NJBA Weekly Newsletter Friday, May 1, 2009 

FCC Takes closer Look at Arbitron’s PPM Problems

During last week’s NAB Show, NJBA President Paul Rotella learned that the FCC was planning to move forward with formal proceedings delving into the controversy surrounding Arbitron’s PPM ratings measurement service. This news comes as Arbitron’s largest client, Clear Channel, is considering dropping Arbitron as its sole ratings service provider in favor of Nielson, or no ratings service at all! The FCC has launched a formal inquiry into the PPM process, with a majority of the FCC Commissioners (if not all) in favor of getting specific answers to troubling questions not fully addressed by Arbitron since the PPM methodology came under fire by the Attorneys General of NJ and NY, as well as the NJBA, minority broadcasters, and many other interested industry leaders, even as the ratings giant awaits MRC accreditation in many key markets, including New York, Philadelphia  and the embedded New Jersey Metros. The NJBA continues to fight for accurate and fair ratings measurements for its membership and for all of the many communities served by New Jersey Broadcasters.

More Members Join Fight Against Performance Tax
Twenty additional lawmakers have signed on to a bipartisan U.S. House of Representatives resolution opposing the introduction of "any new performance fee, tax, royalty, or other charge" on local radio stations. The growing chorus of Congressional support for The Local Radio Freedom Act, which opposes an effort led by the Recording Industry Association of America (RIAA), now stands at 180. For more info, check our www.NoPerformanceTax.org today. 

Swine Flu Hits Garden State: Hotline Established

The World Health Organization (WHO) raised its Pandemic Alert three times in less than a week to Phase 5, just one level away from declaring the swine flu threat a fully fledged pandemic. NJBA President Paul Rotella participated in a National CDC Conference call briefing in which the very serious consequences of the growing health risk caused by the Swine-Flu outbreak across the country. New Jersey health officials have identified five probable cases of swine flu in four people who recently traveled to Mexico and one who visited California. In response, New Jersey is setting up a hot line for residents worried about swine flu. That number is 1-866-321-9571. 

In addition, the CDC activated its Emergency Operations Center to augment the CDC ongoing investigation of human cases of Swine Influenza A (H1N1). As of this week, over 240 human cases of this novel virus infection have been identified in 11 states in the Continental United States with at least one confirmed fatality in Texas, as of this writing, which is attributable to the deadly disease. This is a rapidly evolving situation and the CDC will provide updated guidance and new information as it becomes available at www.cdc.gov/swineflu. Please consult the CDC website found at www.cdc.gov and www.who.org, as well as other health web sites for updated information. At this stage, it is important to maintain surveillance and update pandemic preparedness and response plans accordingly.  

By way of background, this virus can make a healthy person sick in a matter of hours after exposure and contamination. The WHO designation Phase 5 is characterized by human-to-human spread of the virus into at least two countries in one WHO region. This declaration of Phase 5 is a strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short. Phase 6, the pandemic phase, is characterized by community level outbreaks in at least one other country in a different WHO region in addition to the criteria defined in Phase 5. Designation of this phase (6) will indicate that a global pandemic is under way. 

Everyone is urged to get up to date information regarding this very dangerous contagion as the situation is very fluid and timely information is essential to address the health concerns of the general public. And remember: Wash your hands often. It’s a good way to stop the spread of infection. 

Supreme Court Upholds FCC "Fleeting Indecency" Ban

In a 5-4 decision the Supreme Court upheld the FCC’s order against Fox Television for having broadcast two instances of isolated indecent words (that is, the “F-Word” and “S-Word,” as the Court referred to them).  However, while approving the FCC’s approach, the Court left unresolved the essential question of whether the Commission’s policy meets Constitutional requirements. The majority opinion by Justice Scalia concluded that the FCC’s decision was sufficiently reasoned to avoid being overturned as “arbitrary and capricious.”  It interpreted this standard, mandated by the Administrative Procedure Act for review of agency decisions, as merely requiring an agency to provide good reasons to explain why it is changing an existing policy, rather than requiring it to demonstrate the superiority of its reasoning for a new policy over its earlier justification for the prior one. While there will be much analysis of the Court’s decision, it is clear that the final words are yet to be written on the subject of broadcast indecency.  On the other hand, it is far from clear whether the FCC will use this ambivalent guidance as a green light to clear its backlog of pending renewal cases in which allegations of indecency have been raised, or whether it will feel compelled to conduct individual assessments of context.  

Arlen raises Specter of a Bulletproof Obama Agenda

With the defection of Senator Specter (R to D-PA), the Administration and the Democratic majority are on track to having an unstoppable 60 seat majority in the US Senate, which coupled with their majority in the House, makes it possible to make rules, limit debate, stop filibusters, and “ram through” (or pass, depending on your political persuasion) legislation as they please. Specter faced an uphill battle to win the Republican primary after former Rep. Pat Toomey announced that he would challenge Specter. The most recent poll of Pennsylvania voters showed that 51 percent of Republicans support Toomey while only 30 percent said they would support Specter. This could very well become a mixed blessing, however, since the big D’s could now take not only all of the credit for any successful legislative initiatives, but the little d’s might receive all of the blame (and wrath of voters) should things not work out as they hope…stay tuned! 

iRadio Still a Big Hit

Apple announced this week that iPhone and iPod Touch users have downloaded 1 billion applications, only nine months after its App Store launched. The billionth app, was downloaded by a 13-year-old in Connecticut. The App Store currently sells more than 35,000 different applications, including iRadio, which is their most popular app!  

Copyright Royalty Fee – Monthly Usage Statement of Account Form and Quarterly Report – Due by May 15^th

All commercial and noncommercial webcasters (and those simulcasting radio programming on the Internet) must submit the Monthly Usage Statement of Account Form for the month ending March 31, 2009, before May 15^th, 2009, even if the webcaster or simulcaster has not exceeded its minimum fee liability. The form must be submitted to SoundExchange via email,file transfer protocol (FTP), or CD-Rom. SoundExchange will accept payment in the form of a check, a money order, or a bank transfer. A hardcopy of the form should also accompany the payment. Additionally, commercial and noncommercial webcasters and simulcasters must file the Report of Use form by this date. 

Second Annual 'Rising Through The Ranks' Scholarship

The partnership of the Radio Advertising Bureau (RAB), BMI and the Mentoring and Inspiring Women in Radio Group (MIW) is now accepting scholarship applications for the 'Rising Through the Ranks' program.  The two-day training seminar dedicated to the support and advancement of women in Radio sales management will be held August 25-26 at the RAB Radio Training Academy in Dallas, TX. The 2009 Women in Radio Management & Leadership Training Seminar is designed to enhance women's knowledge and skills in Radio sales management.  Designed for relatively new and up and coming sales managers, it will focus on critical sales management techniques and cover everything from time management to public speaking. NJBA Board Member Dan Spears of BMI announced that BMI will be providing 25 scholarships for this year's program.  These scholarships cover the cost of the training course and help promote the advancement of female managers.  Heidi Raphael, VP of Corporate Communication for Greater Media and spokesperson for the MIW Radio Group, commented: "As we continue our efforts to create opportunities, educate and support the careers of women in Radio, 'Rising Through the Ranks' and similar programs remain essential to the advancement of women in management roles. Scholarship applications and registration are available at www.RAB.com and will be accepted now through July 17, 2009.  The training course is limited and applicants are encouraged to submit early to hopefully secure a spot. 

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