NJBA Weekly Newsletter Friday, June 12, 2009

Thank You New Jersey Broadcasters

Because of your tireless efforts, broadcasters once again beat back an assault on our industry by the foreign owned record companies and their Washington lobbyists’ intent on destroying New Jersey radio. Your participation in our public informational campaign against the horrors of the consequences of the mis-guided Performance Tax was a key component in our garnering a clear majority of Congressmen against the P-tax, who instead endorsed the Local Radio Freedom Act. Thank you for all of your generous contributions and leadership in this crucial undertaking.

 

The NJBA also commends the noteworthy efforts of all broadcasters, radio and television, who took part in the most comprehensive public awareness campaign in American history by education and informing their communities of the DTV transition, and thanks them for their ever-continuing dedication to public service. That honorable distinction is just one more example of how New Jersey radio and television broadcasters distinguish themselves from paid subscription service providers. Everyone, including the FCC and those in Congress who would support the greedy foreign owned record companies with a Performance Tax and the fallacious fairness doctrine, should take note of this precious difference and rally behind one of America’s greatest resources:  Broadcasters!

 

Congressman Garrett Joins House Coalition Against Performance Tax

 

Congressman Scott Garrett became the 234^th Co-sponsor of the Local Radio Freedom Act last evening, showing New Jersey Broadcasters that they can count on his faithful support and advocacy.  While New Jersey is the ultimate beneficiary, we at the NJBA are particularly grateful for Congressman Garrett’s support and we thank him for standing up for New Jersey radio and recognizing just how valuable it is to the citizens of the 5^th District and indeed all of New Jersey.  The NJBA sends a special thank you to Treasurer Dick Taylor for his powerful and tireless advocacy on this issue in the 5^th District.  Thank you to all of our valued members of Congress who join the NJBA in our ongoing effort to keep New Jersey radio strong and free!

 

NJBA Remains Visible in DC

Last week, NJBA President Paul Rotella attended the June FCC meeting and met with Commissioners and Congressmen advocating the interests of New Jersey Radio and Television Broadcasters. This week, he and Press Communication’s Robert McAllan appeared before the FCC to argue NJ’s Petition for Rulemaking, which has been languishing in limbo at the FCC for over five years! The New Jersey Broadcasters Association proposed amendments to Sections 73.807 and 74.1204(a) of the Commission’s rules to remedy a severely inequitable allotment of full power commercial FM stations to the state of New Jersey. Section 307(b) of the Communications Act requires the Commission to distribute “licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of radio service to each of the same.” The Petition examines comparative data from neighboring states to conclude that commercial FM licenses have been unfairly, inefficiently, and inequitably distributed to New Jersey.

Desperate MusicFIRST Draws First Blood at FCC

In what can only be described as a shameless act of desperation, RIAA-backed MusicFIRST says radio stations are preventing it from buying advertising to promote the Performance Rights Act, intimidating artists, and refusing to play music by vocal PRA supporters, and it wants an FCC investigation. The NJBA and NAB say the charges are nonsense, but it shows how far this adversary of free-over-the-air-radio will go. They are actually making our case for us by highlighting how valuable our stations’ airplay is to the success of any musical artists’ career. We still maintain, with a tip of the hat to Tom Kean: NJ Broadcasters and Recording Artists are “perfect together!” Let’s keep it that way.

NJBA Joins Media Ratings Council

New Jersey Broadcasters will now be represented on the Media Ratings Council. NJBA President Paul Rotella has been appointed to the MRC’s Board of Directors and serves on the Radio and Television Audit Committees. The New Jersey Broadcasters Association is the first state broadcaster association in the Nation to have a representative sitting on the MRC’s Board of Directors. The activities of the MRC include: The establishment and administration of Minimum Standards for rating operations; the accreditation of rating services such as Arbitron and Nielson, and Auditing, through independent CPA firms, of the activities of these rating services. The Council constantly seeks to improve the quality of audience measurement by rating services and to provide a better understanding of the applications (and limitations) of rating information. 

The Trenton Report from The Marcus Group

June is budget month in Trenton. Turning seawater into gold may be an easier route to fiscal solvency for most states this year and New Jersey will be no exception. Our state legislators will be busy trying to find ways to fund the needs and services of the Garden State. Especially in a gubernatorial election year, you can expect this activity to be highly charged, and perhaps, highly entertaining.

Legislation creating a Silver Alert is scheduled for a hearing in the Senate Budget and Appropriations Committee this week.  In committee, it will be made identical to the Assembly version of this bill, which already received approval from that house.  This version includes amendments sought by the NJBA to make the program voluntary and not utilize EAS.  Additionally, a bill prohibiting the use of simulated government documents in advertising was approved by the Assembly Consumer Affairs committee last week.

DTV Transition Ends Today

 

The DTV transition doesn't really end today. But, as of midnight, all TV broadcasts across the country will convert to digital transmission. The inhabitants of millions of homes will wake up on Saturday morning, turn on the tube and wonder what happened. They'll finally be forced to take action to restore their service. With the transition winding down, broadcasters should now resolve not only to stop the erosion of OTA homes, but to reverse it. The FCC will keep its hotline 1-888-Call-FCC available for consumers still perplexed by the DTV transition, and more info is available at www.DTV.gov.

 

Free DTV Worth Watching

 

In testimony before the FCC, the Consumer Union's Joel Kelsey said his group continues to receive consumer complaints about "incomplete and sometimes misleading" advertisements in which cable operators push cable as a DTV solution and fail to mention other options. The NJBA joins TV Newsday’s Harry Jessell in his pointed observation that broadcasting is diminished by the loss of each and every over-the-air (OTA) home. Jessell correctly points out that broadcasting's universal reach gives broadcasters the edge over cable in advertising. It alone has access to the total audience -- an attribute still highly prized among mass advertisers. In emergencies, TV stations can reach all the people with critical -- and sometimes life-saving -- information, while, in many cases, operating off the power grid. Because of this, broadcasting is rightly given extra points in Washington during the incessant legislative and regulatory battles. Quick News applauds Jessell’s timely reminder of the many, many benefits of free, universal over-the-air television.  

Thank You Spots to Air for Faithful NJ Congressmen

The NJBA wants to again recognize and thank Congressmen Pascrell,
Pallone, LoBiondo, Andrews, Sires, Smith, and Lance for their leadership
in supporting New Jersey broadcasters and for rejecting the interests of foreign owned record companies. We want to express our heartfelt appreciation and gratitude for their support and advocacy on behalf of not just New Jersey broadcasters, but indeed, all citizens of the Garden State. To that end, we will be providing stations with “Thank You” messages to be aired at their pleasure to recognize the support of our valued Supporters in Congress. We remain hopeful that the rest of New Jersey's Congressional delegation will continue to study the legislation and realize how important it is to New Jersey's economy and residents.

Just When You Thought It Was Safe to Go Back Into the Potomac

Just when we got the House under control with 234+ supporters of the Local Radio Freedom Act - Senate leader Patrick Leahy wants to take up the cause there. Right now, the NJBA, along with every state association in America, is pointing to the number of co-signers of the anti-fee bill and asking House Speaker Nancy Pelosi not to even bother bringing the label-backed HR 848 up for a vote. Now we must make sure that Senators Lautenberg (202-224-3224) and Menendez (202-224-4744) are on board with local broadcasters to preserve and protect New Jersey Radio. Many Washington insiders claim that the bill will never see the light of day, but with this crowd, you can never be too sure. Of course, the NJBA will be monitoring the Senate’s activities closely. Stay tuned for more developments in the weeks ahead! 

FCC Seeks Public Comment on Arbitron/ PPM by July 1^st

NJBA President Paul Rotella recently met with the FCC to explain our concerns about the negative impact current PPM methodologies are having on NJ’s radio ratings and markets.  We ask that you, as a NJBA member organization, consider submitting your own comments to the FCC on those sections of the FCC’s Notice of Inquiry related to PPM and New Jersey radio. We believe now is an appropriate time for you to consider weighing in with your own comments on this matter in response to the FCC’s NOI.  It would be highly unfortunate if the majority of the filings the FCC receives during this comment period were to come from parties that are uninformed about the unacceptable situation in New Jersey as raised through the NJBA.  For that reason, we think it is important that those who support our role and who believe the NJBA’s position is sound and needs to be addressed by Arbitron consider responding to the Commission’s questions as they relate to the New Jersey and other imbedded metros. This applies not only to those of you who may have an interest in the Arbitron PPM issue, but also to anyone with an interest in the role the NJBA and FCC serves within the industry.  The process for submitting comments is explained on pages 17-18 of the NOI document, which is posted on our website www.njba.com.  Comments are due by July 1, 2009. 

Form 323 Ownership Reporting Temporarily Suspended for Some

 

Any FCC licensee who was supposed to file a Form 323 ownership report between now and November 1 doesn’t have to now. That’s because a beefed-up form is being prepared and will have to be filed by all AM, FM, TV, low power TV and Class A TV facilities on November 1. The current system has rolling deadlines for filing 323s, but the FCC's new “we want to know much more about your ownership” form will be due from everybody on November 1, with information current as of October 1. The new form is required to be filed every two years. So the FCC relieves some licensees of the burden of filing two ownership forms in less than six months.

 

AFTRA and SAG Reach New Deal on Commercial Pay

 

AFTRA and SAG members have overwhelmingly approved new three-year successor agreements to the 2006 AFTRA Television and Radio Commercials Contract and the 2006 SAG Television Commercials Contract. Voting was 94 percent in favor of the new agreements, which cover commercials made for and reused on radio, TV, the Internet, and new media.

Recycle Old TV Sets

What are you going to do with all of the old TV sets that aren’t hooked up to a converter? Well, the EPA suggests that they be recycled. Find out more at http://www.epa.gov/epawaste/conserve/materials/ecycling/tv-challenge.htm

 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.