An article in Inside Radio reported on a new study conducted by Commercial Radio & Audio, an Australian research firm. The study found that including radio as a component in an overall media strategy improved effectiveness significantly. The story reported: “Investing just 11% of a campaign budget in radio will double its effectiveness, according to a study conducted by Commercial Radio & Audio, an Australian trade association.  The study – conducted in collaboration with Professor Mark Ritson, a respected marketing educator – set out to better understand the impact of how changes in radio spending can directly influence an ad campaign’s effectiveness.” The article stated: “The study concluded that positive ESOV campaigns drive stronger business effects when radio is in the mix. Among the findings: brand impact was 13% higher in campaigns with radio.  And campaigns incorporating radio exhibited substantial effects on the brand, leading to larger increases in mental availability, and consequently stronger business results.  The researchers concluded that the larger mental availability gains when radio is included underpin stronger business results.” We believe these results are easily transferrable to the challenges confronting radio stations in the United States. You can see the results of the study reported in Inside Radio here.

According to a recent article in TV Tech, political spending will significantly increase this year. This will be accompanied by a significant rise in spending on digital. According to the article: “BIA Advisory Services has issued a new study forecasting that political spending in 2024 will hit a record $11.1 billion. That’s up a whopping $2.2 billion (+24%) over 2022, and $1.5 billion (+15.5%) over 2020 political ad spending. BIA is also predicting that political will be the top spending vertical category in 2024 for many of the media channels in BIA’s forecast, including TV OTA, TV digital, Cable TV, Radio OTA, and CTV/OTT. While local ad spending on digital is growing, traditional advertising is forecast to account for 70.2% of political ad spend in 2024, down from 77.9% in 2020., BIA reported in a blog about the study.” To see a complete summary of the BIA analysis in TV Tech here.

The National Association of Broadcasters (NAB) has launched its  2024 Election Toolkit. The online resource provides local television and radio broadcasters with tips and resources to combat misinformation, drive get-out-the-vote efforts, and cover local, state, and federal elections. The 2024 Election Toolkit assets help broadcasters serve their communities in the lead-up to Election Day on November 5. The toolkit includes information on identifying false statements online, examples of broadcasters’ work combating misinformation, voter registration resources, and guides for finding local polling places. Broadcast-ready public service announcements encouraging voter participation, produced in partnership with the League of Women Voters’ Vote411.org, are also available in both English and Spanish in the toolkit. You can access the Election Tool Kit here.

A few weeks ago, we reported on legislation that could have a significantly negative impact on food and food product advertising in New York. Legislation has been introduced in the Senate (S.213B) by Sen. Zellnor Myrie (Brooklyn) and in the Assembly (A.4424.B) by Assemblywoman Karines Reyes (Bronx) that will raise significant litigation risks for food product advertisers in New York. Like last year, this legislation was rammed through the New York State Senate. Even more troubling is that it has been included in the NY Senate’s budget proposal. This means the issue is now front and center. Senate and Assembly leadership will negotiate with the Governor's office for a final budget package in early April. The legislation makes fundamental changes in what would be considered “unfair, false, and deceptive food or food product advertising." While styled as protecting children, the legislation applies to any advertisement directed under 18 years of age. It would prohibit the use of music, actors, animation, age of models, language, visual content, or similar factors. It is not clear how one can differentiate advertising content directed at a 25 or 30-year-old that is also enjoyed by those under 18 years of age. To avoid potential legal jeopardy, all of these elements would have to be removed from all advertising. The legislation expands the definition of “false and misleading" and applies it to “any advertising concerning food or food product,” not just children’s advertisements. This section creates potential liability if the advertisement targets a consumer who is “reasonably unable to protect their interests because of their age, physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement, or similar factor.” Thus, rather than focusing on whether an advertiser objectively made false claims, liability would be based on whether a consumer can understand or comprehend the advertisement. It is impossible for any advertiser to know the intellectual and comprehension abilities of everyone hearing or seeing an ad. By significantly increasing litigation risks, the legislation could essentially ban advertising campaigns such as “Tony the Tiger,” “Ronald McDonald,” “Fruit Loops,” and any other campaign that uses animation, music, or younger influencers. In today's economic environment, the last thing that broadcasters need is to have advertising pulled due to potential legal jeopardy. We are not alone in our concerns. We have submitted additional legal materials demonstrating that the law violated the First Amendment and is inconsistent with Federal Law. We are working with the Association of American Advertising Federation, the Association of American Advertising Agencies, the American Beverage Association, the Consumer Brands Association, the New York Business Council, the Food Industry Alliance of New York, the National Confectioners Association, and the New York State Restaurant Association. We are working hard to make sure the legislation is not included in the final budget package. If we can take the bill out of the budget, we will be opposing the legislation for the rest of the session. You can see the text of the legislation here. You can see our initial opposition here. Our additional memo outlining the legal concerns can be found here. You can see the initial opposition from the ANA here. A follow-up letter from all the advertising trade associations can be found here.

Today’s business owners are more skeptical than ever. Key local direct business and service provider decision-makers work hard for their money … and they believe you should do the same - specifically for them. Some skills and philosophies that were effective for broadcasters and digital sellers to earn appointments with potential advertisers and even former clients are less effective today. LBS Local Direct Expert Paul Weyland gives you great new ways to get the attention of the people you need the most to grow your long-term local direct business. This session is for salespeople, managers, promotions people, and production directors, especially those challenged to make things happen sooner rather than later. Paul Weyland works with local radio and television stations across the country. He’s constantly dealing with local direct clients. You’ll leave the session fresh with great ideas; you can pitch immediately. And because this is a Paul Weyland session, you can expect to be thoroughly entertained as you learn and professionally grow. This webinar is free for NYSBA members in good standing. Register here.

Last week, the FCC’s Enforcement Bureau issued the first of its 2024 Equal Employment Opportunity (EEO) audit letters to randomly selected radio and television stations. The Enforcement Bureau annually audits the EEO programs of randomly selected broadcast licensees. Each year, approximately five percent of all radio and television stations are selected for EEO audits. The deadline for stations to upload audit responses to their FCC-hosted online public inspection files is May 6, 2024. As a reminder, the Enforcement Bureau will no longer issue letters to licensees upon completion of our review of audit responses. If questions arise during staff review, the Enforcement Bureau will contact the licensee. A list of the radio and television stations included in this audit as well as the text of the March 22, 2024, audit letter that appears on the following pages can be found here.

The TV carriage laws that apply to satellite carriers (Direct TV & Dish) are different from those that apply to cable systems. Under federal law, if a satellite carrier carries one station in a local market, it is required to carry all stations, unless an agreement cannot be reached regarding retransmission consent. Moreover, unlike cable system regulations, there is no requirement that stations be placed on a “basic tier” that is available to all subscribers. Direct TV has decided to take advantage of the difference in regulatory treatment and offer a “non-local” programming package to its customers. Under this approach, subscribers would have the option to eliminate all local stations from their satellite programming line-up. To receive local stations, consumers would need to connect to an antenna to receive local signals. Direct TV claims that the costs associated with local retransmission consent are driving this new policy.  However, local stations have been and remain the most popular signals on satellite services.  Retransmission fees paid to local stations are far less than the fees paid by satellite providers for less popular services. Moreover, Direct TV claims that popular network shows are already being shifted to streaming services. It will be interesting to see the economic impact of DirectTV’s proposal. Given the popularity of local stations, especially local news, the “no local” approach could backfire on Direct TV and lead to more cord-cutting. We are watching this closely. You can find more information about Direct TV’s "No Locals" plan here.

The NY Federal Reserve noted that the “service sector” of the NY Economy will remain steady. In its most recent monthly report, the NY Fed noted: “Activity held steady in the region’s service sector, according to firms responding to the Federal Reserve Bank of New York’s March 2024 Business Leaders Survey. The survey’s headline business activity index climbed eight points to 0.6, its highest level in several months. The business climate index was little changed at -26.4, suggesting the business climate remains worse than normal. Employment held steady, and wage increases moderated to a small degree. Input and selling price increases picked up somewhat. Capital spending was flat. Looking ahead, firms remained moderately optimistic about future conditions, with the business climate expected to be better than normal in six months.” You can access the complete monthly survey from the NY Federal Reserve here.

The deadline for Excellence in Broadcasting submissions has been extended to April 8. This is a statewide competition and the entries will be accepted online. This competition encourages professional performance and recognizes outstanding achievement among radio, television, and college stations in our state. All employees of NYSBA member stations in good standing are urged to submit entries. We will present the Excellence in Broadcasting awards at our regional luncheons in September. The 2024 luncheon dates can be seen below: New York City – Manhatta, 21 Liberty Street| Thursday, September 12th Long Island – Blackstone Steakhouse, 10 Pinelawn Road| Friday, September 13th Buffalo – Aloft Buffalo Downtown, 500 Pearl Street | Monday, September 23rd Rochester – The Strathallan Hotel, 550 East Avenue| Tuesday, September 24th Syracuse – Embassy Suites by Hilton Syracuse Destiny USA, 311 Hiawatha Blvd.| Wednesday,  September 25th Binghamton – DoubleTree Hotel 225 Water Street| Thursday, September 26th Albany – Wolfert’s Roost Country Club, 120 Van Rensselaer Blvd. | Friday, September 27th For more information regarding the competition, program categories, instructions, and rules, go to the NYSBA website. If you have questions, please get in touch with Sandy Messineo at sandy@nysbroadcasters.org.

As reported in TV Tech, BIA Advisory Services has updated its projections for 2024. Overall, it is now predicting a 9.3% increase in 2024, amounting to $172 billion. BIA predicts that  TV over the air (OTA) will be up 28.3% and TV digital will grow by 24.9%. Political advertising is the key driver of the increase. “The 2024 forecast update shows a small increase in expectations for local political advertising. BIA estimates $11.1 billion in spending this year, up 15.5% from 2020. Local television will continue to get the largest share of the spending, with forecasted increases in local political advertising going to CTV/OTT. The split between traditional and digital advertising shows that digital has a slightly smaller share, 48.7% of the overall advertising spend at $84 billion. Traditional media ad revenue is slated at 51.3% of the ad spend at $88 billion. Growth is occurring in both types of media. TV OTA (+28.3%) and TV digital (+24.9%) are both projected to grow this year, even when looking at forecast estimates with and without political advertising.” You can see the complete analysis in TV Tech here.

One of the continuing problems with cable and satellite bills is figuring out exactly what services you are purchasing. More transparency is needed. According to the Commission, “The FCC aims to eliminate the misleading practice of describing video programming costs as a tax, fee, or surcharge.” To be specific, according to the FCC: “These new rules require cable operators and direct broadcast satellite (DBS) providers to state the total cost of video programming service clearly and prominently, including broadcast retransmission consent, regional sports programming, and other programming-related fees, as a prominent single line item on subscribers’ bills and in promotional materials.  The record demonstrates that charges and fees for video programming provided by cable and DBS providers are often obscured in misleading promotional materials and bills, which causes significant and costly confusion for consumers.” The cable industry has long opposed this approach. We expect them to continue their opposition. You can see the FCC decision here.

As noted previously, the FCC opened a proceeding to add a missing person’s event code to EAS. The FCC notes that missing adults fall outside of traditional AMBER alerts. While some states have enacted a missing persons alert, it is a patchwork system. Finally, the FCC notes that creating a missing person’s event code will benefit Ashanti alerts, which are associated with persons missing or abducted from states, territories, or Tribal communities that fall outside of AMBER Alert. The FCC noted: “We propose to revise the Commission’s EAS rules to add a new “MEP” event code for all EAS alerts about missing and endangered person incidents that do not meet the criteria for an AMBER Alert. Currently, alert originators who issue missing and endangered person alerts that do not meet the criteria of an AMBER Alert, use a variety of event codes to issue such alerts.” While we generally support the addition of new alert codes, we must make sure the EAS system is not overused. At some point, citizens will simply ignore EAS alerts. We are looking at this issue closely. You can see the FCC’s Notice of Proposed Rulemaking here.

NYSBA is partnering with the Buffalo Broadcasters Association to hold a Spring 2024 Job and Internship Fair on Saturday, April 13, from 10 AM – 2 PM at WNED Studios, 140 Lower Terrace Buffalo, NY 14202. The job fair attracts top prospects from Western New York that are looking for employment in broadcasting. NYSBA will subsidize/reimburse the $200 registration fee for its station members in good standing that attend the event. Attending also helps stations meet their FCC EEO outreach requirements. In order to be reimbursed, please contact telmendorf@nysbroadcasters.org and inform him of your participation in the fair. Click here for station registration. Click here for student/job seeker registration.

At the beginning of the year, there was a fear that the U.S. economy may be moving toward a recession. As we go to press, those fears have been attenuated somewhat. A recent article in Inside Radio reported on the positive signs in this year’s advertising market: “Since April 2023, ad spending has managed to stay in the plus column when comparing each month to that of a year ago, according to Guideline's U.S. Ad Market Tracker, powered by Standard Media Index. For January 2024, the news is even better, as the month's year-over-year percent growth nearly maintains that of December's, helping to put thoughts of a recession even further in the rear-view mirror.” The conclusion is based on an analysis in the Media Post. The analysis shows a discernable increase in ad spending for this year. You can see the article in Inside Radio here. You can see a more detailed analysis of the Ad Market Tracker prepared by the Standard Media Index in an article appearing in the Media Post here.

As in the past, this will be a statewide competition, with stations competing against other stations in similarly sized markets. The portal has been extended until April 8. Submissions will once again be accepted online. We will present awards in multiple categories for radio, television, and digital. We have a separate division for college radio and television stations. The competition will be statewide with stations competing in large, medium, and small markets. All entries must have been broadcast by the submitting radio/TV/College station employees (or students) between March 1, 2023, and March 15, 2024. This competition encourages professional performance and recognizes outstanding achievement among radio, television, and college stations in our state, and all employees of NYSBA member stations in good standing are urged to submit entries. We will present the Excellence in Broadcasting awards at our regional luncheons in September. The 2024 luncheon dates can be seen below: ​ New York City – Manhatta, 21 Liberty Street| Thursday, September 12th Long Island – Blackstone Steakhouse, 10 Pinelawn Road| Friday, September 13th Buffalo – Aloft Buffalo Downtown, 500 Pearl Street | Monday, September 23rd Rochester – The Strathallan Hotel, 550 East Avenue| Tuesday, September 24th Syracuse – Embassy Suites by Hilton Syracuse Destiny USA, 311 Hiawatha Blvd.| Wednesday,  September 25th Binghamton – DoubleTree Hotel 225 Water Street| Thursday, September 26th Albany – Wolfert’s Roost Country Club, 120 Van Rensselaer Blvd. | Friday, September 27th For more information regarding the competition, program categories, instructions, and rules, go to the NYSBA website. If you have questions, please get in touch with Sandy Messineo at sandy@nysbroadcasters.org.

The FCC issued a Notice of Unlicensed Operations to a property owner in Maplewood, New Jersey (outside of Newark) for an unlicensed FM broadcast station operating on frequency 91.7 FM. In the notice, the FCC stated that under the PIRATE Act, property owners can be liable if they allow unlicensed stations to operate on their property. The FCC stated: “Under section 511(a) of the Act, persons or entities found to willfully and knowingly suffer (i.e., permit) a third party to engage in so-called “pirate radio” broadcasting on their property can face significant financial penalties.  Accordingly, you are hereby notified and warned that the FCC may issue a fine of up to $2,391,097 if, following the response period set forth below, we determine that you have continued to permit any individual or entity to engage in pirate radio broadcasting from the property that you own or manage.” The notice gives the property owner 10 days to respond. We applaud the FCC’s continued efforts to eliminate the number of illegal “pirate” radio stations. You can see the FCC’s notice here.

A special thank you to members of the Board of Directors and the Futures Committee who traveled to Washington DC last week to lobby members of Congress. As previously noted, we visited 21 Congressional offices in two days. We are delighted to report that our meetings were successful. We were able to secure two additional votes, Rep. Brandon Williams (R. Syracuse) and Rep. Andrew Garbarino (R. Long Island), to the AM Radio for Every Vehicle Act (HR 3413). To date, 16 House members from New York have signed on to the bill. As we go to press, H.R. 3413 has 227 co-sponsors, more than a majority of the House of Representatives. The Senate version of the bill, S1669, now has 47 co-sponsors, including Sen. Kristen Gillibrand. We had a very important meeting with Majority Leader Chuck Schumer. Our discussion focused on ways to move the AM Radio for Every Vehicle Act through the Senate and the House of Representatives. We are exploring avenues to move the bill. In addition, we discussed a number of other issues. We supported S. 1094, the Journalism Competition and Preservation Act, which would help protect stations’ content from being taken unfairly by Big Tech.  We explained our concerns with AI and its potential negative impact on local stations. We also expressed our support for the Local Radio Freedom Act, which opposes the imposition of a performance tax for broadcasting music on free off-air radio. Finally, we raised concerns to New York City representatives about NYPD’s plans to encrypt all communications and block journalists’ access.

The Buffalo Broadcasters Association is holding its Spring 2024 Job and Internship Fair on Saturday, April 13 At WNED Studios, 140 Lower Terrace Buffalo, NY 14202 from 10 AM - 2 PM The New York State Broadcasters Association and Buffalo / Toronto Public Media are supporting the event, which will help expand the reach of the fair beyond Western New York, northern Pennsylvania, and southern Ontario. If you are a broadcaster, please encourage your stations to send representatives and meet your next new hire or intern. The cost for a table is $200. A link for reservations and payment will be posted on the BBA website in the coming weeks. If you are associated with a college, please spread the word to students, faculty, and career counselors. The fair is free to attend for job and internship candidates. For more information and to register, click here.

NYSBA’s annual call on Congress will be held next week (March 4th -6th) in conjunction with the NAB’s State Leadership Conference. We will be bringing 29 members of the Board of Directors and Futures Committee to lobby members of the NY Congressional delegations.  A special thank you to those taking the time to help represent broadcasters in Washington. While we are still arranging meetings, we have locked in 21 meetings with the following offices: Majority Leader Chuck Schumer Senator Kirsten Gillibrand Rep. Elise Stefanik Rep. Marcus J. Molinaro (NY-19) Rep. Ritchie Torres Rep. Nydia M. Velázquez Rep. Grace Meng Rep. Anthony D’Esposito Rep. Mike Lawler Rep. Brandon Williams Rep. Paul Tonko Rep. Nick LaLota Rep. Yvette Clarke Rep. Dan Goldman Rep. Pat Ryan Rep. Claudia Tenney Rep. Andrew Garbarino Rep. Jerry Nadler Rep. Joe Morelle Rep. Nick Langworthy Rep. Adriano Espaillat Rep. Nicole Malliotakis We will be discussing a number of issues that concern broadcasters. Specifically, we will be discussing: AM Radio for Every Vehicle Act (S.1669 & H.R. 3413) – This legislation would prevent automakers from removing AM radios in electric vehicles. With 209 cosponsors in the House and 46 co-sponsors in the Senate, it is time to move this bill. Local Radio Freedom Act - H. Con. Res 13 - With 216 co-sponsors, this congressional resolution demonstrates that there is little support for imposing a performance tax on local radio stations. Support Journalism Competition & Preservation Act (JCPA) (S.1094) - Today, local stations do not get fair value when Big Tech uses our news content on their digital platforms.  This legislation would allow broadcasters and newspapers to collectively negotiate with Big Tech for news content. Broadcaster’s Concerns with AI - AI can be both a benefit and a burden to local stations. We believe any liability for the misuse of AI should be placed on the creator of the content.  As distributors, broadcasters cannot screen every advertisement or program to see if it contains AI. Also, we must make sure our own content is not misused by others. We look forward to our discussions with members of the New York Congressional delegation.

Federal Communications Commission Chairwoman Jessica Rosenworcel will propose a new alert code at the FCC’s March meeting. The new alert option is designed to message the public over television and radio about missing and endangered persons. According to a press release issued by the FCC: “Law enforcement agencies successfully use AMBER Alerts on TV and radio to help mobilize public attention and recover abducted children.  But we do not have a similar code in the Emergency Alert System dedicated to sounding the alarm over other missing and endangered persons, particularly the thousands of missing native and indigenous women who have disappeared from their homes never to be seen again,” said Chairwoman Jessica Rosenworcel.  “Creating a new ‘Missing and Endangered Persons’ alert category can close this gap, help ensure no person who is missing and in danger is left behind, and save lives.” The alert option would be similar to the use of AMBER Alerts to help locate missing children. We look forward to the FCC’s discussion. Providing alerts for vulnerable populations is important. Nonetheless, we must be careful not to overload the alerting system. Overloading the system could undermine the effectiveness of all alerts. You can see the Chairwoman Rosenworcel’s proposal here.