In an interesting article in Inside Radio , FCC Chairman Brendan Carr articulated his regulatory approach to broadcasting.  He intends to promote local broadcasting: “We want local broadcasters to feel empowered to actually serve the interests of their local communities and not simply become a pass-through for nationwide content coming principally from Hollywood and New York,” Carr said. “If you look at a lot of what we're doing on media, it can be explained by trying to drive towards that goal.” This is a different focus than previous Commissions.  It will be interesting to see how this policy will be implemented.   You can see the full story in Inside Radio   here .

Last year, the Supreme Court in SEC v. Jarkesy ruled that administrative agencies can’t issue a fine without giving an entity the right to a jury trial to dispute the monetary penalty.  Based on this case, the U.S Court of Appeals overturned a $57 million fine on AT&T that was imposed by the FCC for not protecting location data for its mobile phone users. It is not clear whether this case will be extended to fines imposed on broadcasters.  Some fines, such as operating a PIRATE Radio station, are established by statute.  In addition, in many instances, the FCC is subject to de novo review by a federal district court.  In other words, entities that receive fines (Notice of Apparent Liability) from the FCC have the ability to go to federal court to get them reviewed.  FCC Commissioner Simington has routinely dissented from all FCC fines.  He notes that the FCC’s fining authority should be reviewed.  While Chairman Brendan Carr has not opposed the issuing of fines, the AT&T case raises important questions about the FCC’s authority in this area.  This does not mean the FCC is precluded from issuing fines to broadcasters for violations.  Rather, it simply raises the beginning of a potential legal question.  Stay tuned. You can see Commission Simington’s statement regarding fines in a typical case here . You can see the Fifth Circuit Court of Appeals Decision in ATT vs. FCC   here .  You can see the Supreme Court’s decision in SEC v. Jarkesy   here .

For years, NYSBA has opposed legislation at both the federal and state levels proposing to make Daylight Saving Time permanent.  Making such a change between states just for New York raised obvious problems with commuting and radio “drive times.’  It would raise havoc with radio and TV schedules.  However, even a uniform federal change would have a negative impact on radio.  A permanent daylight saving time would delay sunrise by one hour.  During the winter, this means sunrise may not occur until 7:20 AM.  As a result, many AM stations, especially AM daytime stations, would remain at lower power levels or “off the air” during the highly valuable morning drive time.  It may be difficult to make up for this loss by extending sunset for an hour at the end of the day. It appears that a permanent, nationwide daylight-saving time proposal is gaining support in Washington.  The key issues are the problems associated with changing the clocks in the spring and fall.  A consensus is building to “lock the clock.”  The Senate Commerce Committee held a key hearing on April 10th.  It also appears President Trump is getting behind the effort.  We will keep you posted on this important issue for AM stations. You can see the Senate Commerce Committee hearing here . You can find an excellent article in Politico highlighting the issue here .

According to the NY Federal Reserve survey of NY business leaders in April: “Business activity in the region’s service sector declined significantly for a second consecutive month, according to firms responding to the Federal Reserve Bank of New York’s April Business Leaders Survey.  The survey’s headline business activity index came in at -19.8, its lowest level in more than a year.  The business climate index dropped nine points to -60.7, its lowest level in more than four years, suggesting the business climate was considerably worse than normal.  Employment held steady, and wage growth remained moderate. Supply availability worsened.  Input price increases and selling price increases were little changed.  After turning pessimistic about the outlook last month, firms became even more negative, with half now expecting activity to decline in the months ahead.”  View the complete survey and other important marketing data on the NY Federal Reserve website here .

As most of you know, there is copyright liability for streaming your station's content over the web, including royalties for mobile apps and “smart” speakers.  SoundExchange is a non-profit corporation that has been designated by the copyright Royalty Tribunal to collect and distribute royalties for web-based performances on behalf of all recording artists and copyright owners. The proposed settlement involves non-subscription-based digital audio transmissions, which encompass most of a radio station’s streaming services.  Currently, the rate is $0.0025 per performance.  Under the proposed settlement agreement, the rates would increase as follows: 2026 - $0.0028 per performance 2027 - $0.0029 per performance 2028 - $0.0030 per performance 2029 - $0.0031 per performance 2030 - $0.0032 per performance  The proposal also includes a shortening of the monthly payment cycle from 45 to 30 days. However, the plan does propose to reduce and cap late fees.  There are a lot of details in the proposal that should be examined. The proposal must still be approved by the copyright tribunal. You can access the joint NAB/SoundExchange press release here . You can see the NAB/Sound exchange settlement proposal here . A good discussion of the issue by noted communications attorney David Oxenford can be found in his broadcast blog here .

The first step in the confirmation of FCC nominee Olivia Trusty was held last week.  She is expected to be confirmed by the full Senate.  Once on board, FCC Chairman Brenden Carr will have a solid Republican majority and should be in a position to implement his agenda. At the hearing, Trusty was questioned extensively about her views on the First Amendment and whether she will be “independent.”  From a broadcaster's perspective, she recognized that our competitive landscape has changed, and policies should be enacted to allow stations to compete in the digital age. You can access the Hearing before the Senate Commerce Committee here .

Last month, NYSBA met with members of the New York delegation and urged them to support modifying the FCC’s broadcast rules. Most of these rules were enacted during the “analog era” and before competition from digital services existed. The NAB has launched a campaign to inform Congress about these outdated rules. It has created a new website to encourage stations to lobby for changes to the FCC’s ownership rules. NAB notes, “Broadcast stations like yours are being forced to compete against massive Big Tech companies with one arm tied behind your back, thanks to outdated regulations from decades ago.” The website encourages stations to broadcast messages on air that support these efforts. Stations are urged to use these messages in the next few months. You can access the NAB spots and supporting information here . You can register your support by contacting your local member of Congress online here .

NYSBA, along with other state broadcast associations, filed comments in the FCC’s “Delete, Delete, Delete” proceeding.  Importantly, this proceeding merely asks for the types of regulations that should be examined.  Nonetheless, it is an important exercise to establish which rules should be considered.  The comments asked the FCC to modify the following rules: EEO:  The FCC should eliminate its regulations seeking to micromanage the recruitment, hiring, and promotion of broadcast employees.  This includes all the associated EEO recording, keeping, and reporting requirements found in §73.2080(b), (c), (d), (e), (f), and (g) of its rules. Filing Station Contracts: The FCC should eliminate the filing of station contracts and the reporting requirements in §73.3613 and related rules. Public File: The FCC should eliminate from the public most or all documents that are not currently automatically inserted by the FCC. Including: Quarterly Issues Programs Lists should be eliminated       The Annual EEO Public File Report and Associated Audit Response filing requirements should be eliminated  The requirement to file biennial ownership reports should be eliminated             The detailed reporting of children’s television programming preemptions Again, these comments merely help “set the table.” For these rule changes to take place, the FCC must commence additional proceedings on each rule. You can see the comments of state broadcast associations here .

Join the Ten Minute Trainer Network on April 22 at noon EST for a webinar titled "Women in Leadership: The Power of Words." Communications expert Tammy Wellbrock will cover how language shapes leadership, confidence, and connection. This session will explore: The art of storytelling and its role in leadership Communication skills that foster trust and impact Overcoming barriers that often hold women back Navigating the emotional impact of words—both positive and negative This webinar is a can't-miss live event and is free for NYSBA members in good standing. Click here to register.

At its meeting on April 28th, the Commission is proposing to codify its foreign ownership rules. The Communications Act § 310(b) requires the FCC to approve foreign ownership or investment in communications systems, especially broadcast stations.  The FCC has traditionally examined foreign ownership issues on a case-by-case basis.   It now feels that the policies should be codified in specific rules. “While the Commission encourages foreign investment in licensees subject to section 310(b) of the Communications Act of 1934, as amended (the Act), certain foreign investment may raise national security risks and other concerns. To account for increasingly complex foreign ownership structures over the past decade, the Commission has adopted certain practices but has never codified these legal requirements into the rules.” Specifically, the proceeding would: Propose to codify existing policy regarding which entity is the controlling U.S. parent; Propose to codify the Commission’s advance approval policy regarding certain deemed voting interests; Propose to require identification of trusts and trustees; Propose to extend the remedial procedures and methodology to privately held companies; Propose to add requirements regarding the contents of remedial petitions; Seek comment on requiring the filing of amendments as a complete restatement to petitions for declaratory ruling; Propose to clarify U.S. residency requirements; and Seek comment on other potential opportunities to alleviate unnecessary regulatory burdens in the context of our foreign ownership review under section 310(b) of the Act.   With regard to broadcast licensees only: Seek comment on how the Commission should process applications filed by a broadcast licensee during the pendency of a remedial petition for declaratory ruling under section 310(b); and Seek comment on other foreign ownership considerations related to the processing of Noncommercial Educational (NCE) and low-power FM (LPFM) stations. If the FCC moves to relax some of its ownership rules, that may help stimulate investment in broadcasting.  This could include foreign investment, especially for stations along the border with Canada.  So, this issue may be very important for New York stations. You can see the FCC’s proposed rules here .

In the House of Representatives, 150 members of the House have endorsed the legislation.  This includes eight members of the New York delegation, including Rep.  Elise Stefanik and Rep. Andrew Garbarino, who signed last week:   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. Riley, Josh [D-NY-19]             Rep. Stefanik, Elise M. [R-NY-21 Rep. Tenney, Claudia [R-NY-24] Rep. Velázquez, Nydia M. [D-NY-7]             We continue to push to have the legislation scheduled for a vote before the House Energy and Commerce Committee.  The bill passed the House Energy and Commerce Committee last year by a 44-2 vote and had 270 co-sponsors.    As we reported previously, Senator Kirsten Gillibrand has officially signed on as a cosponsor of the bill (S.315).  The legislation now has 60 Senators signing on to the bill, which gives it a “veto-proof” majority.  It passed the Senate Commerce Committee earlier this year by a 27 to 1 vote.  Now, the question is whether Senate Majority Leader John Thune (R-SD) will bring the bill to the floor for a vote.   NYSBA has contacted all members of the New York delegation and is urging them to cosponsor this important legislation.  We will keep you updated.

As expected, NAB has written to FCC Chairman Brendan Carr and asked that the FCC eliminate the national ownership rules for television.  The rules, enacted during the analog era, currently limit television station ownership audience reach to 39% of U.S. TV households.  (UHF stations are considered to have half the reach of VHF stations.) NAB’s letter is a well-thought-out critique of an antiquated rule.  It begins with the following observations: “The Commission has maintained rules strictly limiting the ownership of broadcast television stations nationally for nearly 85 years. 1 For more than two decades, the national TV rule has prohibited any entity from owning local commercial TV stations reaching, in the aggregate, more than 39 percent of the total number of TV households in the nation. 2 This outmoded rule prevents broadcasters – but not any other video service providers – from competing for audiences and vital advertising revenues across the county and harms the public’s free, over the-air (OTA) television service. The time to eliminate this harmful restriction is now.” The letter goes on to document the current state of the marketplace.  The rise of streaming and the ability of a few digital platforms to obtain more advertising revenue than ra dio and television combined.  It argues further that the rules harm a local station’s ability to compete and serve its community.  This is a marketplace that was never envisioned when the rules were last revised in the 1990s. The letter is worth reading.  As noted previously, NYSBA supports the elimination of the FCC’s national ownership caps.  We also support a complete revision of the radio ownership rules. You can access NAB’s letter here .

NAB has filed a petition for rulemaking with the FCC requesting a fundamental change in the approach to EAS.  It is proposing that EAS participants be allowed to use software-based EAS devices instead of the current hardware-based system.  According to the petition: NAB followed three guiding principles in creating this proposal.  First, any products or systems used to implement this option must function seamlessly within the legacy EAS system, as well as existing broadcasting systems and equipment.  Second, baseline EAS functionality must not be impacted.  Finally, use of any resulting products or systems must not be mandatory, only voluntary, and only implemented pursuant to the good faith judgment of each EAS Participant. NAB notes the urgency of its petition in part because of “[T]he recent decision of Sage Alerting Systems, one of the two remaining EAS device vendors, to cease production of its endec device due in large part to supply-chain problems acquiring legacy parts for original EAS hardware-only designs.”  It also noted that it first proposed a software-based system in 2022. According to the FCC, comments on the NAB’s proposal are due May 2, 2025.  You can see the NAB’s Petition for Rulemaking here . The FCC’s Public Notice Soliciting Comments can be seen here .

At NAB’s small market forum, Pierre Bouvard, Chief Insights Officer for Cumulus Media and Westwood One, outlined some key facts regarding radio and competitive audio platforms.  An article in Inside Radio  reported: “Bouvard displayed stats from Edison Research’s Share of Ear, which shows that of all ad-supported media, AM/FM radio commands 69% of audio time spent among persons 18+.  Podcasts are next with 16%, followed by minimal shares for ad-supported Pandora, Spotify, and SiriusXM—all in the single-digit share range.” The analysis continued, noting that AM-FM radio has the largest share of the audience among key age groups. “Among persons 25-54, AM-FM radio has the largest monthly reach across all ad-supported media, with 88% of the share.  Linear TV follows with 73%.  Podcasts account for 64% of the monthly share, while AM/FM streaming is 19%.” The article is worth reading.  You can see the article in Inside Radio here .

As we reported previously, support for the AM for Every Vehicle Act continues to grow.  We are pleased to report that Senator Kirsten Gillibrand has officially signed on as a cosponsor of the bill (S.315).  The legislation now has 60 Senators signing on to the bill, which gives it a “veto-proof” majority.  It passed the Senate Commerce Committee earlier this year by a 27 to 1 vote.  Now, the question is whether Senate Majority Leader John Thune (R-SD) will bring the bill to the floor for a vote. In the House of Representatives, 143 members of the House have endorsed the legislation.  This includes six members of the New York delegation.  Given this level of support, we are trying to get the bill scheduled for a vote before the House Energy and Commerce Committee.  The bill passed the House Energy and Commerce Committee last year by a 44-2 vote and had 270 co-sponsors.  NYSBA has contacted all members of the New York delegation and is urging them to cosponsor this important legislation.  We will keep you updated.  Thank you, Senator Gillibrand!

In its latest forecast, BIA projects that radio will hold on to its position in a highly competitive marketplace.  An article in Radio Ink  reported on BIA’s findings: Local radio continues to hold its place as the fifth-largest advertising medium in the $171 billion local US ad marketplace.  BIA Advisory Services’ new forecast projects total local radio advertising revenue, including over-the-air and digital dollars, to hit $12.3 billion in 2025. You can see more on BIA’s analysis in Radio Ink   here .

As the FCC gears up to update many of its antiquated rules, 73 members of Congress have sent a letter to the Commission encouraging it to move forward.  The letter called for immediate action to modify its rules to reflect current marketplace realities that harm local broadcasting.  The letter noted: “Existing broadcast ownership regulations do not reflect today’s competitive media landscape.  These rules originated in the 1940s – before cable television became ubiquitous and long before the emergence of digital platforms that now dominate the media and entertainment industries.  While the FCC has made incremental adjustments over the decades, the fundamental ownership restrictions have remained largely unchanged since the 1990s, imposing undue constraints on broadcasters’ ability to innovate and invest in local content.” We are happy to report that three members of the New York delegation signed on to the letter: Rep. Nick LaLota [R. NY-1]    Rep. Mike Lawler [R. NY-17] Rep. Nick Langworthy [R. NY-23] We anticipate that the FCC will begin to move forward once there is a majority of Republicans serving on the Commission.  There are two possible scenarios.  First, when Commissioner Starks leaves the FCC later this spring.  Second, when the Senate confirmed Republican Olivia Trusty as a new commissioner. You can see a copy of the Congressional letter here .

We're pleased to announce that the LBS New Seller Program registration is now available for FREE to all qualified LBS members! This opportunity is made possible thanks to your State Broadcasters Association.  We can't wait to see your new seller thrive! This seven-week program is designed to get your new sales team members street-ready by blending convenient at-home/in-office online learning modules (2+ hours per week) and live, online classes (1 hour per week). This flexible approach allows your new sellers to learn at their own pace while still having plenty of time to build their business and grow their client lists in the field. As participants progress through this program, your new sellers will earn valuable certifications that will boost their confidence and help them stand out in the market.  Rest assured, since this is an LBS initiative, you can expect nothing less than world-class quality and content. Don’t miss out on this fantastic opportunity! Our next session begins on April 23, 2025, and runs for seven consecutive Wednesdays from noon - 1:00 ET.  Register early, as spaces are limited—secure a spot for your new hire now!  Invest in their future by providing them with essential skills for a successful broadcast and digital advertising career. This program is offered to NYSBA members in good standing free of charge. For more details and registration information about the LBS New Seller Program (available to you for free while seats last), please check out our attached flyer or click here . You can register for the program here .

Back by popular demand, media sales expert Jason Younger returns for a follow-up session to "From Across The Desk: The Business Owner’s Perspective of the Sales Process." In this session, learn how to sell smarter to local businesses. Join us on April 8th at noon EST as we continue the conversation and dive even deeper into what small business owners truly value. In this live session, Jason will share: Real-world insights into the challenges and opportunities local businesses face Common missteps sellers make in the sales process—and how to avoid them Strategies to position yourself as a trusted partner, not just another salesperson Actionable marketing solutions that drive real results This is free for NYSBA members in good standing. Click here to register.

Are you ready to powerfully enhance your sales experience, sharpen your skills, and elevate your daily strategies?  Embracing your role and responsibilities as a rigorous self-sales coach is your ticket to unprecedented success.  Imagine effectively managing your time, holding yourself accountable, and consistently exceeding your goals.  This is not only possible, it’s within your reach!  Remember, closing sales only occurs when you connect with clients, whether over the phone or in person.  It’s time to take charge of your self-development in new ways that will place you in the top 10% of sellers in your market. Join us as we explore actionable steps to enjoy broadcast selling at an entirely different level.   The session features Gary Moore, President and co-owner of Insight Edge, Inc. and Local Broadcast Sales, and has worked with over 6,000 broadcast, print, and digital media companies and retailers nationwide.  He partners with media companies in professionally developing leaders and sales teams to integrate traditional media with digital solutions to build new revenue, increase market share, improve communication, and enhance strategic services.   This session is a must for sellers, sales managers, and station owners. Don’t miss out! This webinar is offered to NYSBA members in good standing free of charge.   More details and free registration here .