NJBA Weekly Newsletter Friday, November 6, 2009

NJBA: WE HAVE OUR WORK CUT OUT FOR US

This year, our industry has withstood numerous attacks propelled by powerful and dangerous adversaries, threatening our very existence as broadcasters. I say this not in hyperbole or in false warning. Our opponents are ferocious. The threats against our industry are real; they are formidable, and they are numerous. That is why, now more than ever, it is more important that your station remain a strong supporter of the NJBA.

New Jersey is a most unique and important marketplace and we need our own voice to represent our unique and vital interests. Many times, the NJBA is the only force fighting for you and your station against the onslaught of regulatory and economic pressures working against your station every day. Your membership investment and participation in our NCSA and Public Education Program is critical to us going forward.

In order for the NJBA to do our job for you, we need your sustained, strong support.  You may find more communication from us in the coming weeks, in order to share the latest information with you and your stations. You may also find more requests from us to make telephone calls, to send e-mails and to help us to protect your voice.

Next week, we send our representatives to Washington, D.C. once again, to meet with FCC and Congressional staff to drive home our strong opposition to a Performance Tax and to highlight our concerns about LPFM interference and the antiquity of our EAS system in New Jersey.  We are also prepared to continue a major anti-Performance Tax campaign on statewide radio and TV. The decision to wage this campaign on both television and radio will depend on how our meetings go in DC.  Radio played such an important role during the public awareness campaign for the DTV Transition; now we need Television to give back to radio and to support our broadcasters during this critical time.

You can be proud that the New Jersey Broadcasters Association has been fiercely fighting for your rights and supremacy as a valued member of our New Jersey Broadcaster Association across the spectrum of challenges facing our industry. You can be confident that we work to protect your rights and to prevent the further erosion of your broadcast interests in Washington and Trenton. But, we need to continue to be strong and resolute in our opposition to the myriad challenges threatening our industry. We have a renewed commitment to the preservation of our broadcaster interests in Washington DC and our heightened presence in our Nation’s capital cannot be ignored. Working directly with the FCC and Congress, your association is recognized as the clear voice of New Jersey broadcasters and we speak forcefully and tirelessly for your station and your staff in the halls of Congress and in our Statehouse. Without question, your association needs your support and help to be effective. That’s why we need you to renew your valuable membership with the New Jersey Broadcasters Association.

In the coming weeks before Thanksgiving, each station will receive an invoice for 2010 Membership Dues.  Again, there will be no increase in dues.  Again, we remind you that the only revenue we can use for lobbying are your membership dues. We need to be strong since we are the only voice for New Jersey broadcasters and the unique issues facing our industry in the Garden State. Please respond quickly and help us make sure we are not stopped in our important work in Washington. On behalf of the NJBA Board of Directors, thank you for your continued dedication and strong support!

New Biennial Ownership Report (Form 323) is Due by 12/15 

It’s official. The FCC Media Bureau has announced that the new biennial Ownership Report (FCC Form 323) is due to be filed by December 15, 2009. Information in that form must be current as of November 1st. The FCC says all stations must file the report between November 16 and December 15. These new rules seem to dovetail nicely with the FCC’s priorities to increase minority and female ownership and to make license renewal a serious hurdle again. The NJBA provided its members with a detailed notice of the new requirements this week.

Performance Tax Advocates Want to Talk

Senate Judiciary Committee chairman Patrick Leahy (D-VT) and House Judiciary Committee chairman John Conyers (D-MI) are hoping some public pressure will bring the NAB to the negotiating table with the music industry, which seeks a performance royalty. The NAB says it's willing to talk -- but its message will be how damaging the fee will be to hometown radio stations. The NJBA is resolute against any negotiation that will lead to a Performance Tax of ANY amount. We all know, it can only go up and broadcasters cannot countenance the inequity of this prospect.

We Are Not alike!  

The internet and satellite applications referred to in mislabeled “equitable royalty fee” arguments of Performance Tax advocates serve merely as signal reception sites or “web-based antennas” for content emanating from a great broadcast radio station. Compared to free over-the-air radio’s more than 235 million listeners in the United States alone, satellite and   subscription services reach less than 10% of radio’s ever expanding and diverse listening base.  And it’s free! Think about how many people in today’s economy can afford to pay to hear radio in the first place. That’s why their subscriber base is contracting. By the way, if anyone wants to see the effects of wrongheaded Performance fees, just look at the recent 30%+ increase in satellite’s monthly subscription fees, and the “going dark” of some radio stations’ steaming audio on the net, due largely in part to the ever-increasing royalties charged to stream content. Avoid the static and just say “No” to any Performance Tax.  

New Regs May Put First Amendment Under Attack Again

The Future of Music Coalition, wants the FCC to become data central for radio information - down to the level of knowing how much time is spent covering high school sports in the US. The basic goal is to determine how much of radio programming is locally produced, compared to how much is syndicated or network.  FMC says it should also be made available in searchable, sortable database form for internal FCC as well as public research and analysis. Clearly, this is an unconstitutional attempt to interfere with programming and will thwart radio’s freedom regarding content and drive up already oppressive regulatory compliance costs. The NJBA will monitor this latest attack on the radio industry and will keep our members advised of any new developments in this emerging regulatory matter.

Taylor on the Move

NJBA First Vice Chairman Dick Taylor announced his separation from Clear Channel Tri-State this week. Dick served as the station group’s General Manager for WSUS/WTOC/WNNJ-FM/WHCY since March of 2007. Before joining Clear Channel, Dick built and managed Atlantic City’s #1 Audience/Revenue stations for 13 years. Dick has been an important voice for New Jersey broadcasters helping to spearhead our fight against the Performance Tax. Of course, Dick has pledged to remain active in all association activities. Dick may be reached at DTaylorGM@aol.com.  The NJBA wishes Dick good luck in all of his future endeavors.

The Trenton Report: From The Marcus Group

As you know, Election Day was this past Tuesday and New Jersey has a new Governor. In yesterday’s elections, Republican candidate Chris Christie defeated Democratic incumbent Jon Corzine for the Governor’s seat by a four percent margin: 49 percent to 45 percent. Independent candidate Chris Daggett secured about 5 percent of the vote. Christie, who will be sworn in as New Jersey’s 55th governor in January, is the first Republican to win a statewide election since 1997. Though Republicans picked up one General Assembly seat in the 4th District, Democrats held on to their majority in New Jersey's lower house. The two state Senate seats up for grabs were retained by their respective parties – these seats had been vacated by former state senators John Adler (D) and Leonard Lance (R) when they were elected to Congress last year.

Additionally, 52 percent of voters said yes to the Green Acres ballot question, which sought approval to borrow $400 million for open space initiatives across the state.  

The NJBA wishes Governor-elect Christie and his new administration good luck and God’s speed as they face the daunting task of running our state in Trenton. We also wish to express our appreciation to Governor Corzine and his team for their dedication to the citizens of New Jersey over that past four years. The NJBA pledges to continue our proud history of strong support and unselfish service to the people of this great state and we look forward to working with the new administration in the years ahead. Congratulations to all the winners!         

Operation Medicine Cabinet Backed by NJBA

On Saturday, November 14th, residents of New Jersey can dispose of their unused, expired and unwanted medicine as part of Operation Medicine Cabinet New Jersey. Operation Medicine Cabinet New Jersey will be held in over 420 municipalities throughout New Jersey.  This initiative is available for all New Jersey residents to properly dispose of their unused, unwanted, and expired prescription and over-the-counter medicine. Operation Medicine Cabinet New Jersey is a statewide initiative that is the first of its kind in the nation, and is brought to you by the Partnership for a Drug Free New Jersey, DEA, the NJ Attorney General’s Office, the New Jersey Broadcasters Association and our great New Jersey broadcasters.  This is another fine example of the valuable community service provided by the NJBA and our great garden State broadcasters through our NCSA/PEP program, which is made available to government agencies and select non-profits across the Garden State. The NJBA wishes to thank our broadcasters for their constant support of all NCSA/PEP sponsorships, which make this important program possible. Visit www.operationmedicinecabinetnj.com to locate a collection site in your community.  

Thank a Veteran

This coming Wednesday as the 11^th hour, of the 11^th day, of the 11^th month passes, please remember the sacrifices made by our veterans in service to our country and our freedoms.  Let us not fail to keep our appreciation for their service by keeping our promise to support them now and forever.  Thank you to all our New Jersey Veterans on behalf of the grateful citizens of New Jersey. 

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.