Aggregator

.

Grants in part and otherwise denies request for extension or waiver of divestiture deadline

The FCC Media Bureau said today, Dec. 8, it will proceed with adopting new foreign-sponsorship identification rules despite pushback from the National Association of Broadcasters. Several other groups joined the NAB in claiming the new requirements would be especially burdensome for small broadcasters.

The FCC adopted amended foreign-sponsorship identification rules in April to specifically target situations where a station broadcasts material sponsored by a foreign governmental entity. The new rules require disclosure of leased programming sponsored by foreign governmental entities.

The FCC said its modified regulations further the critical goal of transparency and it applies them to foreign governments, political parties and their agents.

[See Our Business and Law Page]

The NAB, the Multicultural Media, Telecom and Internet Council (MMTC) and the National Association of Black Owned Broadcasters (NABOB) this summer asked the commission to stay the order while their petition for review was pending before the U.S. Court of Appeals for the District of Columbia Circuit.

The groups’ lawsuit claims the FCC adopted “unnecessary and overly burdensome rules that violate the Communications Act, the Administrative Procedure Act and the First Amendment.”

Today’s FCC Order Denying Stay Petition officially ends the quest by NAB, MMTC and NABOB to delay implementation of the updated sponsorship identification regulations: “We find that the Petitioners have failed to make the required four-part showing to support such extraordinary equitable relief. Accordingly, we deny the request to stay the effectiveness of these rules,” the FCC wrote in the most recent order.

“Petitioners have failed to establish that broadcast licensees will suffer irreparable harm” in implementing the FCC Report and Order on foreign-sponsorship identification, according to today’s FCC filing. “We also find that the costs of compliance to broadcast licensees are not severe enough to be cognizable as irreparable harm.”

The commission, which believes the petitioners’ pending lawsuit is unlikely to succeed on merits, will now move forward with modified regulations “which seek to eliminate any potential ambiguity to the viewer or listener regarding the source of programming provided from foreign governmental entities.”

Although foreign governments and their representatives are legally prohibited from holding a broadcast license directly, foreign governments have contracted with broadcast station licensees to air programming of the foreign government’s choosing or to lease the entire capacity of a radio or television station without adequately disclosing the true source of the programming, according to the FCC.

The on-air disclosure would be required at the time of a broadcast if a foreign governmental entity paid a radio or television station, directly or indirectly, to air material. The old rules did not specify when and how foreign government sponsorship should be publicly disclosed.

The NAB, MMTC and NABOB maintain they support the FCC’s goal of public disclosure of foreign government-sponsored programming, but argue the new regulations impose rules on broadcasters “which collectively have many thousands of contracts for the lease of time to air programming — onerous requirements to make specified inquiries of, and conduct independent research on, all the entities with whom broadcasters currently or will in the future have lease agreements.

“The broadcaster must determine (and then announce) whether the sponsor of the programming is a foreign governmental entity or its agent, even if the leased programming (such as an infomercial or local religious broadcast) poses no colorable risk of foreign sponsorship,” NAB said.

The organizations said at the time it filed its lawsuit in September the rules would do little to address the problem of foreign interference in elections.

The organizations argued in an updated brief filed Tuesday night with the court that the FCC lacks the authority to impose the investigatory requirements mandated by the order. In addition, the organizations argued with the FCC’s justification for its rules is lacking as the commission cited only a few examples of foreign governmental entities sponsoring undisclosed broadcast programming as the reasoning for requiring every broadcast station to conduct inquiries for every existing or new leased programming agreement.

“The order also fails to address the problems with undisclosed foreign governmental programming on cable systems and the Internet, which is where the issue primarily exists, the brief argued,” according to the NAB.

In a statement to the press today, the groups said: “NAB, MMTC and NABOB strongly urge the Court to overturn the FCC’s flawed decision requiring overly burdensome investigations by every broadcaster into every sponsored program. While we share the Commission’s goal of ensuring the public understands when listening or viewing programming supplied by foreign governmental entities, the FCC’s order fails to adequately, sensibly or fairly achieve this objective. We appreciate the Court’s consideration of this issue and believe it will agree that the Commission overstepped its bounds.”

Comment on this or any article. Email radioworld@futurenet.com.

The post FCC Denies NAB Stay Petition on Foreign-Sponsorship ID Rules appeared first on Radio World.

Broadband iTV Inc., the Austin, Texas-based company that considers itself as one of the pioneers of video-on-demand, has filed a dismissal of its patent infringement lawsuit against DISH Network LLC relating to video-on-demand, set-top box and related technologies.

In a brief statement, BBiTV CEO Clifton Kagawa said, “We are pleased to have the litigation completed and are proud of BBiTV’s patented technologies. BBiTV developed and owns a portfolio of more than 70 issued U.S. patents, comprised entirely of technologies developed by BBiTV inventor and Chief Technology Officer Milton Diaz Perez (pictured, top left), based on his work over several decades. BBiTV developed the underlying technology that all of its patents were derived from, and BBiTV has not acquired any of its patents from third parties,” explained Kagawa.

BBiTV is represented by lead counsel Robert Kramer and his team at the law firm Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP.

FROM THE RBR+TVBR ARCHIVES:

Pioneering VOD Firm Wins ‘Patent Constructions’ Lawsuit Adam Jacobson A company that considers itself to be one of the pioneers of video-on-demand technology has claimed a small victory in its fight against AT&T, DirecTV, Dish Network and Amazon for copyright infringement of four patents covering streaming media innovations specifically tied to VOD services using the set top box and mobile app technology. A VOD Pioneer Files Another Patent Infringement Suit RBR-TVBR A company that considers itself to be a VOD pioneer in December 2019 filed a patent infringement actions against AT&T, DirecTV and Dish Network — actions that involves four patents covering streaming media innovations specifically tied to VOD services using the set top box and mobile app technology. Now, this same company has sued Amazon. A VOD Pioneer Slaps AT&T With A Patent Infringement Suit Adam Jacobson A company that considers itself to be one of the pioneers of video-on-demand technology has filed a patent infringement action against AT&T — an action that involves four patents covering streaming media innovations specifically tied to VOD services using the set top box and mobile app technology.

He’s the head of Forever Communications and once was known for his role leading Keymarket Communications.

Now, he’s giving a sizable sum to a Pennsylvania private university for the creation of a state-of-the-art media center for students aspiring to achieve success in the fields of radio, video, podcasts, live streaming, and other forms of broadcasting.

Please Login to view this premium content. (Not a member? Join Today!)

In a deal that’s just been consummated and filed for approval with the Commission, Salem Media Group is adding to its properties in Tampa-St. Petersburg by agreeing to acquire a Class B AM radio station in the market.

The facility, licensed to Brandon, Fla., will help Salem bring a third radio brand to the second-largest market in the Sunshine State. It comes with an FM translator.

And, if these call letters sound familiar, it is because Salem spun the AM and FM translator to this party just two years ago.

Please Login to view this premium content. (Not a member? Join Today!)

A Class A digital TV station serving the Nation’s Capital, owned by Sinclair Broadcast Group, has deployed NEXTGEN broadcast transmissions, making it the first facility in the market that’s home to the FCC.

Please Login to view this premium content. (Not a member? Join Today!)

WASHINGTON, D.C. — As previously reported, the filing window for applications for new noncommercial educational FM new station construction permits closed on November 9.

Some 1,282 applications were received; all were reviewed to identify singletons — applications that are not mutually exclusive with any other application filed in the window and can be accepted for filing. Some had defects, the Media Bureau says. And, those defective singleton applications have been dismissed.

Please Login to view this premium content. (Not a member? Join Today!)

“The reality is: It’s hard out there for broadcasters.”

So said FCC Commissioner Nathan Simington, speaking to a meeting of the Ohio Association of Broadcasters.

For the second time in a month, the Republican commissioner made public remarks that were notably sympathetic to radio and TV companies and their struggles when competing with big tech.

“Consider, you know, the smaller broadcasters. The folks who have one, two, or half a dozen stations. Consider how difficult it is for them to achieve efficiencies of scale — consider what their margins look like because they’re smaller operators. Now, is there a single online video platform that is a mom-and-pop operation? Of course not! Every single one is either backed by a massive tech platform, deep-pocketed venture capitalists, or a major network. If not, it’s out of business in a year. …

“Those platforms are competing with mom and pop broadcasters — or, shoot, even established station groups — with operating efficiencies, margins and capital markets backing of which broadcasters dare not dream,” Simington continued.

“Can we seriously think, at this moment, with the arrows pointing in the directions that they are, that we should be making it harder for these small, regulated entities to operate? You are all already burdened by a raft of regulations designed for a bygone era while your insurgent online competitors have functionally none of the same constraints. Should we now turn the screw?”

[See more of our coverage of the FCC.]

Simington noted that the FCC will soon again consider media regulation in a quadrennial proceeding. Echoing frequent arguments made by the NAB about how the commission defines broadcasters’ marketplace, Simingon said that the commission needs to recognize that online media platforms are growing rapidly “and threaten dominance over traditional media platforms,” and that “broadcast advertising revenue has flatlined, having been siphoned off from higher margin online platforms.”

The commissioner said he is “not necessarily” arguing for more regulation of big tech — “Not everything is a regulatory problem. Maybe this one is. I don’t know” — but he said regulators need to be “clear-eyed about where the power has shifted. It is away from broadcasters. Away from networks. Even away from traditional MVPDs. And toward online platforms. And if we are going to talk about serving as a check against uncontrolled concentration of media power that is presumably antithetical to consumer welfare — well. The conversation need not end at online platforms, but it must at least start with them.”

His full text is posted.

Comment on this or any article. Email radioworld@futurenet.com.

The post Simington: Don’t Turn the Screw on Broadcasters appeared first on Radio World.

In August, the NAB; Multicultural Media, Telecom and Internet Council (MMTC); and the National Association of Black Owned Broadcasters (NABOB) filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit challenging a FCC order mandating disclosures for foreign government-sponsored programming.

On Wednesday (12/8) the FCC’s Media Bureau, led by Michelle Carey, issued an Order denying a stay petition filed by the three groups — a move that only furthers growing tension between the nation’s largest broadcast media advocacy group and the agency now officially led by Jessica Rosenworcel.

Please Login to view this premium content. (Not a member? Join Today!)

Read about all the products nominated for our awards program, including the Radio World winners announced in the fall of 2021.

This is the award program that normally is held at the spring NAB Show, which was postponed to this fall and later cancelled.

The guide is a great way to catch up on the new products of 2022 across radio and related industries.

 

The post Best in Market 2021 Program Guide appeared first on Radio World.

In what some may call a direct admonition of Elliot Evers‘ “CXR Radio Station Trust” and its lobbying efforts to the FCC conducted by respected communications attorney David Oxenford, the Chief of the Media Bureau has ordered the divestment of two FM radio stations in Florida to transpire no more than 60 days past the current deadline date of December 17.

Please Login to view this premium content. (Not a member? Join Today!)

Colleagues are remembering Texas-based radio engineer Gary Wachter, who died in November. He was 65.

According to his friend and fellow engineer Melissa Hussel, Wachter had carcinoma cancer and died at home. He is survived by his son, Matt, of South Carolina.

Wachter was chief engineer of Service Broadcasting in the Dallas/Fort Worth area and a familiar face at SBE Chapter 67 meetings.

Hussel said Wachter, whose mother was a German citizen, was born in Waco but spent part of his childhood in Germany. He remembered hanging around the projector booth of the movie theater on a military base, fascinated by the carbon arc projectors; late in life he would find enough parts to make his own at home.

Back in the United States Wachter entered the radio business in high school and was on the air in Corpus Christi using the name Wires Wachter; he worked at KEYS(AM) and KRYS(AM) as well as the local PBS station.

Discovering he enjoyed technical work more, he took an engineering job at KTSA(AM) in San Antonio around 1976, working there until 1984 as chief engineer, a stint that included a full studio buildout and installation of a Kahn AM stereo system. Subsequently he worked as chief at KFYI(AM) and KKFR(FM) in Phoenix, where he built out studios in a former TV station.

Around 2000 he came to Dallas and started as chief at Service Broadcasting, which owns KKDA(AM/FM) and KRNB(FM) nearby. Wachter led a facility move from Grand Prairie to Arlington, Texas, that involved another studio buildout, and handled an FM antenna upgrade for KRNB.

“He was very driven,” she said. “A fellow engineer once said that his transmitter suite was ‘so clean, you could eat off the floor,’ and he wasn’t wrong. Gary had a high work ethic, and always went above and beyond.”

Colleague and longtime friend Mike Chittenden said Wachter also wrote a software program for a Gentner VRC transmitter remote control and a screener program for Telos phone systems.

Messages to his family can be posted at the website of Rolling Oaks Funeral Home.

The post Gary Wachter Dies, Engineer in Southwest U.S. appeared first on Radio World.

All those forms — long and short, pre- and post-auction — must be filed on time when applying for a new construction permit with the Federal Communications Commission.

That’s the situation a licensee finds itself in after applying for a new FM broadcast construction permit in Hugo, Colo.

ScarboroughRadio LLC took part in the July auction (known as Auction 109) and was deemed to be a winning bidder of the Hugo permit. Winning bidders were required to file a post-auction long-form application — specifically FCC Form 2100, Schedule 301. And bidders were reminded through a Public Notice that if a winning bidder fails to submit the required application before the deadline — and also fails to establish a good reason for the delay — their application will be dismissed and they will be subject to a forfeiture payment.

In Scarborough’s case, it submitted its long-form application more than two weeks past the deadline, according to the FCC. It also did not request any sort of waiver to explain the late filing.

As a result, the Media Bureau sent a notice of apparent liability for forfeiture to Scarborough after finding that the licensee violated the FCC rules by failing to file the post-auction Form 2100 application on time.

[See more of our coverage of FCC actions.]

Ordinarily, as the Media Bureau has said, a winning bidder that fails to file the required long-form application on time is deemed to be in default. That typically means that the application is dismissed and the licensee is subject to payments laid out in the commission’s rules.

But sometimes special circumstances might lead the bureau to determine that a late-filed application can still be accepted. In this case, the bureau noted that Scarborough complied with all previous Auction 109 requirements. The bureau also noted that the licensee made a late payment on the balance of its auction bid just before filing its long-form application. And it said that the FM licensing process was not significantly delayed by Scarborough’s late filing.

“We find it in the public interest to avoid a delay in implementing new service to Hugo, Colo., by having to re-auction the FM construction permit, and therefore on our own motion grant a waiver as discussed below,” the bureau said in the order it released.

However, even though the commission agreed to accept the late-filed long-form application, the bureau still found that Scarborough failed to comply with the rules and said it would grant the construction application on the premise that Scarborough will submit a $3,000 forfeiture.

The licensee has 30 days to either pay or file a written statement seeking reduction or cancellation.

Comment on this or any article. Email radioworld@futurenet.com.

The post Late Form Leads to $3,000 Forfeiture for Auction Winner appeared first on Radio World.

The author is project director for WorldDAB.

With the recent COP26 conference in Glasgow highlighting the global need to tackle climate change, a new study from Germany has showed how digital radio can help broadcasters reduce energy usage. Describing DAB+ as “green radio,” the report says on broadcasting a single service, between 70 and 90 percent of energy can be saved by switching from FM to DAB+.

The Bavarian Regulatory Authority for Commercial Broadcasting (BLM) and the Bavarian Public Broadcaster, Bayerischer Rundfunk (BR), in partnership with network operators and receiver manufacturers, compared the energy consumption of broadcasting and receiving radio programs via FM and DAB+.

In Bavaria, all services by private radio providers and BR are available via DAB+. With around 13 million inhabitants, 16 percent of Germany’s population lives in the state.

The studies showed that, with a comparable supply, the energy consumption when broadcasting a program via DAB+ is significantly lower than FM. BR would save around 75 percent per station, while Antenne Bayern would save 85 percent in energy if its audio service were broadcast exclusively via DAB+. Other providers in Germany see similar potential reductions.

Given the extensive infrastructure that radio broadcasting operates, the research found that the cumulative resulting effect is considerable.

The report also identified that significant energy savings would also be possible by replacing Germany’s 122 million FM radios. Although most new receivers are often equipped with additional functions such as displays or wi-fi, their power consumption has dropped by around 40 percent in recent years.

The findings of the report, “Green Radio: A Comparison of Energy Consumption on FM and DAB+” were featured at the recent WorldDAB Summit, which saw the publication of an English-language translation of the report.

[See our coverage WorldDAB Summit 2021]

Concentration of DAB Stations Across Germany as of January 2021 (Courtesy WorldDAB)

Speaking at the Summit to 500 delegates from around the world, Veit Olischläger, head of technology, media management and public relations at BLM, said: “As we know, climate change is a challenge for all of us. We asked what broadcasters can do — so we made an examination of the potential savings of energy consumption for transmission, FM versus DAB+, and reception.”

“Broadcasting via DAB+ saves up to 90 percent of energy,” added Olischläger. “And regardless of DAB+, the greatest energy saving effects would be achieved just by replacing older FM sets.”

In Bavaria, 42 percent of the population aged 14 and over already have at least one DAB+ receiver in their household.

Radio World invites industry-oriented commentaries and responses. Send to Radio World.

The post Digital Radio Tackles Green Challenge appeared first on Radio World.

Tournament Town has turned the page on how local broadcast television can be distributed and received by viewers.

Thanks, in part, to broadcast data network builder BitPath, the NEXTGEN TV train has rolled into Greensboro-Winston Salem. And, the market debut for NEXTGEN TV involves Nexstar Media Group, Sinclair Broadcast Group and Hearst Television.

Please Login to view this premium content. (Not a member? Join Today!)

Until August, he was Chief Marketing Officer at Publicis-owned Epsilon. Earlier in his career, he spent some 3 years in a similar role at what is now TEGNA Marketing Solutions.

Now, he’s the CMO for a SaaS provider working with broadcast media in the digital realm.

Please Login to view this premium content. (Not a member? Join Today!)

“As we reach the end of 2021, advertising growth is showing much faster expansion than previously anticipated, driven primarily by growth in the U.S., U.K. and China.”

That’s the highly optimistic conclusion of distinguished Global President of Business Intelligence at groupM, Brian Wieser, who recently appeared on the InFOCUS Podcast, presented by dot.FM. 

Where do television and audio advertising measure up? He’s crunched the numbers and has some intriguing conclusions. For audio industry players, the future isn’t so bright.

Please Login to view this premium content. (Not a member? Join Today!)

NEW YORK — When it comes to radio programming executives most closely associated to superserving the African American consumer across the New York Tri-State Area, none perhaps comes close in recent memory to Skip Dillard.

For the past year, Dillard has served as VP of National and Community Partnerships for iconic Adult R&B FM WBLS and its hip-hop sibling, WQHT (Hot 97), under the ownership of Mediaco, the joint venture between Soo Kim’s Standard General and Jeff Smulyan’s Emmis Communications. For 12 years before that, Dillard was VP of Programming and Operations Manager for WBLS and Emmis-owned WLIB-AM in New York.

Now, Dillard has moved to 345 Hudson Street, and is now the Brand Manager for recently launched Rhythmic Adult Contemporary and classic hip-hop formatted WXBK-FM “94.7 The Block.”

The move solidifies the musical direction of the station, which is mass appeal and designed to attract Millennials who were raised on Ice Cube, Jay-Z, SWV, Ja Rule, 2PAC, and Aaliyah. Dillard will oversee WXBK’s full portfolio of broadcast, digital and live experience assets.

In explaining the selection of Dillard to lead “The Block,” Audacy/New York SVP/Market Manager Chris Oliviero said, “Skip knows the music, the artists, the community and this city and has a depth of knowledge and relationships that make him the premiere choice to be the building block for this new brand. His arrival solidifies our commitment to making classic hip hop and throwbacks a vibrant sound on the New York dial, and we are excited to welcome him to The Block.”

Dillard added, “I am truly grateful for the opportunity to join the Audacy team here in New York City. There’s nothing quite like the chance to build a new, fun and exciting station for the greater New York City area that will be rooted in the community. I am honored to accept the challenge.”

Dillard’s career in radio began at Hampton University’s WHOV-FM 88.1 as a student, working at the Smooth Jazz FM serving the Norfolk area. Early in his career, he worked in multiple radio markets as both a talent and programmer. Among the stations on Dillard’s resume: WPGC-FM in Washington, D.C.; WOWI-FM in Norfolk; WMXD-FM in Detroit: WBLK-FM in Buffalo; and WYLD-FM in New Orleans. He was recently reappointed to his second two-year term to serve on the FCC‘s Communications Equity and Diversity Council.

In a recent interview with AllAccess.com, Dillard was asked when and why he decided to go into radio. He replied, “I was a music junkie who’s love of radio as a child drove me to try out for my college radio station at Hampton. I failed the first audition, but someone said, ‘let’s give him one more try.’ After graduation, it seemed like every door opening for me was coming from the radio industry regardless of whatever else I tried (law enforcement, Air traffic controller, Ad agency rep, video producer, etc.).”

Also asked what frustrates him the most about the radio and the music industry, Dillard replied, “Lack of vision at times from the top and lack of investment in people. We’re also sometimes too slow to innovate.”

Now, Dillard will have the chance to innovate at a station that on October 22 dropped Country to embrace programming that would have broader appeal in the Big Apple.

Sennheiser HD 400 PRO Studio Headphones

Sennheiser has introduced its new HD 400 PRO studio reference headphones, intended for use in mixing, editing and mastering applications.

Built around a lightweight, open-back design fitted with soft velour ear pads, they are the first open studio headphones in Sennheiser’s PRO line, and offer a wide frequency response of 6 to 38,000 Hz.

The Sennheiser-developed 120-ohm transducers include a diaphragm made from a proprietary polymer blend; working with the headphones’ driver magnets, according to Sennheiser, the diaphragm is expected to provide deeper bass. Distortion is below 0.05% (measured at 1 kHz, 90 dB SPL), and the headphones are said to accurately reproduces audio beyond the audible frequency range.

[Check Out More Products at Radio World’s Products Section]

The headphone transducers sit at a slight angle, aiming to emulate the triangular listening position used when listening to monitor loudspeakers in a studio. This, along with the open-back design of the headphones is intended to provide a neutral soundstage.

The headphones are built around an ultra-light frame; the earcups feature soft velour earpads and the open, circumaural design offers ventilation for ears during long mixing sessions. The headphones come with a 3-meter coiled cable and a 1.8-meter straight cable, both fitted with a 3.5 mm (1/8″) jack plug for portable sources. A 6.3 mm (1/4″) adapter is included, ensuring that the HD 400 PRO connects to a typical mixing desk or audio interface.

The HD 400 PRO is available now and retails at US $249 (MSRP).

Send your new equipment news to radioworld@futurenet.com.

The post Sennheiser HD 400 PRO Studio Headphones Debut appeared first on Radio World.