NJBA Weekly Newsletter Friday, June 19, 2009

New Jersey May Get Full Time TV Station
Just when you think nothing would surprise you, NJBA’s Bob McAllan and company announced their hopes of moving a Nevada television station to Middletown, bringing a commercial TV station to New Jersey. Bob is a managing member of PMCM TV LLC, which has purchased the licenses for KVNV Channel 3 in Ely, Nev., and KJWY Channel 2 in Jackson, WY. The principal investors of PMCM are also those of Wall-based Press Communications, which owns several radio stations, including 106.3 FM Hit 106 and 107.1 FM, The Breeze. "This is a once in a lifetime opportunity," McAllan said. The move is still in its early stages. McAllan could not say what type of programming would be on the station. "What we're hoping for is we can find something in that genre that will give us the basis upon which to build local television service." Press Communications also developed radio station New Jersey 101.5 FM, now owned by Millennium Radio New Jersey. "We took a station that was failing and everybody laughed at us for putting locally produced talk on FM and look at what ended up happening," McAllan said. "We're not afraid to take chances. We're not afraid to be innovative." The advent of a full power NJ TV station is exciting and the NJBA wishes Bob and his colleagues the best of luck in this new adventure.

Congressman John Adler Heading in the Right Direction

In another victory for New Jersey Broadcasters, Congressman John Adler (D-3^rd) withdrew his support of the Performance Tax and has asked that his name be removed as a co-sponsor of H. R. 848. The Congressman has not as of yet signed on to our legislation (H. Con. Res. 49) but he is studying the Local Radio Freedom Act and we are hopeful he will add his name to the growing list of House Members who are showing their support of New Jersey’s broadcaster community. You can help him make up his mind by calling the Congressman at 202-225-4765 or 856-985-2777 and urge him to “make the move complete” by becoming a co-sponsor of the Local Radio Freedom Act today.   

Broadcasters Earn Widespread Support in Battle Against Tax

According to RBR/TVBR, “A lot of third party observers do not see the point of the Performance Rights Act. For example, the Tribune Democrat in Johnstown PA points out the obvious – that because of financial distress, labels are now willing to ignore all the good radio has done them for decades in a desperate cash grab. And Harry Shearer, who speaks as both a copyright owner and avid user of media said of the labels, “But when you hear record companies talk about artists' rights, the only appropriate response is a loud, rude guffaw, because these people wouldn't recognize artists' rights if they swallowed them, and they do."The Johnstown Tribune Democrat wrote, “Great artists such as Elvis, The Beatles and Queen, and many others, owe their very existence to local radio stations.” Calling the notion of a performance tax “Hogwash,” it said, “That is a helluva business plan, recording industry! Hurt your partners – the ones that promote record sales and concerts every day of the year. Duh! For more than 80 years, a mutual beneficial relationship has existed between radio and the recording industry. Record labels and performers have prospered from airplay by local stations.” The newspaper also noted how radio is out and about volunteering in their community, but they’ve never seen a record executive do anything for the general good. To be sure, “no other music format has numbers that compare with free-over-the-air-radio’s estimated 235 million listeners a week.”

FCC Nominations to Sail Through Senate Confirmation

Democrat Julius Genachowski and Republican Robert McDowell ran into no opposition or complications at the Senate Commerce Committee's hearing Tuesday on their nominations to be chairman and commissioner of the Federal Communications Commission, respectively. Genachowski stated unequivocally during the hearing that he does not support the return of the Fairness Doctrine. Commissioner McDowell said his support has always been for policies that do not stifle "freedom, innovation, and more choices" for consumers. Senate Democrats would like to confirm the nominees before the July 4 recess, but one senator noted there was no leadership agreement yet to clear away potential hurdles. Even if there's no opposition to nominees, they can get caught in partisan battles or held up by an individual senator upset about an unrelated issue. The NJBA has contacted Senator Lautenberg, who serves on the Senate Commerce Committee, in consultation of these nominations. 

The Trenton Report from The Marcus Group

When New Jersey was joining with many other states in enacting a Silver Alert Law, NJBA President Paul Rotella warned lawmakers that it could be subject to abuse and misuse, which could result in the death of a child. Rotella didn’t want the legislature to water down Amber’s effectiveness with its misguided employment in other “alert” triggers. This pointed observation shook many legislators from the feel good folly of using the EAS in announcing “Silver Alerts”. Senator Philip Haines, Assemblywoman Dawn Addiego and Assemblyman Scott Rudder have responded to this situation by introducing legislation this week that would make it a crime of the fourth degree to provide false information to a police officer or a law enforcement agency that results in triggering an unnecessary or false Amber Alert. A crime of the fourth degree is punishable by a prison term of up to 18 months or a fine of up to $10,000, or both. The sponsors recognize the stern warning made by the NJBA that a false Amber Alert can lead at best to a significant waste or diversion of law enforcement resources and may undermine the effectiveness of future Amber Alerts that are broadcast, and at worse, a tragic loss of life.

DTV Transition Went Well Because of Broadcaster’s Efforts

Last week’s DTV switch over went very well with no significant problems largely because of the mighty effort of broadcasters around the country in education the public of this transition.  The FCC reported that their national call center received only 317,000 calls on Friday.  The average wait time through the day was in the 4-5 minute range.  The FCC staff was pleased that there were very few problems reported that did not have solutions. 

Atlantic City Station Sees New Owners

Medford Lakes-based Hope Christian Church of Marlton bought another station, which it will operate as a satellite of the Christian teaching “Hope FM.” The station group went for $50,000 to add Brigantine, NJ-licensed WWFP to its flock. It’s a Class A at 90.5, and the seller is Calvary Radio Network. Buyer, Hope Christian Church is also holding the construction permit for a new Class A at 88.1, licensed to Barnegat Light.

RAB Offers New Personal Memberships

MRC Meets with FCC (Again)

Arbitron Cites Great Ratings for Radio

Nominating Committee Proposes 2009-2010 Slate

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