U.S. Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science, and Transportation, will convene the full committee on Thursday, July 27, 2023, at 10 a.m. ET to consider S. 1669 the AM Radio for Every Vehicle Act of 2023. This is a major step forward for the legislation. Passing the Senate Commerce Committee is the first step in obtaining full Senate approval. If it passes the Committee, the next step will be to secure time on the Senate floor for a full vote. Of course, the House of Representatives must move a companion bill, H.R. 3413 for the legislation to become law. This is a bipartisan effort. As of today, 23 Senators from both parties have endorsed the bill. The Senate Commerce Committee Chair Maria Cantwell (D WA) and the Ranking Republican on the Committee Ted Cruz (D TX) support the bill. The House bill, HR 3413, has 129 co-sponsors. While she is not on the Commerce Committee, New York Senator Kirsten Gillibrand has agreed to co-sponsor the bill. Majority Leader Schumer has also expressed his support. The legislation requires the Secretary of Transportation, through the National Highway Traffic and Safety Administration (NHTSA), to adopt regulations within one year requiring automakers to include AM radios in all vehicles. Specifically, the legislation requires: Every vehicle manufactured, imported, or sold in the United States to have a receiver that can receive and play the content of AM radio stations. AM receivers to be standard equipment in all cars. There can be no fee or charge for including the AM radio in the vehicle. AM radio to be placed in the dashboard that is conspicuous to the driver. Automobiles sold without AM radios before the rules go into effect must have a label stating that the car does not contain an AM radio. In addition, the legislation requires the GAO to conduct a study regarding the costs associated with providing emergency alerts to automobiles on other alerting systems. We will update you as the process moves forward.

Encrypting police communications is important for broadcast journalists because access to basic dispatch information is essential to cover live on-the-scene news events. Reporting from these live events is necessary to provide the public with information about dangerous and potentially life-threatening situations in NYC. Without live-on-the-scene reporting, the citizens of New York will be left obtaining information from videos taken by people at the scene on their mobile phones. Unfortunately, such videos may not present an accurate picture of the event. NYPD decided recently to deploy new encrypted radios in six Brooklyn precincts. As a result, journalists have lost access to police communications in this area. In response to journalists’ concerns, NYPD issued the following statement. “The safety of our first responders and the community at large will always remain our top priority. From preserving the integrity of active crime scenes to restricting those who intentionally transmit on police frequencies to disrupt emergency communications, there are many reasons encryption is vital. The NYPD works day-in and day-out to be transparent and build trust with the public. We are exploring whether certain media access can be facilitated, including utilizing methods that are already being used in other jurisdictions with encrypted radio systems.” Mayor Adams recently confirmed the position: "Everything we do, the foundation is public safety. As someone reported over this weekend, our GLA’s are through the roof. Bad guys are smarter than people think they are. We want to figure out a way how, not only are the everyday press, public, the citizen apps, etc. but bad guys are looking at this. They can see when we're responding to a crime, they know when it's reported. We have to make sure we find that proper balance and that's what we're going to do. So, I understand the City Council may have an opinion on this, I got it. Others may have an opinion on it. I have to make sure that bad guys don’t continue to be one up on us so that we can go after some of these very dangerous people that are in this city. A small number of people are committing a lot of violence and we have to get it right and that’s what we’re doing right now.” It appears that this may be the process as more areas of the city obtain new police radios. The concern is that access will be denied all over the city, precinct by precinct as new radios are deployed. For the past several months NYSBA, newspapers, and journalist associations have been in discussions with NYPD on this issue. We were given assurances that this system was only in the testing phase and that our concerns would be addressed. Unfortunately, the recent deployment of encrypted radios in Brooklyn and the NYPD press statement appears to cast doubt that our concerns will the addressed properly. We will keep you updated as this process moves forward. You can see a video of the NYPD press conference on this issue here.

The National Association of Broadcasters (NAB) announced the finalists for the 2023 Marconi Radio Awards in a live-streamed video. Winners will be announced on October 25 at the Marconi Radio Awards Dinner, presented by Xperi, during NAB Show New York. Of course, competition is intense from stations across the country. This year's finalists from New York are: LEGENDARY STATION OF THE YEAR WABC-AM, New York, N.Y. MAJOR MARKET PERSONALITY OF THE YEAR Boomer Esiason and Gregg Giannotti, WFAN-FM, New York, N.Y. MAJOR MARKET STATION OF THE YEAR WINS-FM, New York, N.Y. WLTW-FM, New York, N.Y. WWPR-FM, New York, N.Y. AC STATION OF THE YEAR WALK-FM, Nassau-Suffolk, N.Y. CHR STATION OF THE YEAR WHTZ-FM, New York, N.Y. CLASSIC HITS STATION OF THE YEAR WAXQ-FM, New York, N.Y. NEWS/TALK STATION OF THE YEAR WABC-AM, New York, N.Y. SPORTS STATION OF THE YEAR WFAN-FM, New York, N.Y. You can find more information about the NAB’s Radio Marconi Awards here.

The FCC’s Media Bureau announced the rules for the filing window for new LPFM stations that is to open on November 1, 2023. As part of that announcement of the rules for the preparation and processing of applications to be submitted in the filing window, the Media Bureau stated that a freeze on the filing of applications for changes in the facilities of FM translators and existing LPFM stations would go into effect on September 1, 2023. Thus, if you are planning any technical changes to any FM translator, or any change in an existing LPFM, file before midnight on August 31, 2023, to avoid processing delays. The freeze will be in effect at least until the end of the LPFM window on November 8, 2023. The freeze is meant to provide a stable database so that applicants in the LPFM window can accurately determine where there are available channels and where there are stations or applications that need to be protected from interference. The full text of the public notice announcing the processing rules for the LPFM window and details of the freeze is available here.

As you know, the FCC has been in a 2-to-2 deadlock for several years. Many weeks ago, the Senate Commerce Committee approved the nomination of Ann Gomez to serve as the third democratic Commissioner on the FCC. While efforts were made, the Senate was unable to bring her nomination to the floor for a vote before the August recess. Nonetheless, Majority Leader Sen. Chuck Schumer has filed a “cloture motion” in the Senate. This will set up Commissioner Gomez for a Senate vote on her nomination after the August recess in September. As we reported previously, the appointment of Anna Gomez will break the current deadlock. It will give the Democrats a 3-2 majority. So, we can expect to see new democratic policies enacted in the fall. Most notably, we are likely to see a move to reinstate the net neutrality regulations. However, we are unlikely to see any relaxation of the FCC ownership rules. In fact, we may see proposals that seek to tighten up the ownership regulations.

Last week the Senate Commerce Committee approved the AM Radio for Every Vehicle Act S. 1669 by voice vote. The only “no” vote was registered by Sen. Gary Peters from Michigan, still the home of the automobile industry. This is a huge step forward in enacting legislation. The bill is currently endorsed by 27 Senators including New York Senator Kristen Gillibrand. Sen. Chuck Schumer has also indicated he supports the bill. The next step will be to find time to bring the bill to the Senate floor for a vote. The earliest this could occur would be this fall. Upon passing the Senate Commerce Committee the key sponsors of the bill, Senator Ed. Markey (D MA) and Send Ted Cruz (R. TX) stated: “Today’s vote to advance the AM Radio for Every Vehicle Act sends a clear signal to carmakers,” said Senator Markey. “AM radio is an essential communication tool during emergencies, and for decades has been a source of news, entertainment, sports, and music for tens of millions of drivers. I thank Senator Cruz for his partnership as we work to cut through the noise and uphold access to AM radio as we plug into our clean energy, all-electric future.” “AM radio serves a critical function during emergencies,” said Senator Cruz. “It reliably gets important information to the public, which is why several former FEMA administrators and representatives of the emergency response community have called for AM radio to remain in vehicles. AM radio is also vital to free expression and viewpoint diversity. With low barriers to entry, it allows Americans, especially conservatives, to communicate their points of view and help free speech flourish. I am proud to have worked with Senator Markey and our colleagues on both sides of the aisle on this legislation. It will have a big impact on our constituents who make AM radio part of their daily lives.” To get the bill through the Commerce Committee, Senators Markey and Cruz agreed to some modifications. Most notably, the legislation requires the DOT, within one year, to enact a new regulation requiring all passenger vehicles to include AM receivers as standard equipment at no extra charge. Once the regulations are adopted, automakers will have 2-3 years to comply. This was done largely to deal with the time needed to retool the manufacturing process. While we would prefer a shorter compliance deadline, the bill sends a clear signal to the automakers that they must include an AM radio in their vehicles. During the interim, automobiles sold without an AM radio must have a label indicating they have no AM receiver in the vehicle. We will keep you updated on the progress of the bill. As noted in the previous story, we are also attempting to move the legislation through the House of Representatives. You can see the modified bill here.

As reported in a recent Media Post Agency Daily, the Association of National Advertisers (ANA) has released a study documenting significant problems with programmatic advertising buys. According to the article in Media Post Agency Daily: “The current programmatic media ecosystem is “rife with waste” to the tune of $13 billion and maybe as much as $20 billion according to a new study by the Association of National Advertisers. The organization issued what it called a 'first look' today of a more in-depth study that will be issued later this year. And the report lays much of the blame for inefficiencies in the programmatic arena on the advertisers that utilize it, saying that they too often put cost ahead of value and more generally fail to exercise proper stewardship over investments in the space. The report cites so-called 'made for advertising' websites which it asserts account for 15% of the current $88 billion open programmatic web market, which the study focused on and which accounts for about 17% of the digital ad market. Such websites, per the report, usually feature low-quality content including fake news and conspiracy theories. Such sites are also rife with links to spam, pop-up ads and other intrusive formats to maximize revenue.” You can access the complete article in Media Post Agency Daily here.

Last week, Senator Edward J. Markey (D-Mass.), a member of the Senate Commerce, Science, and Transportation Committee, and Senator Ted Cruz (R-Texas), ranking member of the Senate Commerce, Science, and Transportation Committee, sent a bipartisan letter to seven automakers that have either removed or plan to remove broadcast AM radio in their current and future vehicle models, including electric vehicles (EVs). Letters were sent to the following automakers: BMW Tesla Mazda Volkswagen Polestar Volvo Rivian Each letter urges the automakers to keep AM radio in their electric vehicles: “As you may be aware, Ford announced last month that it would maintain AM radio on all 2024 Ford and Lincoln vehicles. Amid the public outcry over some automakers removing AM radio from electric vehicles, Ford’s decision is a welcome, albeit incomplete, development. As the lead authors of the AM for Every Vehicle Act, we ask that you follow Ford’s lead and make a similar commitment to maintain broadcast AM radio in your company’s current and future vehicle models, including electric vehicles (EVs).” You can find more information, including links to all the letters, on Sen. Markey's webpage here.

The New York State Broadcasters Association is pleased to announce that the official list of 2023 “Excellence in Broadcasting” award winners has been released! We’d like to congratulate all the winning stations on this great achievement! All "Excellence in Broadcasting" awards will be presented to the stations at our regional luncheons across New York State in September. This year, we plan to provide a brief video/audio clip of each winner at the regional luncheons. Winning stations have been notified directly and were asked to submit additional information. We need the following by Monday, July 3rd: Send your winning entry (a one-minute recap) to Nora Kipp (nkipp@nysbroadcasters.org). All entries need to be in mp4 (H264) or Quicktime.mov format. For digital/social media awards, we will also accept photos of the winning content. Please include your station's logo (jpeg or pings) in your email. If we have not received your additional materials by next week, please be on the lookout for an email from Nora Kipp, our Communications Director, detailing what we still need from you. Registration for our awards luncheons is open so you may register for the luncheon nearest you! Information about the date and time of each luncheon is available on our website. The luncheons are provided free of charge to members in good standing. You can reserve your seat(s) at one of our awards luncheons here. You can access the new list of "Excellence in Broadcasting" award winners here.

Stations are reminded that filing the EAS ETRS Form 1 is mandatory. There may be consequences if you do not file. Even if you missed the February 28th filing deadline, you still must file with the FCC. The Public Safety Bureau just released a Public Notice Stating: “[T]he Public Safety and Homeland Security Bureau (PSHSB) encourages Emergency Alert System (EAS) Participants that have not yet submitted their Form One information into the EAS Test Reporting System (ETRS) to do so as soon as possible. EAS Participants that did not meet the February 28, 2023 filing deadline continue to be obligated to submit the required information. The ETRS remains open for late filings and for corrections or updates to existing filings.” Remember the FCC and FEMA are planning an EAS test sometime this year. Form 1 is the first filing in a three-part reporting requirement. You can see the Public Safety Bureau’s Public Notice with additional filing information here.

It is often assumed that the audience for AM/FM radio consists of listeners who access the service through traditional radios. A new analysis by Edison Research notes that consumers remain loyal to their favorite AM/FM stations while streaming. A recent article in Inside Radio summarized the research: “Listeners aged 25-54 spend more time listening to AM/FM radio streams than to ad-supported streaming audio services. That’s the latest finding in a four-part Weekly Insights series from Edison Research focusing on some lesser-known stats about broadcast radio and how the medium displays certain strengths, particularly when compared with pureplay streaming services. The term ‘AM/FM radio’ typically conjures up images of listening through a traditional radio receiver but it also includes the online streams of stations, which have a significant audience of their own. ‘When we think of radio, we have to think of it as a product, not just a device,’ Edison points out.” You can access the results of Edison Research in an article appearing in Inside Radio here.

As we go to press, the New York legislature is in the final days of the legislative session. We are working on a number of bills that are moving their way through the Senate and Assembly. One of the bills we are looking at would enact very restrictive rules on food advertising (S213B & A.4424B). We strongly opposed this legislation. The legislation is overly broad and could result in endless litigation involving legitimate advertisements for products in New York. Notably, while the legislative findings claim that the bill’s focus is on protecting children, the scope of the legislation would apply to all advertisements and not just those directed at children. Children are defined as people 18 years of age or younger. The proposed legislation is so vague it would have a chilling effect on all of New York's food product advertising. To avoid potential litigation, many food producers will simply stop advertising their products. Such a result raises significant First Amendment questions and concerns. This legislation is being debated on the New York Senate Floor today. You can see our Memo in Opposition here.

We are pleased to announce that we received 438 entries for the Excellence in Broadcasting Awards, which includes awards from the radio, television, and college divisions. This is an increase in entries from previous years. The entries are evaluated by broadcasters outside of New York State. As in past years, we will present the Excellence in Broadcasting Awards at our regional lunches in the fall. The following provides the time and location for each luncheon: Buffalo – Aloft Buffalo Downtown | Monday, September 18th Rochester – Hyatt Regency Rochester | Tuesday, September 19th Binghamton – DoubleTree Hotel | Wednesday, September 20th Syracuse – Embassy Suites by Hilton Syracuse Destiny USA | Thursday, September 21st Albany – Marriott Albany | Friday, September 22nd Long Island – Blackstone Steakhouse, Melville NY Thursday l September 28th New York City – Current: Pier 59, NYC| Friday, September 29th We will also be presenting our Serving New York Awards for stations and public service groups at these luncheons. The luncheons are free for all NYSBA members in good standing. We will be opening the registration portal for the luncheons in a few weeks!

We are pleased to report that the AM Radio in Every Vehicle Act (H.R. 3413) continues to gain support. In the U.S. House of Representatives, the legislation now has 107 cosponsors. Most recently, Congressman Anthony D’Esposito (R. Long Island) has “signed on” to the legislation. All eight members of the U.S. House of Representatives from New York are supporting the bill. As you can see, there is strong bipartisan support for keeping AM radio in the dashboard. The following members of the NY delegation have signed on to the House bill (H.R. 3413): Rep. D'Esposito, Anthony [R-NY-4] Rep. Espaillat, Adriano [D-NY-13] Rep. Langworthy, Nicholas A. [R-NY-23] Rep. Malliotakis, Nicole [R-NY-11] Rep. Meng, Grace [D-NY-6] Rep. Nadler, Jerrold [D-NY-12] Rep. Tenney, Claudia [R-NY-24] Rep. Tonko, Paul [D-NY-20] In addition, Sen. Kirsten Gillibrand has “signed on” to the bill in the Senate (S. 1669). Senate Majority Leader Chuck Schumer expressed his support for AM radio during our meeting with him in D.C. We are in contact with all members of the NY delegation on this important issue. Support for the bill is wide-ranging including support from a diverse group of organizations: National Association of Broadcasters National Association of Black Owned Broadcasters National Religious Broadcasters International Association of Fire Chiefs National Emergency Management Association International Association of Emergency Managers National Association of Counties National Urban League Multicultural Media, Telecom, and Internet Council Screen Actors Guild-American Foundation for Television and Radio Artists (SAG-AFTRA) AARP Also, CBS Sunday Morning had an excellent segment on the AM radio issue. You can see the segment here. sophospsmartbannerend

The Media Bureau announced a filing window for applications for construction permits for new low-power FM stations. The filing window will open at 12:01 am EDT on Wednesday, November 1, 2023, and close at 6:00 pm EST on November 8, 2023. The window is available for LPFM proposals in the entire FM band (channels 201-300). This will be the first LPFM filing window since 2013, and thus the Bureau encourages potential applicants to begin familiarizing themselves with the application process, including updated forms. The Bureau will provide detailed information about filing procedures by public notice in advance of the filing window. You can see the FCC’s public notice here.

A recent study by Borrell indicates that local radio stations are leading the pack when it comes to digital ad sales. As reported in Inside Radio, Borrell found the following: “Exclusive findings from Borrell Associates’ first advertiser survey of 2023 confirm that radio is crushing it in the local digital sales arena. For the first time, radio claimed the highest percentage of all local advertisers – not just those who buy radio – who purchase digital advertising from a local media company. Nearly one third (32%) of all respondents (again, not just radio buyers) said they were buying digital advertising from a radio company. Radio eclipsed all other local media channels – 26% of buyers surveyed purchased digital advertising from a newspaper company, 19% from an agency, 18% from a local TV station, and 9% from a local cable system.” You can access the article in Inside Radio here.

The New York State Broadcasters Association is pleased to announce that the official list of 2023 “Excellence in Broadcasting” award winners has been released! We’d like to congratulate all the winning stations on this great achievement! All "Excellence in Broadcasting" awards will be presented to the stations at our regional luncheons across New York State in September. The 2023 recipients (organized by format and market) are shown here! IF YOU/YOUR STATION IS SET TO RECEIVE AN AWARD, YOU MUST SUBMIT THE NEW REQUIRED MATERIALS AS SOON AS POSSIBLE. We ask that you send your winning entry (a one-minute recap) to Nora Kipp via email by Friday, June 23rd. Please include your logo (jpeg or pings) with the video clip. All entries need to be in mp4 (H264) or Quicktime.mov format. You should submit your materials to nkipp@nysbroadcasters.org.

As we previously reported, the White House has selected Anna Gomez to be its nominee for the Democratic vacancy at the FCC. Ms. Gomez is an experienced Communications policymaker having worked at the FCC, NTIA, State Department, and in private practice. She is more than qualified for the job and will likely be confirmed. On Thursday, June 22nd the Senate Commerce, Science, and Technology Committee will hold a confirmation hearing on the nomination of Ms. Gomez as well as the renomination of FCC Commissioner Brendan Carr and Commissioner Geoffrey Starks. All are expected to be approved by the Committee and ultimately the entire Senate. The confirmation of Ms. Gomez will eliminate the FCC's current deadlock. We expect the FCC will be able to move forward with its agenda. This could include a reinstatement of the “net-neutrality rules” along with a number of regulatory measures. We could see the Commission tighten up on a number of broadcast regulations, including its ownership rules. We will keep a close eye on these issues as they develop. You can access more information regarding the Senate Commerce Committee hearing here. You can see Nominee Anna Gomez’s bio here.

As we reported last week, a delegation of radio stations visited Washington DC to lobby for the "AM Radio in Every Vehicle Act." The legislation has been introduced in the House (HR. 3413) and in the Senate (S. 1669). We are happy to report that our meetings have resulted in immediate success as several members of the New York Delegation have now signed on to the legislation. We had an excellent discussion with Majority Leader Charles Schumer. During the meeting, he expressed his support for keeping AM radios in vehicles. As the Senate Majority Leader, he does not generally “sign on to bills.” Nonetheless, Leader Schumer’s support will be crucial in moving the legislation through the Senate. We had an excellent meeting with Senator Kirsten Gillibrand’s office. As a result, Senator Gillibrand is not a co-sponsor of S. 1669. THANK YOU, SENATOR GILLIBRAND! We had very positive meetings with the New York delegation members in the House of Representatives. We are happy to report that the following members signed on to the bill (H.R. 3413) right after our meetings: Rep. Adriano Espaillat (D. NYC) Rep. Grace Meng (D. NYC/Long Island) Rep. Jerry Nadler (D. NYC) Rep. Paul Tonko (D Albany) As we go to press, we have a total of seven members of the NY delegation supporting this bipartisan bill. Rep. Claudie Tenney (R. Upstate NY), Rep. Nick Langworthy (R. Western NY), and Rep. Nicole Malliotakis (R. NYC) had signed on to the bill previously. We expect other members of the New York Delegation to sign the bill shortly. Nationwide, 88 members of the House of Representatives and 17 members of the U.S. Senate have co-sponsored the legislation.

The Senate Judiciary Committee recently passed the bipartisan Journalism Competition and Preservation Act (JCPA) (S.1094) by a 14-7 vote. This is the same legislation that passed the Committee last year but did not pass the Senate. The legislation must be passed by both the Senate and House of Representatives before being sent to the President for his signature. So, there is a long way to go before this bill becomes law. The legislation addresses the unfairness in the bargaining positions between Big Tech and local news originators such as broadcasters and newspapers. It gives local stations and newspapers a limited exemption from the antitrust laws and allows them to bargain collectively with Big Tech. The legislation would: Allow journalism providers—that is, news publishers with fewer than 1,500 exclusive full-time employees and news broadcasters that engage in standard newsgathering practices—to form joint negotiation entities to collectively negotiate with a covered platform (i.e., Big Tech) over the pricing, terms, and conditions under which the covered platform’s access to digital news content. Big Tech, which are online platforms that have at least 50 million U.S.-based users or subscribers and are owned or controlled by a person that has either net annual sales or market capitalization greater than $550 billion or at least 1 billion worldwide monthly active users, must negotiate in good faith with the eligible news organizations. Enable non-broadcaster news publishers to demand final-offer arbitration if their joint negotiation with a covered platform fails to result in an agreement after six months. Create a limited safe harbor from federal and state antitrust laws for eligible digital journalism providers that allows them to participate in joint negotiations and arbitration and, as part of those negotiations, to jointly withhold their content from a covered platform. Prohibit discrimination by a joint negotiation entity or a covered platform against an eligible digital journalism provider based on its size or the views expressed in its content and provide a private right of action for violations of this prohibition. Prohibit retaliation by a covered platform against eligible digital journalism providers for participating in joint negotiations or arbitration and provide a private right of action for violations of this prohibition. Senators Amy Klobuchar (D. MN) and John Kennedy (R-LA) lead this bipartisan legislation to address dominant online platforms’ power over news organizations. Concerns over Big Techs' influence on news have increased with the development of AI. Sen Amy Klobuchar’s statement on the legislation can be seen here. You can see a video of the Senate Judiciary Committee vote on the legislation here.