Federal Communications Commission WASHINGTON, D.C

BEFORE THE Federal Communications Commission WASHINGTON, D.C. 20554

In the Matter of ) ) Broadcast Localism ) MB Docket No. 04-233 )

To: The Commission

COMMENTS OF ENTERCOM GREENSBORO LICENSE, LLC

Entercom Greensboro License, LLC ("Entercom Greensboro"), by its attorneys, hereby submits comments in response to the Notice ofInquiry in the above-captioned proceeding

("Notice"). Entercom Greensboro is the licensee ofStations WEAL(AM), WOZN(FM),

WPET(AM), and WQMG-FM, Greensboro, North Carolina; WJMH(FM), Reidsville, North

Carolina; and WMQX-FM, Winston-Salem, North Carolina. As discussed below, the

Commission's current policies with regard to broadcast localism properly allow licensees the flexibility to address the concerns oftheir communities in inventive and inspiring ways, as demonstrated by the attached summary ofcommunity-oriented programming and activities.

There is no reason to impose new regulations on the industry in this regard that potentially would diminish, and not enhance, local community service activities by broadcasters.

I. Localism and Deregulation of Radio Content

"The concept oflocalism was part and parcel ofbroadcast regulation virtually from its inception." Deregulation ofRadio, 84 FCC 2d 968,994 (1981) ("Radio Deregulation Order").

The Commission has long recognized that, in serving the needs ofits community, a broadcaster should be afforded some latitude in tailoring its programming to the needs ofits listeners. Radio

Deregulation Order at 994-98. The Commission acknowledges that it should avoid "regulations 2 that straight-jacket all stations into the same mold." Radio Deregulation Order at 998. More than twenty years ago, therefore, the Commission correctly eliminated its non-entertainment programming guidelines for commercial broadcast radio, requiring only that stations offer programming responsive to the issues ofconcern to the station's listeners, as discerned by the station licensee. Radio Deregulation Order at 1013-14.

The Commission recognized in 1981 that the radio industry had been "characterized from its beginning by rapid and dynamic change" and noted that the number ofstations had grown from 583 stations in 1934 to nearly 9000 at the time ofthe Commission's decision. Radio

Deregulation Order at 969. This upsurge in the number ofbroadcast stations, the Commission concluded, required that "licensees specialize to attract an audience so that they may remain financially viable." Id. The Commission judged that the marketplace would more effectively dictate the broadcast ofcontent meeting the needs ofa particular community than generic regulations prescribing such content. Radio Deregulation Order at 1013-14. These conclusions have been borne out over the past two decades and are at least as true today as they were then.

In eliminating its non-entertainment programming guidelines, the Commission remained

"convinced that absent these guidelines significant amounts ofnon-entertainment programming ofa variety oftypes will continue on radio." Radio Deregulation Order at 977. The goal of deregulation was to provide radio broadcasters with "the maximum flexibility to be responsive to issues important to their listeners, with the minimum amount ofgovernmental interference."

Radio Deregulation Order at 978. The Commission observed that "regulation ofnecessity would be standardized nationwide, would be relatively inflexible, and would be likely to impose costs without compensating benefits." Radio Deregulation Order at 1024. The Commission further noted that "to require programming aimed at unrevealed needs, which are difficult to 3 determine, at the expense ofprogramming that is clearly demanded by the public, is to replace the judgment ofthe government for that ofthe public." Radio Deregulation Order at 1031.

In the Radio Deregulation Order, the Commission outlined its expectation that broadcasters would "continue[ ] [the] provision ofnews programs in amounts to be determined by the discretion ofthe individual broadcaster guided by the tastes, needs, and interests ofits listenership" and "responsive[ness] to the issues facing their community." Radio Deregulation

Order at 978. The Commission affords broadcasters the opportunity to address these issues by

"virtually any means." Radio Deregulation Order at 982. In making its determination, the

Commission recognized that "more issues can be addressed through [] specialized programming than through a generalized 'something for everyone' requirement." Radio Deregulation Order at

988-89.

II. Deregulation of Programming Content Fosters Localism

The Notice considers again introducing the straight-jacket ofprogram content regulation.

The Commission should not alter its deregulatory approach in this regard, however. The "rapid and dynamic change" that has characterized radio throughout its history has only accelerated during the 23 years since adoption ofthe Radio Deregulation Order. In those two decades, more than 5000 radio stations have joined the nearly 9000 stations licensed in 1981. Audio Division,

Federal Communications Commission, Broadcast Station Totals (as ofJune 30, 2004), available at www.fcc.gov/mb/audio/totlaslbt040630.html. Other traditional sources ofnews and information, such as broadcast television and weekly and alternative newspapers, have witnessed tremendous growth as well. Penetration rates for cable have increased significantly, and DBS has been introduced, offering hundreds ofnew channels, including both national and local news and discussion. Technological advances have also led to ever-increasing competition for the 4 public's attention and have provided the public with access to diverse and antagonistic viewpoints in numbers unimaginable at the release ofthe Radio Deregulation Order. In just the past decade, the Internet has become commonplace in American homes, schools, and workplaces and the introduction ofsatellite radio offers hundreds ofadditional audio channel selections to

American consumers.

For all ofthese reasons, broadcast radio licensees find themselves in an ever-more competitive marketplace. As the Commission correctly recognized in 1981, these competitive pressures create economic incentives for broadcasters to air community-responsive programming. Consumers now more than ever have a plethora ofsources for the news, information, and entertainment they seek. The competitive market pressures have and will continue to guide local broadcasters' appropriate community-responsive programming efforts much more effectively than any generic policies, practices, or rules imposed by the government far removed from local audiences.

The market-driven sensitivities to issues oflocal concern envisioned by the Commission in 1981 are a reality, obviating any need for new government intervention. Because its continued existence is predicated on its meeting the needs and wants ofits listeners effectively, the Entercom Greensboro radio stations make concerted efforts to program to the "tastes, needs, and interests ofits listenership" as envisioned by the Radio Deregulation Order. In addition,

Entercom Greensboro stations strive to be good neighbors and responsible corporate citizens by sponsoring, supporting and participating in local and community events and causes. Attachment

A documents the substantial commitment ofEntercom Greensboro's stations to community responsive programming and activities. For example, WEAL broadcasts a number oflocally produced programs that focus on the spirituality and family life ofthe station's listeners. 5

WQMG worked with WEAL to raise $23,000 for victims ofa fire at a local apartment complex.

WJMH frequently airs local and regional artists as part ofits regular rotation as well as spotlighting local music on its nighttime show. In 2002, the estimated value ofPSAs broadcast and funds raised through the efforts ofthe Entercom Greensboro stations exceeded $1.5 million.

CONCLUSION

As demonstrated by the foregoing material, the stations owned by Entercom Greensboro are highly responsive to the needs and interests oftheir local communities. New regulatory intervention into program content is unnecessary and would only serve to stymie the efforts of broadcasters like Entercom Greensboro to effectively serve their communities. For the foregoing reasons, Entercom Greensboro urges the Commission to refrain from adopting policies, practices, or rules governing broadcast stations' program content.

Respectfully submitted,

ENTERCOM GREENSBORO LICENSE, LLC

By ~;:). ~) B an M. Madden an W. Benz

Leventhal Senter & Lerman PLLC 2000 K Street, N.W. Suite 600 Washington, DC 20006-1809 (202) 429-8970

November 1, 2004 Its Attorneys ATTACHMENT A ENTERCOM GREENSBORO'S COMMITMENT TO LOCALISM NEWS AND COMMUNITY SERVICE PROGRAMMING

WEAL broadcasts a half-hour weekly program called What's the Answer. The program is hosted by two local pastors and provides station listeners with the opportunity for candid dialogue about spiritual and everyday issues.

WEAL also airs an hour-long weekly program entitled "Kingdom Wealth," which focusing on money-management strategies for African-Americans.

WEAL's "Inside the Community" weekly program ranging from 30 minutes to an hour showcases national and community notables to discuss issues that inspire the station's Black Christian listeners to action.

For the entire year of2003, every Wednesday WEAL aired "Heartwise Wednesday". Partnering with the Moses Cones Heart and Vascular Center, the station devoted 15 minutes every Wednesday morning at 9:30 am for a live interview with representatives of the Moses Cones Health system to discuss exercise and diet. In addition, station talent made monthly visits to the Heart and Vascular Center where he was subjected to physical examinations and exercise routines. Plus, WEAL had monthly blood pressure and cholesterol screenings in areas whose inhabitants were likely to be susceptible to high blood pressure and cholesterol.

Every weekday morning at 8:45am, WEAL recognizes a healthy "African American Marriage". After interviewing the couple about their life together, the station shares tips and information about having a successful marriage and family.

The Guilford County Family Life Council recognized WEAL for it's commitment to marriage and family and invited program director Joseph Level to join the board. It also secured WEAL as the media partner for the 15t ever African-American Health Marriage Summit, September 10-11, 2004. Over 300 men and women attended.

The North Carolina AARP and the National Congress on Civil Rights acknowledged the work ofWEAL's Program Director Joseph Level with the Voices ofCivil Rights Project and Bus Tour. Level was selected to host several local events from May through August of2004 that brought national attention to Greensboro's history in Civil Rights.

WEAL runs approximately 48 PSAs per week. About halfare locally produced and the others are from relevant "Ad Council" campaigns.

WJMH airs a weekly two-hour show called "Straight Talk." The show discusses issues ofimportance to the station' audience, 18-24 year olds.

WJMH airs between 30 and 60 PSAs each week. These announcements deal with such issues as tolerance, race relations, and substance abuse.

All ofWJMH's programming is locally produced.

2 WMQX broadcasts a half-hour weekly program called On Track that discusses issues related to family life.

WMQX and WOZN air a weekly 30-minute program called Master Control that deals with issues ofeveryday life.

WMQX produces and airs an hour-long weekly program called Triad Now. Triad Now addresses local community issues and features interviews with local experts. WOZN also airs Triad Now.

WMQX broadcasts as many as 50 PSAs per week. Most are generally local in-origin.

WPET airs a weekly half-hour program called "Radio Health Journal." The station carefully selected this program to appeal to the needs ofits listeners, primarily middle aged adults and senior citizens.

WPET airs a locally produced weekly half-hour program called "For the Record," which addresses issues oflocal concern.

WPET also airs a locally produced 55-minute program every other week entitled "Sheriffs Beat" that deals with crime in the community as well as community affairs.

WPET airs a network program specially chosen to appeal to the needs ofits listeners - a half-hour program called "Focus on the Family," which deals with the issues offamily life. The half-hour program airs each weekday for a half-hour.

WPET airs a two-minute feature on weekdays called "Employment Report" to help solve in part the city's high jobless rate.

WPET airs approximately 408 minutes ofnews programming per week.

WPET broadcasts 30- 50 PSAs per week. Most are aired when the station's listening is at its peak for the day, e.g. during drive times.

WQMG's weekly one-hour public affairs show "Community Focus," which airs Saturday and Sunday mornings gives in depth information to the community on a variety ofissues including health, family, education, information/technology, the economy, race relations, political issues and race relations.

WQMG airs public service announcements six times a day between 6am and 12 midnight for a total of42 each week. The on-air announcer reads each PSA live, and local civic groups and non-profit organizations provide PSA's to the station.

WQMG airs news in morning drive, twice an hour from 6am until9am. The stations' news is local and is gathered from the local newspapers, Internet and Associated Press. WQMG's morning show producer reports the news live.

3 COMMUNITY SERVICE ACTIVITIES

WEAL spends (and gives) hours with the Sickle Cell Association ofthe Piedmont, raising awareness ofAIDS/HIV and the lack ofSickle Cell research.

For the past 6 years, WEAL has helped to raise thousands ofpounds offood to fight hunger in the Triad walking with the US Postal Service, and participating in the Greensboro Crop Walk.

WEAL annually teams up with the Greensboro Pregnancy Care Center to raise money for young, single, expectant mothers.

Year after year, WEAL partners with the Malachi House to help raise money in the fight against substance abuse.

WEAL, Greensboro clergy, and the Greensboro Police Department came together to work toward addressing Greensboro's unusually high murder rate with a series ofPSAs regarding the collective efforts to put an end to the violence.

Numbers ofchurches and non-profits have asked and received WEAL's assistance for health screenings, clothing giveaways, I sl time home buying seminars, blood drives, etc.

Annually, each February, WEAL recognizes the significant contributions ofthose in its community with the African-American Achievement Awards. This gala awards recipients in the areas ofEntrepreneur, Education, Entertainment, Community Service and Lifetime Achievement.

For 14 consecutive years, WEAL has participated in Greensboro's largest one-day outdoor festival, Fun Fourth, with well over 100,000 people in attendance. On that day, the station also conducts its annual Gospel Talent Search.

Each year in April, WEAL sees over 25,000 people attend its Kid's Carnival.

WEAL's quarterly Gospel Concert Series has bridged a generation gap in the community.

WJMH devoted a four-hour on air segment to raise funds for the Hip Hop Parents foundation.

WJMH makes at least five free appearances weekly with the "Jamz Van" and WJMH's afternoon talent participates in an annual toy drive.

WMQX has held a number ofevents to benefit the Make-A-Wish Foundation. The station has sponsored a radiothon, a golfouting, and several picnic to raise thousands of dollars for the foundation.

4 WOZN partnered with a local food bank and a moving company to inspire its listeners to donate enough food for the food bank to fill the moving truck. The food went to the homeless that frequented the shelter, especially in the winter months.

WOZN conducts "Operation Drop Zone" to collect materials to create and send care packages to Americas troops overseas.

For the second year, WQMG organized "Take A Loved One To The Doctor Day," where the station partners with local health providers who offer free health screenings to the community including high blood pressure checks, diabetes, sickle cell and more. The station broadcasts this event live, interviewing health care professionals as well as station listeners who come out for these free screenings.

WEAL and WQMG assisted fire victims in Greensboro. WQMG raised a total of$23,000 for the Mallard Lake Apartment fire on the weekend ofJanuary 30 - February 1st 2004 by doing an All Request Weekend. Listeners were given an opportunity to request and hear their favorite song for a donation to the fire victims. WEAL spent a day at the site ofthe fire accepting donations.

WQMG works hand-in-hand with local and charitable organizations. In March and April 2004 the station provided public service announcements and on-air personalities to benefit basketball games to raise funds for the Winston Lake Family YMCA and The Host Homes organization. Also, each May through September, the station provides free entertainment, children and senior citizen activities, health and community service information like voter registration, health screenings, etc. each month at the station's QMG Stone Soul Picnics. The average attendance at these events is over 5,000.

All Entercom Greensboro stations took part in "Make A Difference Day." As part ofthis event this year, company volunteers came together to paint the War Memorial Stadium, a minor league stadium serving its last year at its location.

EMERGENCY PROGRAMMING

WEAL interrupted its regular programming for the "War on Terror", and ofcourse, September 11, 2001. The station has also interrupted programming in the event of special weather events that have caused a significant interruption to the station's listeners daily routine. During the past two winters, the station's listening area has had freezing rain events that left thousands without power. The station cooperated with Duke Power and local officials to restore calm and provide much needed information to its community. The station has also interviewed local Red Cross officials and volunteers in their efforts to assist the victims ofthe recent hurricanes.

WJMH interrupts programming to inform its listeners about inclement weather. The station also provides its listeners with updates on the "War on Terror."

5 WMQX interrupts programming to inform its listeners about inclement weather. The station also provides its listeners with updates on the war in Iraq.

WPET interrupts programming to inform its listeners about inclement weather. The station also provides its listeners with updates on the "War on Terror," which it did especially at the beginning ofthe war.

WQMG interrupted regular programming when America went to war with Iraq to provide news coverage. The station also altered programming for winter weather emergencies earlier this year by announcing school and business closings, traffic information and power outages.

LOCAL MUSIC INITIATIVES

WEAL is very proactive in providing an outlet for local musicians on stage and on the station. For over 14 years, the station has hosted the 1510 WEAL Gospel Talent Search. Participants are featured on air, and some have gone on to great success and even gamer the Gospel industry's highest honor, the Stellar Award.

WJMH frequently plays local and regional artists and it has a segment devoted to local music on its nighttime show. In addition, the station has a local artist open its local large concert (Super Jam).

WQMG airs some music from local artists, primarily as it promotes them as guests on its QMG Stone Soul Picnic series. This is the station's opportunity to showcase local talent live on stage at a free event sponsored by WQMG.