They've FLIPPED (The FCC, that is)

[TomT]

Anyone in a management position better go read the "localism" notice of proposed rulemaking; go to www.fcc.gov and scroll down to "FCC Adopts Localism Proposals."where the 98 page release is available in either Word or PDF format.

Among the crazy items brought up:

1. All stations must create a public advisory board (like some of the public broadcasters have). Not stated, but implied, will be subsequent requirements to document when station personnel met with this board, who is on it, what was discussed, ad nauseam;

2. Proposals for setting specific amounts of news and public affairs programming;

3. Proposals to require 24/7 staffing at "each station" (which means what in a cluster?)

4. Proposals to revert back to pre-1987 main studio rules. Under those rules, the main studio had to be either inside the borders of the city of license, or at the transmitter site. FM stations could be located at the AM studio site. Now, you have a cluster of six stations, with only one located in the city of license....what now? If this happens and the 24/7 happens, then what is now a 6 station cluster could conceivably be required to build 5 new studios and staff each one 24/7.

5. Proposals to require stations to play certain amounts of "local" music, and keep records of music schedules, justifying why certain songs were selected;

6. Questions about whether voice-tracking can be defined and or controlled;

There's more.

Now, if you really want to question their sanity, look at what the TV people are supposed to do under "enhanced TV disclosure requirements." If someone doesn't sue to stop these new TV rules, they deserve a happy chapter 11 bankruptcy. The kicker is that the Committed, err, Commission, seems to think the same rules should apply to radio:

Link to the full story on "form355": http://www.broadcastlawblog.com/ (if they've posted something new, you may need to look for the topic in the sidebar on the right of the page)

 

[radioplayer]

Tom,

I agree with you that for the most part, the latest "localism" attempt going on at 12th St NW is totally the work of bureaucrats who have never run a real radio station, nor have they ever been past the beltway!

the only people that will benefit in this latest comment period for the R&O are the beltway lawyers! ($$ ching-ching!!!)

Those offices on K Street must have needed remodeling .... maybe that's the reason that the guys down in the Media Bureau came up with this stuff......

Scary times indeed if you're the little guy trying to make your station work today.

If the FCC was really serious, why re-write when all they have to do is reinstate? This stuff is all in the '33 act for the most part. It just smells like a rat to me.......

 

[Bongwater]

Anyone in a management position better go read the "localism" notice of proposed rulemaking; go to www.fcc.gov and scroll down to "FCC Adopts Localism Proposals."where the 98 page release is available in either Word or PDF format.

Among the crazy items brought up:

1. All stations must create a public advisory board (like some of the public broadcasters have). Not stated, but implied, will be subsequent requirements to document when station personnel met with this board, who is on it, what was discussed, ad nauseam;

2. Proposals for setting specific amounts of news and public affairs programming;

3. Proposals to require 24/7 staffing at "each station" (which means what in a cluster?)

4. Proposals to revert back to pre-1987 main studio rules. Under those rules, the main studio had to be either inside the borders of the city of license, or at the transmitter site. FM stations could be located at the AM studio site. Now, you have a cluster of six stations, with only one located in the city of license....what now? If this happens and the 24/7 happens, then what is now a 6 station cluster could conceivably be required to build 5 new studios and staff each one 24/7.

5. Proposals to require stations to play certain amounts of "local" music, and keep records of music schedules, justifying why certain songs were selected;

6. Questions about whether voice-tracking can be defined and or controlled;

There's more.

Now, if you really want to question their sanity, look at what the TV people are supposed to do under "enhanced TV disclosure requirements." If someone doesn't sue to stop these new TV rules, they deserve a happy chapter 11 bankruptcy. The kicker is that the Committed, err, Commission, seems to think the same rules should apply to radio:

Link to the full story on "form355": http://www.broadcastlawblog.com/ (if they've posted something new, you may need to look for the topic in the sidebar on the right of the page)

Oh Wahwahwah!

I think this is targeted at the big conglomerates more than the few individual Ma/Pas. They'll feel the pinch less. Besides, almost every decent locally owned station I've seen has SOMEBODY there 24/7 (computers do break down). Even some daytimers-sometimes just as night security. The ones that don't are usually pretty crappy.

I mean seriously, if a corporation owns 6 multi-million dollar radio stations in a market and they can't (at the very least) afford 6 extra people at barely minimum wage to sit in at the transmitter site just in case something goes wrong. Or handle input from anyone else other than fellow members of the Radio Industry Old Boy's Club. Or handle any kind of news beyond entertainment gossip. Or locate their stations in their PROPER community of license (where they SHOULD be in the FIRST place.) Or feature LOCAL music (there are talented young people making GREAT music everywhere.) And maybe every get a grip on that voicetracking problem?


Then they're obviously in way over their heads. So they'd better QUIT CRYING and SELL A DAMN STATION-OR TWO and get some blood circulating in this industry again. Because I have absolutely NO sympathy WHATSOEVER for tightwad mega corporations. Not after that 1996 debacle and all the ramifications several radio people (including ME) had to endure because of it. They had it coming as far as I'm concerned.

Feels good to finally get something good happening in radio after this long.

Crazy it may be, but it sure as hell beats the utterly incompetent, feeble way the old industry guard has ham-handedly mismanaged what was once an exciting and vibrant industry that now no longer exists under their control.

I usually don't agree with the FCC on many things, but THIS is something I can get behind. It's about time the FCC finally asserted control where it actually matters......

 

[TomT]

Obviously, you've missed the point. The big groups can afford to have someone sit around and watch tv all night. The big groups can afford to hire somebody for 20k a year just to fill out FCC paperwork. It's the small stations that get creamed--and fined, when some stupid piece of paper is missing.

Example: Little 100 watt college state run by Holy Cross College in Worchester, Mass.
Fined several thousand for not having "issues" lists.

 

[gr8oldies]

That will certainly loom great on a resume..sat and babysat a transmitter that didn't need babysitting. Yep, you'll certainly be on your way to radio stardom.

Local music...you have anny idea how quickly the audience is going to push the button when a local bar band comes on? Nobody played "local music" in "the good old days" either, unless you were in Detroit, Memphis or someplace else with a scene like that.

 

[FredRichards]

Tom, I wonder if these harsh "proposals" are not being floated, then the FCC can back off the criteria to make the larger majority of the population/ownership happy. Then they can sit back and compliment themselves on a job well done. I'm skeptical about this FCC doing anything in the public interest.

 

[TomT]

Would be nice, but there is an actual rule for TV, the "enhanced disclosure requirements" that will require TV stations to file a new form "Form 355." This form requires an extensive catalog of program reports that will mean many hours to compile. See the www.broadcastlawblog and look for the story on this in the right hand box.

If the Commission is willing to go to such extremes against the TV stations, can radio be that far behind?

 

[Bongwater]

Obviously, you've missed the point. The big groups can afford to have someone sit around and watch tv all night. The big groups can afford to hire somebody for 20k a year just to fill out FCC paperwork. It's the small stations that get creamed--and fined, when some stupid piece of paper is missing.

Example: Little 100 watt college state run by Holy Cross College in Worchester, Mass.
Fined several thousand for not having "issues" lists.

Actually, YOU might be missing the point. You see, this happened before all the Reagan-era deregulation (to say NOTHING of Telecom '96) at the broadcaster's peril. Broadcasters walked a finer line then. You don't have/misplaced/dog ate/misfiled your papers? It's your butt. MOST smaller stations (not all, but roughly 97% of them), especially NOW know all about fines. I doubt they're going to risk being as cavalier as the conglomerate stations, which until the Janet Jackson debacle (which I admit was one area the FCC should have known better than to even THINK about treading - how many many people actually SAW the nipple LIVE-not on VHS rewind, but LIVE.) And if they do screw up, well, circle of life. One dies, another comes to replace it.

Secondly for gr8oldies, as far as local music goes, if all you know are karaoke singers and cover bands from your local Slurp-N-Burp with NO original material, you'd be surprised what else is out there. Check your local free alternative weeklies, most areas have at least one. Although most of these bands don't play covers of oldies, it should give you an idea of what else is out there. And it's more than hard rock and hip-hop. There's everything from AC to jazz, blues to country, techno to folk, Christian to R&B, etc. Hell, why not make it FUN and encourage local talent to send in CDs/MP3s (hell, even stuff recorded on a K-Mart cassette deck would be interesting-if not outright hilarious.) Make a competition! You'd be surprised at the possible untapped musical riches that lie in the underground of your local COL. Just remember (and I'm from Seattle by the way.) In the '80s, no commercial radio station (aside from an AM rock station called KJET) played local rock. Everybody thought this music was nothing and it would go nowhere....until Nirvana broke out and BOOM! Suddenly, EVERY station wished they could have been the first to play them (KJET was taken off in September 1988 by it's owners and replaced with an even less successful oldies format. But KNDD did, but they just barely got in by signing on in August 1991...and in the nick of time too.)

Personally, I'd rather take my chances in playing and possibly breaking new local talent to a national audience. We can ALWAYS use a new Pat O'Day, John Peel or Rodney Bingenheimer. To just presume there's nothing in your area is wrong. Nirvana started in Aberdeen, WA, The Posies started in Bellingham, WA, The Screaming Trees started in Ellensburg, WA. Heart started in Bellevue, WA - they had to migrate to Vancouver, Canada to get any attention since most local stations had long dropped playing local music in favor of the Top 10 hits. (granted they were all Washington State bands, but WHO KNOWS what exciting NEW music lurks in YOUR area? You will never know until you swallow your pride and LOOK for it....)

And the roots of many rock/pop bands we know today got their start in their small hometowns. There was a time local stations has something called "regional hits". Those stations didn't suffer, they became LEGENDARY (like KJR-AM was in the 1960s, which ushered in The Fleetwoods, Merrilee Rush, The Ventures and Jimi Hendrix in the first wave of Seattle/Northwest rock.) Which KNDD has established now as IT'S legacy with Seattle rock from the '90s. Some of the most collectable record albums on eBay are radio station produced compilations featuring the early recordings of soon-to-be famous bands/musicians.

Trust me. local music DOES work.

 

[TomT]

Rant, rant, rant. I've been in the business since '69. Granted, we used to have the requirements for a minimum amount of news and public affairs, but we didn't have a public inspection file, issues lists, etc. etc.

And there were fewer stations and more advertisers. In my market in '69 there were 5 am's and 3 fm's. Now there are six am's--but 9 fm's. In '69 no mall, no McDonalds; Sears and Penney's both big advertisers. Now Walmart has killed off most of the small stores that used to advertise, while the rest have fled to the mall--which sucks up advertising budgets from the renters, then buys newspaper and TV.

More stations--less advertising dollars--less $$$ for staff to run things.

And as far as local music--what? Country and grunge rock? I own a light rock. Aren't that many would-be Michael Bubles/Celine Dions out there.

 

[dbdigital]

Rant, rant, rant. I've been in the business since '69. Granted, we used to have the requirements for a minimum amount of news and public affairs, but we didn't have a public inspection file, issues lists, etc. etc.

And there were fewer stations and more advertisers. In my market in '69 there were 5 am's and 3 fm's. Now there are six am's--but 9 fm's. In '69 no mall, no McDonalds; Sears and Penney's both big advertisers. Now Walmart has killed off most of the small stores that used to advertise, while the rest have fled to the mall--which sucks up advertising budgets from the renters, then buys newspaper and TV.

More stations--less advertising dollars--less $$$ for staff to run things.

And as far as local music--what? Country and grunge rock? I own a light rock. Aren't that many would-be Michael Bubles/Celine Dions out there.

While I'm a strong advocate of localism, I have to say that these proposed rules are a nightmare. It's not as if station owners don't have enough FCC regulations and accompanying paperwork to keep track of. If these rules were enacted they would be a money-making bonanza for the Commission. Imagine the quantity of fines that would be imposed.

Why not just a simple rule requiring so many hours of local programming and a simple on-line form showing conformity to that rule with dates, time and type of local programming aired.

Although I have to say I got a smile out of the rule that asks for a station to be located in its COL. Imagine KBRT, with studios now located about 40 miles inland in Costa Mesa, CA, being exiled to Catalina Island, the station's COL.

I can just picture a staff of sea sick employees being daily ferried out to the island and back.

db

 

[TomT]

Note the deadline for comments is March 14 (only 30 days after NPRM published in the Federal Register). I am suspicious that a deal has been cut already. Kevin-"the Kid" Martin got the CC privatization deal and the Tribune deal through, in return, the lefties will get an internet public file for all stations.

Too many of the big boys have expensive consolidated clusters to bring back the local studio rule. And how would the Commission know you aren't manned at 2 AM? Require payroll records?

Local advisory boards? With representative from 20 different segments of the community? I'm licensed to a town of 2400. Can I deputize my staff to go arrest enough "community leaders" to have a quorum for an advisory board?

No, what we are likely to see is "we've considered all the comments and have decided against 24/7, revised local studio rules (etc.) Instead, we will merely create a reporting form for radio to be posted on the station's web site to 'enlighten the public' about the station's public affairs, news and local music programming."

Mandating a standard form to be posted on the internet which goes into exhaustive detail on percentages of various types of programs then becomes a simple way for the lefties to get what they really want: More money for the DC lawyers, a rich vein of contention for the professional extortionists to mine, and a way for the fat-assed bureaucrats to raise money for the Congress by simply logging onto a station's web-site & nit-pick the form for obscure errors.

 

[Carmine5]

Note the deadline for comments is March 14 (only 30 days after NPRM published in the Federal Register). I am suspicious that a deal has been cut already. Kevin-"the Kid" Martin got the CC privatization deal and the Tribune deal through, in return, the lefties will get an internet public file for all stations.

Too many of the big boys have expensive consolidated clusters to bring back the local studio rule. And how would the Commission know you aren't manned at 2 AM? Require payroll records?

Local advisory boards? With representative from 20 different segments of the community? I'm licensed to a town of 2400. Can I deputize my staff to go arrest enough "community leaders" to have a quorum for an advisory board?

No, what we are likely to see is "we've considered all the comments and have decided against 24/7, revised local studio rules (etc.) Instead, we will merely create a reporting form for radio to be posted on the station's web site to 'enlighten the public' about the station's public affairs, news and local music programming."

Mandating a standard form to be posted on the internet which goes into exhaustive detail on percentages of various types of programs then becomes a simple way for the lefties to get what they really want: More money for the DC lawyers, a rich vein of contention for the professional extortionists to mine, and a way for the fat-assed bureaucrats to raise money for the Congress by simply logging onto a station's web-site & nit-pick the form for obscure errors.

Yes, like all well-meaning initiatives this could easily be vulnerable to abuse by the government.

While I like the idea of some type of mandated localism, particularly for regions that cannot have LPFM, I have to think that this could end up like the payola settlement.

I don't know how it's working out in your area, but where I am local artists still cannot get their music played on stations owned by the conglomerates who settled in the case. The agreement has been basically ineffectual so far.

I can see the same thing happening with this localism initiative. It doesn't benefit the community as it was supposed to but does add a layer of complexity to station owners trying to comply with it.

C5

 

[WCWalker]

I think its safe to say that many companies will find a way to get around these proposed rules changes. One that comes to mind is the COL issue. Don't be surprised if if a significant number of stations suddenly change their C'sOL and move to what they perceive to be a more lucrative community's as opposed to staying in their existing communities.