One to Everyone!, Trump Plaza, Atlantic City, NJ

June 8^th and 9^th, 2010

2010 Mid Atlantic Broadcasters Conference

One to Everyone!

The 2010 Mid Atlantic Broadcasters Conference set for June 8th and 9th at Trump Plaza, Atlantic City is shaping up to be a huge success!  And with dozens of entries to our prestigious “Best of the Best” awards, we hope to have a full house as broadcasters from around the state compete for the “gold” ring! Registration for our conference is open and we are already getting a great response from our members!  Please note:  This year, all registrations will be processed at the Broadcast House.  You can either download a copy of the registration form from our website or call the NJBA office 1-888-657-2346 and request a copy.  Please make sure to book your room at Trump Plaza for our conference by May 17, 2010 to take advantage of our special reduced room rate at https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=2500996  to make your reservations on online or call 1-800-677-7378 and mention the NJBA Conference. Check out all conference activities on our web site www.njba.com and look for a special Conference Edition of QuickNews next week.  See you at the Shore!                       

NJBA Officer Slate for 2010 Term

The NJBA is pleased to report that the Nominating Committee met this week and nominated the following slate of Board Officers for the 2010-2011 term: Executive Committee Members: Robert McAllan-Immediate Past Chair; Bill Saurer-- Chairman; Scott Taylor- First Vice Chair; Bob Dunphy- Second Vice-Chair; Dan Finn -Sect/Treasurer. The At-Large Voting Board Member Nominees are: Charles McCreery, Bob Maschio and Art Camiolo. Our Affiliate/Associate Member Nominees are: Joe Bilotta -New York Affiliate; Pat Delsi-Life Member and Philadelphia Affiliate; John Mozes -Public/Educational Member; Dan Spears from BMI as our Associate Member Rep. and Dick Swetits for our Engineering  Rep. In addition, the Board of Directors approved the slate for presentation to our membership and vote. Elections will take place at our Annual Meeting, which is set for June 8th, 2010 at 2:30 PM in Roberto’s Restaurant/Lounge at Trump Plaza. I look forward to seeing you at our conference. 

NJOEM Quickly Responds to Last Week’s EAS Malfunction

Like the technical glitch that occurred on Wall Street last week, the Amber Alert of April 28 suffered a technical problem which in turn cascaded into a procedural error. On the technical side, the equipment associated with NJOEM's "EAS takeover system" which utilizes the state's 800 MHZ trunked radio system has been properly adjusted. The EAS signaling tones and the message voice recorder have been optimized for clarity and intelligibility. On the procedural side, the ROIC supervisors have made the necessary changes to the SOP manual so that multiple EAS activations will no longer occur. Likewise, the SOP also reflects that EAS activation is not to be used to cancel EAS activation. Bob Schroeder, our NJOEM Communications and Warning Officer, has been working with the NJBA and SECC, as well as Nick Morici and the NJSP to help rectify this situation and is hopeful that the efforts of all parties will bring New Jersey into compliance and efficiency in all EAS matters, especially the critical AMBER Alerts that save abducted children. As a result of the outcry from the last failed EAS activation, the NJSP has called for a  "hot wash" meeting, which will include NJBA President and CEO  Paul Rotella, to discuss this and other EAS issues, which has been scheduled for May 17. While there is still much more that needs to be done, the NJBA Commends the quick response and hard work of these dedicated state officials and law enforcement in addressing this particular problem with our EAS. 

RAB Offers Sales Help to Advertisers as Well as Salespeople

RAB.com re-launches the “For Advertisers” section, aimed at both new and existing advertisers. President/CEO Jeff Haley says “our member response team continues to field calls from first-time advertisers looking for a Radio 101 tutorial.” It’s built to be valuable to stations. Access is free to advertisers and agencies, with registration required for full access. The new and expanded version of RAB.com devoted specifically to the needs of advertising and their clients. The “For Advertisers” section is dedicated to helping current and potentially new Radio advertisers understand the unique and powerful nature of the medium.  It is also a resource for sellers to learn and share with their clients. RAB will be presenting two complete sales training course curriculums, including a comprehensive interactive Digital Program at the 2010 Mid-Atlantic Broadcasters Conference on June 9^th. For more details go to www.NJBA.com.

An Ounce of Prevention…

The FCC's Enforcement Bureau issued a $21,000 notice of apparent liability to World Media Broadcast Co. for a host of problems at WCLM-AM/Highland Springs, VA. After Enforcement's Norfolk field office received a complaint, WCLM was inspected and the agent found that the station had no functioning EAS system. A station manager and a "technical representative" said the equipment had been removed for repairs, but there was no log to confirm that, and the agent observed that the EAS unit was installed but not connected to the transmission system. The station representatives were unable to send a test, and didn't know when the EAS was last working or when the last test was sent, and there were no logs to show that any of the required weekly or monthly tests had been sent or received. Inside Radio reported that the Enforcement Bureau's $21,000 NAL includes $8,000 for the EAS problems, $3,000 for violating transmitter-control requirements, and $10,000 for the public-file violations. Guess they should have had an ABIP inspection. Would have saved them a bundle and a lot of heartburn, too. Call the Broadcast House today and schedule your ABIP inspection with Mary today!

STELA Gets Her Grove On

Gocha! After six months of temporary extensions of existing law, Congress has approved a five-year reauthorization of the Satellite Television Extension and Localism Act (STELA), extending the licenses used by satellite companies to December 31, 2014. The final bill was the result of more than a year of negotiations, hearings, markups and more negotiations. At the outset of the process, several key priorities were identified:  ensuring that the bill did not lead to an erosion of retransmission consent rights; preventing harmful modifications of television DMAs; and the promotion of local into local in all 210 markets. Broadcasters achieved each of these priorities.  The bill will now need to go to the President for his signature.

Mixed Picture on Free-Speech Issues for Top Court Nominee
U.S. Supreme Court nominee Elena Kagan offers a mixed record on First Amendment issues, according to this article. This according to Broadcasting and Cable. Her academic record suggests to some that she is at least "moderately pro speech," but her work as solicitor general in representing the U.S. in the Citizens United case and other similar efforts to make less speech protected is of concern to others.

Radio Music License Committee Wins First Round

Tom Taylor broke the news that late last night. RMLC Executive Director Bill Velez announced that Judge Denise Cote ruled in favor of the RMLC who won “significant fee relief”, which will lower ASCAP fees by $40 million when compared to 2009 levels. “This is cheerful news for stations who belong to the RMLC.” NJBA pal Velez says he's not done, by any stretch of the imagination. In the arcane world of music licensing, Judge Cote's "interim fee" structure replaces a "temporary fee" agreed to by both ASCAP and the committee. But litigation continues to reach a permanent rate card. That could be the product of either the Rate Court or direct negotiations. Those fees, whenever they're finally hashed out, will be retroactive to January 1, 2010. (Expect some radio CFOs to do even more rainy-day saving so there's not a bitter surprise with the permanent rate.) Velez says stations should see the new lower "interim fee" in their ASCAP bill for either June or July.

Partnership for a Drug Free New Jersey has New NJ Idol

High School Student Amanda Taylor won the competition singing her original composition “Wake Up” to a sold out crowd last night at the New Jersey Performing Arts Center I Newark. Amanda hails from Salem County and was one of the fantastic finalists who made it to the big stage. Ambitious and adventurous, Amanda loves the arts as a whole, including reading, traveling and Philosophy.  Her inspiration comes from her favorite artists, Josh Groban and Mariah Carey, as well as the world around her.  New Jersey resident and Broadway Actor Patrick Boll  served as a host for the 2010 New Jersey Shout Down Drugs Prevention Concert, which is sponsored by the Partnership for a Drug-Free New Jersey. Boll introduced 37 talented high school students, representing New Jersey’s 21 counties, who performed their peer-to-peer substance abuse prevention themed songs and competed to win over $10,000 in prizes.

New Jersey Shouts Down Drugs ("NJSDD"), now in its sixth year, challenges high school students to create original music and lyrics with powerful substance abuse prevention messages to allow teens to deliver the prevention message to each other through their favorite medium. County Finalists are chosen to perform their songs at the Annual Statewide Prevention Concert, held in May, at a state-of-the-art venue.  NJBA President & CEO Paul Rotella was honored to serve on the panel of Judges that selected the First, Second and Third Place Winners, who receive music contracts worth $5,000, $3,000 and $2,000 respectively to perform their winning songs at different events throughout the state during the year. Rotella had the privilege of addressing the finalists before the event telling them that “some of you will go on to become very famous and successful, but all of you will undoubtedly be a success!  The NJBA supports your efforts and is proud of your leadership.” The NJBA congratulates all of the contestants on their outstanding performances and accomplishments and salutes the Partnership’s Executive Director Angelo Valente and his outstanding team for their dedicated hard work in helping to prevent substance abuse around the Garden State.

Mark Your Calendar for the Radio Show

Mark your calendar now for the opportunity to join your radio industry colleagues at the Radio Show in Washington, D.C., September 29 - October 1. For the first time ever, the show will be produced by the Radio Advertising Bureau and the National Association of Broadcasters and promises an exciting knowledge gathering and networking experience that will help you strengthen your business strategies. For more information about the Radio Show, visit www.RadioShowWeb.com . See you at the Radio Show!

Johnny Sack and MLB Pitcher Hit the Big Leagues

Last week, QuickNews told you about the fabulous NJ Hall of Fame Awards and this week, Gov. Chris Christie nominated former major league pitcher Al Leiter, a Toms River native who played for the Yankees and Mets, among others, during a 19-year big league career, and actor Vincent Curatola of Upper Saddle River, who played Johnny "Sack" Sacramoni in the popular HBO gangster drama “The Sopranos" to the New Jersey Hall of Fame Advisory Commission. Al Leiter is currently a baseball analyst with the MLB Network and the Yes Network. Both men were appointed to the Republican governor's transition team last year as members of the Gaming, Sports and Entertainment subcommittee. Their latest appointments are subject to Senate confirmation.

FCC Commissioner Experiences Technical Difficulty Beyond His Control

Rob McDowell is the well-liked FCC Commissioner who’s suddenly not on the eighth floor – he had emergency gall bladder surgery over the weekend. Tom Taylor (Taylor on Radio) reports that his office says the procedure was successful and he’s “recovering at his Fairfax County VA home with his family.” The FCC’s next monthly “open meeting” is Thursday, May 20.  Commissioner McDowell was appointed to the FCC by President Bush in 2006 and re-appointed by President Obama in 2009 – the first Republican to be appointed by President Obama to an independent agency. Commissioner McDowell expects to be "working at full speed back in the office" in a few days and the NJBA wishes the Commissioner a full and speedy recovery.

Ad Tax Introduced in PA

QuickNews just talked about the concerns many have regarding such a wrong-headed move and almost on cue, Pennsylvania Governor Ed Rendell (D) included an across-the-board tax on advertising as one of 72 proposals to raise new money for the Keystone State.  Pennsylvania broadcasters helped defeat a similar idea five years ago.  But with many new legislators elected, the focus has been explaining the economic impact of advertising and how difficult it would be to administer. Pennsylvania broadcasters also fear an ad tax would send buyers across state lines.  Wyckoff says marketers would likely factor the tax into their media buys, meaning smaller buys for stations.  “I doubt broadcasting would be able to pass that onto our customers,” he says.  As a result, Wyckoff believes stations will be forced to absorb the cost themselves. “You end up dropping an employee or two. Multiply that by the number of stations we have and it becomes quite a big number.” Thank God New Jersey has a right minded Governor and Legislature that understands the job killing nature of such a foolish proposal.

NAB Touts Broadcasters' Local Service in FCC's Future of Media Proceeding

NAB filed comments late last week in response to the Federal Communication Commission's (FCC) public notice on "The Future of Media" that highlight radio and television broadcasters long-standing and continuing commitment to local service. The extensive comments include a new report titled "The Economic Realities of Local Television News - 2010." The report features a survey of television stations that say they produce, on average, 26.6 hours of local news per week, a finding that belies the common misconception that broadcasters are reducing the amount of local news. In its comments, NAB notes that it is both an exciting and challenging time for broadcasters, as digital expansion gives rise to new opportunities, and more competition.

FCC Releases Updated Ownership Form 323, Sets New Filing Deadline of July 8
The Federal Communications Commission (FCC) has released an updated version of the revised Form 323, the Ownership Report form that commercial broadcasters must file every other year. The new filing deadline for the updated form is July 8, 2010. The FCC first delayed, and then suspended, the deadline for Form 323 filings last December due to technical problems with the form and the online submission process. Despite the delay, however, the FCC is requiring filers to include ownership information as it existed on November 1, 2009. Any changes made after that date should not be included in the form.

NJBA Against Expansion of Lowest Unit Rate Charge

In late April Senator Schumer (NY) and Rep. Van Hollen (MD-08) introduced long-awaited campaign finance reform legislation in response to the January Supreme Court ruling in Citizens United v. FCC. As you know, Citizens United challenged, on First Amendment grounds, the campaign contribution limits imposed by the landmark 2002 McCain-Feingold campaign finance reform law, and the Supreme Court struck down the limits on corporate, union, and third-party election communication and advertising.

While the legislation introduced is largely about campaign finance issues relating to contribution limits and disclosure of third-party advertising, it also contains a section relating to Lowest Unit Charge (LUC) which would expand the availability of LUC beyond federal candidates to also include political parties and political committees.

Any language that would expand LUC is a concern, and we are engaged in the development of this legislation. We have met with House and Senate leaders on this issue to express the views of industry, and will continue to do so now that this legislation has been introduced. We will continue to keep you updated on any developments. The NJBA will most certainly be monitoring this delicate issue, which could have far reaching ramifications for our industry.

NAB Education Foundation Celebration of Service to America Awards Monday, June 14, 2010, Washington, D.C.
Plans are well underway for the annual Celebration of Service to America Awards presented by the NAB Education Foundation. This year's gala event will be held on Monday, June 14 at the Hyatt Regency on Capitol Hill in Washington, D.C. The evening starts with a reception at 6 p.m. and the dinner and presentation of the awards are from 7 to 9:30 p.m.