On June 10, 2024, the Commission enacted rule modifications to the sponsorship identification requirements for foreign government-provided programming. The rule now requires a public disclosure to be made at the time of broadcast that identifies the foreign source of such programming. The FCC’s decision adopted a revised certification approach that provides radio and television broadcast licensees with two options for demonstrating that they have met their duty of inquiry in seeking to obtain the information needed to determine whether programming is sponsored, paid for, or furnished by a foreign governmental entity.  The FCC created a short certification form that a station must complete for program buyers. It asks buyers to certify (1) whether a foreign government entity is purchasing the program and (2) whether the entity producing or creating the programming is being paid by a government entity.  If either question is answered yes, the programmer must provide a station with appropriate information to comply with the enhanced sponsorship ID requirements. The information is placed in a station’s public file. While the FCC created a form, a station may obtain the same information using its own words. The FCC provided template certifications that can be used by stations.  The station/licensee certification (form C) can be accessed here .  The programmer (Lesse) certification (Form D) can be accessed here . Broadcasters may forego the certification if the programming purchaser provides the broadcaster with a printout of a search of the Department of Justice’s Foreign Agents Registration Act’s (FARA) database showing that the sponsor’s name is not in that database. Importantly, the obligation applies to certain types of paid advertising and PSAs. (The Commission declined to create an exception for content under two minutes in length.) The FCC did exempt advertising for commercial products or services. It also exempted political advertising purchased by a candidate or its authorized campaign committee. However, all other forms of advertising content will be subject to the rules. This includes issue ads, PSAs, political advertising purchased by PACs, and other types of advertising spots. Stations will be required to go through the same certification process (described above) for advertising that they use to comply with full-length programs. Thus, under the FCC’s rules, stations carrying advertising for the US Army or United States Marine Corps will have to obtain a document certifying that they are not a foreign government. The same would be true for an advertisement placed by the United Way.   Frankly, this is an unnecessary overreach by the Commission. It will be tremendously burdensome on stations. Nonetheless, the rule becomes effective on August 15th.  NOTE BASED ON INFORMAL COMMUNICATIONS BETWEEN THE FCC AND COMMUNICATIONS LAWYERS, IT APPEARS THE EFFECTIVE DATE REGARDING APPLICATION OF THE RULE TO ISSUE ADVERTISING, POLITICAL ADVERTISING, AND OTHER PSAs WILL BE DELAYED PAST AUGUST 15.    THE AUGUST 15TH EFFECTION DAY WILL REMAIN FOR OTHER LONG-FORM “LEASED” PROGRAMS.   A discussion about delaying the effective date for advertising by noted communications attorney David Oxenford can be found here . You can see the FCC’s decision here . The FCC’s Public Notice announcing the effective date of the rule can be found here . You can access a detailed discussion of the issue by noted communications Attorney David Oxenford here .  You can obtain information about the Justice Department's FARA directory here .

Earlier this year, we hosted a webinar on a new Political AI law that was included in the Governor’s budget. That law created significant liability for stations running political advertisements that contained “materially deceptive” material. Stations were required to place labels on such political advertisements.  This requirement conflicted with Federal law. As we reported a few weeks ago, we have successfully lobbied to revise this law to be more favorable for broadcasters. Nonetheless, stations will be required to adopt a policy stating they will not accept political content that contains materially deceptive images or the voice of a candidate.   Please join us for a Zoom webinar to discuss this new law.  You must register in advance.  Date:    July 30th  Time: 10 AM Eastern Zoom Registration in Advance:      https://us06web.zoom.us/webinar/register/WN_bFEQ1pC6T2-zasEVWfsOzA This webinar is designed for GMs, News directors, and anyone selling political advertising. You can find information about the newly revised law here .

The FCC has released its final report regarding the October 2023 National Test. This exercise sent a test EAS messages to stations via the IPAWS system as well as the traditional EAS system. Nationally, stations performed better that the last national test that was conducted in 2021.  The report found:     The test message was received by 96.6% of EAS participants (increase from 89.3% in 2021). The overall retransmission success rate was 93.6% (increase from 87.1% in 2021). This significant improvement is likely due to initiation of the 2023 test alert via Common Alerting Protocol (CAP), which introduced additional resiliency that was not available during the over-the-air-only 2021 nationwide test. While test participants reported less than one-third as many performance complications as compared to 2021, more test participants reported equipment configuration issues and equipment failures. At the time of the test, approximately 23% of EAS equipment units, representing over 4,500 EAS participants, were either using outdated software or were using equipment that no longer supported regular software updates. Test results demonstrated that fully up-to-date equipment had the highest receipt and retransmission rates (97% and 95%, respectively), whereas equipment with software that is no longer supported had the lowest receipt and retransmission rates (90% and 85%, respectively). Importantly, New York performed well in the tests. According to the FCC: Thus, New York performed above the national average in both receiving and retransmitting the alerts.  Nonetheless, there is room for improvement, and we will be working with stations to make sure these important messages are received and sent. You can see the FCC’s EAS Report here .

NYSBA, along with other state broadcasting associations, recently filed with the FCC to lower the annual regulatory fees assessed on broadcasters. The FCC opens a proceeding every year to seek comment on upcoming regulatory fees.  Regulatory fees are generally due in late September.  Last year, our efforts led to a significant reduction in these fees. In the filing we: Supported the FCC’s efforts to more precisely delineate which agency employees work on non-broadcast matters and to ensure that the cost of those employees, as well as associated overhead costs of the FCC, are covered by the regulatory fees paid by the non-broadcast entities benefiting from those employees’ work rather than by broadcasters; Urged the FCC to annually review the fee categorization of its employees agency-wide prior to issuing proposed regulatory fees to ensure that broadcasters’ regulatory fees are not paying for non-broadcaster FCC services; Urged the Commission, as required by the RAY BAUM’S Act of 2018, to expand its base of regulatory fee payors so that the costs of operating the FCC are spread across all entities that benefit from the Commission’s activities, and not just those that hold an FCC license and which are regulated by one of the bureaus the FCC deems “core”; Urged the Commission to reexamine its practice of utilizing a single regulatory fee category for all transmit earth stations, causing a significant fee increase this year without any change in the benefit received by broadcasters utilizing such authorizations; Urged the FCC not to terminate its regulatory fee relief policy for silent and bankrupt stations; and Urged the FCC to make permanent temporary fee relief measures adopted during the pandemic, such as waiving the FCC’s downpayment requirement for installment plans, partially waiving the FCC’s ban on delinquent payors seeking fee relief, using its discretion to reduce the interest rate charged on installment plans, and allowing payors seeking relief to supplement their initial requests with additional documentation where needed. We will update you as the process moves forward. You can see our comments here . You can see the FCC’s Notice of Proposed Rulemaking regarding regulatory fees here . You can find additional information about the FCC’s regulatory fee process here . You can see our previous story on this year’s regulatory fees here .

How to come up with the best story your local direct client has NEVER heard. Your LOCAL decision-maker has been inundated with media salespeople selling cheap packages. What she’s not getting from media salespeople are solid ideas that will drive business her way. In this session, Paul Weyland will show you how to approach local clients with ideas they’d never come up with on their own. These ideas will instantly take you from zero to hero in the minds of your local customers. This session is a MUST for salespeople, managers, & program and production directors. You get FREE registration thanks to your state broadcasters association!   The webinar features LBS sales expert Paul Weyland. Paul works with local radio and television stations across the country. He’s constantly dealing with local direct clients. You’ll come away from the session fresh with great ideas that you can go out and pitch immediately. And since this is a Paul Weyland session, you can expect to be thoroughly entertained as you learn and professionally grow. During the always-valuable Q&A portion of the session that immediately follows the presentation, Paul will take LIVE questions and provide guidance on any product or service category you are currently working on!   This webinar is provided to NYSBA members in good standing free of charge.  You must register in advance here .

The New York State Broadcasters Association, Inc., announces the addition of six new inductees into the New York State Broadcasters Hall of Fame.  The induction ceremony will take place at our gala luncheon in the Rainbow Room, 30 Rockefeller Plaza, New York City, on Wednesday, October 23, 2024.  Regarding the class of 2024, David Donovan, President of the New York State Broadcasters Association, stated, “The Hall of Fame Class of 2023 sets the “gold standard” for broadcasters throughout New York State.  The inductees represent a lifetime of achievement serving their profession and communities throughout the Empire State and our nation. We are honored to have them join the Hall of Fame.” Here is the class of 2024. Blanca Rosa Vilchez, WUXTV-41, Univision, New York City Blanca Rosa Vilchez is an Emmy Award-winning journalist in New York.  She is the senior national correspondent for Univision’s premiere weeknight news show, Noticiero Univision .  For more than 30 years, she has appeared on the program, becoming a leading fixture on the screens of Latinos around the country — Noticiero Univision  is the number-one evening newscast for U.S. Hispanics. While New York has been her home for four decades, Blanca Rosa is proudly from Peru.  There, she first discovered her love for the profession. At 22, she became the first female news director in the nation, leading the daily newscast 90 Segundos  (90 Seconds).  When she moved to the United States some years later, she started her career at WXTV Channel 41, the local Univision network station. She then went on to Univision at the national broadcast channel.  Her in-depth, revelatory, and more than anything, compassionate reporting of the tragedies on and after September 11, 2001, still resonates with New Yorkers and Latinos today.  Blanca Rosa was one of the first to arrive at the scene that morning, mere moments after the second tower had been hit.  While reporting right under the Twin Towers, she and her camera operator witnessed the collapse of the second tower.  The video of Blanca Rosa running from the collapsing tower was seen around the world.  Today, the clothing she wore that day and her press badge can be found on display at the National Museum of American History in Washington, D.C. The Smithsonian also collected her oral history about her work and the field of broadcast journalism. Most recently, Blanca Rosa Vilchez has covered extensively the criminal trial of former President Trump, the corruption trial of Senator Bob Menendez, and the upcoming U.S. presidential election. Craig Carton, WFAN & Fox Sports, New York City Craig Carton’s 33-year career started in the summer of 1991, at WGR AM Radio in Buffalo, NY, and quickly became a fan favorite. He was then lured away by the legendary radio station WWWE in Cleveland. His success soon led to WIP Radio in Philadelphia, where he was the youngest person in the country to host a daily sports talk radio show in a major market.  His success led to a nationally syndicated show broadcast on over 60 stations nationwide by Sportsline USA.  He was wooed back to local radio by KKFN in Denver, Colorado, and later hired by crosstown rival KBPI to "Rock the Rockies."  In 2000, Craig returned to WIP in Philadelphia. New York called and he became the new morning drive host of The Sports Guys Show  at WNEW.  In 2002, Craig hosted the Jersey Guys  at New Jersey 101. Over the next five years, Carton became the highest-rated host in the station’s storied history. WFAN in New York hired Craig along with fellow Hall of Fame member, Boomer Esiason. For the next ten years, Boomer and Carton dominated the ratings as the most listened-to local morning show in the country and the highest-rated show in FAN history. Winners of countless awards, Boomer and Carton were quickly simulcasted, first on MSG Network and then on CBS Sports Network.   After a three-year hiatus, Craig had a remarkable comeback. In 2020, he returned to WFAN to host the new Afternoon Drive Show, Carton and Roberts , reaching # 1 for two years. In 2021, Carton and Roberts became the first show to be simulcasted on the SNY television network. In 2022, he became the host of a national television show on Fox Sports 1, where he has enjoyed double-digit ratings growth.   Craig is credited with popularizing the "Guy Talk" brand of sports talk, a tremendously successful format and widely copied.  Craig also hosted the first-of-its-kind prime-time show on Spike Network called MMA Uncensored, as well as The Weekend Pregame on Spike. He penned his first book titled LoudMouth , in 2013.   Most importantly, Carton has used his platform to support many worthy causes and has helped raise millions of dollars for local charities throughout the 5 boroughs. In January of 2021, he and WFAN debuted “ Hello, My Name is Craig ,” a public service show aimed at humanizing gambling addicts and bringing their stories to light. The show is now in its 4th year of airing on Saturday mornings on WFAN.   Mike Catalana, Sports Director, WHAM-TV Ch.13, Rochester Mike Catalana is the Sports Director at 13WHAM ABC in Rochester and the Co-Founder of Buffalo Plus , a YouTube channel and podcast focused on the Buffalo Bills. After graduating from Ithaca College, Mike began his career at WMGC-TV in Binghamton as Sports Director in 1986. Two years later, he came to Rochester at WOKR-TV (now 13WHAM) as a weekend sports anchor and reporter. In August of 1989, he was promoted to his current role. Mike has covered nearly every major sporting event in the country including multiple Super Bowls, beginning with the 4 trips made by the Buffalo Bills from 1991-1994. In 2024, he began his 37th year covering the Bills.   In addition to his work at 13WHAM, Mike was the sideline reporter for the Buffalo Bills Broadcast Network for 20 seasons. He was also the team’s postgame show host for 8 years. Mike worked with the Rochester Americans hockey team as game host and analyst for a total of 11 seasons.   During his years in Rochester, Mike and his team have won multiple awards from the NY State Broadcasters Association for Best Sportscast. He is also a multiple time winner of the Rochester Press Radio Club’s Media Excellence Award.   Mike has volunteered his time with the Golisano Children’s Hospital, the Ronald McDonald House, and Daystar Kids among others throughout the years. He and his wife Jenni live in Pittsford and have four children (Carly, Courtney, Ben, and Charlotte).   Sean McMaster & Richie Phillips, Sean & Richie Show , Albany   For more than 16 years, Sean McMaster and Richie Phillips dominated the morning drive in Albany by hosting the “ Sean and Richie Show” on WGNA (107.7 FM).  Together, this dynamic team brightened the mornings of listeners throughout the Capital Region.  Sean McMaster - Sean currently co-hosts the top-rated morning drive show,  “Sean and Andrea”  with his wife Andrea on Pamal Broadcasting’s “The CAT” (100.9/107.1 FM).  He is a veteran broadcaster of over 30 years and has been a morning drive on-air personality for 25 years.    In his career, he has won multiple awards, including CMA Personality of the Year, multiple New York State Broadcaster's awards, and many awards and citations for his work with charities.   With a focus on children, over his career Sean has raised millions of dollars for charities like St. Jude , Make A Wish , the Special Olympics , and The Ronald McDonald House Charities of the Capital Region .  Sean also had a hand in creating his own Charites including Pennies from Heaven  and Blue Friday .   Sean, a lifelong native of the Capital District, lives in Clifton Park with his morning show partner and wife Andrea, and three amazing boys Ryan, Andy, and Caden. He also has a cat named Pluto and his best friend, a black lab named Sam.  On a personal note, Sean loves music, movies, travel, football, golf, anything science fiction, and hanging out at home relaxing. Richie Phillips  - In 1980, Eastern Long Island native and former tenured high school history teacher Richie Phillips decided to trade in the security of a blackboard for a keyboard and move to the Albany area to entertain in clubs and piano bars. As luck would have it, he landed a gig in the prestigious 21 Club in downtown Albany, a popular haunt for politicians and influential business leaders—a position he held there nightly for over seven years between 1981 and 1988.    Boring quickly of playing background music, however, he decided to try his hand at lampooning the issues of the day in song - patterning himself after national satirist, Mark Russell. That caught the ear of a local radio station program director, the late “Uncle Fred” Horton, and landed him a morning radio spot with Horton on WTRY AM in Albany. They became the morning breakfast flakes with “ Uncle Fred and Rhymin’ Richie.”  Together, they enjoyed top ratings, only to quickly receive a new opportunity: a move to country station WGNA in August of 1988, after only 6 months on the air. Knowing very little about country music, Richie took the job basically as a lark - a temporary move. Temporary? Hardly!  He stayed for 29 very successful years, the last 16 with Sean McMaster as part of the “ Sean and Richie Show. ”    Richie won a national CMA award in their first year together in 2000 and has garnered multiple awards over the years for his community involvement, including two New York State Broadcasters Association honors for his school songwriting program - Reading, Writing and Rhyming . To add this latest “NYSBA Hall of Fame” acknowledgment to his mantle is an amazing addition and a highly cherished one.  He is eternally grateful to the NYSBA for this honor. Richie retired in 2016 and has been married for 38 years to his wife Dorrie. Richie has a wonderful son Ben, who is married to his equally wonderful wife Colleen, with two amazing grandchildren, Arron and Tess.   John Murphy, Voice of the Buffalo Bills , Buffalo   John Murphy has spent more than 35 years on the Buffalo Bills radio broadcast team, including his role as the play-by-play voice of the team from 2003 through 2022.  The lifelong Bills fan is a native of Lockport, NY, and has lived in Orchard Park for 30 years.   Murphy began on the Bills broadcast as “color-man” with legendary play-by-play voice Van Miller in 1984.  When Miller retired following the 2002 season, Murphy assumed the play-by-play role.    He has also done play-by-play for University of Buffalo football, local college basketball (Canisius and Niagara), and Buffalo Bisons baseball. His play-by-play experience began as a high school football announcer at WLVL radio in Lockport.   For more than 20 years, Murphy was a familiar face on Buffalo television as a sportscaster and then Sports Director at WKBW-TV (Ch. 7) and WIVB-TV (Ch. 4) in Buffalo. Before, during, and after his career on TV, he spent several years as a radio host.  At WBEN Radio, he hosted “One on One Sports” and other shows.  He worked for the Buffalo Bills for 12 years as host of “The John Murphy Show” and “One Bills Live.”   A member of the Buffalo Broadcasters Hall of Fame, Murphy has won numerous awards during his career, including a citation from the Associated Press of New York State for Best Sports Coverage for WBEN Radio, Artvoice “Best Sportscaster,” and Buffalo Spree “Best Broadcast Reporter.”   He is a graduate of the S.I. Newhouse School of Public Communications at Syracuse University.  Murphy and his wife Mary have two sons, Mark (Lexi) and Jack, and two grandsons, Cormac and Frank.   For information about the New York State Broadcasters Association’s Hall of Fame go to https://hof.nysbroadcasters.org/ For additional information contact David Donovan at ddonovan@nysbroadcasters.org

As noted previously, the FCC has reinstated its radio non-duplication rule. This rule limits the duplication of programming by commonly owned stations or stations commonly operated through a time brokerage agreement in the same service (AM or FM) with substantially overlapping signals to 25% of the average broadcast week. The rule was eliminated in 2020 but was reinstated recently by the FCC. The FCC has released its decision. According to a press release published by the Commission, the rule will become effective on August 2nd. “On June 10, 2024, the Commission released the Order on Reconsideration (Order), which granted the Petition for Reconsideration filed by REC Networks, the musicFIRST Coalition, and the Future of Music Coalition requesting that the Commission reinstate section 73.3556 of the Commission’s rules (radio duplication rule) for commercial FM stations (licensees). The rules become effective 30 days after publication of the Order in the Federal Register. The Federal Register published a summary of the Order on July 3, 2024. Accordingly, the rules adopted in the Order will take effect on August 2, 2024.” Importantly, there is a grace period to come into compliance.  The FCC’s public notice stated: “For licensees that exceed the duplication allowance of the reinstated rule, the Order affords them a six-month grace period to come into compliance beginning 30 days after publication in the Federal Register. The grace period will be effective from August 2, 2024, to February 3, 2025.” In addition, a station may submit waivers within 90 days of the August 2nd effective date. The FCC noted: “The Commission encourages licensees planning to seek waivers of the reinstated rule to submit waiver requests within 90 days after the new rule becomes effective. Accordingly, such waiver requests should be submitted by October 31, 2024.  Licensees, however, are not precluded from submitting waiver requests beyond the recommended time period. Unless and until a licensee’s waiver request is denied, it may continue duplicating programming beyond the 25% duplication allowance. Additionally, in the event that a licensee’s waiver request is denied, the Commission may grant additional time, not to exceed six months, for the licensee to come into compliance.” We continue to believe reinstating the rule is unnecessary. Nonetheless, it is once again part of the FCC’s rules, and stations must comply. You can the FCC’s Public Notice here .  You can see the FCC’s decision here . You can see our previous NewStream story about the issue here .

As we reported previously, the FCC voted to reinstate its EEO Form 395B reporting requirement. Fearing a constitutional challenge, the FCC has not used the form in more than 20 years. Nonetheless, the Commission reversed course and will once again collect very specific employment data. The new form 395B will require broadcasters to annually report their employees’ race, ethnicity, and gender while classifying the employees by job categories.   To avoid a constitutional challenge, the FCC indicated it would not use the data against any individual station. However, it will make the data contained in each station’s Form 395 B public via a web portal. Data collection could begin as early as September 30th.   The Texas Association of Broadcasters, the American Family Association, and the National Religious Broadcaster filed a petition for review with the U.S. Court of Appeals. The litigation challenges the constitutionality of the rule. Most recently, these parties filed a motion with the court to “stay” the implementation of the rule while the case is pending in court. The parties noted that the 395B report is unconstitutional because it unlawfully pressures broadcasters to engage in race- and sex-conscious employment practices. Moreover, because the data will be made public, third parties will use the form to force broadcasters to make certain hiring decisions.     You can see a copy of the FCC’s 395B decision here .   You can see the joint request for "stay" filed by the Texas Association of Broadcasters, American Family Association, and National Religious Broadcasters here .   An in-depth analysis by noted communications attorney David Oxenford can be found here .   Our previous NewStream story on the FCC’s decision can be found here .

Last week, we reported that the House Commerce Committee was scheduled to vote on the AM Radio for Every Vehicle Act (H.R. 8449).  Unfortunately, the Committee canceled the vote.  The cancellation was not due to any specific problems with the AM legislation. Rather, the vote was delayed due to disagreements over the American Privacy Rights Act (H.R. 8818). The data privacy legislation would set rules regarding the misuse of an individual’s digital data. Because of the disagreement, the scheduled meeting to vote on all bills was canceled at the last minute. Unfortunately, any delay could have a significant negative impact on getting the AM Radio for Every Vehicle Act passed this year. There may be only one or two opportunities to schedule a vote in the House Energy and Commerce Committee before the August recess. Moreover, because it is an election year, Congress will adjourn early. It is important that we urge members of Congress to move this bill as soon as possible. Accordingly, we are urging stations to run on-air spots created by the NAB. You can access NAB’s spots and scripts here . You can access more information about the AM Radio for Every Vehicle Act (H.R. 8449) here .

Last week, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled: “Radio, Music, and Copyrights: 100 Years of Inequity for Recording Artists.” As the title indicates, the hearing was all about imposing a performance fee on over-the-air radio and supporting the latest version of the American Music Fairness Act of 2023. This legislation is the exact opposite of the Local Radio Freedom Act, H. Con. Res, 13, which opposes the imposition of a performance fee on local off-air radio broadcasts. The Local Radio Freedom Act has 225 co-sponsors in the House, while the American Music Fairness Act of 2023 (H.R. 791) has 10 co-sponsors. Country music star Randy Travis and Michael Juppe, President and CEO of SoundExchange, testified in favor of the American Music Fairness Act. NAB President Curtis Legeyt and Eddie Harrell, Regional VP and General Manager of Radio One, testified on behalf of broadcasters.  Given the overwhelming support for the Local Radio Freedom Act, it is unlikely that the American Music Fairness Act will move in this session. This hearing was an attempt to kick-start the legislation. Rep. Darrell Issa (R-CA), Chairman of the Subcommittee, is a strong supporter of imposing a performance fee on radio stations. Unfortunately, Ranking Member Jerry Nadler (D-NY), who has been a strong supporter of broadcasters, including the AM Radio for Every Vehicle Act, supports the American Music Fairness Act. You can find more information about the hearing, including a video, here .

As we reported in the June 11th edition of NewStream, the New York Legislature passed a new bill dealing with a station’s obligations regarding broadcasting political communications that contain deceptive digital images, video, or voice. We are happy to report that the Governor has signed the legislation. The new law becomes effective immediately. The new law makes it clear that Federal law controls with respect to editing or adding labels to political campaign ads. Under federal law, stations may not edit or attach labels to political advertisements purchased by a candidate’s authorized campaign committee. The new law also will hold stations responsible only if they have actual knowledge that a campaign ad or video used for newscasts contains deceptive material. Stations will be required to adopt a policy stating that they will not broadcast content that contains deceptive digital material or AI. However, stations are not required to become policemen and investigate every political advertisement.  NYSBA will be hosting a webinar in the near future outlining the steps needed to comply with the new law.   This is a win for broadcasters. It reduces the risk that stations will be dragged into litigation that involves disputes between candidates. You can obtain more information about the new law here .

Some television stations are carried on cable and satellite systems outside their local market. Stations that are carried outside their local service area may be eligible to file a copyright royalty claim with the U.S. Copyright Board. These annual royalty claims must be filed by July 31. According to the DC law firm of Pillsbury Winthrop Shaw Pittman LLP: “Under the federal Copyright Act, cable systems and satellite operators must pay license royalties to carry distant TV signals on their systems.  Ultimately, the Copyright Royalty Board divides the royalties among those copyright owners who claim shares of the royalty fund. Stations that do not file claims by July 31, 2024, will not be able to collect royalties for carriage of their owned programming outside their local service area during 2023. To file a cable royalty claim, a television station must have aired locally produced programming of its own and had its signal carried outside of its local service area by at least one cable system in 2023.  Television stations with locally produced programming whose signals were delivered to subscribers located outside the station’s Designated Market Area in 2023 by a satellite provider are also eligible to file royalty claims.  A station’s distant signal status should be evaluated and confirmed by communications counsel.” Thus, if your station is carried on a cable system or satellite service outside your local DMA market, you may be eligible for payment. You should check with your counsel to see if you qualify for payment. You can find a detailed analysis and explanation from our friends at Pillsbury here .

The FCC’s Public Safety Bureau and Homeland Security Bureau has released its report on the National Test conducted on October 4, 2023. Overall, broadcasters did a good job with a 93.6 transmission rate, a significant improvement from the 2021 test. According to the Report: “The test message was received by 96.6% of EAS Participants (increase from 89.3% in 2021).  The overall retransmission success rate was 93.6% (increase from 87.1% in 2021).  This significant improvement is likely due to initiation of the 2023 test alert via Common Alerting Protocol (CAP), which introduced additional resiliency that was not available during the over-the-air-only 2021 nationwide test.” In terms of filing, the FCC ERTS forms participation rate was significantly higher than previous years.  “Excluding duplicate filings, EAS Participants made 20,682 unique filings, with a participation rate of 81.7% up from 75.3%, in 2021.  Radio broadcasters had a participation rate of 85.1%, up from 79.9% in 2021.” Overall, the performance of those stations participating improved significantly. This is largely due to a better base of CAP equipment. Nonetheless, while there were fewer performance issues, the report found that 23% of EAS Participants in the 2023 test used outdated software, leading to a lower success rate among those participants. The report makes specific recommendations regarding the need to improve performance. Moreover, we expect the FCC to move forward with a number of EAS-related proposals. You can access a copy of the Public Safety Bureau’s Report on the National Test  here .

Under FCC rules, stations must include non-discrimination provisions in all sales contracts. As part of the license renewal applications, stations are required to certify that they have included non-discrimination provisions in their sales contracts. The FCC’s Media Bureau recently raised this issue in renewing the licenses of three stations, including two Class A stations. The stations indicated they could not make such a certification on their renewal application. Moreover, the stations could not provide an explanation as to why they could not do so. However, the station noted in an attachment that it did not discriminate with respect to advertising sales and would include a non-discrimination provision in its sales agreements going forward. Nonetheless, the Media Bureau admonished the stations.   With respect to the full-service station, the Media Bureau noted that continued failure could result in fines: “While the Licensee certified “No” in its Application, there has been no evidence presented to the Commission that the Licensee or the Station has engaged in discriminatory behavior with regards to its advertising.  We therefore conclude that the Liceensee’s failure to include non-discrimination clauses in the Station’s advertising sales agreements does not warrant a monetary forfeiture.  However, future failures to include non-discrimination clauses in advertising sales agreements may result in more severe sanction, including the assessment of monetary forfeiture.” As for the Class A stations, the Bureau noted that the failure to include non-discrimination provisions could also result in a downgrade to LPTV status. “We therefore conclude that the Licensee’s failure to include non-discrimination clauses in the Station’s advertising sales agreements does not warrant a monetary forfeiture.  However, future failures to include non-discrimination clauses in advertising sales agreements may result in more severe sanction, including the assessment of monetary forfeiture or downgrade to low power television status.” Accordingly, commercial stations, including Class A stations, must make sure their sales contracts have non-discrimination provisions.   You can see a more detailed discussion of this issue by noted communications attorney David Oxenford here .

Under the FCC’s rules, radio and TV stations are required to upload an issues/programs list into their online public file on a quarterly basis. The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by July 10, 2024, reflecting information for the months of April, May, and June 2024. The Washington DC law firm Pillsbury Winthrop Shaw Pittman LLP, described the obligation as follows.   Content of the Quarterly List: The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station.  The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.  To demonstrate a station’s compliance with this public interest obligation, the FCC requires the station to maintain and place in the Public Inspection File a Quarterly List reflecting the “station’s most significant programming treatment of community issues during the preceding three-month period.” By its use of the term “most significant,” the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.   DO NOT BE LATE UPLOADING THIS LIST . The FCC is keeping close tabs on when these lists are filed.    You can access a complete discussion of the Quarterly Issues Programs obligation by the Washington, DC, law firm Pillsbury Winthrop Shaw Pittman LLP here .

The FCC’s Media Bureau asked for comments on a petition for rulemaking proposing the creation of a new class of FM stations - Class A10. Under FCC rules, any entity may file a petition for rulemaking seeking to change the FCC’s rules. According to the Media Bureau’s Public Notice:   By this Public Notice, the Media Bureau (Bureau) seeks comment on the Petition for Rulemaking (Petition) submitted by Commander Communication Corporation (Commander) on June 13, 2024. In the Petition, Commander requests that the Commission create a new FM station class “A10.” Commander proposes specific operating parameters for the new Class A10 stations of a maximum of 10,000 watts effective radiated power (ERP) and 100 meters height above average terrain (HAAT), as well as amendments to the existing facilities requirements and minimum distance separation requirements to accommodate a new FM station class.  This proposal is intended to supersede an earlier proposal for a new “Class C4” category of FM station. The fact that the FCC put the petition out for public comment does not  mean it is looking to adopt the rules. There is a long way to go in the process. At a minimum, the FCC would have to open a formal proceeding by issuing a Notice of Proposed Rulemaking. Putting the petition out for comment is a preliminary step to determine if the FCC should consider this proposal.   Nonetheless, the petition contemplates a dramatic change in the FCC’s FM table of allotments. It is something that we should watch closely. Comments on the petition are due July 22, and reply comments are due August 21.      You can access the Media Bureaus Public Notice   here .

As noted in the previous story, the clock is ticking to pass the AM Radio For Every Vehicle Act this year. In the House, it’s H.R. 8449, and in the Senate, S.1669. While we have tremendous support for the bills, more than 300 members of both the House and Senate, we must encourage members of Congress to move the legislation forward now! This will be a shortened session as members return home to campaign.    The best way to move Congress is to get your radio listeners to contact their local members of Congress about passing the AM Radio for Every Vehicle Act this session. NAB has created new spots  and talking points  to help stations get the message out to listeners. We encourage stations to run these messages between now and Labor Day.   New York is extremely important. Senate Majority Leader Chuck Schumer controls timing on the Senate Floor. Also, House Minority Leader Hakeem Jefferies will be a key player in any decision to move this bill.   These spots  convey a sense of urgency that the time for Congress to act is now! They send listeners to a platform  that allows them to urge their legislators to reach out to House and Senate leadership requesting a vote.     While updated, fully produced spots  are available, we encourage stations to record the scripts  using your well-known on-air personalities, and if appropriate, to have on-air talent discuss the importance of this issue during their shows.     You can download the most recent June 2024 spots here .   You can access the updated June 20th scripts here .

Last month, we reported that the AM Radio for Every Vehicle Act  (H.R.8449) passed the House Subcommittee on Innovation, Data, and Commerce. We anticipate that the legislation will be scheduled for a vote before the full House Energy and Commerce Committee on Thursday of this week (Of course, dates sometimes slip.)   The legislation (H.R. 8449) is a slightly revised version of the original AM Radio for Every Vehicle Act (H.R. 3413). While it gives automakers some additional time to come into compliance, NYSBA strongly supports the bill (H.R. 8449). Importantly, the legislation is exactly the same as the Senate’s version of the bill (S.1669), which will make it easier to pass.   New York has two members of Congress serving on the House Commerce Committee. Congressman Paul Tonko (D. Albany) was one of the initial co-sponsors of the legislation. Congresswoman Yvette Clarke (D. Brooklyn) also serves on the Commerce Committee. We have met with her on numerous occasions and believe she will support the legislation as well. NYSBA is contacting both offices to ensure they will support the legislation.   Assuming the legislation passes the House Commerce Committee, it will then be ready for a vote on the House Floor. More than 250 members of the House support the legislation. To date, 17 members of the New York delegation support the legislation.  Rep. D'Esposito, Anthony [R-NY-4] Rep. Espaillat, Adriano [D-NY-13]  Rep. Goldman, Daniel S. [D-NY-10]               Rep. LaLota, Nick [R-NY-1]               Rep. Langworthy, Nicholas A. [R-NY-23]      Rep. Lawler, Michael [R-NY-17]      Rep. Malliotakis, Nicole [R-NY-11]  Rep. Meng, Grace [D-NY-6]             Rep. Molinaro, Marcus J. [R-NY-19]              Rep. Morelle, Joseph D. [D-NY-25]                Rep. Nadler, Jerrold [D-NY-12]       Rep. Ryan, Patrick [D-NY-18]           Rep. Stefanik, Elise M. [R-NY-21]   Rep. Tenney, Claudia [R-NY-24]     Rep. Tonko, Paul [D-NY-20]             Rep. Velázquez, Nydia M. [D-NY-7]               Rep. Williams, Brandon [R-NY-22]  We will be working to keep their support on the House floor. We will continue to seek to gain the support of New York members of the House who are not  on the list presented above.    On the Senate side, the legislation (S. 1669) has already passed the Senate Commerce Committee and is ready for a vote on the floor. Senator Gillibrand supports the legislation, and we will work to solidify her vote. Majority Leader Schumer controls the schedule, and we will be working to urge him to bring the bill to the Senate floor or attach it to “must pass” legislation.   Even though there is strong support, with the November election on the horizon, time is running out to get legislation passed this session. To move this along, we will be asking stations to broadcast on-air messages (read this story for more information).   You can see the text of the revised AM Radio for Every Vehicle Act (H.R. 8449) here .

In broadcast selling and leadership, we are ultimately in a relationship game. Succeeding big requires disciplined effort and dedication. An essential skill for sellers and leaders who are pursuing success in today's LOCAL climate is the ability to simply communicate effectively with clients, prospects, and those they lead. Understanding in advance how individual advertisers make purchasing decisions enables broadcasters to tailor proposals to each client's personal preferences strategically. By embracing and adding these skills to your existing way of selling and leading, you can anticipate an immediate positive impact on both your relationships and your bottom line. Don't miss out on learning and implementing these valuable insights!   The webinar will feature Gary Moore, President and co-owner of Insight Edge, Inc. and Local Broadcast Sales. He has worked with over 6,000 broadcast, print, and digital media companies and retailers nationwide. Gary partners with media companies in professionally developing leaders and sales teams to integrate traditional media with digital solutions to build new revenue, increase market share, improve communication, and enhance strategic services.   DON’T MISS THIS PRACTICAL AND PRODUCTIVE TIME!   This webinar is provided to NYSBA members in good standing free of charge.  You must register in advance here .

The progress of Next Gen TV continues. A recent article in TV Tech noted the success of the Next Gen (ATSC 3.0) broadcasts: “After several years of rolling out NextGen TV, aka ATSC 3.0 broadcasts to more than 75% of American homes, stations are increasingly adding new features to those services with new interactive features and greatly improved quality for video and audio. The Pearl TV consortium of major U.S. broadcast station groups is now reporting that since the NAB Show in April, the number of broadcasters using NextGen TV broadcasts to deliver high dynamic range (HDR) video has jumped and that HDR is now available in 57 TV markets covering more than 70 million homes. In addition, a large group of stations has begun offering interactive capabilities with the flexible RUN3TV broadcast web platform.” The article by George Winslow, Sr. Content Producer to TV Tech, is quite good. You can access the article in TV Tech here.