This Week in Regulation for Broadcasters: July 17, 2021 to July 23, 2021

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. The four television network affiliates groups have asked the FCC to clarify its new rules for sponsorship identification of programming... Continue Reading…

FCC To Clarify Political Advertising Rules – No Significant Changes Proposed

Last week, it was announced that the FCC would be considering some changes to its political broadcasting rules at its monthly open meeting in August.  In some quarters (see, for example, this article), that raised concern that significant changes were coming in time for the 2022 Congressional elections.  But, when the draft of the proposed... Continue Reading…

This Week in Regulation for Broadcasters: July 10, 2021 to July 16, 2021

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC’s Video Division of its Media Bureau has begun to release decisions on TV license renewal applications filed in... Continue Reading…

Using Photos on Your Website – Court Decision Highlights Problems with a Creative Commons License and Other Copyright Issues

We’ve written many times about the perils of posting a photo on your website without getting permission from the photo’s owner (see, for instance, our articles here and here).  Copyright protects photos, even when they are shared on the Internet.  Just by posting a photo to some website does not mean that the owner has... Continue Reading…

Could a Supreme Court Decision Affect Disclosure Obligations on Political Advertising?

Last week, we wrote about two dissenting opinions in a Supreme Court decision that highlight the debate that is underway on the principles that govern defamation liability in the United States.  While we are reviewing Supreme Court decisions that could have an impact on broadcasters, including on political advertising, we thought that we should highlight... Continue Reading…

This Week in Regulation for Broadcasters: July 3, 2021 to July 9, 2021

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. This week all but ends analog television operations in the US. The FCC’s Media Bureau reminded all low power television... Continue Reading…

Two Supreme Court Justices Try to Ignite Debate on Defamation Standards – What A Change Would Mean for Broadcasters News and Political Ad Sales

For well over 50 years, the Supreme Court’s New York Times v. Sullivan decision has governed the principles applied by the courts when assessing any claim of defamation.  That standard requires that, to find a statement about a public figure to be defamatory, not only does the statement need to be false, but it also... Continue Reading…

This Week in Regulation for Broadcasters: June 26, 2021 to July 2, 2021

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC this week reminded television broadcasters of their obligation to make televised emergency information accessible to persons with disabilities.... Continue Reading…

FCC Publishes Annual Reminder on Accessibility Obligations for Broadcast of Emergency Information

The FCC yesterday released a Public Notice reminding TV stations and other video programming providers including cable and satellite television providers of their obligations on making emergency information accessible for all viewers.  With a few tweaks, including emphasizing that more hurricanes and wildfires occurred in the last year, the reminder is very similar to what... Continue Reading…

New Legislation to Impose Sound Recording Performance Royalty on Over-the-Air Radio – What Does It Provide and What Would the Royalty Cost?

Last week, Congressmen Ted Deutch (D-FL) and Darrell Issa (R-CA) introduced the American Music Fairness Act ( see their Press Release for more details) which would impose a new music royalty on over-the-air radio stations.  The royalty would be payable to SoundExchange for the public performance of sound recordings.  This means that the money collected would... Continue Reading…

2020 Recap

2020 has been an extremely challenging year for our nation and especially our state. Many Nevada broadcasters have struggled to survive under the weight of a depressed local economy and uncertainty of the future.

Many families experienced financial and physical loss because of the pandemic. I was saddened to hear of the passing of veteran Reno news anchor and good friend Brent Boynton who succumbed to the disease in November.

To be honest, in January and February of this year, few of us knew what we would experience in 2020.

On January 30 we were thrilled to attend the ribbon cutting for Telemundo’s KBLR new 22,622 square foot media center. Congratulations to President and General Manager Ramiro Lopez!

The next day we welcomed Congresswoman Susie Lee, Henderson Mayor Debra March, North Las Vegas Mayor John Lee, County Commissioner Michael Naft and State Senator Scott Hammond to the grand opening of our new offices on South Eastern off the I-215.

In February a group of us traveled to Washington D.C. to meet with Nevada’s Congressional Delegation and lobby on behalf of Nevada’s broadcasters. With the help of KCEP General Manager Craig Knight, we were able to convince Congressman Steven Horsford to support the Local Radio Freedom Act. With the support of Representatives Mark Amodei and Susie Lee we worked with the National Association of Broadcasters to help secure enough votes to kill a radio royalty fee which had surfaced in two different bills.

Throughout February and March, we were able to conduct 26 alternative FCC inspections (ABIP), a service we provide, free of charge, to all of our members.

And then in March, our world was turned upside down and yours as well.

We locked up our new offices and started working from home, but we ended up having one of the most productive years in the history of the Association.

Early on, we had to make the difficult decision of canceling our annual Hall of Fame Gala, along with our Northern and Southern Golf Tournaments, three events critical to the funding success of our Foundation and the Tony and Linda Bonnici Scholarship Program.

With help from our Washington D.C. lobbying team, the Porter Group, we started scheduling Zoom meetings with every member of our Congressional delegation. It was important that they heard about the plight of broadcasters and how our industry has been unselfishly serving the community with impactful outreach projects and with our own NCSA program which pushed out important messages on health and safety protocols.

By the way, thank you for donating airtime to our efforts so we could facilitate the messaging for multiple COVID campaigns. Your generosity also helps pay for our operating expenses and we are extremely grateful for our partnership!

As the year progressed, we lobbied our congressional representatives to make sure that all broadcasters were eligible for PPP loans and that federal ad dollars would be directed to local stations here in Nevada.

When the state legislature conducted its special session, we were asked by the Legislative Counsel Bureau to coordinate the access of all of the radio and television stations who wanted access to the legislative building. It was a herculean task but thanks to the cooperation of our member stations, it was a success!

The Nevada Broadcasters Association also worked hard to get a letter from Governor Sisolak and the Department of Homeland Security specifying that broadcasting was an essential business and that our members needed to conduct their normal operations while ensuring that management and employees implemented prescribed health and safety measures.

Throughout the year we conducted three separate distributions of face coverings to any radio or television station that wanted them. We also were able to provide Reno-area radio and television stations with air support surveillance from the Washoe County Sheriff’s office during a 72-hour period of unrest and violent protests.

Despite everything that’s taken place, the Nevada Broadcasters Association will finish the year in a strong place financially. We will be able to donate a portion of our net income to our Foundation to use for scholarships. This is especially critical because traditional fundraising activities were suspended in 2020.

Thank you again for your support.

Mitch

Introducing New NVBA Chairman Chris Way