Summer 2011 Vol 16 • No. 2 MBA Files Comments on IN THIS ISSUE

Retransmission Consent Letter from the Editor From Dick Zaragoza, Pillsbury Winthrop Shaw Pittman LLP

On Friday, May 27th, The Associations contended that the Commission MBA Files Comments on Broadcasters Association joined the other would be acting in an arbitrary and capricious Retransmittion Consent State Broadcasters Associations in filing way if it were to eliminate either of those rules. comments with the FCC in strong support Time for FM Chips of the current statutory scheme guaranteeing We maintained that informing and empowering in Cell Phones

the must carry/retransmission consent rights subscribers, not government intervention, is the [email protected].

of our Nation’s free, local, ubiquitous, only lawful and otherwise appropriate way to to submissions your Send newsletters! Broadcast Media There in FROM THE EDITOR Airwaves future in submissions best commercial and noncommercial television address potential MVPD service disruptions. AIRWAVES Times of Trouble

broadcast stations. We expressed pleasure Accordingly, in order to ensure that consumers the of some feature We’ll charity. local

that the Commission had, in its NPRM, again are not caught unaware in the atypical a to wrote you check huge that about As Mr. Miyagi said in “The Karate Kid,” Brag of. proud really you’re that contest

expressly acknowledged that it does not circumstance when retransmission consent “First learn stand, then learn fly. Nature a about Write events. station your of negotiations reach an impasse and that such rule, Daniel-san, not mine.” It’s been possess the requisite statutory authority to

a little over a year since I took over as impose mandatory interim carriage or binding consumers are sufficiently empowered to protect pictures us Send different! and unique Executive Director of the Massachusetts that’s doing you’re what about us Tell

arbitration even in the rare circumstance where themselves, we urged the Commission to amend

Broadcasters Association and I think Section 73.1603 of its rules (advance notice you? about what us, about Enough I’ve finally learned to stand. I’m now the parties fail to reach a mutually agreeable Broadcast Media There in Times of Trouble intimately familiar with the issues arrangement through their retransmission required before any signals are deleted) by (i) us… about Enough For decades, radio and television have been the that affect you and your stations. consent negotiations. We contended that if, applying the rule to all MVPDs, (ii) expanding media that the public has turned to during an The Alternative Broadcast Inspection the advance notice from thirty (30) days to sixty Program, thanks to Bob Shotwell of as is clearly the case here, the Commission emergency. Today, not much has changed. With Spectrum Investigative Services and may not directly undermine the must carry/ (60) days; and (iii) requiring MVPDs to waive the recent disaster in and around Joplin, Missouri Anne Shea in the MBA office, has retransmission consent rights of television any termination fees for subscribers who wish and more recently in our own backyard in continued to run smoothly. All of the to terminate their service in response to a notice great things that the MBA has provided stations, it follows as a matter of law that the Springfield, local broadcast media has been the glue issued pursuant to Section 73.1603, as amended. over the years are still going strong. Commission may not indirectly undermine that has kept the community together. Now, however, it’s time to learn to fly. those rights. We showed that the Commission’s In summary, we argued that the must carry/ A recent CNN.com article described the immediate And it starts in September. I urge you proposal to eliminate the network non- retransmission consent scheme enacted by aftermath of the Joplin tornado saying, “For the first to participate in the 2011 MBA Annual duplication and syndicated exclusivity rules PRSRT STD Meeting, as I hope it is the start of Congress is working as intended, and thus 24 hours, there was no electricity. Both cell phones something special for our organization. would undermine those rights by removing the U.S.POSTAGE PAID there is no need to fix it. However, we did and land lines were out, as was Internet service. One, our first ever digital seminar ability of television stations to deny an MVPD PERMIT NO. 417 acknowledge that all consumers who are All that people in Joplin had were battery-powered acknowledges the importance of the the programming that the television station had MANCHESTER, NH Internet age in broadcasting. Twitter, subscribers to MVPDs would clearly benefit transistors.” It was at that time that radio became developed or acquired at great expense, even Facebook, streaming, mobile apps if the Commission were to amend Section the sole voice the public could rely on. in the rare circumstance where the station and and more can’t be overlooked and can 73.1603 as proposed in our comments. Such be a great source of revenue for your the MVPD were unable for any reason to come station. Luckily, the training doesn’t action would further empower those consumers Many radio stations, regardless of format, turned to mutually acceptable retransmission consent have to stop (or start) with the seminar. to better protect themselves in the rare instance VISIT US ONLINE AT WWW.MASSBROADCASTERS.ORG to round-the-clock coverage of the disaster – often Courtesy of WWLP-TV terms. Given the undermining effect that the LocalBroadcastSales.com features lots where retransmission consent negotiations may Job Banks | Member Lists | Legal Information | Everything You Need To Keep Your Station Up-To-Date going commercial-free. Emergency workers of great digital training material. Check elimination of the network non-duplications lead to an impasse. drove to stations to provide the critical information time is of the essence: warning folks of the the Western part of Massachusetts, the media it out! Two, the entertainment that and/or syndicated exclusivity rules would follows the seminar could be the start the public needed, from where to seek medical coming dangers, helping them prepare and get to response was much the same. The Clear of something big. It was the idea of have on the must carry/retransmission consent attention to where they could find information about safety, and finding help after the immediate crisis Channel cluster in Springfield, managed by MBA Chairman Bill Pepin of WWLP-TV. scheme established by Congress, the State the missing. is past…The point is that what you do matters. Sean Davey, saw their afternoon host go live on He charged us to create something that can bring broadcasters in Massachusetts Not sometimes; all the time. Not in theory; in the the air from 5PM to midnight relaying critical together. An event to eat, drink and chat Recently, in a speech to the Missouri Broadcasters real world.” information to those who needed it. Just a mile about the great industry in which we’re Association, Governor Jay Nixon said to away from the studio, power was out and the all lucky enough to work. Stay tuned broadcasters in attendance, “You play a critical role Closer to home, on the afternoon of June 1, tornadoes full devastation could be seen. to massbroadcasters.org, your mailbox in getting accurate information to the public when when at least three tornados touched down in and our Facebook page because we’ll CONTINUED INSIDE be announcing a great venue and great entertainment soon. I hope you will join me in helping this organization transition IN THIS ISSUE from standing to flying and beyond.

MBA FILES BROADCAST COMMENTS ON TIME FOR FM MEDIA THERE LETTER FROM RETRANSMITTION CHIPS IN CELL IN TIMES OF THE EDITOR CONSENT PHONES TROUBLE OFFICIAL NEWSLETTER OF THE MASSACHUSETTS BROADCASTERS ASSOCIATION

MBA 780 Airwaves Summer 2011.indd 1 6/16/11 8:34:34 AM Upcoming Time for FM Chips in Coming Soon – Broadcast Media There in Times of Trouble cont. “I personally want to thank WMAS Above the local disaster coverage on television for their coverage of the weather and radio, it is local broadcast stations that hold Events Cell Phones A New Directory! yesterday! I’m on the road all day countless telethons and radiothons to help those in You’ve spoken and we’ve listened! The online The Massachusetts Broadcasters With each natural disaster that strikes the U.S., The weight added by an FM directory at massbroadcasters.org is being need. Disasters like Katrina, earthquakes in Haiti and without your updates I would Hall of Fame broadcasters have become more and more aggressive chip would be only a few and Japan and now tornadoes in Missouri and in their push to have FM chips become standard in grams. revamped! We’re working on a completely have taken different routes yesterday searchable and sortable online directory to re- Massachusetts have all seen local stations and their The Massachusetts Broadcasters Hall of Fame will today’s (and tomorrow’s) cell phones. Currently, that would have put me in harms hold their 5th annual Awards Luncheon and Induction there are few phones that support over-the-air FM Batteries would take place our annual printed directory. The world of communities step up and give. Recently a station ceremony on Thursday, September 15th. The event radio. Notably absent from the list are the most the brunt of FM is ever-changing and we want our in New Hampshire sent a truckload of food to Monson, MA–Courtesy Erik Kaiser way or at the very least in bad will start at noon at the Marriott Quincy Hotel. popular smart-phones, including all Blackberries. – False. An FM chip members to be able to access the most up-to-date those in Joplin, their afternoon show tagging along. wouldn’t require data traffic situations. Your coverage was information possible. Keep an eye out on the Stations in Massachusetts promoted Red Cross In 2010, the Hall of Fame inducted 16 of As the National Association of Broadcasters writes, usage, making it a very MBA blog and Facebook page to find out when informative without inciting panic. Massachusetts most legendary broadcasters, “Nearly everyone has a mobile phone – it’s how efficient use of your phones donations, drop-off locations for food donations the directory goes live! including famed Celtics broadcaster Johnny Most, people keep in touch with family and friends while battery. A user can expect and more. Thank you all!” long-time WCCM voice Bruce Arnold and television on the go. For little cost, manufacturers can include more than a full day’s worth of icons Janet Wu and Tom Ellis. a receiver for broadcast radio in mobile phones radio listening on a single charge. In the last decade, broadcast media has faced that would give consumers a convenient new way Courtesy of WWLP-TV adversity from the performance tax to battles with Bonnie Baer-Green– posted on 94.7 WMAS - Springfield, MA’s The mission of the Massachusetts Broadcasters Hall to access free radio service, and more importantly, The most useful argument for stations remains the retransmission consent, spectrum auctions and of Fame at Massasoit Community College is to honor capability to relay information in an emergency. Facebook wall. improve public safety by ensuring that broadcasters’ A Twist to the ’s WMAS and WHLL- the threat of involuntary repacking of channels. the Massachusetts broadcasting industry’s most Emergency Alert System (EAS) messages and critical When power is out, cell towers are down or noteworthy members, commemorate their singular AM, led by General Manager Craig Swimm, In spite of these hurdles, time and time again information reach the widest possible audience.” overwhelmed and there is no Internet, radio remains Main Street, Springfield, MA–Courtesy John Baibak achievements and meritorious contributions to the the best way for officials to communicate information MBA also stepped up to the plate during the disaster. broadcasters prove that above all else, they broadcasting profession, and to preserve their work The arguments put forth by FM chip opponents are and, let’s be honest, not everyone has a battery When asked about broadcasters actions after the are ready, willing and able to serve their local for future generations. largely exaggerated: powered radio handy at all times. FM chips in tornadoes, Swimm said, “I’m extremely proud of communities in good times and in bad. phones would help reach the vast majority of the Annual all the local broadcasters in Springfield—tornadoes For more information log on to The cost of making a phone “radio ready” is high population, quickly and affordably. MassBroadcastersHoF.org. – False. The price of adding FM capabilities to are not the norm in Massachusetts, but everyone phones is thought to be less than the cost of a candy So what can your station do to help? The next time Meeting pulled together to get the message out as quickly as bar. According to a recent poll, three out of four your Congressman or Senator is sitting in your studio Keep an eye on your mailbox because your invitation possible—we had ten minutes to warn the public East Forest Park, Springfield, MA–Courtesy of Matt Gregory NAB Radio Show – Chicago consumers said they’d pay a onetime fee to ensure or attending an event where you’re doing a remote to the Massachusetts Broadcasters Association’s before the first tornado hit—the EAS system their phone is “radio ready,” with access to free, local broadcast, bring it up! Ask them to advocate for Annual Meeting is coming soon! This year, we are worked, and every broadcaster should be extremely The 2011 NAB Radio Show will be held at the Hyatt radio stations. radio-enabled cell phones. For more information, log proud to announce an MBA “first.” Stephen Warley of hours later with continuing coverage of the disaster. Regency Chicago Sept. 14-16 and features a dynamic proud that we all saved lives that day.” on to radiorocksmyphone.com. LocalBroadcastSales.com will be presenting a seminar These stations aired stories of recovery, clean-up, lineup of sessions, events and networking opportunities An FM chip would make phones too heavy – False. on all things digital entitled “Jump Start Your Digital Local television – in Springfield on stations like how to make donations to help those affected highlighted by the Marconi Radio Awards Reception, Sales.” Dinner & Show on Thursday evening. In 2010, WBZ- and even stories about insurance questions that A list of phones (as of March 2010) that came with installed FM chips. WWLP, regionally on Boston stations WCVB, AM and WMJX-FM were both Marconi winners. Whether your station has struggled or been successful WBZ and others were still on the air more than 24 residents may have. AT&T T-Mobile Verizon Sprint with generating revenue from digital advertising, Highlights of the Radio Show include: Warley has practical ideas to get you on your way Samsung Strive T-Mobile Comet KIN TWOm HTC EVO Shift 4G to making money! He will show you and your sales • The Marketplace, where you’ll have access team practical case studies, examples and step-by-step to an exhibit floor featuring wall-to-wall Samsung Evergreen LG Optimus T LG Chocolate TOUCH HTC EVO 4G instructions on how to quickly implement proven equipment and services, meeting rooms, a HTC Freestyle DEFY Motorola DROID X digital sales concepts. networking lounge and special events Motorola Bravo Motorola CLIQ 2 Samsung Omnia II And after the seminar, the MBA will host a cocktail • Breakout sessions covering sales and Motorola Flipside HTC HD HTC Droid Incredible Court Square, Downtown Springfield, MA– Monson, MA–Courtesy Chris Tracy reception complete with live entertainment. Get marketing, advertising, finance, management, HTC Inspire Motorola CLIQ XT Courtesy Ashley Mascroft together with fellow broadcasters from throughout the engineering, legal and regulatory issues, HTC Aria Nokia E73 Mode Bay State and relax a little! Tell some war stories, have programming and the digital landscape Sony Ericsson Vivaz Nokia 1661 Prepaid a bite to eat and enjoy the show! If you want to know who will be providing the entertainment, you’ll have • Special events: Opening Remarks and Keynote, Sony Ericsson W518a Sony Ericsson Equinox Advertiser Luncheon, Leadership Breakfast, to “like” us on Facebook. We’ll announce it there first! HTC Tilt2 Nokia 2330 Radio Luncheon and NAB Marconi Radio (www.facebook.com/massbroadcasters). See you in Awards Dinner & Show LG Prime Nokia 5230 Nuron September! Sharp FX • Super Sessions on the industry’s hottest topics HTC Pure • Professional development courses Sony Ericsson C905 Moto EM330 For more information on the show log onto radioshowweb.com. Source: National Association of Broadcasters Adams Supermarket, Monson, MA– Courtesy Stacey Fredette

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MBA 780 Airwaves Summer 2011.indd 2