Across the country, Labor Day marks the end of the summer across the country.  It is worth remembering that the celebration of Labor Day started in 1882 to honor workers in New York City.  According to the U.S Department of Labor: “The first Labor Day holiday was celebrated on Tuesday, September 5, 1882, in New York City, in accordance with the plans of the Central Labor Union. The Central Labor Union held its second Labor Day holiday just a year later, on September 5, 1883. By 1894, 23 more states had adopted the holiday, and on June 28, 1894, President Grover Cleveland signed a law making the first Monday in September of each year a national holiday." Thank you President Cleveland for giving us a long weekend.  Accordingly, there will be no NewStream next week. Our next edition will be sent out on Tuesday September 9 th . To find out more about New York’s First Labor Day, go the Department of Labor website here .

We are pleased to announce the winners of this year’s Excellence in Broadcasting Awards.  The winners have been listed on our website (See link below).     This year was highly competitive.  More than 550 entries were submitted.  We received 202 entries in the radio division, 280 in the television division, 46 in the college radio division and 27 in the college TV division. This is an increase in entries from previous years.  To ensure fairness, the entries were judged by broadcasters located outside of New York State.  We will present the Excellence in Broadcasting Awards at our regional lunches in the fall.   New York City  – Manhatta , 28 Liberty Street 60th Floor | Wednesday, September 10 Long Island  – Blackstone Steakhouse , 10 Pinelawn Road | Thursday, September 11 Buffalo  –   Aloft Buffalo Downtown , 500 Pearl Street | Monday, September 22 Rochester  –   The Strathallan Hotel , 550 East Avenue | Tuesday, September 23 Syracuse  – Embassy Suites by Hilton Syracuse Destiny USA , 311 Hiawatha Blvd. | Wednesday, September 24 Binghamton  –   Binghamton Country Club , 1401 Robinson Hill Rd, Endwell | Thursday, September 25 Albany  – Wolfert’s Roost Country Club , 120 Van Rensselaer Blvd. | Friday, September 26   Congratulations to all the winners!  Thank you for your tremendous work.   You can see the list of winners here .   The luncheon registration portal has been opened.  You may register for the luncheon at the location closest to you here .

We are pleased to announce that we received more than 500 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 date and location for each luncheon:   New York City – Manhatta , 28 Liberty Street 60th Floor | Wednesday, September 10 Long Island – Blackstone Steakhouse , 10 Pinelawn Road | Thursday, September 11 Buffalo – Aloft Buffalo Downtown , 500 Pearl Street | Monday, September 22 Rochester – The Strathallan Hotel , 550 East Avenue | Tuesday, September 23 Syracuse – Embassy Suites by Hilton Syracuse Destiny USA , 311 Hiawatha Blvd. | Wednesday, September 24 Binghamton – Binghamton Country Club , 1401 Robinson Hill Rd, Endwell | Thursday, September 25 Albany – Wolfert’s Roost Country Club , 120 Van Rensselaer Blvd. | Friday, September 26   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!   You can find more information about our awards luncheons here .

At its August meeting, the FCC opened a proceeding looking at a complete review of the current Emergency Alert Service.  This includes broadcast EAS and the Wireless Emergency Alerting (WEA) system.  The FCC is considering a complete review of the entire system.  It asks commenters to: Identify goals that the system is designed to serve Develop objectives for an effective national system Design a system to serve needs of alerting authorities Determine the kind of information that should be delivered Determine how information is best conveyed to the public Analyze public expectations when receiving information Consider to modernize the system In evaluating the current EAS system, the FCC is requesting specific information on issues such as: Which government agencies should be allowed to initiate alerts.  What happens in cases with overlapping jurisdiction, where multiple agencies send out a message for the same event? Should the government require video alerts at both the federal and or state level?  What are the costs? Should private, non-government entities, such as utilities, companies dealing with hazardous materials, or nuclear power plants, be authorized to send alerts? What is the best way to geographically target alerts? Should EAS alerts be made available on tablets, streaming services, gaming devices, and other platforms that are being used but do not have any EAS requirements? Should EAS alerts be delivered directly to all connected TV sets and devices? The answers to these questions could lead to profound changes in the current EAS system for broadcasters.  Comments are due to the FCC 30 days after the FCC’s Notice of Proposed Rulemaking is published in the Federal Register.  Reply comments will be due 45 days after the date of publication.  NYSBA will be following this closely. You can see the FCC’s Notice of Proposed Rulemaking here .

Rep. Tim Kennedy (D. NY 26 th   Buffalo) has agreed to cosponsor the AM Radio For Every Vehicle Act (H.R. 979).  He was a cosponsor in the last session of Congress. To date, there are 271 members of the U.S House of Representatives who have cosponsored the legislation.  This includes 19 members of the NY delegation:   Rep. Espaillat, Adriano [D-NY-13]    Rep. Garbarino, Andrew R. [R-NY-2] Rep. Gillen, Laura [D-NY-4] Rep. Tim Kennedy [D-NY-26] 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. Mannion, John [D-NY-22] Rep. Meng, Grace [D-NY-6] Rep. Morelle, Joseph D. [D-NY-25]           Rep. Nadler, Jerrold [D-NY-12] Rep. Riley, Josh [D-NY-19]    Rep. Stefanik, Elise M. [R-NY-21] Rep. Suozzi, Thomas R. [D-NY-3] Rep. Tenney, Claudia [R-NY-24] Rep. Tonko, Paul [D-NY-20] Rep. Torres, Ritchie [D-NY-15] Rep. Velázquez, Nydia M. [D-NY-7]   There are 60 cosponsors in the Senate.  Minority Leader Chuck Schumer and Senator Kirsten Gillibrand both support the legislation.  The Senate bill (S. 315) has already passed the Senate Commerce Committee and is ready for a vote on the Senate Floor.   We hope to move the legislation in the House of Representatives right after the August recess.  Thank you Congressman Kennedy!   You can see the legislation here .

The NY Federal Reserve has released the results of its August Business Leaders Survey.  The survey covers the “service” economy in New York state, northern New Jersey, and southern Connecticut.  The report concluded: “Business activity continued to decline in the region’s service sector in August, according to firms responding to the Federal Reserve Bank of New York’s Business Leaders Survey. The survey’s headline business activity index was little changed at -11.7. The business climate index remained negative at -39.3, suggesting the business climate remained worse than normal. Employment held steady, and wage growth was modest. Supply availability continued to worsen. The pace of input price increases remained moderate, and selling price increases remained significant. Firms turned pessimistic about the outlook.” You can access the full report here .

Congressman Paul Tonko (D. NY 20 Albany) has once again cosponsored the AM Radio For Every Vehicle Act (H.R. 979).  He also cosponsored the legislation last year.  A strong supporter of local radio, Rep. Tonko was the primary sponsor of the PIRATE Act, which gave the FCC additional enforcement authority over illegal pirate radio stations. To date, there are 241 members of the U.S House of Representatives who have co-sponsored the legislation.  This includes the following 15 members of the NY delegation: Rep. Espaillat, Adriano [D-NY-13]    Rep. Garbarino, Andrew R. [R-NY-2] Rep. Gillen, Laura [D-NY-4] Rep. LaLota, Nick [R-NY-1] Rep. Langworthy, Nicholas A. [R-NY-23] Rep. Lawler, Michael [R-NY-17] Rep. Meng, Grace [D-NY-6] Rep. Morelle, Joseph D. [D-NY-25]           Rep. Nadler, Jerrold [D-NY-12] Rep. Riley, Josh [D-NY-19]    Rep. Stefanik, Elise M. [R-NY-21] Rep. Suozzi, Thomas R. [D-NY-3] Rep. Tenney, Claudia [R-NY-24] Rep. Tonko, Paul [D-NY-20] Rep. Velázquez, Nydia M. [D-NY-7]   There are 60 cosponsors in the Senate.  Minority Leader Chuck Schumer and Senator Kirsten Gillibrand both support the legislation.  The Senate bill ( S. 315 ) has already passed the Senate Commerce Committee and is ready for a vote on the Senate Floor. We hope to move the legislation before the Congressional recess in August.  NYSBA is working hard to obtain additional support for this important legislation. You can see the legislation here .

Congressman John Mannion (D-NY-22 Syracuse) has cosponsored the AM Radio For Every Vehicle Act (H.R. 979).  Although in his first term, Rep. Mannion has been a good friend to local radio and television broadcasters.   To date, there are 259 members of the U.S House of Representatives who have co-sponsored the legislation.  This includes the following 16 members of the NY delegation: Rep. Espaillat, Adriano [D-NY-13]    Rep. Garbarino, Andrew R. [R-NY-2] Rep. Gillen, Laura [D-NY-4] Rep. LaLota, Nick [R-NY-1] Rep. Langworthy, Nicholas A. [R-NY-23] Rep. Lawler, Michael [R-NY-17] Rep. Mannion, John [D-NY-22] Rep. Meng, Grace [D-NY-6] Rep. Morelle, Joseph D. [D-NY-25]           Rep. Nadler, Jerrold [D-NY-12] Rep. Riley, Josh [D-NY-19]    Rep. Stefanik, Elise M. [R-NY-21] Rep. Suozzi, Thomas R. [D-NY-3] Rep. Tenney, Claudia [R-NY-24] Rep. Tonko, Paul [D-NY-20] Rep. Velázquez, Nydia M. [D-NY-7]   There are 60 cosponsors in the Senate.  Minority Leader Chuck Schumer and Senator Kirsten Gillibrand both support the legislation.  The Senate bill ( S. 315 ) has already passed the Senate Commerce Committee and is ready for a vote on the Senate Floor.   We hope to move the legislation in the House of Representatives right after the August recess.  You can see the legislation here .

Rep. Nicole Malliotakis (R–R-NY-11, Staten Island) has once again cosponsored the AM Radio For Every Vehicle Act (H.R. 979).  She was a co-sponsor in the last session of Congress.   To date, there are 261 members of the U.S House of Representatives who have co-sponsored the legislation.  This includes 17 members of the NY delegation:   Rep. Espaillat, Adriano [D-NY-13]    Rep. Garbarino, Andrew R. [R-NY-2] Rep. Gillen, Laura [D-NY-4] 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. Mannion, John [D-NY-22] Rep. Meng, Grace [D-NY-6] Rep. Morelle, Joseph D. [D-NY-25]           Rep. Nadler, Jerrold [D-NY-12] Rep. Riley, Josh [D-NY-19]    Rep. Stefanik, Elise M. [R-NY-21] Rep. Suozzi, Thomas R. [D-NY-3] Rep. Tenney, Claudia [R-NY-24] Rep. Tonko, Paul [D-NY-20] Rep. Velázquez, Nydia M. [D-NY-7]   There are 60 cosponsors in the Senate.  Minority Leader Chuck Schumer and Senator Kirsten Gillibrand both support the legislation.  The Senate bill ( S. 315 ) has already passed the Senate Commerce Committee and is ready for a vote on the Senate Floor.   We hope to move the legislation in the House of Representatives right after the August recess.  You can see the legislation here .

Rep. Ritchie Torres (D. NY 15 Bronx) has once again cosponsored the AM Radio For Every Vehicle Act (H.R. 979).  He was a cosponsor in the last session of Congress.   To date, there are 263 members of the U.S House of Representatives who have cosponsored the legislation.  This includes 18 members of the NY delegation:   Rep. Espaillat, Adriano [D-NY-13]    Rep. Garbarino, Andrew R. [R-NY-2] Rep. Gillen, Laura [D-NY-4] 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. Mannion, John [D-NY-22] Rep. Meng, Grace [D-NY-6] Rep. Morelle, Joseph D. [D-NY-25]           Rep. Nadler, Jerrold [D-NY-12] Rep. Riley, Josh [D-NY-19]    Rep. Stefanik, Elise M. [R-NY-21] Rep. Suozzi, Thomas R. [D-NY-3] Rep. Tenney, Claudia [R-NY-24] Rep. Tonko, Paul [D-NY-20] Rep. Torres, Ritchie [D-NY-15] Rep. Velázquez, Nydia M. [D-NY-7]   There are 60 cosponsors in the Senate.  Minority Leader Chuck Schumer and Senator Kirsten Gillibrand both support the legislation.  The Senate bill ( S. 315 ) has already passed the Senate Commerce Committee and is ready for a vote on the Senate Floor.   We hope to move the legislation in the House of Representatives right after the August recess.  You can see the legislation here .

At this point there appears to be no national EAS test scheduled for 2025.  Nonetheless, stations are required to file online forms with the EAS Test Reporting System on an annual basis.  The Public Safety Bureau just released a Public Notice stating that ETRS From 1 is due October 3, 2025. “By this Public Notice, the Public Safety and Homeland Security Bureau (Bureau) announces that the Emergency Alert System (EAS) Test Reporting System (ETRS) is available for receipt of filings and directs EAS Participants to submit their annual ETRS Form One for calendar year 2025 by no later than October 3, 2025. ETRS is an online filing system by which EAS Participants submit their Form One information, which includes identifying and background information such as EAS designation, EAS monitoring assignments, facility location, equipment type, contact information, and other relevant data.” You can see the Public Notice here . You can access the FCC’s EAS Test Reporting System webpage (ETRS) here .

The FCC has sent out EEO letters to 300 randomly selected stations across the country.  Each year, approximately five percent of all radio and television stations are selected for EEO audits.  A review of the list reveals that nine stations in New York received audit letters .  For the first time, the audit letters being sent to stations contain four new paragraphs requesting information aimed at a station’s diversity, equity and inclusion (DEI) policies.  For example, it asks about any internal complaints made by employees favoring a particular race, ethnicity or religion.  It asks questions whether an employee was reprimanded for not following DEI policies.  The questions go beyond employment asking whether a station has policies, including contracts with third parties that favor certain races, gender, religion, national origin etc. The inclusion of these questions is unprecedented.  Nonetheless, stations receiving the audit letters will have to address these issues.  We strongly urge the nine NY stations receiving the audit letters to consult their communications counsel. Do not ignore the FCC’s audit letter.  According to the public notice, a station must place a response in their Public File no later than September 22, 2025. You can see the Enforcement Bureau’s Public Notice, which includes the new DEI questions and a list of stations receiving an audit letter, here . A discussion of the new DEI questions by noted communications attorney David Oxenford can be found here . Attorney David Oxenford’s discussion about the audit process can be found here .

Along with all state broadcasting associations, NYSBA joined in a letter asking the FCC to move forward with a clear, industry wide date certain for the implementation of Next Gen TV (ATSC 3.0).  The letter/resolution concluded:  “Now, therefore, be it resolved this 31st day of July 2025, by the broadcaster associations named below, representing all 50 States, the District of Columbia and the Commonwealth of Puerto Rico, that we support the Federal Communications Commission establishing a clear, industry-wide date-certain transition plan for the full deployment of Next Gen TV (ATSC 3.0) as well as a sunset date for ATSC 1.0.” The position is consistent with the Next Gen deployment plan proposed by the NAB.  Next Gen TV is essential to ensure the future of local broadcast television.  This will be a critical issue before the FCC and Congress. You can see a copy of the 50 State resolution/letter here . You can find more information from the NAB about Next Gen TV here .

As part of its “Delete, Delete, Delete” process, the FCC announced that it plans to delete 98 broadcast regulations that no longer serve the public interest.  The plans were announced at its meeting on August 7 th .  Importantly, the FCC is using a new process that first eliminates a rule and then seeks public comment on its elimination.  If public comment supports keeping the rule, then the FCC may reinstate the rule.  This is the reverse of the old process in which the FCC first sought public comment before  eliminating a rule.    Under the new process, the rule is eliminated unless public comments show there is good justification for reinstating its regulation. As for the broadcast rules being eliminated, the FCC stated in a press release: “Today’s action repeals rule provisions identified primarily in the broadcast services section of the regulations that plainly do not serve the public interest any longer because they govern obsolete technology, rules no longer used in practice by the FCC or licensee, or rules that are otherwise outdated or unnecessary. The item repeals rules related to old technology that is no longer used, such as 1970sera regulations dictating the kind of testing equipment radio stations are required to purchase.” In his separate statement, FCC Chairman Brendan Carr observed: “Specifically, today’s action will remove 71 rule provisions, including 98 rules and requirements, 12 pages, and 5,117 words from the FCC’s rule books.  Consistent with the law, this decision targets only those regulations that would not benefit from more extensive regulatory processes.  For instance, it removes regulations that govern obsolete technology, like analog television service and procedures for a TV subscription system that operates on a now defunct technology; or are otherwise no longer necessary, like a list of policies that doesn’t regulate anything and includes outdated information.” This is an important step in eliminating unnecessary regulations that have hampered the competitive posture of local stations.  NYSBA supports these efforts. You can see the FCC’s decision, including a list of the rules that were eliminated here .

In its continuing effort to eliminate illegal pirate radio broadcasts, the FCC issued a Notice of Illegal Pirate Operation to a property owner in Newark, NJ.  According to the FCC’s Notice: “The New York Office of the Federal Communications Commission’s (FCC) Enforcement Bureau is investigating a complaint about an unlicensed FM broadcast station operating on frequency 90.5 MHz.  On November 18, 2024, and January 29, 2025, agents from the New York Office confirmed by direction finding techniques that radio signals on frequency 90.5 MHz were emanating from the property at 698- 716 Sandford Avenue, Newark, New Jersey 07106 (Property).  Publicly available records identify Jacob Sanford LLC as the owner of the Property.  The FCC’s records show no license issued for operation of a radio broadcast station on 90.5 MHz at this location.” The Notice informed the property owner that it may face more than $2.4 million in fines if it knowing allows an illegal pirate station to continue operating from the property. You can see the FCC’s Notice of Illegal Pirate Operation here .

The New York State Broadcasters Association, Inc., announces the addition of six new inductees into the New York State Broadcasters Hall of Fame.  The induction ceremony will take place at our gala luncheon in the Rainbow Room, 30 Rockefeller Plaza, New York City, on Wednesday, October 22, 2025.    Regarding the class of 2025, David Donovan, President of the New York State Broadcasters Association, stated, “The Hall of Fame Class of 2025 sets the 'gold standard' for broadcasters throughout New York State.  The inductees represent a lifetime of achievement serving their profession and communities throughout the Empire State and our nation.  We are honored to have them join the Hall of Fame.”  Here is the class of 2025: Kaity Tong – Journalist, Anchor – WPIX-TV, New York City   Kaity Tong launched her broadcasting career at KCBS News Radio in San Francisco.  That led to a TV news reporting job at Bay Area Station KPIX.  Then it was off to Sacramento’s top-rated NBC Affiliate, KCRA, as weekday anchor.   In 1981, Kaity headed east to New York’s WABC as weekend anchor/reporter.  She eventually co-anchored the 5 and 11 pm newscasts with such greats as Roger Grimsby, Bill Beutel, and Tom Snyder.   Kaity joined WPIX a decade later and remains there today.  Thirty-five years later, she’s received several regional Emmy Awards and the prestigious Governors’ Award, the highest honor a chapter of the National Academy of Television Arts & Sciences can bestow.   Committed to her community, Kaity’s been recognized by various Chinese American organizations, children’s agencies, and women’s groups.   Kaity is a naturalized citizen and was thrilled when presented with the Ellis Island Medal of Honor.  It celebrates our nation’s diverse heritage, commends excellence in community service, and believes in the American spirit. 
   Norm Silverstein – President, CEO - WXXI Public Media Rochester (retired)   Norm Silverstein retired from WXXI in 2024, after nearly 30 years of dedicated service at the helm of Rochester’s public media stations.  Under his leadership, WXXI built a reputation for collaboration and community service.  When he joined, it was operating one television station and two radio stations.  Today it operates four public television channels, a cable channel for the City of Rochester, and seven public radio stations.  WXXI acquired the Little Theatre, formed the Rochester Area Media Partners with the purchase of CITY Magazine, and secured an additional FM signal for NPR and WXXI News.  Silverstein established WXXI as a trusted source of news, educational information, and cultural entertainment.  He successfully guided WXXI into the digital age.   Silverstein led the two most successful Capital Campaigns in the history of WXXI.  The 21/21 Vision Campaign in 2004 raised $12 million, and the Go Public Campaign in 2016 garnered $18 million.   During his tenure, WXXI has received numerous New York State Broadcasters Association Awards, Telly Awards, New York Emmy Awards, and Edward R. Murrow Awards.  WXXI launched the healthcare TV series, Second Opinion, which ran for 18 seasons on PBS stations across the country.  The station produced numerous documentaries highlighting Rochester's rich history and culture.  One of Silverstein’s proudest accomplishments has been WXXI's national Move to Include™ initiative, a partnership with the Golisano Foundation that uses the power of public media to promote inclusion.     A recognized leader by public media throughout the country, Silverstein chaired the Association of Public Broadcasting Stations of New York (APBS) and the Finance Committee of the New York State Broadcasters Association.  He is a former board member of America's Public Television Stations (APTS) in Washington, the National Women's Hall of Fame in Seneca Falls, the New York State Council for the Humanities, and the Regional Advisory Board of Excellus Blue Cross Blue Shield.  Silverstein was also the past Treasurer of the Board of Greater Public, the only national non-profit organization offering comprehensive development and marketing expertise to public radio and television stations.   Before joining WXXI in 1995, Silverstein served as Senior Vice President of Maryland Public Television (MPT).  He was a broadcast news correspondent in Washington, D.C., and served as Deputy Press Secretary and a senior aide to the Governor of Maryland.   Bill Evans – Owner, Program Director & Meteorologist - WLNG 92.1 FM, Sag Harbor   Bill Evans is the Owner, Program Director, Chief Meteorologist, and Morning Show Co-Host for WLNG 92.1 FM in Sag Harbor, NY, and WFRM 94.5 FM in Sagaponack, NY.  He is a 20-time Emmy Award Winner and a 5-time NY Times Best Selling Author.  Bill is also a recipient of the Ellis Island Medal of Honor for Distinguished Public Service.   For 30 years, Bill was the Senior Meteorologist for WABC-TV Channel 7 Eyewitness News, WPLJ Radio 95.5 FM with "Scott & Todd in the Morning," and 77 WABC AM Radio with "Imus in the Morning."     He was also heard on the ABC Radio Network and ESPN Radio.  He has appeared on ABC's “Good Morning America,” “ABC News” with Peter Jennings and then with David Muir, “LIVE! with Regis and Kathie,” then "Regis and Kelly," then “Kelly And Ryan," "ESPN's SportsCenter," The Discovery Channel's "How Stuff Works,” "The View,” "The Good Wife" and "The Unexplained" with William Shatner.   Bill has appeared on the New York stage, playing himself in "The Radio City Christmas Spectacular" at Radio City Music Hall.  He's also appeared on Broadway as The Candlestick "Lumier" in Disney's "Beauty and the Beast." He has performed stand-up comedy on "The Punch Line Circuit," "Comedy Nation," and "Dangerfield's."   Bill has received an "Honorary Doctor of Humane Letters" from Dowling College in Oakdale, NY, and an "Honorary Doctorate of Science" from Centenary College in Hackettstown, NJ, and was awarded Beneath the Seas "Diver of the Year."  Bill is a member of the Friars Club, the American Meteorological Society, and the NY Broadcasters Association.   Gary Sapiane – General Manager, Morning Show Host - WLNG 92.1 FM, Sag Harbor   Gary Sapiane is from Westhampton Beach, Long Island, New York.  Gary started in radio when he was a junior at Westhampton Beach High School.  Gary's first radio gig was with WAPC Radio in Riverhead, Long Island, New York.  Gary went on to be one of the owners of WKVO Radio in Havelock, North Carolina.   Gary actually read his first commercial on the air at WLNG when he stopped by to visit the late Paul Sidney in 1964.  Gary worked weekends at WLNG in 1970, and in 1975, Gary started full-time.  In 2008, after Paul Sidney had passed away, Gary became the station manager.  In 2012, Gary became President of Main Street Broadcasting, Inc. Gary's hobbies include storm chasing (especially tornadoes), aviation, and riding the Cross Sound Ferry between Orient Point, Long Island, New York, and New London, CT, during Winter Nor'easters!   Matt Mulcahy - Journalist, Anchor & Managing Editor - NBC 3 News in Syracuse.   Matt is the Emmy Award-winning anchor/reporter and Managing Editor at NBC 3 News in Syracuse.  He anchors NBC 3 News at 5:00, 6:00, and 11:00, and the CW 6 News at 10:00.  His investigative reports lead the station’s I-Team.  Matt has spent 39 years covering the news on television in upstate New York, including 35 years in his hometown of Syracuse.  The Syracuse Press Club inducted him into its Wall of Distinction, the club’s highest honor.   He won five New York Emmys.  Two for anchoring Best Newscast.  An Emmy for best documentary, “Bosnia, Returning Home,” and an Emmy for writing the documentary “The Heidi Allen Files.”  Mulcahy earned another Emmy for producing “The Map: Desegregated Schools.”  He earned a total of 29 Emmy award nominations for anchoring, reporting, writing, and producing.  Among the Emmy nominations are Best News Anchor in New York State and Special Assignment reporting.  He has received multiple Edward R. Murrow Awards for Overall Excellence, best television news writing, and anchoring the best newscast at WSTM-TV.  Matt has received several New York State Associated Press Broadcasters awards, numerous honors from the Syracuse Press Club, and also the New York State Broadcasters Association. News stories have taken Matt across the country and overseas, including the Vatican for the Canonization of Syracuse’s Mother Marianne Cope, Lockerbie, Scotland, on the anniversary of the bombing of Pan Am 103, Bosnia with the 10 th Mountain Division, and Ground Zero on the anniversary of the September 11 th attacks.   He created the award-winning Matt’s Memo blog on CNYCentral.com .  Matt led the way in the integration of new media and social networking into local news.  A past president of the Syracuse Press Club, he has taught at the S.I. Newhouse School of Public Communications at Syracuse University.   Matt and his wife, Jamie, founded the Shamrock Animal Fund in 2010 to help pay for the care of hundreds of animals.  Their Healthy Pet Clinics treated more than 3600 pets in some of Syracuse’s most impoverished neighborhoods.   Bob Kovachick - Meteorologist - WNYT -TV, Albany (retired)   Bob Kovachick, now retired, was a veteran meteorologist with WNYT-TV, News Channel 13 in Albany.  He worked in the Capital region for more than 40 years.  He joined WTEN-TV in Albany in April 1977.  He moved to WTAE-TV in Pittsburgh for two years.  He returned to Albany and began his career at WNYT-TV in May 1988 as the station’s Chief Meteorologist.  Bob was responsible for preparing and delivering daily weather forecasts for the 5, 5:30, 6, and 11 p.m. newscasts.   Bob acquired years of valuable experience in meteorology through employment at the Universal Weather Service in White Plains, NY, WTEN in Albany, and WTAE in Pittsburgh. In addition to his responsibilities as a meteorologist, Bob frequently speaks to various organizations and spends approximately two days per week visiting youngsters at area schools and discussing the intricacies of meteorology.  A graduate of Lyndon State College in Lyndon, Vermont, Kovachick received his B.S. in Meteorology in 1971.  He has received the American Meteorological Society Seal of Approval in Television Weathercasting, and he is a professional member of both the American Meteorological Society and the National Weather Association.

In 2021, the FCC enacted new rules that required stations to make an on-air foreign sponsorship identification for programming “leased” by a foreign government or its agent. The rule applied only to traditional leasing agreements involving a “discrete block of time.” Traditional short-form advertisements were excluded.  The FCC also imposed an obligation on stations to use “reasonable diligence” to determine whether a block of time had been leased to a foreign government or its agent.   The U.S. Court of Appeals later upheld much of the decision, but struck down the obligation that a local station must search government websites to determine if they are leasing broadcast time to a foreign government.  The court reasoned that under the Communications Act, a station is only required to make inquiries to the person/entity purchasing the time.   The FCC issued a new decision in 2024.  The FCC made several important changes.  The NAB opposed the new rules and filed a lawsuit with the U.S. Court of Appeals for the District of Columbia.  The court rejected NAB’s concerns.  Absent a further appeal, the rules enacted in 2024 will go into effect.   Short-form Exemption Eliminated : The Court upheld the FCC’s decision to abandon the automatic exemption for “short form” advertisements.  There is no exemption based on the “duration” of a message.  Thus, as a general rule, short-form messages sponsored by foreign governments or their agents will require a sponsorship ID, unless they fall within a specific exemption.    Commercial Ad Exemption  – The court upheld the FCC’s decision to provide a Commercial Ad exemption to the rule.  47 CFR § 73.1212(f) extended the Commercial Ad exemption now used for commercial advertising of foreign content.   The Commission explained: “For an advertisement to fall under the commercial exemption provisions of 73.1212(f), it must include the sponsor’s corporate or trade name, or the name of the sponsor’s product, when it is clear that the mention of the name of the product constitutes a sponsorship identification...By clarifying  that our foreign sponsorship identification rules do not trump the pre-existing sponsorship identification rules for advertising for commercial products or services, we address the concerns raised by commenters about the terminology used in The First R&O with regard to advertising.” Candidate Political Advertisements Exempt: The Court upheld the FCC’s decision to exempt advertisements by a candidate’s authorized campaign committee.   PSAs and Third-Party Issue Ads Not Exempt: Public Service announcements (PSA) and issue ads purchased by a non-candidate third party are not exempt if they are paid for by a foreign government or its agents.  They must have a foreign sponsorship ID.   Due Diligence and Certifications: The Court also upheld the process for determining whether a content has been purchased by a foreign government or its agent.  The court upheld both the “certification option” and the “screenshot option” for determining if content is foreign-based.  Pursuant to the certification option, a station can provide the FCC with a written certification that it has complied with the regulations and has sought a written certification from the foreign lessee.  In this regard, the court recognized the standard form certifications approved by the FCC.  The Court also recognized the “screenshot option” in which a licensee can ask a foreign lessee to search its own name in the Foreign Agents Registration Act database (FARA) and US-based foreign media outlets databases and provide a screenshot of the results.  While the Court has upheld the rules, it is worth noting that FCC Chairman Carr believed that the FCC did not give sufficient notice that it would be eliminating the short-form exemption.  Given the Court’s ruling on this point, it is not clear whether Chairman Carr will seek to revisit this issue.   As noted previously, the FCC extended until December 8, 2025, the compliance deadline for other aspects of the June 2024 Order.  However, it did not address when the obligation to verify that sponsors of spot time are not agents of foreign governments would become effective.  You should consult your communications counsel on this issue.   You can see the Court of Appeals Decision here . The FCC’s Foreign ID Rules can be found here . You can find a good explanation of the FCC’s rules from noted attorney David Oxenford here .

Under the FCC’s rules, stations are required to file a biennial ownership report every two years.  The filings are due in the odd-numbered years.  This year’s ownership reports would have been due on December 1, 2025, with a filing portal opening in October. This requirement has now been waived.  The FCC stated:          “By this Public Notice, the Media Bureau waives the requirement for broadcast licensees to file their biennial ownership reports on FCC Form 323 or 323-E for a period of 18 months.  Pursuant to the Commission’s rules, licensees of commercial and non-commercial full power television, Class A television, low power television, AM radio, and FM radio stations must file biennial ownership reports with the Commission in odd-numbered years.1 The next filing window for biennial ownership reports is scheduled to open on October 2nd of this year, with reports due by December 1st.....         With the next filing window approaching, we find there is good cause to waive the biennial ownership report filing requirement for a period of 18 months and set a new filing deadline of June 1, 2027 or until further notice, whichever comes first.”   The FCC’s decision follows comments that were filed in its “Delete, Delete, Delete” proceeding.  In that proceeding, a number of commenters noted that the filings were overly burdensome with no real public benefit.  The Bureau made clear that the waiver did not apply to broadcasters’ other ownership report filing requirements, including following the acquisition of a full-power TV, AM, or FM station, or after a station’s original construction permit is granted.    You can see the FCC’s Public Notice here .

A recent article in Radio Ink  reported on Edison Research’s Share of the Ear for the second quarter of 2025. According to the article: “In Q2 2025, Edison Research’s  Share of Ear   survey asked Americans how they divide their daily audio time. That data, combined with listening behavior as far back as Q3 2024, shows that listeners aged 13 and up spend just over one-third of their audio day (34%) with traditional or streamed radio. That figure surpasses every other audio platform, including streaming music services (23%), YouTube (14%), and podcasts (10%). SiriusXM accounts for just 7% of listening time, while owned music and audiobooks trail at 6% and 3%, respectively. TV music channels and other formats collectively make up only 3% of total listening.” The article and study are worth examining. Overall, good news for radio. You can see the article in Radio Ink   here . You can see the study by Edison Research here .

Over the years, the FCC’s broadcast ownership rules have traveled down a long and winding road.  The most recent twist occurred last week with a decision from the U.S. Court of Appeals for the 8 th Circuit in Zimmer Radio of Mid-Missouri v. FCC.  The case was joined by a number of broadcast companies, network affiliate associations, and the NAB.  At issue are the local ownership rules for television and radio.  The previous FCC, guided by then-Chairperson Jessica Rosenworcel, upheld these rules and even tightened up the local TV rules somewhat.     Local Radio Ownership Rules: The current FCC rules limit the number of radio stations that may be owned by a single entity.  The number varies by market size.  For example, a single owner may own up to 8 radio stations in a large market.  However, there is a sub-cap that limits the number of FM or AM stations that may be owned.  For example, you can own up to 8 stations in a large market, but only 5 of them can be in the same (AM/FM) service.    The Court of Appeals upheld the FCC’s local radio ownership rules.  The court ruled that the FCC had the legal authority to keep these rules in place.  It upheld the FCC’s legal ability to conclude that radio was a distinct service and that competition from digital and other audio services need not be considered when crafting these rules.  Importantly, the court made it clear that it was not second-guessing whether the FCC was correct in its assessment.  Rather, the court was stating that the FCC had the legal ability to make such a judgment, and the court would not substitute its judgment for the Commission’s.   This decision flies in the face of economic reality.  Moreover, the court seems to have gone out of its way to give significant differences to the Commission.  Such deference appears to conflict with the Supreme Court’s recent decisions limiting deference to administrative agencies.   Local TV Ownership Rules:  The current FCC rules allow a single entity to own up to two stations in a TV market, provided only one of the stations is considered to be a “top four” station.  The rule gives the FCC the ability to grant waivers.  In addition, because the FCC was concerned that stations were circumventing the rule by combining with low-power stations, the FCC extended the rule to include these stations.   The Court upheld the FCC’s rule limiting TV ownership to two stations in a market.  Once again, it supported the FCC’s conclusion that over-the-air TV was a unique market.    Nonetheless, the court found that the “top four” rule was not supported by evidence before the Commission.  As a result, the court vacated the rule but gave the FCC 90 days to remedy the rule.  In addition, it struck down the FCC’s decision to extend the “top four” rules to include low-power TV stations.    Impact:  Importantly, the decision focuses on whether the FCC had the authority to adopt these rules.  It does not prevent the “Carr Commission” from reaching a different conclusion with respect to the television or radio ownership rules.   FCC Chairman Carr’s response to the court decision makes it clear he will not reopen the FCC’s “top four” rule for television.  In a statement, he noted: “For decades, the FCC’s approach to regulating the broadcast industry has failed to promote the public interest.  That has only made it harder for trusted and local sources of news and information to compete in today’s media environment.  And that is why I dissented from the Biden-era FCC’s decision to retain a regulation that does not match marketplace realities.  I am pleased to see that the court agrees and has vacated that regulation.”   Given Chairman Carr’s position that local stations exist in a new competitive environment, it is likely that he will revisit the local radio and TV ownership rules with an open mind.  This is important because the Court’s decision expressly ignored competition from non-broadcast sources when upholding the previous decision by the FCC under Chairperson Rosenworcel.         On balance, the decision to eliminate the “top four” rule for local television stations is a huge step in the right direction.  We shall watch this closely as the saga of broadcast ownership rules continues to unfold.   You can see the Court of Appeals Decision for the 8 th  Circuit here . A good summary of the decision appeared in Inside Radio here .