Once again, we remind you that the FCC is closely monitoring your station’s public file. You must upload materials in a timely manner. In assessing the fine, the FCC noted: “The Licensee uploaded ten issues/programs lists more than one year late; three issues/programs lists between one month and one year late; and one issues/programs list more than one month late. The Licensee also filed three quarterly Children’s Television Programming Reports over one year late.” The licensee noted that the errors occurred when the station was relinquishing control of the day-to-day operations to another station as part of a channel-sharing agreement as a result of the incentive auction. The FCC rejected this argument and ordered that the television station be fined $18,000. As the licensee, the station was responsible. You can see the FCC’s decision on imposing an $18,000 fine here.

In the face of mounting political pressure, Ford has decided to keep AM radios in its 2024 models. Ford had planned to take AM radio out of its electric and traditional vehicles. In explaining the change in attitude, Ford President Jim Farly stated the following on Twitter and LinkedIn: “After speaking with policy leaders about the importance of AM broadcast radio as a part of the emergency alert system, we've decided to include it on all 2024 Ford & Lincoln vehicles. For any owners of Ford EVs without AM broadcast capability, we’ll offer a software update. Customers can currently listen to AM radio content in a variety of ways in our vehicles — including via streaming — and we will continue to innovate to deliver even better in-vehicle entertainment and emergency notification options in the future. Thanks to our product development and manufacturing teams for their quick response to make this change for our customers.” This is a huge step forward. We strongly support Ford’s decision as it shows that any concerns about interference to AM reception can be fixed. However, it does not resolve the problem. Ford’s commitment is only for the 2024 model year. Moreover, other automakers such as BMW, Tesla, Volvo, Mazda, and others still plan to take AM radios out of their electric vehicles. We still have a lot of work to do on this issue. We need to pass the AM Radio in Every Vehicle Act (H.R.3413 & S.1669). NYSBA is working with the New York Congressional Delegation to gain support for this legislation. You can see the text of the AM Radio in Every Vehicle Act (H.R. 3413) here.

NYSBA will be taking a delegation of AM radio broadcasters to Washington DC next week to lobby in favor of the “AM Radio in Every Vehicle Act” (H.R. 3413 and S. 1669). Our goal is to convince the entire NY delegation to co-sponsor the legislation. We will be meeting with Senate Majority Leader Chuck Schumer and Sen. Kirsten Gillibrand’s office. We are continuing to set up meetings but have already scheduled meetings with the following offices: Rep. Marc Molinaro, Brian Higgins, Rep. Dan Goldman, Rep. Brandon Williams, Rep. Anthony Garbarino, Rep. Jerry Nadler, Rep. Yvette Clarke, Rep. Claudia Tenney, Rep. Grace Meng, Rep. Nick Langworthy, Rep. Mike Lawler, Rep. Nick Lalota, and Rep. Pat Ryan. Additional meetings are being scheduled. Today there are 49 members of Congress supporting H.R. 3413 including Rep. Claudia Tenney, Rep. Nick Langworthy, and Rep. Nicole Malliotakis from New York. There are 11 cosponsors of the Senate Bill S.1669. We will report the results of our meetings in future editions.

As we go to press, the House Energy and Commerce Committee’s Subcommittee on Communications and Technology is holding a hearing about keeping AM radio in the automobile. There is support for AM from both sides of the aisle. Subcommittee Chairman Bob Latta and Re. Doris Matsui both expressed support for AM radio. In addition, the Republican Committee Chairwoman Cathy McMorris Rogers and Ranking Democrat Frank Pallone also vocalized their support for keeping AM radio in vehicles. The hearing included testimony from: Jerry Chapman, President, Woof Boom Radio Lt. Colonel Christopher M. DeMaise, Homeland Security Branch Commander, New Jersey State Police Scott Schmidt, Vice President, Safety Policy, Alliance for Automotive Innovation Members of Congress raised a number of issues regarding the importance of AM radio for emergency alerts. It was noted that AM radio is vitally important to FEMA’s EAS system. Many of these stations have been “hardened” to survive natural disasters. In addition, the importance of AM’s larger coverage area as compared to FM or social media services was also referenced. The limits of the wireless system were noted including the fact that these systems get overloaded during emergencies. Wireless systems do not operate when there is a power outage. The importance of “free” AM radio was mentioned not only for emergencies but also for providing news and entertainment to the American people. For the most part, Scott Schmidt of the Alliance for Automotive Innovation relied on emergency alerts through streaming. Surprisingly, he did not reveal how much it would cost the automakers to keep AM radio in vehicles. When answering questions posed by Congresswoman Debbie Dingell (D MI), Mr. Schmidt stated that he could not guarantee that all US citizens could get emergency messages today without AM radio. This is the first step in moving legislation. You can access the hearing here.

The FCC’s Enforcement Bureau issued a Notice of Violation to an AM station after an agent, on a single occasion, did not hear the station’s community of license in its station identification. The FCC’s rule 47 CFR § 73.1201(b)(1) states: “Official station identification shall consist of the station's own call letters immediately followed by the community or communities specified in its license as the station's location.” Legal top-of-the-hour station identifications must state the station’s call letters and the station’s city of license, with nothing in between (except—at the station's discretion— its frequency). The station has 20 days to explain its omission and outline steps to correct the problem. While the Enforcement Bureau did not fine the station, it reserved the right to take additional action at a later date. This is a reminder not to forget to include your community of license in your hourly station identifications. You can see the Enforcement Bureaus Notice here.

We have been very busy this past month as the New York legislative session came to a close. We have been involved in a number of bills that could have had a negative impact on local stations. Here are just a few of the bills we were lobbying for: Non-Compete Prohibition (S.3100-A / A.1278-B): This bill passed the Senate but not the Assembly. It prohibits non-compete agreements and certain restrictive covenants and authorizes covered individuals to bring a civil action against employers that violate such prohibitions. Broadcasters have been subject to a ban on non-compete clauses under NY Labor Law Section 202K since 2008. While we did not support this legislation, we believe broadcasters should be treated equally under the law. We included language in the legislation to accomplish this task. However, the legislation did not pass, and the issue is moot. Anti-Trust (S.6748): Once again, this bill passed the Senate, but not the Assembly. This bill authorizes a class action lawsuit in the state anti-trust laws and prohibits non-compete clauses in certain situations. We strongly opposed this bill as it would undermine many existing broadcast contracts, such as exclusive licensing. It could also upend existing ownership combinations. Data Privacy (S.365-B / A.7423-A): Multiple data privacy bills were introduced during the Legislative Session. Senate bill S.365-B passed the Senate, whereas a similar Assembly bill (A.7423) did not pass the Assembly. No data privacy bill was passed by both houses. We had significant concerns about this legislation as it would negatively impact a broadcaster’s ability to conduct digital advertising and business. This legislation will be back next year. Food Advertising: As we noted last week, the legislation (S213B & A.4424B) would enact very restrictive rules on food advertising. We strongly opposed this legislation. The legislation was overly broad and could result in endless litigation involving legitimate advertisements for products in New York. While the legislation passed the Senate, we were able to block it in the Assembly. The Association of National Advertisers and the Association of Advertising Agencies joined our efforts to block this bill. However, this bill is likely to come back next session.

We are in DC this week meeting with members of Congress to support the “AM Receiver in Every Vehicle Act” (H.R. 3414 & S. 1669). Our message is simple: AM radio is an essential component of the Emergency Alert Service. It also reaches more than 82 million Americans each month, providing various news, sports, and entertainment. Our meetings take place on Tuesday, June 13, and Wednesday, June 14th. We want to thank the following broadcaster who traveled to Washington to help make a case for AM radio: Chris Oliviero, Market President of Audacy Radio, New York City Vincent DiMarco, Market Manager at ESPN, New York City Mary Papuyo, Digital Sales Manager and Sports Director at Salem Media, New York City Chad Lopez, President of WABC 770 AM, New York City Alan Bishop, Owner of Finger Lakes Radio and Chadwick Bay Broadcasting (NYSBA Chairman), Geneva Ed Levine, CEO of Galaxy Media Partners, Syracuse Nicole Todd, Content Operations Manager at Townsquare Media, Utica Chuck Benfer, COO at Pamal Broadcasting, Albany We also want to thank Jessica Marventano, Sara Morris, and Dan Dukes from iHeart Media’s Washington DC office for helping us out with our meetings. We are meeting with Senate Majority Leader Chuck Schumer and Sen. Kirsten Gillibrand’s office. We are continuing to set up meetings but have already scheduled meetings with the following offices: Rep. Marc Molinaro, Brian Higgins, Rep. Dan Goldman, Rep. Brandon Williams, Rep. Anthony Garbarino, Rep. Jerry Nadler, Rep. Yvette Clarke, Rep. Paul Tonko, Rep. Claudia Tenney, Rep. Grace Meng, Rep. Nick Langworthy, Rep. Mike Lawler, Rep. Nick Lalota, and Rep. Pat Ryan. Support for legislation is increasing. There are 69 members of Congress supporting H.R. 3413 as of today, including Rep. Claudia Tenney, Rep. Nick Langworthy, and Rep. Nicole Malliotakis from New York. There are 13 co-sponsors on the Senate Bill S.1669. We urge stations to reach out to your audience to gain support for this legislation. NAB has prepared a tool kit for stations, which includes PSAs. The tool kit also has a hot link so your listeners can contact their local members of Congress directly. You can access the tool kit here.

The AM Radio in Every Vehicle bill (HR 3413) is gaining support in the House of Representatives. The legislation requires automakers to include AM radio as part of an auto’s standard equipment. The bipartisan legislation was introduced on May 17 by Rep. Josh Gottheimer, (D-NJ-5); Rep, Thomas Kean (R. NJ-7); Rep. Robert Menendez (D. NJ 8); Rep Bruce Westerman (R. AR-4) and Rep. Marie Gluesenkamp Perez (D WA 3). As we go to press, the legislation has obtained 36 co-sponsors. We are pleased to report that several New York members of Congress have already signed on to the legislation. Rep. Claudia Tenney (R. NY 24), Rep Nicole Maliotakis (R. NY 11); and Rep. Nicholas Langworthy (R. NY 23) have already signed on as co-sponsors. Importantly this legislation will be reviewed by three Congressional Committees: House Energy and Commerce Committee, House Transportation and Infrastructure, and the House Homeland Security Committee. The bill has a long way to go. The House Energy and Commerce Committee has already scheduled a Hearing on the Issue for early June. If your station is in Rep. Tenney’s, Rep Langworth’s, or Rep. Maliotakis’ district, you should send them a quick note thanking them for their support. We urge all stations to reach out to their local members of Congress to support this legislation. NAB has prepared a tool kit with PSAs to support keeping AM radio in automobiles. NYSBA has already contacted the entire NY delegation and will go to DC to lobby on the issue. You can access NAB’s tool kit on AM Radio here. You can access the Every Vehicle bill (H.R. 3413) here.

Last week’s webinar featuring Xperi’s Senior Director of Broadcast Strategy and Development, Juan Galdamez, has been archived. The webinar provided excellent insight into how radio can remain competitive and relevant while the Connected Car continues to evolve. Understanding the future of the connected car is important as radio fights to maintain its place on the dashboard. You can access this valuable webinar from Xperi here.

The Television Bureau of Advertising (TVB) recently released its 2023 Media Comparisons study, which was conducted by GfK. The study examined the multi-media effectiveness of traditional, digital, and streaming services. The analysis also focuses on demographic information and what motivates consumers to learn more about a product or service. According to TVB: “The 2023 Media Comparisons Study once again confirms the power of television and continues to highlight broadcast TV as the top medium for consumers. Some key findings TV has the highest reach and time spent of all media platforms studied, for all age groups and categories measured. If streaming platforms have no advertising, advertisers cannot reach these viewers via streaming, but broadcast assets can reach most of them. Broadcast websites add more reach to broadcast TV than cable or streaming. More than four times as many respondents viewed programs with ads on linear TV on a larger screen (TV set) than on their smartphone. Local broadcast TV is turned to most for local news and is the most trusted platform. TV is the top advertising medium for purchase influence and motivating respondents to learn more about products. Television ads are motivation to do further research online.” You can access a summary of the TVB study here. You can access an analysis of the study in TVNewscheck here.

It is being reported that the withdrawal of controversial FCC nominee Gigi Sohn has opened the door for FCC veteran Anna Gomez to serve on the Commission. Gomez is an experienced communications policy expert, having served in various government capacities. She is a serious policymaker. Recently, Gomez joined the U.S. Department of State’s Bureau of Cyberspace and Digital Policy to lead U.S. preparations for the International Telecommunication Union World Radiocommunication Conference 2023 (WRC-23). She also serves as a Senior Advisor for International Information and Communications Policy. This is a major undertaking as the WRC oversees international radio spectrum use and allocations. Immediately prior to joining the Department of State, Ms. Gomez was a partner in the prestigious Wiley Law firm in Washington DC. From 2009 to 2013, she served as the Deputy Administrator for the National Telecommunications and Information Administration (NTIA). NTIA is housed in the Department of Commerce and represents the White House on communications policy matters. Most importantly, she worked for over a decade at the Federal Communications Commission. Her nomination confirmation would break the current 2/2 deadlock at the FCC and allow the Commission to move forward with its policy agenda. If approved, Gomez would be the first Latina Commissioner since 2001. She is an experienced, knowledgeable, and qualified candidate. You can find her State Department bio here.

We reported previously that Sen. Ed Markey (D MA) sent letters to all of the major automobile manufacturers asking them about their plans to take AM radios out of their vehicles. He learned that a number of auto manufacturers, such as BMW, Volvo, Mazda, and Tesla have removed or are planning to remove AM radios from their electric vehicles. Ford will take AM out of all its cars beginning in 2024. Such a move would have a devastating impact on the 161 AM stations in New York. It would undermine the Emergency Alert Service (EAS) in the state. It would strand the 82 million listeners in this country that rely on AM radio. Last Wednesday, bills were introduced in the House (H.R.3413) and the (Senate S.1669), both of which seek to keep AM radio receivers in all automobiles. The AM for Every Vehicle Act 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 would require: 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. The legislation requires automobiles sold without AM radios before the rules go into effect to contain a label 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. The legislation has strong bipartisan support. For example, liberal Senator Ed Markey (D MA) and conservative Senator Ted Cruz (R TX) both support the legislation. Democrat Senators Tammy Baldwin (WI), Bob Menendez (NJ), and Ben Ray Lujan (NM) have also joined Republican Senators J.D. Vance (OH), Roger Wicker (MS), and Deb Fisher (NE) in supporting the bill. Bipartisan support can also be seen in the House of Representatives. Republican Representatives Josh Gottheimer (NJ-05), Tom Kean Jr. (NJ-07), and Bruce Westerman (AR-04) support the bill along with Democrats Marie Gluesenkamp Perez (WA-03) and Rob Menendez (NJ-08). This is a huge step forward. Frankly, it is rare to see such bipartisan support for any issue. NYSBA will be going to Washington DC to urge all New York Congressional delegation members to support this important legislation. We will keep you updated! You can see Sen. Markey’s press release describing the bill here. You can see the text of the legislation here. You can access WABC's news interview with David Donovan here.

During the COVID-19 pandemic, a number of advertisers were facing a dire economic situation. Many stations were offering their clients free advertising. At the time, the FCC ruled that such free advertising would not be counted when calculating a station’s lowest unit rate. This policy helped stimulate economic activity during the pandemic. The FCC found that stations: "[W]ould be permitted to exclude free time that they provide to commercial advertisers when calculating lowest unit charge (LUC), provided the free time is not associated with an existing commercial contract for paid time or otherwise considered bonus spots." Now that the pandemic is over, free time given to commercial candidates will affect your Lowest Unit Charge calculations as of May 15, 2023. The FCC stated: "After more than three years, the unprecedented circumstances that necessitated the 2020 Public Notice are no longer present. Therefore, effective immediately, the temporary relief provided in the 2020 Public Notice is rescinded. Going forward, broadcasters and other regulatees that are subject to section 315(b) of the Act should include free time that they provide to commercial advertisers when calculating their LUC." You can see the FCC’s public notice ending the COVID-era policy here.

Click the below links for archived webinars: Media Staffing Network Sales Management - Click here New York Broadcast License Renewal - Click here (passcode: 734ZSp*N) FCC Political Rules - Updated webinar on FCC Political Rules - Click here EEO Compliance - Updated webinar on EEO compliance - Click here Political File Webinar - Click here

Once again, we will be hosting live sales training in upstate markets this fall. This year’s live training will feature Speed Marriott, Co-founder of P1 Sales Systems LLC. P1 Learning is an online on-demand eLearning-based platform for the media industry. Its goal is to make media-based companies more profitable by improving sales execution, training and retaining employees, developing leaders, and becoming the benchmark for success in each of your markets. P1 Learning currently works with over 1,200 Radio and Television subscribers in the U.S. and Canada. It most recently launched the 10-Minute Trainer Network, which is now offered to NYSMA members as a new service. Speed’s seminar is titled: "The Ultimate Guide to Multi-Generational Sales & Marketing."In these sessions, he will take a deep dive into the minds of tomorrow, including Baby Boomers, Gen X, the Millennials, and Gen Z, all while providing a sneak peek at Gen Alpha. He will discuss the various dynamics that will affect our future customers and co-workers. Whether your seller or manager, you won’t want to miss this session! The two-hour training session will be held in Buffalo, Rochester, Binghamton, Syracuse, and Albany from 10 AM to 12 noon at the following locations: September 18, 2023 – Buffalo | Aloft Buffalo Downtown | 500 Pearl St, Buffalo, NY 14202 September 19, 2023 – Rochester | Hyatt Regency Rochester | 125 E Main St, Rochester, NY 14604 September 20, 2023 – Binghamton | DoubleTree Hotel | 225 Water St, Binghamton, NY 13901 September 21, 2023 – Syracuse | Embassy Suites | 311 Hiawatha Blvd W, Syracuse, NY 13204 September 22, 2023 – Albany | Marriott Albany | 189 Wolf Road, Albany, NY 12205-1100 You can register for the training sessions here. You can find more information about the Ten Minute Trainer Network here. You can find more information about P 1 Learning here.

An article in Inside Radio reported on the results of the latest Edison Research’s “Share of the Ear Study." While the overwhelming majority of listeners use traditional radio, the number of folks listening via streaming is increasing, especially among young listeners. The Article stated: “According to the third-quarter 2022 findings from Edison Research's ongoing “Share of Ear” study, 12% of listening to broadcast radio in the U.S. among persons 13+ now takes place online while 88% is done using a traditional AM/FM receiver. However the online portion jumps to 20% among persons 25-54. Men are clearly driving this growth, with their streaming share going from 9% in 2016 to 28% in 2022, vs. 6% to 10% among women 25-54. In just the past year, men 25-54's streaming share jumped from 18% to 28%, while women's share has stayed steady since 2020.” You can see the complete article in Inside Radio here.

Last week, the House Energy and Commerce Committee announced that it will hold hearings on automakers' plans to exclude AM radio from the dashboard. Taking AM radio out of automobiles has drawn bipartisan criticism. In announcing the hearing, a number of Committee members expressed their concern. According to the Energy & Commerce Committee: "Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Ranking Member Frank Pallone, Jr. (D-NJ), Communications and Technology Subcommittee Chair Bob Latta (R-OH), and Subcommittee Ranking Member Doris Matsui (D-CA) today announced plans to hold a Committee hearing in early June on the importance of AM radio installation in new cars." Rodgers, Pallone, Latta, and Matsui released the following statements: “Communities across the country rely on AM radio services for local news, weather reports, and other critical information. It is also a key tool for our nation's emergency communications infrastructure, especially when other communication services are not available. I look forward to this timely discussion on the many benefits of AM radio as a source of information and the importance of ensuring it continues to be available in new vehicle models.” — Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) “It’s alarming that some auto manufacturers are considering opting out of installing AM radios in new cars. AM radio plays an essential role in our communities, especially during public emergencies when other alert systems that rely on the electric grid and cellphone networks may not work. I’m looking forward to the Energy and Commerce Committee holding a hearing on this important matter next month. Corporate penny pinching is not a justification to undermine one of our nation’s most reliable public emergency communication networks, and requiring consumers to pay more money for a subscription service to receive AM radio is not an acceptable alternative.” — Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) “AM radio capabilities are essential for Americans across the country, but especially for those who live in rural communities, like many in Ohio’s Fifth Congressional District, where other forms of connectivity may not be reliable. Whether listeners tune in to listen to updates during times of emergencies, the home team’s game, agricultural information, or for other reasons, it is concerning vehicle companies are taking steps to remove these stations from their electric cars. Earlier this month, I lead a letter with my colleague from Indiana, Rep. Greg Pence, to ask auto manufacturers for a status update on the use of AM radio and their plans to remove AM radio receivers from their vehicles. I look forward to receiving their responses by the end of the week. In the meantime, it is my hope that announcing this educational hearing will show the important role AM radio stations have played for decades.” — Communications and Technology Subcommittee Chair Bob Latta (R-OH) “AM radio provides Americans a crucial public service. In the face of a life-threatening disaster, Americans need to be able to rely on emergency communications to get them the information they need. AM radio has proven again and again to be that reliable tool. Whether during wildfire season or severe winter storms, in California we understand just how vital AM radio is to ensure Americans get emergency information when it matters most. I look forward to holding a hearing on this important topic.” — Communications and Technology Subcommittee Ranking Member Doris Matsui (D-CA) You can see the complete press release from the Energy and Commerce Committee here.

Most analysts have predicted an uptick in television advertising during the second half of 2023. However, at least one analyst from MoffettNatheson has indicated that the downward trend may continue. A recent article in Broadcasting and Cable reported: “While television executives optimistically expect advertising revenue to rebound in the second half of the year, MoffettNathanson senior research analyst Michael Nathanson, looking at the economic outlook and the scatter market, is questioning the industry’s conventional wisdom and popping its balloons. Instead of a rebound, Nathanson sees the industry facing a tough upfront and, in a new research note forecasts that 2023 TV advertising spending will be down 5% to $78.7 billion, compared to his earlier forecast of a 3.3% decline. That includes a 22.5% increase in ad-supported video-on-demand (AVOD) revenue to $11.4 billion. (His earlier forecast had AVOD growing 27%.)” You can see the complete story in Broadcasting and Cable here.

BIA is now issuing a monthly economic report. This report helps sift through the often conflicting reporting regarding the state of our economy. In its first edition of the report, BIA noted: “Are we in a Recession? Are we headed for a recession? Did we just blink and miss one? Most importantly, does it even matter? All questions we address in this first issue of Economic Pulse, a new monthly blog I’ll be authoring to help sort out our complicated economy and its impact on the local advertising marketplace. Let’s dive in! On January 23rd, 2023, The Conference Board announced their Leading Economic Index decreased by 1% in December. The LEI is now down 4.2% over the last six months which is a continuation of recent signals that the US economy is headed for, or already in, a recession. Indications are that overall economic activity is likely to be negative in the near term, gaining steam later in 2023.” You can find BIA’s Monthly Economic Pulse Report here.

A number of electric car manufacturers including BMW, Volkswagen, Mazda, and Tesla are taking AM radio receivers out of their electric vehicles. Ford will be taking AM receivers out of all its vehicles. We are going to fight for AM radio. Nationwide, more than 82 million people tune into AM radio each week. There are more than 161 AM stations in New York State. We are not alone in this fight. We are beginning to see a bipartisan coalition forming on this issue. The following organizations have sent letters to Congress supporting AM: National Association of Farm Broadcasting - click here to read National Association of Black Owned Broadcasters - click here to read Former FEMA Executives - click here to read Recently, Rep. Mike Gallagher (R. MI) and Josh Gottheimer (R. NJ) sent a letter to FEMA asking what would happen if AM was removed from automobiles. You can see the letter here. This is just the beginning, there will be much more to come. NAB has set up a website on this issue. The website includes a direct email connection so you can send members of Congress an email asking them to keep AM radio in automobiles. You can access the NAB website on the issue here. NYSBA, the NAB, and other state broadcast associations will keep fighting to keep AM in automobiles.