President Donald Trump has nominated Olivia Trusty to serve on the Federal Communications Commission.  Trusty has tremendous experience and is widely known among Washington, DC, communications policymakers.  She has served as the Policy Director on the Senate Commerce Committee since 2019.  She also served as a legislative assistant in the office of Senator Wicker and the Subcommittee on Communications Technology Innovation and the Internet.  Trusty was a professional staff member on the House Subcommittee on Digital Commerce and Consumer.  She was a Legislative Assistant to Rep. Bob Latta. Trusty also has private sector experience at Verizon and Quest.  She has a BA from the University of North Carolina (Chapel Hill) and an MA from Georgetown University. Trusty’s quick nomination means that the current FCC deadlock of a 2 Republican and two Democratic commission will soon be broken.  Her appointment will give Brendan Carr, who has been nominated to become Chairman of the FCC, the necessary three votes to move forward with his deregulatory agenda. Regarding her nomination, NAB’s President Curtis LeGeyt stated: “NAB congratulates Olivia Trusty on her well-deserved nomination. As a senior staffer on the Armed Services and Commerce committees in both the Senate and House, Olivia has been heavily involved in every legislative debate impacting the broadcast industry for the past decade.  In that capacity we have seen firsthand a work ethic, issue expertise and strategic acumen that will greatly benefit the FCC. Further, she is intimately familiar with the vital role local television and radio stations play in communities nationwide and the significant regulatory obstacles our industry faces.  Her deep understanding of these issues will be instrumental in fostering policies that enable broadcasters to innovate and better serve our communities.” We agree. In our opinion, Olivia Trusty has all the necessary qualifications to become an outstanding FCC Commissioner. We strongly support her appointment.

We are now accepting nominations for our Hall of Fame Class of 2025. Nominations will be accepted through March 31, 2025.  To nominate a person, please submit the form below by the deadline.  You may also provide additional materials with the submission.   The Hall of Fame is open to individuals in all aspects of the broadcasting industry. This includes ownership, management, news, engineering, production, sales, promotion, on-air talent, programming, creative services, or associated professional fields.  The committee also considers such factors as maintaining a geographical balance and service to the New York State Broadcasters Association.  The Selection Committee will judge the nominations based on the following criteria: ​ Candidates for the Hall of Fame Class for 2025 shall have worked in broadcasting in New York State or an associated professional field to the benefit of the broadcast industry.  Broadcasting is defined as professional work on a local radio or television station as well as a broadcast network.  While we will consider working on digital services, a nominee must have worked for a broadcast entity to be considered. Candidates are judged to have made a significant contribution to the broadcast industry in New York State.  In doing so, they are judged to have distinguished themselves from their peers in New York.   Decisions are made by the Hall of Fame Subcommittee of the New York Broadcasters Association Board of Directors.  The decisions of the subcommittee are final. ​ Nominations for the NYSBA Hall of Fame must be made by a person associated with a member station of the New York Broadcasters Association. ​ Our luncheon inducting the Class of 2025 will take place on Wednesday, October 22, 2025, at the iconic Rainbow Room, 30 Rockefeller Plaza, in New York City.   Nomination forms and materials should be sent electronically to Sandy at   sandy@nysbroadcasters.org .   You can access the nomination form  here .   The complete list of members in the NYSBA Hall of Fame can be found   here .

Do not take the FCC’s EAS rules lightly.  The FCC has proposed a $369, 190 fine to a Texas station for failing to participate in three Nationwide EAS tests.  Moreover, the FCC fined the station for failing to file reports with its EAS Test Reporting System (ETRS) system.  In reviewing the station’s filings and responses, the FCC found the station's responses to be misleading. The station argued that it made a good faith effort to comply with the rules.  It noted that its staff did not know how to receive and transmit the EAS test signal and simulated its own EAS test.  The FCC found that the station’s ignorance of the law was no excuse. This is an important decision. It shows that the FCC is serious about compliance with its EAS rules.  Stations are urged to make sure they are in compliance with all FCC EAS rules. You can see the FCC’s proposed fine here .

The FCC continues to focus on property owners that allow illegal pirate radio stations to operate from their buildings.  Most recently, the FCC’s Enforcement Bureau investigated a complaint about an unlicensed FM broadcast station operating on frequency 94.9 MHz in New York City.  On September 3, 2024, agents from the New York Office confirmed by direction finding techniques that radio signals on frequency 94.9 MHz were emanating from the property at 3052 Kingsbridge Avenue, Bronx, New York 10463 (Property).  The FCC notified the owner that it could be liable for fines up to $2.3 million if the pirate remained on the premises. We applaud the FCC’s efforts.  We are making progress and hope this continues under the next administration. You can see the FCC enforcement notice here .

The New York State Broadcasters Association is proud to launch a new career outreach website titled “Tell Your New York Story.” The website is a resource to educate college students about working in local radio and TV throughout New York State. It is broken down into several career paths: audio, video, content production, advertising, engineering, and multiplatform.  Each page includes detailed information about each career, videos from people in the industry describing their work, and a list of skills that are helpful to have. The website lists all potential jobs that are available in broadcasting throughout New York State. It also connects to websites that list jobs in broadcasting across the country. Many local broadcast stations have an internship program where they hire interns directly.  To help stations recruit interns, there is also an internship page that allows a student to upload their resume and find a link to a form where students can indicate their preference for the type of job and the location of a potential internship. The data creates a pool of potential candidates, which will be sent to member stations throughout the state. We plan on running a social media campaign that includes the videos on the website that we received from broadcasters. Thank you to the Futures Committee who helped make this exciting project possible. Also, a special thank you to those broadcasters who submitted their stories. You can access the “Tell Your New York Story” website here .

We start the new year with a new reporting requirement for cable, satellite, and TV stations. Under a new FCC rule adopted on January 3, cable and satellite systems must report any broadcast blackouts related to stalled retransmission consent negotiations. According to the FCC: “[W]e require the reporting of broadcast station blackouts lasting over 24 hours that occur on cable and satellite TV platforms due to a retransmission consent negotiation impasse.  The light-touch reporting framework we adopt today requires public reporting of the beginning and resolution of any qualifying blackout and confidential submission of information about the number of subscribers affected.”  According to the FCC, “This reporting will fill a basic information gap in the Commission’s awareness of such blackouts.” The FCC believes that maintaining such a database will increase transparency around the frequency and duration of broadcast station blackouts for the public. The FCC noted that the current patch work of information did not keep the FCC sufficiently informed about disruptions in the marketplace. Cable and satellite carriers will be required to file a notification with the commission for any blackout lasting more than 24 hours. The FCC envisions a two-step process, with reporting required at the beginning and the end of the blackout. “The initial notification will provide basic blackout information, both public and confidential, to the Commission no later than two business days after a blackout becomes reportable (Initial Blackout Notification).  The final notification, submitted no later than two business days after the end of the reportable blackout, will publicly identify the date retransmission resumed (Final Blackout Notification)." The information will be collected online. Public non-confidential blackout information collected through the FCC’s portal will then be available on the Commission’s website. While cable and satellite operators are required to submit the information, broadcasters are allowed to voluntarily submit their own supplemental notices to an MVPD’s initial or final blackout notification if a broadcaster believes an MVPD notice involving that broadcaster contains a substantive error. This marks a significant change in FCC policy towards blackouts relating to retransmission consent disputes. Stations involved in such disputes are advised to keep sufficient records and keep a close watch on reports filed by cable operators during such disputes. As the decision was unanimous, it is unlikely to be revised under the Carr Administration. You can see the FCC’s decision here .

As we begin 2025, stations are reminded that there are a number of FCC filings that are due in January and early February. January 10th – Issues Programs List Upload: Deadline for all full service and noncommercial broadcast stations to upload their quarterly issues programs list for the fourth quarter of 2024 on to their online public inspection file.  Remember the FCC can see when these are uploaded, so do not be late.  January 30th – Children’s TV Programming Report:  All commercial full power and Class A television stations must file (Form 2100H) describing programming that was broadcast to meet its obligation to meet the educational and information needs of children during 2024 by this date. January 30th – Children’s Advertising Report:  All commercial full power and Class A stations must upload to their online public inspection file records documenting compliance with the limits of the number of commercials broadcast during children’s programming during 2024. February 3rd – Annual EEO Reports Due:  New York, with 5 or more full-time employees, must upload their Annual EEO Reports to their online public inspection files (OPIFs) and station websites by Monday, February 3. For stations with 5 or more full-time employees, the annual report covers hiring and employment outreach for 2024. You can see a complete discussion of these requirements on the broadcast blog prepared by noted communications lawyer David Oxenford here .

As a general rule, decisions regarding telecommunications and the internet do not impact broadcasting.  Nonetheless, the Court of Appeals for the 6th Circuit’s decision of reviewing and striking down the FCC’s net neutrality rules may set the stage for a review of broadcast regulations. The issue is the scope of the FCC’s authority to pass regulations.  The FCC, and any other federal agency, may only enact regulations if Congress has authorized the agency to do so.  In many instances there is a “gray area,” where it is uncertain whether Congress has given the FCC authority.  For years, the Courts have “deferred” to the FCC’s interpretation of the Communications Act regarding the Commission’s authority to create new regulations.  This approach to deferring to agencies was known as the “Chevron” doctrine. A recent Supreme Court decision, Loper Bright Enters. v. Raimondo,  eliminated the “Chevron” doctrine.  As a result, courts will no longer defer to an agency’s decision of whether it has the authority to enact regulations. Rather, the courts will now look to whether specific statutory language gives an agency the authority to enact certain regulations. This decision is more than a legal technicality. It marks a fundamental change in the law governing all federal agencies, including the FCC. This new approach was at the core of the Court of Appeal’s recent decision striking down the FCC’s net neutrality rules. “But Loper Bright ended Chevron’s mandated deference to an agency’s statutory interpretation upon a finding of ambiguity.  In overruling Chevron, the Court found such a view of implicit delegation inconsistent with the Administrative Procedure Act’s command that courts “decide all relevant questions of law and interpret statutory provisions.” Loper Bright, 144 S. Ct. at 2255 (internal quotation marks and ellipsis omitted).  Now, “[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority” by “us[ing] every tool at their disposal to determine the best reading of the statute and resolve the ambiguity.” Id. at 2266, 2273.” Applying this new test, the 6th Circuit found that the language of the Communications Act did not give the FCC the authority to enact the net neutrality rules.  Accordingly, the courts struck down the rules.   As related to broadcasting, this means that the FCC’s broadcast regulations must be linked to specific statutory language authorizing the FCC to adopt regulations.  If the statutory language is ambiguous, then the regulations may be struck down.  It is worth noting that a number of broadcast related regulations were adopted by the FCC pursuant to a general “public interest” standard.  This would include numerous regulations, such as local ownership regulations, EEO Form 395B, issue responsive content regulations, and many others.   This is not to say that FCC broadcast regulations will necessarily be struck down.  This is especially true if such regulations have been litigated and upheld in court.  Indeed, many have a specific statutory link.  It does mean however that broadcast regulations will need to have an unambiguous nexus to statutory language.  The FCC will not only see a change in its composition; it will see a fundamental change in how the courts will review its decisions. You can see the 6th Circuit Court’s decision striking down the FCC’s net neutrality rules here .

At its December meeting, the FCC decided to begin a proceeding to “clean up” some of its old and outdated broadcast regulations.  None of these modifications amount to any significant policy changes.  As the FCC noted, “[N]umerous rule sections still reference outdated terms from the Commission’s legacy paper-filing processing procedures and discontinued databases and are therefore incompatible with current electronic filing procedures.”  The FCC is suggesting these modifications to clarify the rules to better reflect current processing.  The Commission is proposing changes that: Replace References to CDBS With References to LMS Update Form Names Change Table of Assignments/Allotments References to Conform to Existing Language Eliminate Section 73.503(g), the 2021 NCE FM Window Application Cap Eliminate AM Station Power Increase Restrictions Modify Post-incentive Auction Viewer and MVPD Notification Requirements Update Section 73.870, Processing LPFM Minor Modification Applications Revisions to Section 73.807, Minimum Distance Separation Between Stations Codification of Definition of the Term “Authorized” Station Prior-filed Application Protections Revise the Signature Rule Local Public Notice Requirement After Acceptance for Filing Remove 90-Day STA Restriction Necessitated by Technical or Equipment Problems Remove Obsolete Application Processing Language Redesignate Renewal Application Petition to Deny Rule Revise the Informal Objection Rule   Again, these are mostly process changes and do not have a policy impact on station regulations. You can access all of the proposed changes here .   Additional information can be found in a memo from our friends at the DC Law Firm Pillsbury Winthrop Shaw Pittman here .

The 2025 Rising Above: Elevating Your Business a Virtual Training Summit  will be   packed with innovative strategies, inspiring speakers, and practical takeaways to help you: Strengthen Sales and Leadership Skills:  Learn actionable techniques from experts to drive results and foster growth. Engage in Real-Time Discussions:  Participate in interactive Q&A sessions to get your pressing questions answered by industry leaders. Access from Anywhere:  Stream conveniently on the Ten-Minute Trainer Network using your PC, tablet, or mobile device. Build Report with your Clients: This year you can invite your clients to learn with you. The Rising Above Summit will unite broadcasters, local business owners, and community leaders to explore marketing solutions that drive growth. Attendees will gain actionable insights into harnessing community connections. By collaborating with broadcasters, local advertisers, and chambers of commerce, Rising Above will create a unique space for advertisers, marketing professionals, and broadcasters to shape the future of local marketing together. This Summit is provided to NYSBA members in good standing free of charge.  You can register and find the full schedule here .

Despite overwhelming support for the AM Radio For Every Vehicle Act in both the House (270 cosponsors) and Senate (62 cosponsors), the bill will not be included in the larger end of session “Continuing Resolution.”  The “Continuing Resolution” is a “must pass” bill that is needed to fund the federal government.  Both Republicans and Democrats agree with the basic bill, the issue was whether additional items will be attached to the legislation, such a supplemental disaster relief funding.    The reason for blocking the legislation is not entirely clear.  At the last minute, the recording industry was trying to derail the bill.  The recording industry wanted to block the bill in order to gain leverage for the imposition of a Congressionally mandated performance fee.  The recording industry, which had been silent through the entire legislative process, surfaced last week.   AM radio is the cornerstone of the EAS service in New York.  It is outrageous that the bill should be blocked just so foreign owned recording companies can squeeze more money from local radio stations.  In fact, the Local Radio Freedom Act, which opposes imposing a performance fee, has 229 cosponsors in the House.   We are not giving up, and will start the process all over again.  We are already working with NAB on developing a new legislative strategy.  It is now crystal clear that the largely foreign owned recording industry does not care about the American people.  It is willing to sacrifice providing live saving emergency alerts on AM radio in order to squeeze more money from a free, local, over the air radio stations.

New broadcast and digital salespeople are hard to find, and the reality of having untrained sellers in the field is tragic. When you do finally find a seller with potential, it’s a priority to keep them, especially since the two-year burnout rate for broadcast sellers is exceptionally high! Kickstart your new seller’s broadcast selling career with this comprehensive LBS program designed to motivate and equip new sellers with what it takes to excel. The LBS New Seller Program is meticulously crafted to provide new broadcast and digital sellers with the essential knowledge and skills required for a successful career in today’s competitive and tough LOCAL sales environment. The sessions will be held every Monday for seven consecutive weeks. This seven-week program is designed to get your new sales team members street-ready by blending convenient at-home/in-office online learning modules (2+ hours per week) and live, online classes (1 hour per week). This flexible approach allows your new seller to learn at their own pace while still having plenty of time to build their business and grow their client lists in the field. This program is offered to NYSBA members in good standing free of charge. You must register in advance with LBS here .

We wish you the best of Holiday Seasons.  Thank you for your tremendous support throughout 2024.  We will face new challenges in 2025. It is an honor to serve you.   The next edition of NewStream will be on January 7, 2025   Happy Holidays,   David, Carolyn, Trevor & Sandy

As we have noted previously, there is overwhelming support for the AM Radio For Every Vehicle Act in both the House of Representatives and the Senate. Nonetheless, it is unlikely that the legislation will move as a separate bill during the “lame duck” session of Congress. To pass this year, it will need to be attached to a “must pass” piece of legislation.   One “must pass” piece of legislation is the National Defense Authorization Act (NDAA). Because the AM bill is essential for the Emergency Alert System, it has a clear link to our national defense. Nonetheless, it does not appear the bill will be added on to the NDAA.   A second “must pass” will be moving through Congress this year. Supplemental funding for disaster relief will likely to be added to the Continuing Resolution. The Continuing Resolution is likely to pass and is needed to fund the government through March. We are exerting a full court press to have the AM Bill included in this legislative package.   At this point, the decision is up to the four Congressional leaders: Senate Majority Leader Chuck Schumer, Senate Republican Minority Leader Mitch McConnell, Speaker of the House Mike Johnson, and House Democratic Leader Hakeem Jefferies.   We have tremendous support among the New York Congressional delegation. However, as noted in the article below, you should continue to run the AM Radio ads and contact your local Congressman as well as Senator Schumer and Senator Gillibrand.   All the information you need can be found here .

A cable operator just entered into a $1.1 million dollar consent decree with the FCC over taking its EAS equipment offline during an upgrade. In September 2022, the FCC adopted new EAS rules requiring EAS participants to use text and audio from alerts issued in the Internet-based Common Alert Protocol (CAP) format, if it is available from the Integrated Public Alert and Warning System, in preference to the EAS protocol version received over the air.  Charter Communications Inc. commenced to implement the FCC’s required upgrades by rolling out new EAS equipment. According to the FCC, during the rollout, it took a number of EAS devices offline as the new devices were being rolled out.   According to the FCC, the EAS regulations state:  “The Commission’s part 11 rules require EAS participants to have EAS Devices installed and capable of sending and receiving EAS tests and messages.  Section 11.35(a) of the Rules requires EAS Participants to ensure that EAS Devices are “installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation.” Section 11.35(b), however, states EAS participants may operate without EAS equipment for 60 days without further FCC authority in order to repair or replace defective equipment. Section 11.35(c) states EAS participants must submit an informal request to the FCC for additional time if replacement is not completed within 60 days.” Charter argued that it took it EAS equipment offline to “repair or replace” the devices consistent with Section 11.35(b). Charter Communications stated it was acting in good faith to comply with the FCC upgrade rules.   Nonetheless, the FCC found that it could not take the equipment offline without prior approval because the EAS equipment was not defective. Taking EAS equipment offline to upgrade the equipment did not fall within the scope of the exception. Accordingly, Charter needed prior approval to take any EAS equipment offline.   The lesson here is that you need the FCC’s prior approval before taking EAS equipment offline.   You can see the FCC’s Consent Decree here .

Expect changes in the EAS Equipment Market. One of the leading manufacturers announced that it will no longer manufacture an ENDEC used by a significant number of broadcasters. SAGE stated: “Sage Alerting Systems announced today that it has ceased manufacturing its Sage Digital ENDEC, model 3644.  "Some parts for the ENDEC are no longer available", said Harold Price, President of Sage.  We have parts on hand for repairs, and we expect to be able to continue repairs on ENDECs now in the field for several years.  Warranty repairs will also continue. Sage will continue to support the firmware in the 3644 ENDEC and will continue to provide user support via email and phone lines. The next planned firmware update is a free maintenance release for minor bugs and to enable the Missing or Endangered Persons (MEP) alert code. Sage has no immediate plans for a replacement for the 3644.  Price says "EAS has always been an odd niche business with a very bursty sales rate. The FCC has been contemplating major changes to EAS rules for the last year or two.  What happens next remains to be seen.  Sage will continue to evaluate opportunities for new products in the coming months.” The decision leaves Monroe Electronics “DASDEC” system or perhaps Gorman Redlich as the only remaining EAS equipment alternatives long term.   You can see SAGE’s announcement here .

In conjunction with Giving Tuesday and the Broadcasters Foundation of America annual Year-End Giving campaign, we hope to encourage more broadcast professionals to participate in this season’s giving spirit across the industry. To start this movement, last year we launched the “12 Days of Giving” Campaign, and we’re bringing it back again!  Whether it be donating to the BFOA’s mission through a personal donation or a corporate contribution, by sharing a social media post or video, or by telling a colleague about the BFOA at your holiday party, we hope to bring some inspiration to you each day while you help us share our message! “We are devoted exclusively to providing aid to colleagues in broadcasting who are suffering from illness or facing hardship from a devastating disaster,” stated Tim McCarthy, President of the Broadcasters Foundation.  “Grants are supported solely by contributions from individuals and companies within our industry.  We’re asking everyone in broadcasting to please consider including the BFOA in your 2024 charitable giving.” Contributions are just one part of the puzzle. We also ask you to share our message and our mission with your peers and colleagues. You can donate to the 12 days of giving campaign here .   You can learn more about the critical mission of the Broadcasters Foundation here .

Last April, the U.S. Department of Labor (DOL) made significant changes to the overtime pay rules. The most significant was a change made to the overtime pay thresholds.  There is an exemption for executives, administrative and professionals that earn a specific salary. Employees that meet the salary threshold ($684 per week/$35,568 annually) are not eligible for overtime pay under the DOL’s rules.   Earlier in 2024 the DOL raised the salary threshold, thereby making more employees eligible for overtime. However, the Federal Court in Texas has vacated the rules. As noted by the Pillsbury law firm in DC: “While there are several components to the test for determining if an employee is exempt from overtime pay requirements, the increasingly dominant part of the test is the minimum salary an employee must make to be deemed exempt.  Prior to the Department of Labor’s changes this Spring, an employee had to be paid at least $684 per week ($35,568 annually) to qualify as exempt.  The new rules increased that threshold to $844 per week ($43,888 annually) as of July 1, 2024, and would have further increased the threshold to $1,128 per week ($58,656 annually) on January 1, 2025, with that threshold then being adjusted in 2027 and every three years thereafter based on updated earnings data.” The court's decision applies nationwide and vacates the new DOL rule as to all employers including broadcasters. It also vacated other DOL rules concerning highly paid employee exemption. The court ruled that the DOL exceeded its authority. It is not clear whether the new Trump administration will appeal this decision. You can see a good summary of the decision from our friends at the DC law firm Pillsbury here . You can see an additional discussion regarding the court’s decision from the law firm of Holland and Knight here .

The FCC is required to issue a plain language summary of its rules that can be used by small businesses to help them comply with its regulations. While it is intended to help small businesses, it does prove a good summary of its rules.  With respect to Next Gen TV, the FCC stated:  “This Small Entity Compliance Guide (Guide) summarizes rules and technological standards the Federal Communications Commission (Commission) adopted in Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard, GN Docket No. 16-142, Second Report and Order and Order on Reconsideration (Next Gen TV Second Report and Order), 1 released June 16, 2020, and Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard, GN Docket No. 16-142, Third Report and Order and Further Notice of Proposed Rulemaking (Next Gen TV Third Report and Order), released June 23, 2023” Importantly, the FCC noted that:  “This Guide is not intended to replace or supersede these rules, but to facilitate compliance with the rules.  Although we have attempted to cover all parts of the rules that might be especially important to small entities, the coverage may not be exhaustive.  This Guide cannot anticipate all situations in which the rules apply.  Furthermore, the Commission retains the discretion to adopt case-by-case approaches, where appropriate, that may differ from this Guide.“ If you are looking for a summary of the Next Gen TV rules and regulations, you should take a look at the small business compliance guidelines.  You can access a copy of the Next Gen TV Guidelines here .

As noted previously, the FCC reversed a decades old decision and reinstated EEO Form 395 B. The Form requires yearly reporting on a station’s employees, broken down by race and gender and employment position. The new rule would require stations to make their EEO employment profile public. The effective date of the new rule is delayed because the Office of Management and Budget must review the new form. The Texas Association of Broadcasters and others challenged the FCC’s new rules and filed a lawsuit earlier this year in the Fifth Circuit Court of Appeals. The litigants argued that the rules were unconstitutional. The reason why the FCC abandoned the form years ago was because the court found that collecting the data and penalizing stations was unconstitutional. The First Circuit Court of Appeals has set an oral argument for February 3rd. The date is interesting because it will occur after Brendan Carr takes over as Chairman of the FCC. As a commissioner, Carr dissented to the FCC's decision reimposing form 395B. As a result, we may see a change in the FCC's position on this case. Stay tuned.   You can see our previous story regarding the delay in implementing Form 395B here .  You can see our story regarding the Texas Association of Broadcaster’s litigation here .