The FCC has sent Unlicensed Notices to property owners regarding three illegal pirate stations operating in New York.  The FCC sent notices to the following property owners that had pirate stations operating on their property.  Notices were sent to the following locations: 88.9 FM – Spring Valley 90.9 – Spring Valley 90.9 MHz Irvington, New Jersey   The Notices indicate that the property owners may be liable for more than $2.4 million dollars for knowingly allowing illegal radio operations to continue. The Notices ask the property owners for the names of the illegal pirate stations.   We strongly support the FCC’s continued enforcement activity with respect to illegal pirate stations.    You can see the Notice for 88.9 Spring Street here .   You can see the Notice for 90.9 Spring Valley here .   You can see the Notice for 90.9 Irvington, NJ here .

As we reported previously, the departure of Commissioners Simington and Stark left the FCC with only two Commissioners.  As a result, the FCC currently lacks a quorum and is unable to make any new policy changes. This situation is about to change.  Senate Majority Leader John Thune decided to move forward with FCC Nominee Olivia Trusty’s nomination.  We expect a vote before the full Senate today or tomorrow.  Her confirmation will give the FCC a quorum.  It will now be able to move forward to implement FCC Chairman Carr’s agenda.

Last year, the FCC released a decision that would require stations to provide a sponsorship identification for leased programs that are sponsored by foreign governments or their agents. Under the order, the decision was to become effective on June 10th. However, the Media Bureau has announced that it would delay enforcement until December 8th to give stations time to comply with the new rules. The FCC developed standardized language that can be used by broadcasters to determine if an entity leasing time is considered to be a foreign government agent. This language, which appears on the new form created by the FCC for stations, will be required after December 8, 2025. You can see the Media Bureau’s Notice delaying enforcement here . You can see the FCC’s initial decision here . You can see a discussion of this issue by noted communications attorney David Oxenford here .

As we reported previously, the FCC now allows FM stations to provide original programs on booster stations.  This was a very controversial decision.  As a result, the FCC placed limits on a station’s ability to provide original programs on its boosters.  For example, FM boosters may only provide up to three minutes per hour of content that differs from the primary station. The Commission has issued a Small Entity Compliance Guide for stations seeking to provide original content on their FM booster stations.  For example, it covers issues such as: Impact on State and Local EAS Plans Cross-Ownership Online Public Inspection File Requirements for Commercial and Noncommercial Stations Protection of FM broadcast, FM Translator and LPFM Stations Program Originating FM Booster Station Notifications Purpose and Permissible Service Eligibility and Licensing Requirements Political Programming Rules Applicable to Program Originating The FCC will treat an FM booster originating programming as a separate facility.  However, it will nonetheless let the primary station use its own online public file to upload information from the booster station originating content.  If you are planning to originate programming on your FM booster, you should take a look at the Guidelines.  It’s worth reading. You can access the FCC’s Compliance Guide here . You can see the FCC’s decision allowing booster stations to originate programming here .

A special thank you to Congressmen Mike Lawler (R. NY-17), Jerry Nadler (D. NY-12), and Joe Morelle (D. NY-25) for co-sponsoring the AM Radio For Every Vehicle Act (H.R. 979).  The total number of cosponsors in the U.S. House of Representatives now stands at 210 members, including 14 representatives from New York.  The Senate bill, S.315, has 60 cosponsors, including Sen. Gillibrand.    The following members of Congress from New York have cosponsored the legislation:   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. Velázquez, Nydia M. [D-NY-7]   The legislation prevents automakers from eliminating AM receivers from automobile dashboards.  We will continue to push to get more members of the New York delegation to sign on to the AM Radio for Every Vehicle Act (H.R. 979).   You can access a copy of the bill here .

Last Friday, FCC Commissioner Nathan Simington resigned and left the FCC.  While his departure was expected at some point, this was unexpected.  His replacement will be his newly appointed Chief of Staff, Gavin Wax.  Gavin is also head of the New York Young Republicans.   The move leaves the FCC with only two members, Chairman Brendan Carr, a Republican, and Commissioner Anna Gomez, a Democrat.  Commissioner Geoffrey Starks left the FCC as well.   More importantly, you need three  commissioners to make a quorum.  As a result, the FCC cannot make any new policy decisions, e.g., relaxing broadcast ownership rules.  He will be able to conduct routine business that may include waivers.  For example, the Media Bureau just approved a waiver of the local TV ownership rules.  But the rulemaking authority on any controversial item is limited.  Also, Commissioner Gomez has been critical of Chairman Carr’s agenda.   The FCC will not be able to move forward until FCC nominee Olivia Trusty is confirmed by the full Senate.  She has already been confirmed by the Senate Commerce Committee.  However, Democrats may try to delay a vote on her confirmation to prevent a quorum.  Democrats have been very critical of Chairman Carr’s agenda.   We are in uncharted waters at this point.  We will keep a close watch on how this develops.   Simington’s announcement can be seen here .

For several years, NYPD and police departments in several other counties have deployed new encrypted digital communications systems.  These encrypted systems prevent journalists from gaining access to basic police dispatch information, making it nearly impossible to cover law enforcement activity. This will be changing.  Last week, both the NY Senate and Assembly passed the “Keep Police Radio Public Act” (S.416/A.3516).  A special thank you to Senate Deputy Majority Leader Mike Gianaris (D. NY 12 - Astoria, Jackson Heights) and Assemblywoman Karines Reyes (D. NY 87 - Bronx) for taking the lead on this important legislation.  It was mostly a party-line vote, with Democrats supporting the legislation. The Keep Police Radio Public Act  will require law enforcement agencies in New York to continue providing professional journalists with access to police communications.  While some law enforcement agencies have expressed concerns with this act,  the legislation limits access to professional journalists.  Criminals will not be able to access police communications.  No New York law enforcement agency has provided any evidence that journalists have been a problem or pose a future problem to police officers.  The legislation pertains to basic dispatch information.  It exempts “sensitive” communications from disclosure.  Under the legislation, the NY Department of State will develop rules governing access to police communications. This agency adopted similar rules regarding journalists’ access to body armor under the New York gun laws.  Our next step is the Governor.  She has not yet taken a position on the bill, and we will be meeting with her.  We expect the opposition to request a veto or fundamental changes to the legislation.  So, we have work to do.  However, this is a big win and a huge step forward. You can see the text of the legislation here .

An interesting article published in Inside Radio  is worth reading.  Pierre Bouvard, Chief Insights Officer for Cumulus Media and Westwood One, wrote an article in his blog explaining why adding AM/FM radio is important for an effective campaign.  The article stated: “Not only is AM/FM the No. 1 mass reach media for those 25-54 years of age, but it’s also tops for those 18-34.  Other key points include that AM/FM generates significant incremental reach to social media platforms and YouTube, with podcasts and AM/FM the primary drivers of audio reach. In short, AM/FM radio makes TV better, elevating the entire media plan with significant incremental reach.” The data, especially the cross-media data comparisons to digital media, are worth reading. You can see the article in Inside Radio here .   You can see Pierre Bouvard’s blog here .

While there are no national elections, there are many contested local elections.  Stations are reminded that the date for local primary elections in 2025 is June 24th.  Accordingly, the lowest unit charge period, which begins 45 days prior to a primary election, will start on May 10th.   For the general election, the lowest unit charge period begins 60 days prior to the election.  In 2025, the general election will be held on November 4th, and the lowest unit charge period will begin on September 5th. Unlike federal elections, stations are not required to provide time for local and state candidates.  However, if you provide time, you then must follow the FCC’s rules.  This means the lowest unit rate periods apply.  Also, if a station provides time for one local candidate, it must provide equal opportunities for all candidates running for the same local office.   For more information, go to the NYSBA political webpage here .

There are bills in the New York Senate (S.1228C) and Assembly (A.606B) that would require advertisers to include a label on any advertisement that contains a human image or voice that was created through AI. The definition of AI is so expansive that it could apply to just about any advertisement that was stored or modified in some way by a computer.  Our concerns are as follows: This is not a consumer bill; if advertising is false or the sponsor is not identified, we are liable under NY and Federal Law, regardless of whether AI is used. This bill simply penalizes local stations for using new AI technology, even where the content of the advertisement is truthful.  The legislation is overbroad and applies to nearly all advertising appearing on local radio and TV stations. Small businesses throughout New York are harmed by the increasing advertising costs. With new technologies, local broadcasters can provide low-cost advertising. Businesses do not want negative labels on their advertisements. By requiring a label or imposing a fine, the legislation effectively limits the ability of a small New York business to access low-cost advertising. In addition, it effectively prevents stations from using new technology to compete against Big Tech. The legislation drives advertising away from local broadcasters and towards Big Tech, because federal law §230 of the Communications Act limits the ability of the state to impose liability for the content on digital platforms. Local radio stations are especially harmed because advertisers will not buy time on a station if they are required to place lengthy labels on popular 10, 15, and 30-second radio spots. Stations receive thousands of advertisements per week from national program distributors.  It is impossible to pre-screen these spots.  Also, local stations may be bound to broadcast them under contract.  Communities suffer because a loss of advertising revenue harms a station’s ability to provide local news and public affairs programs.   We are asking stations, employees, and clients to weigh in to oppose the legislation. We have created a link on our website that will allow people to contact their local NY State Senator and Assemblyperson directly.  We have also prepared radio and TV advertisements. Contact your local New York Senator and Assemblyperson today.  This is being considered by the NY Legislature this week. The legislative session lasts until June 15th.   You can see our memo opposing the legislation here . Contact your local NY State Representative through our website here . Our TV spot can be found here . Our radio spot can be found here . Please check with your GM before broadcasting the spots.

Assemblyman Steve Otis, Chairman of the Assembly Science Committee, has introduced legislation (A.8595) that will help broadcasters.  Broadcasters invest millions of dollars annually to gather and report local news in communities throughout the Empire State. Big Tech companies gather this original news content, usually without consent or compensation, and use it to train their large language AI systems in order to generate summaries of the gathered information.  AI developers use technological tools to scrape original reporting from behind news organizations’ paywalls and to evade technologies designed to prevent unauthorized copying of news content. Big Tech AI developers do not invest in creating  local news content.  They simply take it without permission and repackage it into summaries, which attract readers and advertisers in direct competition with news organizations.  This practice deprives news organizations of the subscription and advertising revenue that enables them to pay journalists. This legislation is narrowly crafted to notify news publishers and broadcasters when their content is being used to train and fine-tune large language AI systems.  It simply requires transparency from Big Tech AI developers.  Pursuant to the legislation, Big Tech companies would be required to maintain a publicly available website listing the news sources they have used to train their AI systems.  The legislation allows a news provider to bring a private cause of action against an AI developer when it fails to list the news sources used to train its large language AI system.  The legislation is fully consistent with federal copyright law. The focus of the legislation is simply to provide transparency.  Liability is imposed on an AI developer solely for failing to list the news sources it has used to train and fine-tune its large language AI model.  This is distinct from copyright liability, which focuses on the use of such content.  Thus, the legislation does not address whether using content to train large language AI systems constitutes “fair use” under federal copyright law—it only requires disclosure. NYSBA strongly supports this legislation.   We are working to get the legislation introduced in the Senate. You can access our memorandum supporting this legislation here . You can access A.8595 here .

Recently, New York City and several other counties have deployed new digital communications systems for law enforcement.  Unfortunately, these new systems prevent journalists from gaining access to basic police dispatch information, making it nearly impossible to cover law enforcement activity. The Keep Police Radio Public Act  has been introduced in the Assembly (A.3516) and the Senate (S.416), which would require law enforcement agencies to continue providing professional journalists with access to basic police communications. In our memo supporting the legislation, we stated: “Journalists have accessed basic police radio “dispatch” communications since the 1930s.  Recently, the deployment of encrypted radios by law enforcement in many communities now prevents broadcast journalists from accessing basic information and thereby undermining our ability to inform the community we serve.  At the same time, we recognize the need to safeguard public safety officials performing their duties.  Achieving both goals, protecting officers and informing the public, has required a delicate balance.  The deployment of new encrypted digital communications systems disrupts this delicate balance, jeopardizing the safety of New York citizens and, ironically, law enforcement officials.  The Keep Police Radio Public Act restores this balance.” Some law enforcement agencies have expressed concerns with this Act.  However, we have noted the following: Providing basic dispatch information to journalists poses no threat to law enforcement. The legislation limits access to professional journalists.  Criminals will not be able to access police communications.  No New York law enforcement agency has provided any evidence that journalists  have been a problem or pose a future problem to police officers. Journalists do not interfere with police communications. Denying professional journalists access forces citizens to rely on untrustworthy social media platforms that endanger the public and police officers. The Sente Bill (S.416), sponsored by Deputy Senate Majority Leader Mike Gianaris, is currently on the Senate floor for a vote.  The Assembly Bill (A.3516) is sponsored by Assemblyperson Reyes. Legislation is also on the Assembly floor for a vote. You can track the Senate Bill S.416 here . You can track the Assembly Bill (A. 3516) here . The links provided above also give you the ability to register your support for the legislation.  We urge you to register your support for these important bills. We strongly support this legislation.  You can access a copy of our Memorandum Supporting this legislation here .

FCC Commissioner Nathan Simington and his new Chief of Staff, Gavin Wax, have published another article in the Daily Caller  focusing on broadcast regulations.  The article focuses on relaxing the broadcast ownership rules and competition from streaming services. With respect to the broadcast ownership rules, Commissioner Simington stated: “To correct this, the FCC should take two bold steps. First, it must modernize its ownership rules to allow traditional broadcasters greater flexibility to consolidate and compete. This does not mean unchecked mergers, but rather smart, targeted reforms that reflect economic realities. Local stations need the ability to scale, pool capital, and share infrastructure, particularly in rural or low-population markets where the cost of operations is high and advertising revenue is shrinking.” With respect to streaming services, Commissioner Simington proposed to treat these services like regulated cable services. “Second, the FCC must reexamine how it classifies and regulates streaming platforms. In 2014, former FCC Chairman Tom Wheeler proposed  reclassifying   streaming platforms as “MVPDs” (multichannel video programming distributors), placing them on equal regulatory footing with cable and satellite operators. Though the proposal failed, it was the right idea and deserves a second look. To regulate fairly, the FCC must adopt a technology-neutral approach. If a service provides multiple linear streams of video programming (as do, for example, cable companies), then it should be treated like a cable company. That includes being subject to ownership limits, content obligations, and transparency rules.” We support the proposed changes.  Local broadcast stations and their competitors must be subject to the same rules.  We are the primary sources of local news and information in communities throughout New York.  If we are to continue providing these life-saving services, we must be treated to the same regulatory regime as our competitors. You can see the article in the Daily Caller   here .

Join us on June 10 at Noon EST for an LBS 2nd Tuesday webinar hosted by Chris Fleming. In this session, learn how to shift your approach, selling like a prosecutor rather than a defense attorney, confidently building a compelling argument. Discover the latest outreach strategies that connect with advertisers, avoid blind benchmarking and misleading comparisons that weaken your pitch, and explore how purpose, not pressure, drives better sales conversations and a stronger culture. Check out the attached flyer! Chris Fleming has thirty-plus years of experience in broadcast media sales and management. His methods and practices have brought large-scale success in big and small markets. Chris teaches success based on key areas of focus—the drivers of the sales business. Everything else is window dressing. Get your media sales training and advice from the front lines. As the world gets more complicated, we must simplify our processes. Success lies in simplicity, which leads to greater results. This webinar is free for NYSBA members in good standing. For more details and to register, click here .

A special thank you to U.S. Representative Grace Meng (D-NY-6), who signed as a cosponsor on the AM Radio For Every Vehicle Act (H.R. 979).  The total number of cosponsors in the U.S. House of Representatives now stands at 184 members, including 11 representatives from New York.  The Senate bill, S.315, has 60 cosponsors, including Sen. Gillibrand.    The following members of Congress from New York have co-sponsored the legislation:   Sen. Kirsten Gillibrand 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. Meng, Grace [D-NY-6]   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. Velázquez, Nydia M. [D-NY-7] The legislation prevents automakers from eliminating AM receivers from automobile dashboards.  We will continue to push to get more members of the New York delegation to sign on to the AM Radio for Every Vehicle Act (H.R. 979).   You can find more information about the legislation here .

The FCC’s Enforcement Bureau issued a Notice of Unlicensed Operation to property owners in the Bronx stating that an unlicensed radio station was operating on 91.3 FM.  The FCC’s Enforcement Bureau stated: “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 91.3 MHz. On February 5, 2025, and February 27, 2025, agents from the New York Office confirmed by direction finding techniques that radio signals on frequency 91.3 MHz were emanating from the property at {[ ]} Hill Avenue, Bronx, New York 10466 (Property).” The FCC notified the property owners that they would be penalized more than $2.4 million if they continued to allow an illegal station to operate on the property.  The Commission also asked the property owners to provide it with the names of the illegal operators. We support the FCC’s efforts to take action against illegal pirate radio operations in New York. A special “thank you” to the folks at the Enforcement Bureaus Region 1 office for a job well done. You can see the Enforcement Bureau's Notice here .

At last week’s FCC meeting, Commissioner Geoffrey Starkes stated that this would be his last FCC meeting.  In other words, he will be leaving before the June meeting. This means that starting in June, FCC Chairman Brendan Carr will have a 2-1 Republican majority.  Commissioner Anna Gomez will be the last remaining Democrat. As a result, Commissioner Carr can proceed with his agenda starting in June.  Of course, Olivia Trusty has been nominated by President Trump as the third Republican Commissioner.  She has been approved by the Senate Commerce Committee and is very likely to be approved by the full Senate.  The question is when.  With Commissioner Stark’s departure, the FCC will already have a Republican majority, so any delay in her nomination will not impact his ability to move forward with his agenda.  Once approved, there will be a 3-1 Republican majority.  President Trump has not named a successor to Commissioner Starks.

On May 22, 2025, over 1,000 students and teachers from more than 50 high schools will gather at Hofstra University for the 8th Annual BASH Awards and Learning Conference, running from 8:30 AM to 1:30 PM. What began in 2017 with just 9 schools and 150 students at Southold High School has grown into the largest student broadcast gathering in the tri-state metropolitan area. The Broadcast Alliance for Senior High (BASH), founded in 2024, is an all-volunteer organization that coordinates the event. This year, BASH is partnering with Island Harvest to collect nonperishable food donations brought by all attendees, and the release of a winning video created by high school students to explore the issue of food insecurity in their community. Participants will engage in over 20 professional workshops on media, journalism, and broadcasting. The day begins with a poster session where 13 schools present their broadcast program highlights, followed by two workshop sessions featuring both industry professionals and student-led presentations. More than 200 video submissions were evaluated by experienced professionals, culminating in a red carpet awards ceremony recognizing outstanding student work. “The focus on student engagement and opportunities to network is a major priority of the BASH Awards and Learning Conference,” said Dr. Matt Coleman, a member of the organizing committee. BASH continues to expand its reach, with new participating schools from New York City and Westchester County. “It’s great to see that our schools have access to this free event,” said Kate Mathews, a steering Committee member. “It promotes media arts as a way for students to enhance communication skills and use their creative talents collaboratively.” About BASH The Broadcast Alliance for Senior High (BASH) is a nonprofit 501c3 organization dedicated to supporting and celebrating student broadcast journalism. Through BASH, the group fosters educational experiences and professional development for high school students and teachers across the region. The event is sponsored by The Lawrence Herbert School of Communication at Hofstra University, ABC 7, Newsday, and Broadfield Distributing, with other contributors including The Southold School Educational Foundation, Ms. Shannon Coggin,s and a matching gift from Hearst Television. Media Contact: David Gamberg President, Broadcast Alliance for Senior High (BASH), Inc. david@broadcastalliance.org (631) 806-6437 View the BASH website here .

As we have reported on several occasions, more than 20 years ago, the Courts found that using data from the Annual EEO Form 395B was unconstitutional. The old form required detailed information regarding the race, gender and ethnicity of a station’s workforce. As a result, the FCC stopped requiring stations to report data on an annual basis. Last year, the FCC reinstated EEO Form 395B and tried to get around the prior court decision. Instead of using the detailed workforce data for enforcement, the FCC created a new rule requiring a station to make its workforce data public. The U.S. Fifth Circuit Court of Appeals just struck down the regulation, ruling that the FCC lacked the authority to enact these rules. Importantly, it concluded that the “public Interest standard” was not enough to give the FCC statutory authority to enact this rule: "The FCC undoubtedly has broad authority to act in the public interest. That authority, however, must be linked “to a distinct grant of authority” contained in its statutes. ... The FCC has not shown that it is authorized to require broadcasters to file employment demographics data or to analyze industry employment trends, so it cannot fall back on “public interest” to fill the gap. ... Accordingly, the FCC lacks statutory authority to require broadcasters to disclose Form 395-B in the public-interest provisions that it cites." Form 395B would have imposed significant burdens on stations to collect the data. It also forced stations to make employment information, including sensitive gender information, public. FCC Chairman Brendan Carr issued the following statement on “X.” “An appellate court just struck down the Biden FCC’s 2024 decision to force broadcasters to post race and gender scorecards. As I said in my dissent back then, the FCC’s 2024 decision was an unlawful effort to pressure businesses into discriminating based on race & gender.” We do not expect the rule to be appealed or reinstated. Importantly, this decision applies only to the FCC’s data collection, publication requirements, and issues related to Form 395B. It did not strike down the FCC’s underlying EEO rules. Those rules remain in place. You can see our previous stories on Form 395B here . A copy of the court’s decision can be found here .

There has been a mistaken belief that the FCC’s regional enforcement offices are not going out into the field to examine stations.  This is simply incorrect.  The FCC’s Region 1 Enforcement Bureau has been very active.  For example, they are actively taking enforcement actions against illegal pirate radio operations. Importantly, the FCC is looking at stations’ facilities, especially tower lighting.  In the past few months, it has issued two Notices of Violation against tower operators in New York.  The FCC’s rules are clear: 47 CFR § 17.57: “The owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 5 days of completion of construction (FCC Form 854-R) and/or dismantlement (FCC Form 854).  The owner must also notify the Commission within 5 days of any change in structure height or change in ownership information (FCC Form 854).” Failing to meet FCC tower lighting rules is serious.  The last thing a station needs is to have an aircraft collide with its tower because it is not properly lit. MAKE SURE YOUR TOWER MEETS FCC TOWER LIGHTING REGULATIONS. You can see the FCC’s Notice of Violation for a tower in Pomona, NY, here . You can see the FCC’s Notice of Violation for a tower in Utica, NY, here .