 at Las Vegas' Bali Hai Golf Club. The tournament, raising funds for the foundation's mission of helping broadcasters in need due to life-threatening illness or other catastrophic circumstances, is held each year during the NAB Show. The Bali Hai is one of the top 30 golf resorts in America, as ranked by Golf Digest, and the tournament regularly attracts broadcast-industry executives and others for a chance to meet, relax, and at the same time support the foundation's work. 

NAB Show 2010: Where Content Comes to Life April 10-15

For more than 80 years, there’s been only one global event for people passionate about content.  A place that fosters the convergence of industries the world turns to for information and entertainment. From broadcasting to broader-casting®, the NAB Show has evolved over the last eight decades to continually lead this ever-changing industry. And while the solutions at your fingertips have changed to keep pace with consumer habits and technologies, your aspirations to produce and deliver memorable content have remained constant. From conception through distribution, the NAB Show proudly serves as the incubator for excellence – helping to breathe life into content everywhere. NAB Show Fast Facts: More than 85,000 audio, video and film content professionals attend; 157 countries are represented; over 500 conference and training sessions to take advantage of, plus over1,500 exhibiting companies and 800,000+ net square feet of exhibit space supported by 82 years of industry leadership. Don’t be left out in the cold—there’s still time to join your fellow broadcasters at the NAB Show in fabulous Las Vegas. Check out www.NABshow.com to register and learn more!

 Lowest Unit Rate Opens April 24th

Get ready all of you political junkies! Here we go again! Later this month, the Lowest Unit Rate window opens. April 24 is the first day of the Lowest Unit Rate Period for the Congressional primaries to be held in New Jersey on June 8^th.

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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