NJBA Weekly Newsletter Friday, December 11, 2009

RADAR: Radio Reaches 236 Million Weekly

Radio remains King of all media! The latest RADAR 103 national listening report continues to show the medium's reach, with 93% of Americans (12+) tuning-in at least once a week. Radio reaches 95 percent of college graduates ages 25-54 each week, and nearly 96 percent of 25-54s with a college degree and annual income of $50,000 or more. Nearly 93 percent of black non-Hispanic persons 12 and older hear radio every week, as well as 94 percent of black non-Hispanics and Hispanics ages 18-49.  Among teens (12-17) radio also continues to hold most of its audience despite new music options. The RADAR report shows 90% of the young demo still listens weekly. The full RADAR 103 report for the 56 affiliated networks will be out on December 14.  

Bruce Bites Back at Record Companies

You may recall Quick News related a story about Michael Jackson criticizing the big record companies for not “Playing Fair” when it comes to paying royalty fees to artists. Well, New Jersey’s own Bruce Springsteen has joined the chorus of singers suing record labels for royalties owed to them. Artists including the Boss and Beyonce are part of a class action suit against the Canadian divisions of Warner, Sony, EMI and Universal, the Toronto Star reports. The paper says the labels have "effectively already admitted" that they owe at least $50 million in unpaid fees for music included on compilation albums.  Be careful Boss. This is just another example of the intellectual dishonesty (and perhaps outright fraud) of the foreign owned record labels which is ignored by advocates of a Performance tax in their quest to bite the very hand that feeds them. 

Peter Smyth Sounds Out

Greater Media's Peter Smyth says it's time to "look forward" in the radio business and here's what he sees going into 2010 - even more focus on local communities. Interactive revenues rising to 4% of total revenue. Ratings becoming less important than results. And being open to recruiting "people who may be new to radio", but who bring new concepts, ideas and skills.  

New Form 323 Ready and Waiting at FCC Website

On December 8, the new Ownership Report form for commercial broadcasters was at long last made available for review on the FCC’s website.  The new form is posted on the Commission’s website.  Filers required to complete a biennial ownership report may access the new form on CDBS on and after that date. To assist filers, the Bureau created a dedicated Form 323 website, which contains links to prior orders and notices and includes “Frequently Asked Questions” (FAQ) about the form and its electronic filing capabilities. The website is available at http://www.fcc.gov/form323.

New EAS Filing

Dale Gehman has filed a Notice of Further Rulemaking with the FCC regarding the EAS. The Notice requests the FCC consider setting aside EAS Rule ‘§11.56’ which requires Broadcast and Cable facilities to purchase new equipment in order to receive CAP-formatted alerts UNTIL such a date that the FEMA/DHS ‘Integrated Public Alert and Warning System - IPAWS’ – CAP is fully operational.  Unless this rule is suspended, Broadcast and Cable facilities will be purchasing an initial version of CAP equipment at least two years before the system can be fully operational.  [IPAWS operational status is not likely until 2012 or later.] It also requests the FCC charter an Emergency Alert System Advisory Committee [EASAC] modeled after the Commercial Mobile Service Alert Advisory Committee [CMSAAC] and structure and task this new FCC ‘EASAC’ with developing an EAS-CAP end-user-interface and proposed CAP-to-Air EAS Rules no later than January 1, 2011; and also establish a new EAS Rulemaking to review the proposed CAP-to-Air EAS Rules that are sure to result from an FCC ‘EASAC’ and adopt those EAS Rules by June 1, 2011, to enable a true next-generation advanced EAS-CAP schema and the retirement of EAS-SAME, with an effective date of January 1, 2012. You may read the complete filing at: http://fjallfoss.fcc.gov/ecfs/comment/view?id=6015500512

Fines, Fines, Everywhere a Fine!

Membership in the NJBA not only helps protect broadcaster and first amendment rights, but it also comes with substantial discounts in Alterative Inspection Fees booked through our offices. Last week we saw another example of how valuable that membership benefit is when the FCC issued a $20,000 fine on Boone Biblical Ministries over public file violations at KFFF-AM & KFFF-FM/Boone, IA. Even though Boone disclosed that there were missing issues/program lists in their public files for the stations. When the FCC inquired, they found that the violations were "extensive," and issued a notice of apparent liability for a forfeiture of $10,000 per station. Boone responded that the FCC had imposed the file based on an incorrect determination that the public file didn't have any of the required information, said the renewal was its first and only chance to report the violations, and cited a history of compliance. It also said the fine was out of proportion with other fines for small religious broadcasters that, it said, had more serious violations. The FCC rejected Boone's arguments and affirmed the $20,000 forfeiture, a sum many, many times that of the cost of an ABIP inspection fee.  Don’t let this happen to you. Call Mary at the Broadcast House and schedule an alternate inspection for the New Year.

SHVERA Moves Forward

Also late last week, the House passed the SHVERA bill. While it is uncertain if the House will vote on their version of the bill by winter recess, one thing is for sure: there is still much work that needs to be done before a final version acceptable to both houses of Congress can vote on final passage. Then it’s off to the White House for the president’s signature, however, since father time marches on, a short-term extension of the existing law may be passed in the meantime. The NJBA will continue to monitor the bill’s movement on the Hill.

The Trenton Report: From the Marcus Group

Governor-Elect Chris Christie named his key front office team to guide his Administration. Former state legislator Rich Bagger will be the Chief of Staff. He currently is the co-chair of the all important Christie Treasury Transition Team. His top deputy will be Bill Stepian, Christie's campaign manager. Down the hall, Jeff Chiesa will serve as Counsel to the Governor and Kevin OI'Dowd will hold the number two spot in Counsel's office. Both Chiesa and Dowd served with Christie in the US Attorney's Office.   Bagger has extensive governmental experience serving both in the Senate and Assembly as well as Mayor of his hometown of Westfield. Chiesa has worked for Christie for 18 years. The NJAB wishes all the new appointees well as they take on the enormous challenges facing them this January.

Atlantic Broadcasting Celebrates at Resorts

New NJBA Board Member Brett DeNafo and his team from Atlantic Broadcasting hosted a festive holiday party in Atlantic City last evening which was attended by over 250 of Atlantic’s employees, sponsors, family and friends, including NJBA President Paul Rotella, who was a special guest of Atlantic. The upbeat theme of the event was topped off with live holiday music and a short program where Paul thanked Brett and Atlantic for their support of the NJBA and especially their commitment to fight the Performance Tax, and Brett thanked his staff and sponsors for their support of Atlantic and shared his optimistic outlook for 2010. The NJBA wishes Brett and his team continued success as we all look forward to a healthy and prosperous new year.

The NJBA Wants To Know

If you have any news at your station or group that you want included in Quick News, just drop us a line at mary@njba.com anytime. We always like reporting news and events of our great New Jersey broadcasters around the Garden State. 

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.

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