Senate Cannabis Legislation Comes Down to the Wire

NYSBA and other state broadcasting associations continue to seek a legislative solution that will allow stations to accept cannabis advertising under federal law. This may come down to the last day of the session. We have pursued two tracks. Safe Advertising Legislation: There was little need to focus on the House because it already passed broad legislation legalizing cannabis. The …

When Selling a Station Be Careful About Retaining Program Control Though an LMA

In a number of cases, stations have been sold to a new owner, yet the seller attempts to retain control over programming even after the sale has been completed. In most instances, this takes the form of the seller entering into a local marketing agreement (LMA) agreement with the buyer. The key concern here is the FCC’s “Reversionary Interest Rule,” …

NY AG Assesses Fine for Having Radio Personalities Endorse Products They Do Not Use

Influencers, broadcast personalities, and celebrities endorsing products must be careful in New York. Recently, NY Attorney General Letitia James issued a consent decree with Google and iHeart for having radio personalities endorse a product that they did not use. In a recent press release the NY Attorney General’s office stated: “Google and iHeartMedia paid influencers to promote products they never used, …

NYSBA Files to Change FCC Reg Fees

The New York State Broadcasters Association, along with the other state broadcast associations, recently filed comments with the FCC regarding the need to change how it calculates regulatory fees. The FCC opened a proceeding to address concerns about how it calculates regulatory fees. In the comments we noted the following: “The current fee process results in a fee schedule that …

NY Office of Cannabis Management Issues Disappointing Tentative Rules

The New York Office of Cannabis Management (NYOCM) has issued tentative rules to govern adult-use cannabis products. In re-issuing the rules, it has opened a new 45-day public comment period. We had significant concerns with the rules as initially proposed.  NYSBA filed extensive comments last August (see below).  Unfortunately, the tentative rules do not resolve our problems.  90% Placement Rule …

FCC Changes Nielsen Data Report for Determining Carriage in TV Markets

At the FCC’s regular monthly open meeting on November 17, the Commissioners unanimously adopted a Report and Order to update its rules to identify Nielsen’s monthly Local TV Station Information Report (“Local TV Report”) as the new publication for determining a television station’s designated market area (“DMA”) for satellite and cable carriage purposes. The FCC stated: “The Commission’s current rules …

New FM Antenna Verification Rules Now Effective

On May 19, 2022, the Commission released the FM Broadcast Directional Antenna Performance Verification Order, which revised its broadcast radio procedures and rules. This includes allowing for FM and LPFM directional antenna pattern verification by computer modeling performed by the directional antenna’s manufacturer. By Public Notice issued last week, the Media Bureau announced that the notice of the effective date …

Donovan Moderates Panel at the Broadcast Forecast 2023 Conference

Last week, Radio Ink and Radio + Television Business Report hosted its Forecast 2023. The high-level conference brought together the leaders in the broadcast industry to discuss the upcoming year. NYSBA President, David Donovan, moderated a panel in the afternoon called Main Street Media: Where Local Broadcast Survives & Thrives.  The panel focused on the competitive advantages that may be …

The Broadcasters Foundation of America Launches Annual Year-End Giving Campaign

The Broadcasters Foundation of America launches its annual year-end giving campaign this week. The appeal asks for tax-deductible donations to provide financial assistance to people in broadcasting whose lives have been shattered by debilitating illness, accident, or catastrophe. “Our grantees are your colleagues,” said Tim McCarthy, President of the Broadcasters Foundation. “They are hard-working men and women who through no …