In an effort to enhance the technical and engineering aspects of broadcasting, the Board of Directors has authorized NYSBA to subsidize the cost of member station employees that want to take certification courses offered by the Society of Broadcast Engineers (SBE). This member benefit is open to station employees that receive a W-2 from the station. It does not apply to engineers that are hired by stations as independent contractors. SBE offers a number of certification courses including: CBT – Certified Broadcast Technologist CBNT – Certified Broadcast Networking Technologist CEA – Certified Audio Engineer CEV – Certified Video Engineer CBRE – Certified Broadcast Radio Engineer CBTE – Certified Broadcast Television Engineer CBNE – Certified Broadcast Networking Engineer CSRE – Certified Senior Radio Engineer CSTE – Certified Senior Television Engineer CPBE – Certified Professional Broadcast Engineer 8-VSB – 8-VSB Specialist AMD – AM Directional Specialist ATSC3 – ATSC 3 Specialist DRB – Digital Radio Broadcast Specialist CTO – Certified Television Operator’s Handbook CRO – Radio Operator’s Certification Handbook It also offers training in several engineering programs such as the Bates Technical College, Cleveland Institute of Electronics, and the Georgia Piedmont Technical College. Please note the college programs are limited to one person per company. For more information about the SBE certification courses click here. To participate, please contact Nora Kipp at nkipp@nysbroadcasters.org.

How listeners consume content in the vehicle is evolving rapidly! Hear it straight from leading industry expert Juan Galdamez, Senior Director of Broadcast Strategy & Development for Xperi. The user experience is the focus for Automakers and the opportunity for radio. The great news… Radio is still the #1 source of entertainment inside the vehicle! Remaining competitive and relevant is the biggest question for local radio. Join us as we walk through how the Connected Car is evolving and discuss the opportunities for radio and how technology is changing the listener experience in the vehicle. Bring your questions! This webinar is offered free of charge to NYSBA Members in good standing. You must register for the webinar in advance! You can register here.

The FCC’s Enforcement Bureau has revoked the license of an FM station. The revocation follows an Order by Administrative Law Judge Jane Hinckley Halprin (ALJ) terminating a hearing into the qualifications of the license failing to respond to discovery requests and failing to comply with other procedural obligations. The Enforcement Bureau found that the licensee lacks the qualifications to remain a Commission licensee. The record in the proceeding—particularly 2020 convictions for a felony and four misdemeanors, and the facts underlying those convictions—establishes that the licensee lacks the requisite character to be a Commission licensee. In looking at the criminal activity, the FCC noted: “...[C]onviction for criminal use of a communication facility, a third-degree felony, by itself merits revocation of his license. Any felony conviction casts doubt on an applicant’s or licensee’s character. The propensity to comply with the law generally is relevant to character qualifications, and an applicant or licensee’s willingness to violate other laws, and, in particular, to commit felonies, is indicative of whether the applicant or licensee will conform to the Commission’s rules or policies. This conviction, which concerned acts intended to harm—and causing actual harm to—an individual, disqualifies (the licensee) ... on the basis of character defect. [The] ... four misdemeanor convictions form an independent basis for revoking his license. The Commission has the discretion to consider serious misdemeanor convictions in appropriate cases, and this is such a case. [The licensee]... pleaded guilty to an array of misdemeanor criminal offenses (identity theft, unlawful dissemination of an intimate image, recklessly endangering another person, and tampering with evidence) based on misconduct involving multiple actions over a period of time designed to harm his victim. [The licensee]... then sought to evade responsibility for those actions. We find that these misdemeanor convictions directly implicate his character qualifications.” While the facts of this case are egregious, it is worth noting that criminal convictions in a non-broadcast context may place your license at risk. Under the FCC’s Character Policy statement, such convictions may serve as evidence that the licensee will not follow FCC rules. You can see the full decision here.

For a number of years, local stations have expressed concern that video streaming services carrying broadcast TV signals should be regulated as cable systems (MVPDs). As such they should be subject to must-carry and retransmission consent requirements. This issue has been the subject of open proceedings at the FCC since 2014. Earlier this year, Sen. Chuck Grassley (R IA) wrote a letter to the FCC asking the Commission to take action in this proceeding. Unfortunately, in her response, Chairwoman Rosenworcel indicated that she does not believe the FCC has jurisdiction to apply the retransmission consent and must carry rules to virtual MVPDs. In her letter, she stated: "As reflected in the record, online video programming distributors do not neatly fit in these statutory definitions because they lack a physical connection to subscribers and do not use any electromagnetic frequencies when delivering programming to their viewers. As you know, the Commission lacks the power to change these unambiguous provisions on its own but can do so if Congress changes the underlying law." The letter also indicated that this could require a change in the copyright laws. The bottom line, it does not look like the FCC will be moving to extend these rules to virtual MVPDs anytime soon. You can see a copy of Chairwoman Rosenworcel’s letter here.

The COVID pandemic has resulted in a significant decline in advertising revenues for many stations. While getting better, revenue streams remain low. To help stations come back, the Board of Directors has directed NYSBA to begin subsidizing the costs of ABIP inspections for stations that are members in good standing. Eligible stations must be: 1) current with their NYSBA dues and 2) broadcasting spots daily as part of our Public Outreach Partnership Program, formerly called our Non-Commercial Sustaining Announcement Program (NCSA). Non-member costs will remain the same. Remember radio renewal applications are due February 1, 2022, for a renewal date of June 1, 2022. Television renewal applications are due February 1, 2023, for a renewal date of June 1, 2023. Click here for more information. Questions should be directed to Carolyn Nash at cnash@nysbroadcasters.org.

The FCC has changed its website portal for filing interference complaints, including pirate radio complaints. The Commission has established two separate portals. One portal is for “licensees” and the other portal is for “consumers.” Licensee Complaints: If your station has an interference complaint, you must file that complaint on the new ESIX Portal. This includes all types of interference, including interference from pirate radio operations. Here are the steps… Step 1: Go to the FCC’s main webpage here. About halfway down the page, you will see a box entitled "Access Now." In that box, you will see PSIX-ESIX. PSIX stands for Public Safety Interference and ESIX stands for Enterprise Interference. Step 2: Click on the PSIX-ESIX link. Step 3: You will see three boxes on this page. Click the box entitled Enterprise Interference. Step 4: Answer all the questions on the Enterprise Interference Complaint Form. Please note that you will need your FCC FRN NUMBER. These complaints will go directly to the FCC’s Enforcement Bureau and will be given priority. Importantly you need to indicate that you are receiving interference. Remember if you are receiving interference from pirate stations, that is also interfering with your EAS messages. You should indicate this on the complaint form. Consumer Complaints: Consumer complaints go to the FCC’s Consumer Division and do not go directly to the FCC’s Enforcement Bureau. (Because they are not licensees they cannot use the ESIX portal described above.) Nonetheless, the Enforcement Bureau will monitor these complaints on a regular basis. Thus, if you are receiving interference complaints from viewers and listeners, direct them to the CONSUMER COMPLAINT web portal. This would include pirate radio interference complaints. Here is the process… Step 1: Go to the FCC’s main webpage here. Step 2: On the right-hand side of the page, click on the box that says "File a Consumer Complaint." Step 3: You will see several boxes. For pirate radio complaints, click on the box with the picture of the radio microphone. Step 4: Fill in all the information. Importantly, you will see a box entitled “Radio Issues” with a drop-down feature. Click on the arrow until it displays “Pirate/Unauthorized” Operation. Also, consumers may upload additional information, such as where they hear the pirate station. Since the ESIX (interference complaint) will go directly to the Enforcement Bureau, we hope this will expedite the complaint process. However, it does appear to be more complex. Separating the consumer complaints from the licensee complaints seems to complicate matters. We will keep a close watch on this new process.

The Governor, Assembly, and Senate are close to hammering out a deal for this year’s budget. A key issue in this budget is to raise revenue to fund mass transit in the New York City area. The MTA faces a $600 million budget gap that will grow to an estimated $3 billion in 2025 because federal aid will phase out. Ridership remains low at about 60% pre-pandemic levels. The Governor proposed to fund the MTA by instituting a payroll tax on businesses located in the New York City MTA region. This plan was opposed in the Assembly. Instead of instituting a payroll tax in NYC, the Assembly proposes to extend the sales tax to digital streaming services purchased by consumers throughout the state. Importantly, this is not a tax on advertising. Rather, it is intended to be a tax on consumers for the retail purchase of digital and streaming products. Simply stated, it would apply the New York Sales tax to services like Netflix, Peacock, or Paramount+. It would also apply to subscription-based radio services. NYSBA has concerns with this approach. The legislation exempts cable and satellite services. Similarly, we believe digital services provided by local radio and TV stations should also be exempt. While most broadcast services are provided for free, new digital services such as those that may be provided by Next Gen TV should be exempt. Revenue from these services will help fund free services that are provided by local stations. Moreover, we are concerned that extending the sales tax will set a precedent for extending the tax to advertising. The Assembly’s proposal is not included in the Governor’s or Senate’s budget proposal. It may not pass. Nonetheless, New York needs to find revenue to fund the MTA. This issue will be resolved when the budget is negotiated over the next few weeks. You can see NYSBA’s opposition to extending the sales tax here.

To help with the rollout of Next Gen TV, a number of U.S. Senators have sent a letter to FCC Chairwoman Jessica Rosenworcel asking the FCC to take a stronger leadership role in Next Gen TV. The letter stated in part: "The Federal Communications Commission (FCC) should take an active role in expediting the continued rollout of the Next Generation Television standard, or ATSC 3.0. The Next Gen TV standard is essential to the continued vitality and competitiveness of local television. broadcasters’ free, local, and trusted service in our communities. This pro-consumer, innovative technology will allow local stations to better serve their viewers with improved pictures and sound, interactive features, including expanded local news, advanced emergency alerting, and the ability to deliver to viewers the content that is most relevant to them, when they want it, where they want it." You can see the full letter here.

NYSBA opposes recent decisions by several automobile manufacturers to eliminate AM receivers from electric vehicles. To assist us in these efforts, we sent out a survey to all radio general managers in the stations requesting information about their AM stations. As we move forward, NYSBA would like to obtain more information about the AM stations in New York. If you have an AM station and have not done so already, please complete this very brief survey. Kindly fill out one survey for each AM station that you own in NY or that is in your cluster. THE DEADLINE IS APRIL 14TH. Data will be reported in the aggregate and no information will be attributed to individual stations. The contact information is for follow-up purposes and will not be included in any final report without your permission. This is part of a larger, combined effort by state broadcast associations and the NAB to address this important issue. Our goal is to use this data and other information to educate policymakers about the need to keep AM radio in EV dashboards. This is the first step in the process. We will be in touch with you regarding specific action steps!

A special "THANK YOU" to New York Congressman Nick Langworthy (R. NY 23) for signing on to the Local Radio Freedom Act H. Con. Res. 13. This congressional resolution supports local radio stations by opposing the imposition of a performance fee on radio stations. Imposing a performance fee on local over-the-air radio will siphon much-needed revenues from stations in communities across New York. It will have a negative impact on employment and undermine the financial ability of stations to serve their communities. The Local Radio Freedom Act already has 171 co-sponsors in this session of Congress. This includes Rep. Elise Stefanik (R. NY 21), Rep. Claudia Tenney (R. NY 24), and Rep. Gregor Meeks (D NY 5), who cosponsored the bill earlier in the year. This was a key issue during our recent visit to Washington D.C. We are in the process of following up with other offices. Once Again, THANK YOU CONGRESSMAN LANGWORTHY.

There will be significant activity in the House Judiciary Committee this week. This Committee is Chaired by Rep. Gerry Nadler (D NY). Several Key Broadcast Bills are scheduled to be on the agenda. American Music Fairness Act - H.R. 4130: This legislation would impose a performance fee on over-the-air radio broadcasts. Under current law, local stations pay significant copyright fees to BMA, ASCAP, SESAC, and GMS. These payments go to the songwriters, not the performers. The American Music Fairness Act would add an additional copyright fee that would be paid to the performers. NYSBA strongly opposes this legislation and has made our concerns known to the New York Congressional Delegation. At the present time, there are only 33 co-sponsors for this bill. Compare this to the Local Radio Freedom Act, which has 229 members of the House on the record opposing the imposition of performance fees on radio stations. While it is unlikely this bill will pass as a standalone bill, Chairman Nadler wants to push this legislation forward. Remember Chairman Nadler’s district includes a number of Broadway performers, and he has long supported this legislation. Journalism Competition and Preservation Act (JCPA) - HR 1735: As noted in the previous article above, this legislation creates an exemption to the antitrust laws which will allow local stations and newspapers to negotiate collectively with “Big Tech” to use their content. The legislation currently has 67 co-sponsors. We understand that the Senate has included the JCPA in the National Defense Authorization Act, which is “must-pass legislation.” This increases the probability that the legislation will pass this year. We strongly support this legislation. Fortunately, House Judiciary Committee Chairman Jerry Nadler supports this legislation. Again, the goal is to move the legislation through committee and attach it to a larger “must pass” bill. NYSBA is communicating with members of the Judiciary Committee to 1) Oppose the so-called American Music Fairness Act and 2) Support the Journalism Competition and Preservation Act.

On January 5, 2023, President Biden signed the Low Power Protection Act (LPAA) into law. The Act requires the FCC to open up a window for LPTV stations to apply for Class A status. Obtaining Class A status will protect these LPTV stations from being dislocated as a result of changes in full power station coverage areas. In effect, it gives these LPTV stations primary status similar to full power stations in spectrum coverage disputes. The FCC has issued a Notice of Proposed Rulemaking to implement the LPAA. While this is not a final rule, it signals where the FCC is heading with its regulations. Under the proposed rules, LPTV stations must meet the following criteria to be eligible for Class A status: During the 90-day period preceding the date of enactment of the LPPA (i.e., between October 7, 2022, and January 5, 2023), the station satisfied the same requirements applicable to stations that qualified for Class A status under the CBPA, “including the requirements…with respect to locally produced programming;” (i.e., the station operated a minimum of 18 hours per day, aired an average of 3 hours per week of locally-produced programming, and was otherwise in compliance with the LPTV rules) The station satisfies the requirements of 47 CFR § 73.6001(b)-(d) or any successor regulation. The station demonstrates that it will not cause any interference as described in the CBPA; During that same 90-day period, the station complied with the Commission’s requirements for LPTV stations; and As of January 5, 2023, the station operated in a Designated Market Area with not more than 95,000 television households. In addition, the LPPA requires that a station accorded Class A status must (1) be subject to the same license terms and renewal standards as a license for a full-power television broadcast station (except as otherwise expressly provided in the LPPA) and (2) remain in compliance with paragraph (c)(2)(B) of the statute during the term of the license. Again, this is just a proposed Rule. Not every LPTV station will qualify for Class A status. You can access the FCC’s Notice of Proposed Rulemaking here.

Last year, NYSBA supported the Local Journalism Sustainability Act, which was a national effort to obtain a payroll tax credit for broadcast journalists. This campaign was supported by the National Association of Broadcasters and the News Media Alliance (news publishers). Unfortunately, the legislation failed to pass Congress last session and prospects look dim for passage this year. NYSBA and the New York News Publishers Association have introduced legislation in New York seeking to create a payroll tax credit under New York tax law hiring journalists. The legislation (S.625A) was introduced in the New State Senate by Sen. Brad Hoylman and in the Assembly (A. 2958A) by Assemblywoman Carrie Woerner and Assemblyman Nadar Sayegh. Similar to last year’s bills, the New York legislation would provide a payroll tax credit of up to $50,000 for each journalist hired by a local station or newspaper. The tax credit would remain in place for five years. We have been pushing to include this tax credit in the Governor’s budget. While this is a long shot at this point, we will continue to push this legislation. You can see a copy of the text of the legislation here. NYSBA’s memo in support of the legislation can be seen here.

The FCC is serious about stations paying regulatory fees. It has initiated a regulatory proceeding against a station in North Carolina for “failure to pay delinquent regulatory fees and associated interest, administrative costs and penalties.” The revocation proceeding comes after failing to pay for years. According to the FCC: “The Commission’s records show that Licensee currently has unpaid regulatory fee debt of $1,292.84 for FY 2010; $1,211.93 for FY 2012; $967.29 for FY 2013; $1,845.95 for FY 2014; $2,523.16 for FY 2015; $2,587.68 for FY 2016; $2,052.43 for FY 2018; $2,076.50 for FY 2020; $2,059.41 for FY 2021; and $2,150.00 for FY 2022. Additional charges will continue to accrue on these debts until they are paid in full.” While this is an extreme case, the FCC will increase fines and penalties for late payments. When the required payment is received late or is incomplete, the Commission must assess a penalty equal to “25 percent of the amount of the fee which was not paid in a timely manner.” You can see the FCC’s decision here.

NYSBA and other state broadcasting associations continue to seek a legislative solution that will allow stations to accept cannabis advertising under federal law. This may come down to the last day of the session. We have pursued two tracks. Safe Advertising Legislation: There was little need to focus on the House because it already passed broad legislation legalizing cannabis. The Senate is more complex. As we go to press, Senate Majority Leader Chuck Schumer is in the process of negotiating a compromise cannabis bill. This legislation does not completely decriminalize cannabis on a federal level. It is narrower and addresses specific issues. Leader Schumer wants to help us change the law to allow us to accept cannabis advertising consistent with state law. This will not be easy. It is possible the Senate will pass a very narrow bill that focuses solely on banking. We are working with other state broadcast associations to gain support from Republican Senators in other states. Stay tuned for updates. Appropriations: We are also working on appropriations language that will prevent the FCC from penalizing stations for accepting cannabis advertising. This language passed the House, but it will be tough sledding in the Senate as there is Republican opposition. More to follow soon.

The status of another important bill, the Journalism Competition and Preservation Act (JCPA), remains uncertain. The JCPA (S.673) creates an exemption from the antitrust laws, allowing local stations and newspapers to bargain collectively with “Big Tech.” Today, “Big Tech” companies can take a station’s local news content without fairly compensating the station. In effect, they take a station’s content, use it on their platforms, and then turn around a sell local advertising. This unfair practice needs to stop. Last week, Senate Majority Leader Chuck Schumer (D NY) included the JCPA in the National Defense Authorization Act (NDAA). In doing so, Majority Leader Schumer had the agreement of Senate Republican leadership, including Sen. Mitch McConnell (R KY) to include the JCPA in the bill. At the last minute, however, Sen McConnell unexpectedly withdrew his support. As a result, the JCPA was not included in the NDAA. The next possible move is to include the JCPA in the massive “Omnibus” budget/appropriations bill for FY 2023. Of course, Congress must first agree on a top-line budget amount. Republicans would prefer to wait until next year. If there is no agreement, then Congress will enact a continuing resolution to keep the government running If this path is chosen, then the JCPA will not pass this year. If an agreement on the budget can be reached, then Congress will begin to add other policy items to the “Omnibus Bill,” such as the JCPA. It is unclear whether Minority Leader Mitch McConnell will continue to object to the JCPA as part of an “Omnibus” package. We are watching his process closely and urging Congress to pass the JCPA this year.

NYSBA and other state broadcasting associations continue to seek a legislative solution that will allow stations to accept cannabis advertising under federal law. The proposal, the Safe Advertising Act, will allow stations to accept cannabis advertising consistent with the law of the state in which they are licensed. The bill was introduced earlier this summer by Sen. Ben Ray Lujan (D NM) (S 4622). The goal is to attach the Safe Advertising Act to the Safe Banking Act. Federally chartered banks cannot accept funds from legal cannabis businesses without risking losing their federal charter. The banks are essentially in the same position as local stations. Last week, Minority Leader Mitch McConnell opposed attaching the Safe Banking Act to the National Defense Authorization Act, which was “must-pass” legislation. The issue now shifts to the “Omnibus” appropriations/budget bill. The “Omnibus” will be a massive bill that covers appropriations for FY 2023. It may also include a number of policy-related issues, including the Safe Banking Bill. Our goal is to get the Safe Banking bill, with our advertising provisions, included in the “Omnibus.” The first step is for members of Congress to agree on a top-line budget for FY 2023. This is no easy task, as republicans would prefer to wait until next year when they control the House of Representatives. If an agreement is reached, then Congress will begin discussing whether to add additional provisions, such as the Safe Banking Act and the Safe Advertising Bill. If an agreement is not reached, then Congress will enact a “continuing resolution,” which essentially runs the government using last year’s budget language. If this happens, then there will be no additional policy provisions added this year. NYSBA, along with a number of State Broadcasting Associations will continue to work on this issue up until the end of the session, which could run until December 23rd. Frankly, this is a long shot, but we will keep pushing.

The FCC’s EAS Operating Handbook helps EAS Participant personnel handle EAS messages and tests by outlining operational procedures and requirements found in the FCC’s EAS rules (47 CFR § 11.01, et seq.). The Handbook states in summary form the actions to be taken by personnel at EAS Participant facilities upon receipt of a National-level EAS Alert, Required National, Monthly and Weekly tests, and State and Local Area alerts. A copy of the 2023 Handbook must be located at normal duty positions or EAS equipment locations. (47 CFR § 11.15.) Stations should be aware that the EAS Operating Handbook includes numerous blanks for each station to fill in with its own unique practices and contacts. As a result, there is more involved than just printing a copy of the new EAS Handbook. You can download a copy of the handbook here.

The FCC’s political team of Robert Baker, Gary Schonman, and Sima Nilsson did a fantastic job going through the FCC’s requirements. Former NAB General Counsel and political broadcasting expert Jack Goodman was a tremendous host, asking all the right legal questions. Frankly, we could not cover all the issues in the hour-and-a-half session. Here are the major takeaways from the webinar: Applicability: The rules apply to all full-power broadcasters (radio and TV) as well as Class A TV stations. LPTV stations do not have to keep an online political file. However, if your LPTV is accepting political advertising, it may be a good idea to keep a separate paper political file at the station. Time of Filing: You must upload political file materials within one business day (excluding weekends) of receiving a full-fledged offer. This is an offer that meets all the requirements for broadcasting. You must upload it at the time the offer is received. Do not wait until you have accepted the offer. Do not wait until the spot is broadcast. You must upload it upon receipt of the offer. However, you need not upload requests by clients that are just discussing rates or avails. Candidate Advertisements: You must file all full-fledged offers from federal, state, and local candidates. This includes offers that are made outside the lowest unit rate period. Advertisement Purchased by Third Parties: Political advertisements for a federal candidate purchased by a third party, e.g. a Political Action Committee or other groups, must be placed in the political file. Importantly if such advertisements also discuss national issues of public importance, all of the issues must be listed in the political file. National Issue Advertisements: You must file full-fledged political advertising offers that cover national issues of public importance. You must list all such issues that are included in the advertisements. State Issue Advertisements: You do not have to list advertisements on issues that focus specifically on local issues, e.g., road repair, county bond issues, etc. However, there may be issues, such as gun control, that have both a local, state, and national component. The FCC will rely on a station’s good faith judgment as to whether the state advertisement involving this type of issue is placed in the political file. Note, however, broadcasting any controversial issue of public importance requires stations to place the matter in its public file. So even if you do not list it in your political file, it may have to be placed in your general public file. In other words, you will have to file in a separate place. Syndication and Network Programming: Radio and television stations may receive programs through syndication, and regional and national networks. Some of these networks sell issue advertisements as well as political advertising directly to candidates. While such advertisements were sold by the network, a station is responsible for including this information in its own political file. Stations need to make sure their program suppliers provide them with the necessary information relating to all political advertising. Social Media and Online Media: FCC rules do not apply to political advertisements appearing solely on the Internet or social media platforms. However, the issue gets complex if a station sells a political advertisement and a social media/Internet as a single package. Renewals: The FCC can easily discover when you uploaded your files. So, if you have missed a deadline, be careful at renewal time. There is a box on the license renewal asking if you have been in compliance with the public file rules during the license term. If you have been late with uploading political files, you should not check the box that you have been in full compliance. If you are in this situation, you should check with your communications counsel. Consent Decrees: The FCC has issued a number of consent decrees for stations found to be in violation of the political file rules. A station receiving consent decrees must adopt a plan to come into compliance. Such a plan would include 1) the appointment of a compliance officer to oversee its political file; 2) additional political file training; 3) creating a station manual outlining the political file requirements and 4) preparing reports on a station’s compliance activities. If you receive a consent decree do not ignore it. Contact your communications attorney.