18 issues in 18 minutes what a broadcaster should worry about from washington dc david oxenford...
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18 Issues In 18 Minutes
What a Broadcaster Should Worry About From Washington DC
David Oxenford
Momentum ‘09
September 10, 2009
www.broadcastlawblog.com
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1. Localism – Programming Issues
Quantitative programming requirements as to
amount of news, public affairs or local
programs
Community Advisory Boards
Fairness doctrine through the back door?
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2. Localism – Studio Location
Potential for main studio in city of license
Even if it does not return, possibility of enhanced requirements for programming obligations on issues of importance to your city of license
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3. Localism – Manning Main Studio
Proposal for manning during all hours
of operation
Likely more requirements for
coordination with local authorities in
case of emergency
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4. Current Main Studio Rules
Manned during normal business hours
2 employees report there as principal place
of business At least one must be management employee
Need to be able to originate programming
and control the station from the “main studio”
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5. EAS
Need to monitor primary stations Need to keep track of required tests in
Station Log (which means that you need to make sure that you have a “Station log”)
Need to make sure that the equipment works!
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6. Auxiliary Licenses
STLs and RPUs – make sure they are
licensed and on correct frequencies
Satellite dishes – make sure they are timely
renewed
Make sure that you notify FCC of completion
of construction of new stations
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7. Public File
Accessible during normal business hours to all who ask
Ownership information FCC applications Letters from the public about station operations LMAs/JSAs QPIs
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8. Quarterly Programs Issues Lists
Quarterly Requirements to place list of
issues to community in file and programs that
address those issues
Kept for entire renewal period
Biggest source of fines during license
renewal time
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9. Sponsorship ID
If you get compensation for airing programming, you need to acknowledge that fact on the air
Payola But not just applicable to music programs Apples not just your employees - syndicators too –
you need to ask if they have been paid If you get something for free in exchange for saying
something on the air, acknowledge it!
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10. Noncommercial Underwriting Announcements
No call to action
No qualitative claims
No price information
Must be short and boring!
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11. EEO
Big push at FCC recently – more fines, more review of EEO performance of Station Employment Units with 5 or more full time employees
Religious broadcasters can decide which positions need religious affiliation, but must then recruit within those with affiliation
Wide dissemination among the entire community Supplemental efforts to educate the community on broadcast
employment opportunities Review your program to see if you get interviewees from
outside traditional broadcast sources (consultants and word of mouth)
Recordkeeping!
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12. Technical Operation
Stay on frequency Stay within authorized power AM stations with day/night power or pattern
differences – observe them! If something goes wrong – ask for STA –
don’t ignore problems and hope that no one will notice
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13. Tower Lights, Paint and Fences
Make sure lights are working Make sure paint is visible If light problem – notify the FAA Fence and mark areas of high RF Make sure fence really keeps people out Tower registration number needs to be
visible outside fence
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14. Translators
Challenges for spectrum LPFM challenges AM stations want more translators
Make sure that they are operating correctly – easy to overlook problems, but treat problems like you would for any station or fines can result
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15. Contests
Adopt clear rules
Anticipate issues in rules Ties, unavailability of the prize, multiple winners
Announce material rules on the air
Follow the rules
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16. Copyright Issues
Don’t use someone else’s content without permission
Places where I see issues: Slogans, liners and positioning statements Recorded music used in commercials and promos Movie or TV bits incorporated into radio program
Be careful with the use of pictures and other materials created by independent contractors
Websites make you a target
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17. Streaming Fees
Pay those royalties
Make sure that you have signed up for
right deal
Keep records and submit them as
required
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18. Performance Royalty
Watch out for this Even though NAB has majority of Congress
on broadcaster’s side, that can change Proposals limit small broadcaster’s liability –
but remember all broadcasters were to be exempt 10 years ago when royalty first adopted – the law today can change tomorrow – beware of the foot in the door
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Overtime….
Indecency (phone call issues in particular)
Ownership reports – new requirements
ASCAP/BMI/SESAC
HD radio power increases
No airing phone calls without prior
permission – no taping for airing either
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18 Issues In 18 Minutes
What a Broadcaster Should Worry About From Washington DC
David Oxenford
Momentum ‘09
September 10, 2006
www.broadcastlawblog.com