Mid-Atlantic Broadcasters Conference Dates Shifted to Tuesday and Wednesday:

New Dates Are June 8th and June 9th

To be sure, nothing in life is certain. And, unfortunately, in order to accommodate our conference program, Trump Plaza needs us to postpone our Mid-Atlantic Broadcaster Conference one day. That is, we must move our conference from Monday and Tuesday…. to Tuesday and Wednesday…. making the new conference dates June 8th and 9th. While not earth-shattering, it might cause a few of us some heartburn, but I think we can accommodate this shift. By making this change, I am happy to report that we can have all of the events as planned, just one day later. We apologize for any inconvenience this date shift may cause, but we will have a better conference with this adjustment.  Thanks for your understanding in this matter and please mark your calendars accordingly and we’ll see you in Atlantic City on June 8th and 9th! As always, thank you for your support, especially in these extraordinary times!

NAB Show Brings Broadcasters Together

Congratulations go out to the entire NAB Board of Directors and Staff for this year’s NAB Show.  The NAB Show was a great success last week and many New Jersey broadcasters convened in Las Vegas to collaborate with their colleagues from across the nation and around the world. NAB President Gordon Smith’s maiden voyage as “Captain” of the NAB ship of state was marked with many important educational and sharing sessions, networking opportunities and exposure to the latest and greatest in broadcaster know-how. He and his leadership team did a fantastic job of making the event meaningful, informative, and enjoyable. Over 85,000 broadcasters met in the glittering oasis in the desert to hear industry leaders and see the latest innovations in broadcast technology and methodology, including mobile and 3D TV, innovative radio broadcaster production and remote access technologies, and to explore new ways to expand and entertain their listening audiences and the communities they serve with new EAS equipment and protocols. Likewise, kudos go to Jim Thompson, his staff,  and the Broadcaster Foundation Board of Directors for a huge success at the first Annual Phil Lombardo Golf Tournament, which raised close to a quarter of a million dollars for this worthwhile broadcaster charity. Additionally, broadcasters heard from their friends at the FCC regarding new and old policies, which will have an impact on their businesses. Unfortunately, it appears that what happens in Vegas, goes on in Washington all of the time! 

Good News for Radio Ad Sales

Barclay’s Capitol predicts a general improvement in its sales estimates for US Radio Advertising, estimating that radio’s 2010 revenue could be up as much as 7.5%. This is great news considering their original expectation for the year was a loss of 4%! An increase in the automotive sector was the major impetus for their revised forecast and overall general improvement in estimates for U.S. advertising. And, according to Wells Fargo analysts Bishop Cheen and Marci Ryvicker, who spent last week at the NAB Show in Las Vegas, Broadcasting, powered by political and auto ads, is making a strong sales comeback.  

Speaker Sounds Tinny

With the Commerce Department and House Speaker Pelosi  pushing for the toxic Performance Tax, New Jersey Broadcasters are gearing up for a new campaign to educate misguided lawmakers as to the very real dangers a Performance Tax will create on the economy and safety of all Americans, and the fallacy of the new Tax’s supposed goals. Despite a vow by House Speaker Nancy Pelosi (D-CA) to look for a way to bring a bill that would levy a performance royalty up for a vote, the National Association of Broadcasters remains “cautiously optimistic” it will defeat the effort.  Pelosi has already received an earful from radio. The NJBA is heartened by the fact that a bipartisan majority of 260 House members strongly support free and local radio stations in this cause. While Speaker Pelosi has just made her royalty position known, broadcast lobbyists say they’ve long believed her to be a music industry supporter in the fight. Pelosi’s public statements may rally royalty proponents, but the Speaker remains a lightening rod among Republicans which one Capitol Hill watcher says could help cement GOP opposition to the bill.  Democrats facing tough odds at re-election may also not want to cast a vote against their local station. 

Opposition to P-Tax Continues to Mount

Opposition to those royalties is being expressed in the form of the Local Radio Freedom Act, a non-binding resolution that has gained steady support in the House since it was introduced, while a Senate version of the resolution has the backing of nearly 30 senators. The Hill reports that original LRFA House sponsors Mike Conaway (R-TX) and Gene Green (D-TX) are circulating a letter currently on Capitol Hill reiterating the potential harm a royalty could do to artists and radio. NJBA President Paul Rotella joined NAB Spokesman Dennis Wharton in commenting that “It’s undeniable that radio airplay built and nurtured the careers of thousands of musicians who have been systematically exploited and abused by the record labels.” Nine New Jersey Congressmen have stepped up to defend New Jersey Radio for their constituents from the horrors of this insidious tax and are currently supporting our Local Radio Freedom Act against any new royalty fees. The NJBA once again salutes Congressmen Sires, Lance, Garrett, Smith, LoBiondo, Andrews, Pallone, Pascrell and Frelinghuysen for their courage to fight for New Jersey over the interest of a few greedy foreign owned record companies who are pushing for this new fee on your radio. If you want to keep your favorite New Jersey radio Station on the air, and enjoyed free of charge to all who listen, Call Congressmen Holt, Rothman and Payne (As well as our two Senators) at 202- 225-3121 and tell them to leave your radio alone: Vote against the Performance Tax on radio today.  

NJBA Gears Up for June Conference with Special EAS Panel

While attending the NAB Show last week, NJBA President Paul Rotella met with
Rear Admiral (Ret.) James Barnett, Chief of the FCC’s Public Safety & Homeland Security Bureau, to discuss New Jersey’s emergency preparedness and EAS issues. Admiral Barnett has been a good friend to New Jersey Broadcasters and the NJBA in its ongoing efforts to secure a reliable EAS for New Jersey and welcomed the opportunity to discuss the pressing EAS issues and challenges facing the Garden State. The NJBA is hosting a special EAS Roundtable at the Mid-Atlantic Broadcasters Conference on June 9th, and had invited Admiral Barnett, and key members of his staff to this important panel discussion. This exclusive session will highlight the progress we are making in this area and give you a preview/briefing on the current and future EAS measures being contemplated and implemented by our Department of Homeland Security and Office of Emergency Management. Our Panel of top experts and policy makers will include FCC, FEMA, DHS and OEM officials, engineers, and key policy makers. Don’t miss this timely and vital discussion on best practices and first response initiatives. 

New Jersey AG Proposes New AMBER Alert Criteria

Attorney General Paula Dow announced new guidelines on Amber Alerts, which will allow the notices to be broadcast in situations where children are abducted by family members. (New Jersey’s current rules discourage using the alerts, intended to notify the public about missing children, in domestic custody cases.) According to Chris Megerian from the Statehouse Bureau, the changes come in the wake of a February incident where a father allegedly abducted his 3-month-old daughter then threw her off the Driscoll Bridge into the Raritan River. No AMBER Alert was ready to be issued until four hours after the abduction, when the father was already arrested.  The AG said additional details on the changes will be announced as early as next week. She made her remarks when questioned about the AMBER Alert system this week by Assemblyman Lou Greenwald (D-Camden) during a budget hearing at the Statehouse. New Jersey Broadcasters are key first responders in times of crisis and through their voluntary cooperation with law enforcement, broadcast emergency messages to the communities they serve, which include AMBER Alerts that are released by the State Police and disseminated by our broadcasters. Recent Statistics document that a strong majority of AMBER Alert activations are the result of family abductions.  Unfortunately, these abductions have gotten more violent and dangerous. The NJBA views this development as a good move on the part of New Jersey, so long as all parties follow the criteria established. As of today, the U.S. Justice Department said that 495 abducted children had been safely recovered. The alerts are named after Amber Hagerman, a 9-year-old who was kidnapped and murdered in Arlington, Texas.  

The FCC Continues Crack Down on Garden State Pirates

In an ongoing investigation and enforcement action, the FCC is prosecuting unauthorized AM/FM operators with a stepped-up enforcement effort in response to complaints from licensed broadcasters and the NJBA. Unfortunately, the Garden State Metropolitan Area is a known hotbed of pirate activity. Tom Taylor cites a T-R-I analysis of “Notices of Unlicensed Operation” shows several apparently illegal FMs operating around the area including a 92.7, a 105.5 and a 107.9 in Brooklyn; A 107.9 in East Orange, NJ.; and a 97.5 in Orange. The NJBA is working to stop all pirate radio stations, which interferes with legitimate radio station operations and could have a detrimental impact on our EAS. 

2010 Angel of Hope Gala a Success

The Partnership for a Drug Free New Jersey held their 2010 Angel of Hope Gala last night at the Pleasantdale Chateau in West Orange. The gala event celebrated the PDFNJ’s efforts in curbing drug abuse among Garden State teens and honored the law firm of McCarter and English, LLP, for their steadfast support of the Partnership’s efforts. NJBA President Paul Rotella was a guest of the Partnership, representing New Jersey Broadcasters, who through the NJBA’s PEP Program, along with the DEA and NJ Attorney General’s office, sponsored and promoted “Operation Medicine Cabinet” across the Garden State’s broadcast airways. “This first-time in the nation campaign was enormously successful statewide and resulted in law enforcement harvesting over 5,000 pounds of old and expired prescription medications to keep them out of the hands of children and potential abusers” said Angelo M. Valente, the Partnership’s Executive Director, who thanked the NJBA for their role in making Operation Medicine Cabinet an enormous success. “We want to recognize our New Jersey Broadcasters as new partners and thank the NJBA for their enthusiastic support of this innovative program.” The New Jersey Operation was so successful that the campaign’s proponents are looking to do a nationwide “Operation Medicine Cabinet” campaign this fall on November 13^th, with the help of broadcasters from around the country. To date, over one million New Jersey families have been helped by the Partnership’s efforts and programs. Congratulations to the PDFNJ and all concerned citizens (and our invaluable partners) for making this spectacular event a huge success! 

Arbitron Makes Peace with PPM Coalition

A year and a half after the NJBA and a coalition of minority media companies and advocates joined forces to fight for improvements to perceived PPM shortcomings, the PPM Coalition has struck an agreement with Arbitron on a fix-it plan. Under the agreement brokered by House Oversight and Government Reform Committee Chairman Rep. Edolphus Towns (D-NY), Arbitron will implement address-based sampling with targeted in-person recruiting to increase PPM panelist participation in key market segments. NJBA President Paul Rotella, who serves on the MRC’s Board of Directors and Radio and Television Committees, commended the efforts of the Media Ratings Council’s Board and dedicated staff for their very capable stewardship in helping to improve the Personal People Meter methodology. The NJBA continues to work closely with Arbitron to resolve open issues unique to markets like New Jersey and we will keep you informed of our progress. The FCC will continue to monitor the situation, as well. 

Alert FM EAS Gets Nod from NJBA

Alert FM uses the RDS (subcarrier) of FM stations to deliver timely emergency info in several different modes. One of the ways it does that is through FM-equipped/RDS-enabled cell phones. It can also signal dedicated monitors, and was recently demoed for the Board of Directors of the NJBA and at the NAB Show in Vegas.  “The NJBA is pleased to join the growing number of states, including Alabama, Mississippi, Missouri and Tennessee, whose broadcaster associations are supporting the Alert FM system. NJBA President Paul Rotella has been a point person for radio's initiative to improve EAS and do things like fill in missing holes. The NJBA continues to work with state and federal officials to secure a fully functional, reliable, modern EAS for the people of the Garden State.  

Navigating the FCC’s Equal Employment Opportunity Rules

The NJBA is participating in a special EEO Webcast hosted by the MAB with Davis, Wright, Tremaine’s Brendan Holland on May 11^th, from 1PM-3PM. The Webcast is free to all paid NJBA members and may be accessed by contacting Mary@njba.com for authorization pass codes to view this informative presentation.  This paid NJBA member benefit will highlight and detail the FCC’s current Equal Employment Opportunity rules.  With annual EEO public file reports due for stations by June 1st, and the next broadcast station license renewal cycle just around the corner in 2011, stations need to make sure that they are familiar with the FCC’s EEO rules and are taking all the steps necessary to ensure that they stay out of trouble.  EEO continues to be a hot issue for the FCC, and one that draws many fines from the Commission, both at license renewal time and in connection with the ongoing random EEO audits that the FCC conducts several times a year. With the changes in ownership, personnel, and hiring efforts that inevitably occur at stations over time, it is important that station owners, managers, and hiring personnel are on top of the FCC’s rules.  This session will provide a primer on the FCC’s Equal Employment Opportunity rules, including the outreach required for the opening of jobs at the stations, the non-vacancy related activities that stations should be engaging in, and the recordkeeping requirements to make sure you keep all the necessary documents to support what the station did.  The goal of the session is to refresh your understanding of the rules, provide insight into the FCC’s enforcement and guidance in the past few years, and highlight some common pitfalls.   

FCC Fines for No Articles of Incorporation in Public File

In a recent decision by the FCC's Enforcement Bureau, the Commission issued a $1,250.00 fine to a station that did not have its licensee's Articles of Incorporation and By-Laws in its public file when a listener came to check the file.  While the rules allow such documents to be left out of the file if there is a list of ownership-related documents in the file and the documents themselves are provided within 7 days of a request, here the licensee did not provide the missing documents for over a month of the request.  After investigating the complaint from the person who had looked at the file, the Commission arrived at the $1250.00 fine.  The Alternate Broadcast Inspection Program (ABIP) is run by state broadcast associations, in cooperation with the FCC.  These plans are meant to encourage broadcasters to voluntarily police themselves, by having private inspectors hire by the state associations, inspect their stations.  The alternate inspection programs should be encouraged by the FCC, as the FCC itself simply does not have the resources to visit most stations on any regular basis.   For more information about public inspection file obligations, see the Guide to the Basics of the Public File Rules for Commercial Broadcast Stations.  Check it out to avoid issues like this one, and look for future clarifications on the ABIP issue as this case makes its way through the halls of the FCC.  

Service to America Award Dinner Set for June 14th

The NAB Education Foundation announced the winners of the 12th annual Service to America Awards. Winners will be honored at the Celebration of Service to America Awards dinner on Monday, June 14 at the Hyatt Regency Washington on Capitol Hill. The celebration recognizes outstanding community service by local broadcasters. "Day in and day out, broadcasters across America demonstrate a commitment to community service and charitable fundraising that no other business or technology can match," said NAB President and CEO Gordon Smith. 

The Trenton Report: From the Marcus Group

The legislature has been tied up with budget hearings recently, but there is no shortage of activity in Trenton. The Red Tape Review Group, led by Lieutenant Governor Guadagno, this week released its much-anticipated report. The report is about 130 pages and recommends withdrawing or changing 16 state regulations and cutting more than 120 state commissions and task forces. The Group provided long-term legislative, regulatory and policy recommendations to streamline and coordinate services in order to impact the State’s economic growth. Local school board elections were also this week. About 58 percent of school board budgets did not win voter approval. Governor Christie had asked voters to vote down budgets in districts that did not implement a wage freeze for teachers for the coming year.  

Happy Birthday Governor Kean!

This week, Gov. Chris Christie praised former Gov. Tom Kean - the consummate diplomat - as the greatest governor in New Jersey history. "Tom Kean has always answered the call and there's no one I'd rather spend Earth Day with than Tom Kean," Christie said of his mentor, who's celebrating his 75th birthday. As a legislator 40 years ago, Kean helped create the state Department of Environmental Protection, and beamed when Christie said he was opposed to allowing liquefied natural gas terminals off the New Jersey coast. “For as long as I am governor, this administration will oppose any application for liquefied natural gas located off our coast," the governor announced to cheers.  "Thank you for your work in protecting this ocean," Kean told his protégé, who over decades ago ran up the Kean driveway in his teens to volunteer his campaign services.  "This administration knows that when you improve the environment, you improve everything else," the ex-governor declared to the crowd assembled outside at the Surfrider Beach Club. "It's not just because we love the ocean, but because you help the economy." (Special thanks to Max Pizarro-PolitickerNJ.com) The NJBA wishes our long-time friend Governor Kean a very happy and healthy 75^th!  \