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 Massachusetts 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 radio broadcasting 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 Boston Marriott Quincy Hotel. popular smart-phones, including all Blackberries.