XPost: alt.radio.broadcasting

Radio World

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ZoneCasting Developer Disputes NAB Claims

Posted: 14 Jul 2022 12:54 PM PDT https://www.radioworld.com/news-and-business/business-and-law/zonecasting-developer-disputes-nab-claims


The developer of ZoneCasting claims the National Association of
Broadcasters and state broadcasters’ organizations are making a “concerted effort to eliminate opportunity for small broadcasters in radio.” The technology in question, which is currently being considered by the FCC for
use in the Untied States, would allow radio broadcasters to use FM boosters
to geo-target content.

GeoBroadcast Solutions is now rebutting claims made by NAB in a June “issue paper,” in which NAB “vehemently opposes” the adoption of ZoneCasting. 

Among NAB’s arguments: “GBS is pressing the FCC to approve a policy that would undermine local radio by splintering broadcast markets across the country.” 

NAB makes five points in the paper for why it opposes the GBS proposal. A collection of state broadcasters’ associations made similar assertions in comments filed with the FCC this week, expressing concerns about public
safety, the potential harm to women and minority-owned stations and what it calls the “devastating economic impact on the radio industry.”

For its part, GBS says it is asking the FCC to make a modest rule change to “allow the broadcast radio industry to choose on a voluntary basis to
deploy 21st century technology to compete and recover lost revenue by
airing geo-targeted programming, including emergency alerts, news and advertising.” 

[Related: NJBA Calls ZoneCasting an “Equipment Peddling Scheme”]

The ZoneCasting system, which utilizes a series of FM boosters to
geo-target content within a radio station’s primary signal for a small fraction of the broadcast hour, requires changing the FM booster rule to
allow them to originate programming.

GBS, which has field tested the ZoneCasting technology using experimental
FM booster operations at KSJO(FM) in San Jose, Calif., and WRBJ(FM) in
Brandon, Miss., says NAB has switched sides, having first been in favor of geo-targeting content. 

The ZoneCasting developer responded this week to what it calls misleading statements by NAB. Radio World shares GBS’ replies to NAB’s claims in their entirety:  

NAB CLAIM: It could limit emergency information.

FACT: Extensive testing establishes that the EAS works just as it should.
The Emergency Alert System (EAS) will function as well or better for radio stations opting to use geo-targeting technology. In response to FEMA’s
filing asking about EAS performance from Feb. 2021, the EAS system was
tested robustly in two different markets deploying geo-targeting technology over past nine months and it seamlessly passes through alerts just as
designed. In fact, because of the way the geo-target technology works,
station signal coverage is improved during all on-air hours to increase the dissemination of EAS messages to more listeners.

NAB CLAIM: It will divert information from less affluent neighborhoods.

FACT: It will not. The FCC specifically prohibits local radio stations from conducting advertising that is discriminatory and all licensees must affirmatively state they do not discriminate in their advertising in their license renewals. No radio station owners want to risk their license and especially not about something as important as not discriminating in any
form. Local radio operators seek to serve their audiences and advertisers
with a competitive service. In addition to the FCC prohibition against discriminatory advertising practices on local radio stations, it makes no
sense to think any radio station would not offer their advertising services
to willing buyers.

[Related: “ZoneCasting Generates More Contention“]

NAB CLAIM: It will upend the advertising market.

FACT: On the contrary, it will make local radio more relevant and
competitive in the advertising market. The ability to geo-target content
for a part of each broadcast hour offers local radio operators the option
to be more relevant in a market where every other local ad-supported media offers geotargeted ads and content. Geo-targeted ad inventory has been available for years and years in local media with the exception of local
radio. While the FCC prohibits local radio stations from over-the-air geo-targeting, it supports this same capability for local TV stations.
Local radio stands alone in not being able to geo-target content.  

As for causing rates to plummet, again all market evidence points to the contrary. Local radio stations can look to their own digital ad sales where they nearly certainly offer geo-targeted ad inventory. Geo-targeted ad inventory with widely used yield management and revenue optimization
systems increase overall revenues.

NAB CLAIM: It particularly hurts small and minority-owned stations.

FACT: That message is being delivered by iHeart, Audacy [and] Cumulus. 
Does anyone really think they are focused on the best interest of small and minority-owned stations? As opposed to protecting their own self-interest. Think about who does support this innovative technology. Small and minority-owned stations and their supporters including NABOB, MMTC and
leading members of Congress see a path to greater economic opportunities
for these stations to compete more effectively with bigger radio companies
and digital media. Leading voices representing and advocating for diverse communities including NABOB, MMTC, leading members of Congress firmly
committed to minority ownership and advancement have spoken clearly and powerfully in the FCC record to ask for this rule change to allow
geotargeted content to increase the competitiveness and relevance of this important segment of the local radio market.

NAB CLAIM: It will cause interference for radio listeners.

FACT: Extensive testing has shown that is not true, and common sense reinforces it. It will not cause interference for radio listeners. Robust, transparent, and publicly documented field demonstrations of the current geo-targeting technology are in the FCC record. The bottom line from one of
the most respected engineering firms in operation is, “there is no
technical reason to not adopt this rule change.” Moreover, a broadcaster
has every incentive and ability to design a system so that it does not
cause any problems for its audience. 

The post ZoneCasting Developer Disputes NAB Claims appeared first on Radio World.


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Why Are Some Automakers Ditching AM Radio?

Posted: 14 Jul 2022 12:22 PM PDT https://www.radioworld.com/news-and-business/headlines/why-are-some-automakers-ditching-am-radio



While Electric Vehicles (EVs) can serve as a tool to help curb our fossil
fuel dependency, they also pose a growing threat to the industry we hold
most dear: Radio. Some EV automakers are dropping AM radio altogether due
to audio quality concerns, but thats just one piece of the puzzle.

As carmakers increase electric vehicle offerings throughout their lineups,
the availability of AM radio to consumers is declining, said Pooja Nair, communications systems engineer with Xperi Corp., in a Radio World guest commentary. This is because the effects of electromagnetic interference are more pronounced in EVs than in vehicles with internal-combustion engines.

In other words, electromagnetic frequencies generated by EV motors occupy
the same wavelength as AM radio signals. The competing signals clash, effectively cancelling each other out. As EV motors grow more powerful, AM static tends to increase.

Generally speaking, this is causing more and more EV automakers to box out
AM radio. As James Gilboy of The Drive mentions in a recent article, EVs
from Audi, BMW, Porsche, Tesla and Volvo are already sold without AM
radios, and its been that way for years.

According to Gilboy, BMW and Volvo said they left AM radio in the dust due
to audio quality problems rooted in electromagnetic interference — as previously mentioned — of which EVs drivetrains produce a significant
amount. He said cars engines and other complex electronics have always made
EM interference, but low-wattage static is relatively easy to shield
against.




2022 BMW i4 infotainment system (photo via BMW)


[Related: Control EMI, don’t dump AM receivers]

Although, not all automakers have ditched the service. Ford, General Motors
and Stellantis have produced or currently make EVs that include AM radio,
even on flagship models said Gilboy. That goes for everything from the Ford F-150 Lightning and Mustang Mach-E to the Chevy Bolt EUV and GMC Hummer,
among others.

In Europe, the switch to EVs, and the subsequent edging out of AM radio, is even more prominent. This summer, the European Unions 27 member nations
agreed on laws that would end the sale of new combustion-engine cars by
2035. The measure is intended to help achieve the continents climate objectives, in particular carbon neutrality, by 2050.

In 2015, Radio Info reported that AM stations were shutting down en masse
from France to the Netherlands and Russia. The frequency has largely been superseded by the DAB format. According to recent figures released by
WorldDAB, 95% of new cars sold in key European markets were equipped with
DAB+ receivers as standard in 2021.




BMW iX (photo via BMW)




[Related: Across Europe, Most New Cars Are DAB+ Equipped]

Looking at this issue with a wider scope, AM/FM listening on average is
slowly trending down, according to Jacobs Medias annual TechSurvey
findings. The percent of people who listen to AM/FM radio on any kind of
device for one hour or more each weekday stands at 86% in the 2022 survey. That’s a dip from 88% in 2021 and 90% in 2020.

Coming back to Pooja, she said instead of removing AM radio services from
EVs, automakers should control EMI emissions and offer the superior
consumer audio experience afforded by AM all-digital HD Radio technology.

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


The post Why Are Some Automakers Ditching AM Radio? appeared first on Radio World.


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Registration Now Open for NAB Show New York

Posted: 14 Jul 2022 09:23 AM PDT https://www.radioworld.com/show-news/nab-show/registration-now-open-for-nab-show-new-york


After the National Association of Broadcasters and Radio Advertising Bureau pulled the plug on the fall Radio Show, NAB continues to integrate more radio-centric programming into its spring and fall
conferences. Registration is now open for NAB Show New York, which will feature two days of radio sessions. The event will take place October
17-20, with exhibits on display October 19-20 at the Javits Center in New
York City.

Convening six months after the NAB Show in Las Vegas, the New York
Conference provides a unique opportunity for the NAB Show community to
connect at a major East Coast venue, said NAB in a press release.

The two radio-specific sessions at the conference include the Radio
Experience October 19-20 and the NAB Marconi Radio Awards, also on October
19. Both require separate registration.

Other conference programs of note include the Cybersecurity for
Broadcasters Retreat (October 17-18), Post|Production Conference NYC
(October 18), The Streaming Summit (October 18) and TV2025: Monetizing the Future (October 19).


[For News on This and Other Shows See Our Show News Page]

NAB Show New York is co-located with the AES New York 2022 Convention. NAB
said exhibits pass registrants will receive full access to NAB Show New
York as well as AES exhibits.

The success of NAB Show in Las Vegas reinforced the power of live events
and the desire for a return to in-person trade shows, said Chris Brown, NAB executive vice president, in a press release. NAB Show New York is an
important touch point for the industry to re-engage with the technology and thought leaders who are revolutionizing the art of storytelling and moving
the business forward.

For information on registration packages and to register, visit the NAB
Show website.

The post Registration Now Open for NAB Show New York appeared first on
Radio World.


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NAB Foundation Honors Broadcasters Commitment to Service

Posted: 14 Jul 2022 08:03 AM PDT https://www.radioworld.com/resource-center/awards/nab-foundation-honors-broadcasters-commitment-to-service


The celebration of Service to America Awards are on the air.

Running until August 13, the one-hour television and radio special – presented by the National Association of Broadcasters Leadership Foundation
– celebrates and honors local broadcasters’ commitment to public service in the communities they serve. 

Two radio stations were finalists for the 2022 small-market Service to Community Award including KTXY(FM) for its Miracle for Kids Radiothon and Pensacola, Fla., stations WNRP (AM), WYCT (FM), WNRP(AM) and WEBY(AM) radio
for the program Next Level COVID Charts. Medium-sized market station
finalists include KRMG(FM) for Big Spring Clean, WHKO(FM) for WHKO Service
to America and WJBR(FM) for the Mix 99.5 WJBR Help Our Kids Radiothon. Large-market station finalists include WSB(AM) in Atlanta for the WSB Care-a-thon, the WTLC(FM) program Feeding Families for 365 Days Plus and
the WTOP(FM) program WTOP D.C. DFS Investigation.

[Visit Radio World’s News and Business Page]

The foundation also named Beasley Media Group as the 2022 broadcast
ownership award winner. 

The awards were originally announced and presented to winning broadcast
radio and TV stations at a gala held in Washington, D.C. in June. The
Service to America Leadership Awards, the foundation’s highest honor, were presented to chef and humanitarian Jose Andres as well as author and entertainer and entrepreneur Patti LaBelle.

The one-hour program will be airing on more than 700 local stations across
the country. 

The post NAB Foundation Honors Broadcasters’ Commitment to Service appeared first on Radio World.


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NAB Promotes Four to VP Roles

Posted: 13 Jul 2022 02:32 PM PDT https://www.radioworld.com/news-and-business/nab-promotes-four-to-vp-roles


The National Association of Broadcasters has promoted four employees across multiple departments to the role of senior vice president.

Effective July 1, NABs government relations, technology and legal and regulatory affairs departments saw new leadership.

In the government relations department, Nicole Gustafson and Josh Pollack were promoted to senior vice president. Gustafson and Pollack, who both
joined NAB in 2017, advocate before Congress and the administration on
behalf of broadcasters regarding legislative and federal policy issues,
said NAB in a press release.

In the legal and regulatory affairs department, Laura Kaufman has been
named senior vice president and corporate counsel. Kaufman joined NAB in
2019 and also serves as secretary and corporate counsel for the NAB
Leadership Foundation. She previously worked in the law firms of
BakerHostetler and Seyfarth Shaw.

[Visit Radio World’s News and Business Page]

Finally, in the emerging technology department, John Clark has been
promoted to senior vice president as well as the executive director of
PILOT. NAB’s PILOT initiative is a coalition of innovators, educators and advocates dedicated to advancing broadcast technologies and cultivating new media opportunities. He was previously the executive director of the Reese
News Lab at the University of North Carolina at Chapel Hill. He joined NAB
in 2016.

“These well-deserved promotions recognize the leadership and integral role that Nicole, Josh, Laura and John have played in so many of NAB’s recent accomplishments on behalf of broadcasters,” said NAB President and CEO
Curtis LeGeyt in a news release.

The post NAB Promotes Four to VP Roles appeared first on Radio World.


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Fred B. Gives Us a Sign From 1991

Posted: 13 Jul 2022 02:04 PM PDT https://www.radioworld.com/columns-and-views/workbench/fred-b-gives-us-a-sign-from-1991


If you’ve attended an SBE Ennes Workshop, you probably have met Fred Baumgartner, who unselfishly has devoted countless hours of time to the society. 

Now retired, Fred recently visited a transmitter site that he built a
million years ago (well, maybe 30), having not been there for decades. 

Back then, Fred thought the sign shown here might be a good idea and would
help prevent vandalism. As far as he knows, it has achieved that goal for
all these years. 
An informative warning sign to dissuade vandals.

A 2022 version of the sign might drop the tower information, since you ID towers these days, as you know. The reference to videotape is dated, of
course; and Fred wonders if anyone would answer a telephone these days. 

Lots of big lights also illuminate the building at night — there’s nowhere to hide. 

Fred hid the camera, an inexpensive model, in a PVC pipe that looked like a vent; it had a great view. 

The return path was for ENG, so rather than send color bars back to the station, it was the camera feed. There were also cheap cameras in the
building itself, so you could see smoke or an intruder. This was all before
IP, of course.

The point of Fred’s sign was to make sure that folks with bad intentions
were aware that someone … a real person … was keeping an eye on things and might hunt a would-be vandal down if they misbehaved. 

Fred’s experience is that without a sign like this, a concrete block
fortress can seem mysterious, depersonalized and isolated — a tempting
target and possibly unmonitored. 

Of course if someone really wanted to shoot out the tower lights or steal
the copper, they could do it. But like your front-door lock, the sign is
about keeping good people good. 
Free meter

Portsmouth, R.I., engineer, Ihor Slabicky saw our mention in the May 11
column of the Darkwood website and their free volume indicator
applications. 

Ihor reminds us that engineers can visit the Orban website for a free meter
as well. Click here to download your free Orban Loudness Meter.
This freeware loudness meter is offered by Orban.

(Quick quiz: What does URL stand for? Answer at the end.)

[Read Another Workbench by John Bisset]
Well, aren’t you a site …

Speaking of URLs, Paul Sagi writes from Malaysia with an interesting site.

PCrisk is a cyber-security portal, informing internet users about the
latest digital threats. The content is provided by security experts and professional malware researchers. 

For instance an interesting article on malware removal can be found here.

Meanwhile Dan Slentz has another site you’ll want to visit. Engineers are expected to fix everything, right? Well, this site offers free repair
guides for “everything,” written by everyone! 

You’ll find repair assistance for PCs, phones, electronic gear, household products, cameras, even medical products, with nearly 90,000 manuals.
Sorry, no transmitters … yet! 

The URL is simple: www.ifixit.com/.
Keepin’ it cool

Dan also read about a small 6,000 BTU mini-split air conditioning system by Oslo. He writes that small stations or low-budget operations can face
cooling issues in makeshift studios. The issue is the sound generated by a typical wall-mount or window air conditioner. This model isolates the compressor and exchanger from the blower. 

As you can see in the figure, the device straddles your windowsill. The
cost is under $600. 
The OSLO Mini-Split Air Conditioner straddles the windowsill.

One useful feature is resumption of operation if there is a power failure.
The Oslo fits windowsills with up to an 11 clearance. 

For more information, search “Saddle Air Conditioners” here.
LISEN up

More and more phones and tables are finding their way into studios. Dan
also found a useful cellphone/tablet stand for under $20 on Amazon. It accommodates thick cases, has a weighted base and is compatible with both mobile phones iPads or tablets. 
This desk stand with adjustable height and angle promises to provide comfortable viewing.

Enter “LISEN cell phone stand” in the Amazon search block. 
Quiz answer

URL stands for Uniform Resource Locator. As explained by the site developer.mozilla.org: 

“A URL is nothing more than the address of a given unique resource on the Web. In theory, each valid URL points to a unique resource. Such resources
can be an HTML page, a CSS document, an image, etc. In practice, there are
some exceptions, the most common being a URL pointing to a resource that no longer exists or that has moved. As the resource represented by the URL and
the URL itself are handled by the Web server, it is up to the owner of the
web server to carefully manage that resource and its associated URL.”

Your tips help guide others on their journeys through radio. Email johnpbisset@gmail.com. 

The post Fred B. Gives Us a Sign … From 1991 appeared first on Radio World.


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SBE 2022 National Meeting to Be Held in Syracuse

Posted: 13 Jul 2022 01:45 PM PDT https://www.radioworld.com/news-and-business/sbe-2022-national-meeting-to-be-held-in-syracuse


The Society of Broadcast Engineers will hold its national meeting in
Liverpool, N.Y., which is suburb of Syracuse, with events scheduled for
Sept. 28 and 29. 

Here is the schedule breakdown from SBE:

The national SBE Certification Committee and the SBE Board of Directors
meet on Sept. 28.
The annual SBE Fellows Breakfast (invitation-only) and Annual Membership Meeting will be held Sept. 29.
The SBE Annual Awards Reception and the SBE National Awards Dinner conclude
the events on Sept. 29.
A presentation of the society’s major awards will be made at the SBE Awards Dinner, including the Robert W. Flanders SBE Broadcast Engineer of the Year
and James C. Wulliman SBE Educator of the Year, according to SBE.
The keynote speaker at the dinner is media consultant Skip Pizzi, project manager for NextGen TV transition at WNET(TV), New York, according to the
SBE press release.
In addition, local chapters will be presented with awards recognizing achievement for Best Chapter Communications, Best Regional Educational
Event, Greatest Member Growth and other categories. Winners of the local
SBE Chapter Engineers of the Year will also be recognized.
A live webcast of the Annual SBE Membership Meeting Sept. 29 begins at 4
p.m. ET/1 p.m. PT. To view it, go to the SBE website (sbe.org) and click on
the webcast link. The SBE Membership Meeting provides an update on SBE activities and programs. It will also include the induction of the newly
and re-elected officers and directors of the society.
The SBE Annual Meeting will be held in conjunction with the SBE22 Broadcast
and Technology Expo on Sept. 29. The expo includes a trade show exhibit
hall and technical sessions. The Expo is hosted by the Ramada by Wyndham in Liverpool.
SBE President Andrea Cummis, CBT, CTO, said: “I encourage all SBE members, but especially those in the New England area and Canada, to attend the SBE National Meeting. Chapter 22 has always produced a high-caliber event, and
the SBE looks forward to returning to Syracuse and working with the Chapter
to host the SBE national event.”


Registration for SBE22 is required and is free. 

[Visit Radio World’s News and Business Page]

The post SBE 2022 National Meeting to Be Held in Syracuse appeared first on Radio World.


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Alabama SECC Utilizes Monitor Server, Satellite Network to Improve EAS

Posted: 13 Jul 2022 10:30 AM PDT https://www.radioworld.com/news-and-business/business-and-law/alabama-secc-utilizes-monitor-server-and-satellite-network-to-improve-eas


Most State Emergency Communications Committees (SECCs) have submitted their state EAS plans to the FCC prior to the agencys July 5 deadline. Alabama is
no exception.

Larry Wilkins is the director of engineering services for the Alabama Broadcasters Association and chairman of the states SECC. He shared with
Radio World the improvements that were made to Alabamas EAS plan, which, according to ABAs website, was drafted in 2017 and last revised in January 2021. He also spoke to the systems Alabama already has in place in case of state emergencies.
Larry Wilkins

Radio World: Who constitutes the membership of your SECC?

Larry Wilkins: The Alabama SECC is made up of representatives from all agencies/organizations that are responsible for the distribution of state
EAS alerts and tests.  

This includes the State Emergency Management Agency (AEMA); Alabama Law Enforcement Agency (ALEA); National Weather Service (NWS); Alabama
Broadcasters Association (ABA); Alabama Cable Association (ACA); Technical representatives from radio and television operations in the state.

RW: What steps did your SECC take, if any, as a result of the FCCs recent actions to improve EAS?

Wilkins: The SECC met to discuss any changes needed before filling out the
new online version of the plan. We did make some minor adjustments in the monitoring assignments to state relay networks and LP stations to ensure national level alerts issued via the state PEP station are relayed with the shortest route possible.

[Related: Not All SECCs Have Submitted State EAS Plans]

RW: How is the state plan that youve submitted different from your earlier plans?

Wilkins: The paper version of the Alabama State EAS plan had a lot more information than was requested by the online version. Looking back, there
was probably too much information concerning technical operation of the EAS system in the original plan. I feel the new form is a good idea, since it allows FEMA and the commission to have the same form for all states.

RW: What special considerations does EAS have to deal with in Alabama?

Wilkins: Alabama, being a costal state, which borders the Gulf of Mexico is subject to hurricanes quite often, plus the state has two nuclear power
plants in operation.  EAS participants (in affected areas) are instructed
to program their EAS units for these two possibilities.

RW: What unusual alert systems or infrastructure is in place that other
states might find interesting?

Wilkins: The Alabama PEP station is an AM station that operates with 50 kW
day and 500 watts at night. We have installed an IP feed from the PEP
station to the master control of our two state relay networks, Alabama
Public Television Network and Alabama Public Radio Network.

[Related: Wyoming Overhauls SECC to Draft State EAS Plan]

RW: What else should we know?

Wilkins: The Alabama SECC maintains a special EAS monitor server that
presently is monitoring over 170 different EAS units around the state. This server was installed several years ago to enable the SECC to keep a watch
on the “health” of the state EAS distribution system. This as proven to be beneficial in spotting and correcting any issues around the state. There
are no cost to the stations for this service. Stations are reminded that
the state server does not relieve them from maintaining the required
Station Log.

The Alabama SECC also has a satellite network (GSSNet) that allows approved agencies to issue statewide alerts through a secure portal. We presently
have 44 downlinks at major stations around the state. This system was
installed and maintained without any cost to the station. It is
interconnected with the IPAWS system and serves a redundant distribution
system in the state. 

RW: Can you provide a link to your plan, or a graphic from the plan as a visual?

Wilkins: The Alabama SECC filed the plan in May. It was reviewed by the commission and, following a conference call, we made some edits to the plan
and resubmitted it for review. We understand the online plan is not
available for viewing by anyone other than the FCC and FEMA.  

Our present plan is posted on the Alabama Broadcasters Association website.
We are working on an updated EAS monitor assignment document that will be
on the ABA website as well.

The post Alabama SECC Utilizes Monitor Server, Satellite Network to Improve
EAS appeared first on Radio World.


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Court Nixes FCCs Double-Verification Mandate on Foreign Sponsorship

Posted: 13 Jul 2022 07:28 AM PDT https://www.radioworld.com/news-and-business/business-and-law/court-nixes-fccs-double-verification-mandate-on-foreign-sponsorship


This story was originally posted by our sister publication Broadcasting & Cable. 

In a victory for the National Association of Broadcasters, a U.S. appeals
court has vacated the Federal Communications Commissions tightened foreign program-sponsorship disclosure requirements, saying the agency lacked
authority to do so.

Broadcasters must still make good-faith efforts to identify
foreign-sponsored programming, just not according to a new, specific FCC mandate.

The U.S. Court of Appeals for the D.C. Circuit took a narrow view of legislative language and the FCC’s regulatory authority to interpret it beyond the four corners of the courts reading of that language.

The FCC had said broadcasters needed to check two federal sources to
determine a sponsor’s identity, which went beyond the 1934 Communications
Act requirement to ask employees and advertisers for the information
necessary to establish sponsorship.

The FCC was concerned about China and Russia secretly leasing airtime to broadcast propaganda, and so a unanimous commission voted to toughen the disclosure requirement. In 2021, it adopted an order on “Sponsorship Identification Requirements for Foreign Government-Provided Programming.”

[Related: Attention, Stations: Foreign Sponsor ID Is Now in Effect]
A three-judge panel from the D.C. Circuit said the FCC lacked authority to tighten foreign program-sponsorship disclosure requirements. (Image credit: Wikimedia Commons)

In addition to having to tell sponsors about disclosure requirements,
asking them if they, or anyone down the production chain, were a foreign
entity or agent, the FCC said stations would now have to “independently confirm the sponsor’s status, at both the time of the lease and the time of any renewal, by checking the Department of Justice’s Foreign Agents Registration Act website and the FCC’s U.S.-based foreign media outlets reports.”

The National Association of Broadcasters challenged the double-verification requirement, including on First Amendment grounds. A three-judge panel of
the court did not get into the First Amendment issue, but vacated the double-verification requirement.

It said the FCC had “decreed a duty that the statute does not require and that the statute does not empower the FCC to impose.”

That‘s because the court concluded the statute limited them to requiring broadcasters to exercise “reasonable diligence” in getting info from employees and sponsors, while the FCC extended that to government sources, something that ‘is not in the law Congress wrote.”

The FCC had argued that verification fell within reasonable diligence and
its general authority to prescribe appropriate rules and regulations. NAB
had argued broadcasters had told the court that the FCC’s decision to make broadcasters affirmatively investigate whether programming — including ads and infomercials — was being paid for by foreign entities was an arbitrary and capricious, unconstitutional response to a “phantom” problem.

[See Our Business and Law Page]

Broadcasters’ duty to find out who pays for programming is confined to conducting due diligence to find out from those it deals with directly at
the source, NAB had argued. That is because a court already ruled that statutory language imposes no burden of “independent investigation” by licensees.


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