TV stations holding Broadcast Auxiliary Service (BAS) licenses (e.g., Studio Transmitter Links/ENG) in the 12.7-13.25 GHz (12.7 GHz) band have until November 29 to file a certification to protect their operations or to entitle them to reimbursement should they have to make technical changes. The certification will show the FCC that the information on the license is correct and that the BAS service is operating as authorized. If the information is not accurate, a broadcaster must file a modification to update the FCC records with the correct information by the November 29 deadline. The FCC is considering repurposing parts of this spectrum for wireless users. Accurate information is essential to protect BAS licenses from interference or to give stations the appropriate level of reimbursement. You can find more information about the certification in the FCC’s Public Notice here. You can access more information from noted FCC attorney David Oxenford here.

Join us for an extraordinary opportunity to captivate local dealers and elevate your sales game! Get ready to make a lasting impression by securing appointments with the professionalism and finesse that demonstrates your ability to address their needs. Present yourself as a broadcast and digital seller who truly understands the auto world, steering clear of the regular, mundane, "station-centric chatter" dealers hear from other sales reps. Come prepared to absorb invaluable insights and stay afterward to engage directly with our presenter! Ask him your questions about your local automotive landscape and get the information you need to succeed. Don't miss this opportunity! Every serious broadcast seller and manager should be part of this transformative experience. Elevate your skills and multiply your success. Secure your spot today and be ready to take your dealer selling success to the next level. LBS Auto Expert John Tkac is a renowned auto authority and will equip you with the tools you need to engage in high-level conversations with your dealers. These conversations translate into increased revenue for you. John brings a wealth of experience to the table, having managed one of the largest car dealer operations in America. John is a trusted consultant to broadcasters and dealers, making him the perfect guide for your journey to success. This webinar is provided free of charge to NYSBA members in good standing. You must register in advance. You may register here.

For years, EEO enforcement fell under the jurisdiction of the Media Bureau. A few years ago, EEO oversight shifted to the Enforcement Bureau. As we noted then, The Enforcement Bureau will aggressively enforce all EEO rules. An example of increased EEO enforcement involves a recent $25,000 fine on two commonly owned clusters of broadcast stations. The proposed fine was based on two EEO Annual Public File Reports at one cluster being uploaded late (one 5 months late, the other 17 months late) and one Annual Report at the other cluster being uploaded over a year late. The FCC also found that, in two cases, the stations had not publicized job openings in a manner likely to reach the entire community served by the stations, as the rule that broadcasters “widely disseminate” information about job openings requires - relying solely on a recommendation from a departing employee in one case, and on the licensee’s on-air announcements on its own stations in the other. The Bureau also faulted the broadcaster for not keeping adequate paperwork to document its EEO efforts and for not conducting the required “self-assessment” that would have uncovered the issues. This precedent-setting fine signals a more aggressive EEO enforcement policy. Be sure to take the EEO rules seriously and make sure you are filing the Annual Reports on time. You can see the Enforcement Bureau’s decision here. You can see a detailed discussion of the decision by noted communications attorney David Oxenford here.

Earlier this year, the FCC announced a plan to open a short window in November for new LPFM construction permits. That window will now open and close in December. According to the Media Bureau: “Based on the forgoing, the Bureau grants the request to delay the LPFM filing window. The window will now open at 12:01 a.m. EST on December 6, 2023, and close at 6:00 p.m. EST on December 13, 2023. Applications must be filed between December 6, 2023, and December 13, 2023. The filing deadline will be strictly enforced. Applications submitted before December 6, 2023, or after the 6:00 pm EST December 13, 2023, application deadline will be dismissed by public notice without further consideration.” In addition, the FCC extended its freeze on LPFM and Translator minor modification applications until the close of the window. You can see the FCC’s Public Notice delaying the LPFM window here.

Over the years, the FCC has rolled out its requirement that the top four affiliated stations (ABC, CBS, NBC, Fox) in each market must provide audio descriptions for their programs. These provide narrated descriptions of a television program's key visual elements during natural pauses in the program’s dialogue. This is for the benefit of individuals who are blind or visually impaired. Covered TV stations must pass through 87.5 hours of audio-described programs each calendar quarter. The FCC’s current audio description requirements only apply to the top 90 DMAs. The rules will be extended to DMAs 91-100 beginning on January 1, 2024. The FCC has now expanded the audio description requirements to DMAs 101-210. This is set to begin with DMAs 101-110 on January 1, 2025. Ten markets will then be phased in every year, ending with DMAs 201-210 on January 1, 2035. Based on the FCC’s decision, the top four affiliated TV stations in the markets below will have to comply with the audio description rules based on the following schedule: Burlington/Plattsburgh DMA #93 – January 1, 2024 Binghamton DMA #162 – January 2031 Utica DMA # 171 – January 2032 Elmira/Corning DMA #178 – January 2032 Watertown DMA #179 – January 2032 The FCC did note that there have been slight changes in DMA market rankings. Accordingly, it will use the DMA market rankings based on the 2023 Nielsen data. Of course, stations can implement audio descriptions earlier if they wish. Network programming already contains these descriptions. You can see the FCC’s decision here.

Commercial and noncommercial broadcasters must file their 2023 biennial ownership reports on FCC Form 2100, Schedule 323 or 323-E, respectively, by December 1. The reports are required to be filed by every commercial and noncommercial full-power TV, Class A, LPTV, and AM and FM station. The window for filing ownership reports opened on October 2. All reports must be submitted by December 1, 2023. If you fail to file or are late, this could affect your future license renewal applications. Stations must certify on their renewal applications that they have filed their biennial reports as required by the Commission's rules or disclose violations. Failing to file ownership reports on time can raise issues for stations during the license renewal process, including potential processing delays. The FCC issued a reminder in July that is worth repeating: “The accurate and timely filing of ownership information is critical to ensuring that the public knows who owns, operates, and controls broadcast stations. Additionally, accurate and timely ownership information is crucial to an understanding of the broadcast industry as a whole, including an understanding of the diversity and multiplicity of owners. Given the importance of the biennial ownership reporting requirement, which informs the Commission and the public as to the station’s current ownership and supports the Commission’s policy-making efforts with comprehensive, reliable data reflecting the race, gender, and ethnicity of attributable interest holders in broadcast stations, we encourage licensees to prepare in advance for the upcoming October 2, 2023, biennial filing window.” The FCC will take enforcement actions against stations that do not file this report. The reports are complex. Make sure to give yourself enough time to complete them. For further information about biennial ownership reports, please visit the Media Bureau's Form 323/323-E website, which has links to forms and instructions, FAQs, and information sessions. You can access the ownership report website here.

The NYSBA Board has voted to expand the internship program. Under the new policy, a station or station cluster in a market may apply for up to 6 interns per year. This is a dramatic expansion of this highly successful program. Under the internship program, stations select their own interns and pay them at the minimum wage rate during the internship. NYSBA then reimburses the station. (There are some requirements that must be met.) Stations may apply for interns throughout the year. If your intern has finished their hours for the year, please submit your paperwork to sandy@nysbroadcasters.org for reimbursement. All final paperwork is due on December 15. For more information about the program, go to the Internship page on our website by clicking here.

While much of the radio industry has been focused on the AM for Every Vehicle Act (H.R. 3413), the issue of imposing performance fees on radio stations is still active. We are pleased to report that Congressman Brandon Williams (R-NY-22 Syracuse) has become the latest cosponsor of the Local Radio Freedom Act. This Congressional resolution opposes the imposition of a performance fee on traditional over-the-air radio broadcasts. To date, 206 members of the House of Representatives have signed on to the Local Radio Freedom Act, and 24 Senators have signed on. You need 218 House votes to pass a bill. The following members of the New York Congressional delegation have signed on to the resolution: Rep. D'Esposito, Anthony [R-NY-4] Rep. Garbarino, Andrew R. [R-NY-2] 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. Meeks, Gregory W. [D-NY-5] Rep. Molinaro, Marcus J. [R-NY-19] Rep. Stefanik, Elise M. [R-NY-21] Rep. Tenney, Claudia [R-NY-24] Rep. Williams, Brandon [R-NY-22] Legislation that would impose a new performance tax on radio stations has also been introduced. The so-called “American Music Fairness Act” (HR 791) has garnered only 4 votes in the House, including Congressman Jerry Nadler. Companion legislation in the Senate (S.253) has received only 3 votes. You can see a text of the Local Radio Freedom Act here.

The FCC has issued one of its largest fines in history against pirate radio operators in Queens, NY. According to the FCC’s decision: “We impose a penalty of $2,316,034 against César Ayora and Luis Angel Ayora (collectively, the Ayoras), jointly and severally, for operating an unauthorized radio station on 105.5 MHz in Queens, New York. The Ayoras have jointly engaged in the longstanding illicit operation of an unauthorized radio station known as Radio Impacto.” The decision follows the issuance of a Notice of Apparent Liability on March 15, 2023, against the Ayoras for willful and knowing violations of section 511 of the Act by engaging in pirate radio broadcasting. Neither of the Ayoras responded to the initial FCC order. Given the fact the Ayoras have ignored all FCC orders, it appears that a court order will be needed. The case now becomes an issue for the Justice Department. Under the Communications Act, the Department of Justice, not the FCC, has the authority to go to federal court to enforce the law and collect the fine. The only question remaining is whether the Department of Justice will pursue the case in court. In the past, it has refrained from taking pirate radio enforcement cases because the fine was too low. With the PIRATE Act, however, the fines were substantially increased. So, we are hopeful the DOJ will take the case. You can see a copy of the Commission's decision here.

The NAB Show NY will be held at the Javits Center in NYC on October 25 and 26, 2023. On October 26, the National Association of Broadcasters Leadership Foundation (NABLF) will host a Career Fair from 10 AM to 2 PM at the Javits Center. Stations will be able to meet and recruit students. As a member service, NYSBA will subsidize the job fair registration costs for stations willing to participate in the NABLF job fair. To receive a subsidy, participating stations must be NYSBA members in good standing. We still have a few open spots. If your station wants to participate, please contact Trevor at telmendorf@nysbroadcasters.org by October 18, 2023. You can find more information about the Career Fair here.

A recent study casting doubt on online advertising appeared in an article from Inside Radio. The study was conducted by Truthset. According to the article: “Ad buyers often point to digital media’s richer datasets to explain why more of their dollars are going online. But a new study is casting doubt about just how accurate the data used by media buyers really is. The analysis by Truthset in partnership with The Coalition for Innovative Media Measurement shows only half (51%) of the digital targeting and audience measurement data is accurate." Truthset examined 15 different data providers, analyzing the linkages between 3.9 billion anonymous email records and 90% of known U.S. postal addresses. Truthset then validated the information against the U.S. Census Bureau, Pew Research Center, and a variety of other independent, self-reported, and declared data from more than 20 million records. The findings were presented at the CIMM Summit, the annual gathering of media researchers.” The analysis provides insight into the effectiveness of online media targeting. It is worth reading. You can see the article in Inside Radio here.

FCC Chairwoman Rosenworcel has floated two proposals regarding program blackouts that occur when there is a dispute between broadcasters and multichannel video program suppliers (e.g., cable, satellite, and video systems). She does not believe consumers should bear the brunt of these disputes. As a result, she is floating proposals that would provide rebates to consumers. She is floating two proposals with her fellow commissioners: A Notice of Proposed Rulemaking seeks comment on whether and how to require cable and satellite providers to issue rebates to subscribers in the event of a blackout due to a failure to reach a retransmission consent agreement with broadcast station(s)/group owners. A Notice of Proposed Rulemaking that seeks comment on a proposal to require Multichannel Video Program Distributors (MVPDs) to notify the Commission via an online public portal when there is a blackout of 24 hours or more of broadcast programming due to a failure to reach a retransmission consent agreement. Traditionally, broadcasters have asked the FCC not to weigh in on these disputes, preferring the marketplace to work out these disagreements. We shall see if this proposal gains traction with other Commissioners. You can see Chairwoman Rosenworcel’s proposal here.

As you know, NYSBA has an extensive web portal listing job availabilities for stations throughout New York State. Pursuant to the new job transparency law, stations submitting job listings to our website must now include a salary range in their posting. This includes new and existing listings. The NY Department of Labor issued the following guidance: HOW TO DRAFT A PAY RANGE A pay range must include a minimum and maximum annual salary or hourly compensation rate for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the posting. If the employer does not plan to offer a range but instead plans to provide a single fixed rate, such as $30 an hour, the fixed rate must be listed. A pay range cannot be open-ended. For example, “$20+ an hour” is not allowed. A range of pay cannot include other forms of compensation or benefits such as employer-provided insurance, paid leave, or retirement savings. However, employers are encouraged to disclose such benefits separately. If compensation for an opportunity is completely commission-based, employers must state that clearly when advertising the opportunity. The law specifies employers must make a good faith effort to determine pay range. We will be sending notices to all stations with job listings on the NYSBA webpage to update their submissions to comply with the new law. If you have any questions please contact our Communications Director, Trevor Elmendorf at telmendorf@nysbroadcasters.org To see if your station has a current job listing go to our website here. You can see the NY Department of Labor FAQ page here. You can see a fact sheet for employees here. You can see a fact sheet for employers here.

We are pleased to report that the AM for Every Vehicle Act (H.R. 3413) continues to receive additional support in the House of Representatives. As we go to press, 163 members of the House have endorsed the legislation. HR 3413 would require the Department of Transportation to adopt a rule stating that all vehicles sold, imported, or manufactured in the U.S. must contain AM receivers as standard equipment. This includes electric and traditional vehicles. We are pleased that Rep. Mike Lawler (NY 17th) has now endorsed the legislation. Thank you, Congressman Lawler! To date, 14 members of the New York House of Representatives Delegation have endorsed the legislation. This includes both Democrats and Republicans. The following members have signed on: 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, Mike [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. Stefanik, Elise M. [R-NY-21] Rep. Tenney, Claudia [R-NY-24] Rep. Tonko, Paul [D-NY-20] As we go to press, the Senate’s version of the bill (S.1669) has passed the Senate Commerce Committee and is ready for a vote on the Senate Floor. However, the House Commerce Committee has not scheduled H.R. 3413 for a vote. We will keep you updated as this bill moves through the House of Representatives.

We want to thank all who attended our recent regional awards lunches. Overall, more than 600 people attended our regional award lunches statewide. Again, congratulations to everyone who received an Excellence in Broadcasting Award. In addition, we want to thank all the stations and community groups who received a “Serving New York Award.” These awards are given to stations and public service groups for their outstanding commitment to their local communities. Serving the public interest is at the core of broadcasting, and we applaud those stations and community groups who work hard to make New York a better place to live. You can see pictures from each awards luncheon here. The list of the Excellence in Broadcasting award winners can be found here. The list of Serving New York winners can be found here.

Our Hall of Fame Luncheon will be held on October 26 in the iconic Rainbow Room, 30 Rockefeller Plaza, New York City. The luncheon will start promptly at 12 noon. Tickets are $150 per seat and $1250 per table of 10. This year we will be inducting the following into our Hall of Fame: Angie Martinez – iHeartRadio WWPR, NYC Irv Gikofsky (“Mr. G”) – WPIX TV, NYC Craig Stevens Harris – WCDO, Sidney Dan Cummings – WSYR-TV Channel 9, Syracuse Bob Matthews – WHAM 1180 AM, Rochester Reservations are required. Tickets can be purchased through October 15th. You can purchase Hall of Fame Luncheon tickets here. You can find more information about this year's Hall of Fame Class here.

As many of you know, the New York Mass Transit Authority’s Traffic Mobility Board is in the process of implementing a congesting pricing plan for Manhattan. The goal is to reduce traffic in the core of the city. Unfortunately, the congestion pricing system will significantly raise the costs of news coverage. This will make it difficult to provide full coverage of news throughout Manhattan. News vehicles are essential tools in providing the citizens of New York with vital information. Because they are so essential, news vehicles are unique and unlike any other entity that is requesting an exemption. Without them, journalists and broadcasters would not be able to provide breaking news or life-saving information during emergencies. Obtaining an exemption will be a difficult task. Nearly every business in New York City has requested an exemption. Nevertheless, we will continue to push for relief. You can see a copy of our exemption request here. You can find more information about congestion pricing here.

The New York State Broadcasters Association wrapped up this year’s regional luncheon circuit last week in Long Island and New York City. We began in Melville, NY, at Blackstone Steakhouse where we hosted approximately forty people from a variety of stations and public service organizations based on Long Island. The distribution of awards to Long Island radio stations and WVVH-TV was accompanied by a steak lunch and cheesecake. Our famous Crystal Serving NY Bowls were again given out for positive work to several community groups serving Long Island. We concluded the three-day trip at The Current Restaurant at Chelsea Piers on the west side of Manhattan. The banquet hall had a sublime waterfront view of the Hudson River that was visible from floor-to-ceiling windows on multiple sides of the venue. It was a memorable event that featured award winners giving spirited acceptance speeches from stations around the city. We also had a strong college presence in the room with student representatives from Hofstra and Fordham. Between Excellence in Broadcasting and Serving New York, over thirty awards were given out. We appreciate everyone who attended the events last week and helped to make them a triumph for both the association and local news. Click here to watch a recording of the Long Island luncheon courtesy of WVVH. You can see the recap of the first batch of regional luncheons by clicking here. Pictures from each luncheon can be found and downloaded here. We will be posting the winners of the Serving New York Awards on our website shortly.

Now that the Government is funded, the FCC and FEMA's National EAS Test will run as scheduled. In a last-minute reprieve, the House and Senate agreed on Saturday, September 30 to fund the government for another 45 days. This will run through mid-November. FEMA (Federal Emergency Management Agency) and the FCC have scheduled a special National EAS Test on October 4, 2023, at 2:20 EDT. The test will be fed via IPAWS (Integrated Public Alert and Warning System) at 2:20 PM Eastern. Stations should confirm that their EAS system is operating correctly to ensure proper reception and retransmission of the National Test. The FCC’s ETRS Form One is due September 15th. Engineers Larry Wilkins and John George conducted a webinar last week to go over the EAS Test Reporting System (ETRS) Form One (changes due September 15th) and how to ensure EAS equipment is configured correctly to receive the National Periodic Test (NPT). The webinar included representatives from Digital Alert System and Sage Alerting Systems. Gorman-Relich was also in the meeting to answer any questions about setting up the systems correctly. The FCC’s Public Safety and Homeland Security Bureau (Bureau) issued a Public Notice to remind Emergency Alert System (EAS) participants of their obligation to ensure that EAS alerts are accessible to people with disabilities. TV stations must make sure it's visually accessible to everyone. The EAS text must be displayed as follows: At the top of the television screen or where it will not interfere with other visual messages (e.g., closed captioning). In a manner (i.e., font size, color, contrast, location, and speed) that is easily readable and understandable (see the following guidelines). No overlapping lines or extending beyond the viewable display (except for video crawls that intentionally scroll on and off the screen), and in full at least once during any EAS message. The text should scroll at a speed that allows viewers to read the crawl as if they were going to read it aloud. The background and text colors should sufficiently contrast to allow for readability. For example, a bright green background with white text may not provide sufficient contrast. Green and red should also be avoided as viewers who are color-blind have difficulty seeing these colors. In addition, the audio portion of an EAS message must be played in full at least once to ensure it is accessible to viewers who are blind or have low vision. It should be spoken at a pace that allows a listener to understand the content. The Public Notice also reminded EAS Participants that they must file ETRS Form Two after the nationwide EAS test no later than October 5, 2023. They must also file ETRS Form Three by November 20, 2023. You can see the archived webinar here. You can see the FCC’s Public Notice here. You can access the FCC’s ETRS Reporting System here.

The New York Gaming Commission has proposed new regulations that would govern advertising for gaming services in New York. The proposed regulations would create a new audience composition standard for ad placements. It also plans to enact new labeling requirements. The regulations also would enact several new economic rules that could hinder advertising. We first noted that if the gaming commission were to adopt an audience placement standard, it should be straightforward and clear. Specifically, the rule should clarify that such ads be placed where it can be shown that no more than 25% of the audience is underage with respect to gambling. This standard is similar to that used for alcohol advertisements and regulations in other states. In addition, we observed that several radio stations and broadcasters in small markets do not have access to station-specific data regarding the audience composition of specific programs. We requested that the Gaming Commission be flexible as to the proof of the audience composition standard. Sports gaming operators should be able to use national audience data, data from other markets, or regional data concerning program type or program format. Finally, we are concerned that extensive labeling requirements could have a negative impact on local stations, especially radio stations. For example, it was suggested that ads contain a label listing the states that do not allow gaming activities. Providing a list of states as part of a label could take up the entire spot. Accordingly, we asked that the Gamin Commission simply include language stating, “void where prohibited by laws” and referencing a website. There were a number of additional issues we raised in our letter with the Gaming Commission. We will be following these proposed regulations as they move through the process. You can see a copy of our letter to the Gaming Commission here. You can see the proposed Gaming Commission Rules here.