View or download an PDF copy of the current marked up here! click here

IBS is Still Saving Your Streams!!!

This legislation is as a result of meetings held by the Copyright Office with Washington, DC attorney's representing various groups subject to artist/label copyright fees. The Intercollegiate Broadcasting System (IBS) was invited to participate. IBS is the only educational/noncommercial organization with long term Washington, DC based copyright counsel. Back in the 1970s IBS working with the Copyright Office and the Arbitration Panel of the time created the rates and payment system for ASCAP/BMI/SESAC which has generally worked well for three decades. IBS protects its member's rights.

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RTNDA - Radio and Television News Directors Association - Campus Connections

RTNDA Scholarship awards for 2004

The Radio and Television News Directors Foundations offers nine scholarships each year to journalism students. Several of the awards are designed to encourage minority students to pursue journalism careers. A full description and applications are online at Êhttp://www.rtnda.org/asfi/index.asp. Here are this yearÕs winners:

Maryanne Bruister, University of Alabama: Mike Reynolds Undergraduate $1,000 Scholarship

Gabriel Gutierrez, University of Texas at Austin: George Foreman Tribute to Lyndon B. Johnson $6,000 Scholarship

Alexis Hunt, Indiana University: Carole Simpson $2,000 Scholarship

Leland Kim, UCLA: Ken Kashiwahara $2,500 Scholarship

Justin Kircher, Susquehanna University: Lou and Carole Prato $1,000 Sports Reporting Scholarship

Henry Kwan, Yale University: Abe Schechter $2,000 Graduate Scholarship

Kailyn Reid, Drake University:$2,500 President's Scholarship

Justin Terry, Boise State University: $2,500 President's Scholarship

LaKendra Tookes, University of Florida: Ed Bradley $10,000 Scholarship

RTNDF also offers internship opportunities in the U.S. Senate and House press galleries for recent journalism graduates.Ê This firsthand experience not only helps build journalism skills, but also provides a unique window into the activities of government's legislative branch.

RTNDF strongly encourages scholarship recipients to attend the RTNDA annual convention to help launch their careers by meeting with news professionals. Each winner is paired with a mentor and also is invited to attend educational sessions throughout the convention.Ê The awards, combined with participation at the annual convention, can make a pivotal difference in the lives of these aspiring journalists.

For more information, please contact: Karen Jackson-Bullitt, manager, diversity and awards programs, 202.467.5218 or karenb@rtndf.org

STUDENT CHAPTERS GEAR UP

RTNDA has Student Chapters at 32 colleges and universities. You can see the complete list at http://www.rtnda.org/membership/students.shtml. If youÕre a student or educator member of RTNDA and do not have a chapter at your school, we can get you started. Just call Juan Crespin, membership manager, at 202.467.5210 or email him at juanc@rtnda.org. He will send you the forms and other information you need.

Reminder: You must have a minimum of five students and one chapter advisor to start a chapter. All students serving as chapter officers or attending RTNDA chapter meetings must be members of RTNDA.

MARK YOUR CALENDARS FOR RTNDA@NAB

Each April, RTNDA members gather in Las Vegas for our annual conference and exhibition. ItÕs a great opportunity to meet people in the business, map your career, attend informative sessions, hear from industry leaders and learn about the issues facing the business. RTNDA offers many sessions at the conference geared specifically toward students, including workshops on getting your first job, writing, reporting, producing, online and more. We also participate in a career fair at the show. In addition, there are dozens of sessions on other facets of broadcast journalism.

RTNDA@NAB: April 18-20, 2004, at the Las Vegas Hilton.

STUDY GUIDES:

Power Producer

Are you interested in TV news producing? This is a wide open field and a perfect one to consider. Producing is a great way to get into the business, and from there you can grow your producing career or go into writing, editing, reporting or anchoring.

RTNDA has a fun, reader-friendly book that gives you all the basics about TV producing. ÒPower ProducerÓ is an easy-to-read, candid look at television news producing that gives students all the information they'll need to do a great job. You will learn how to write better, come up with great story ideas, build and organize a quality newscast, use graphics and write teasers that sell. The book also includes sections on ratings and research, ethics and decision-making, training opportunities and career advice.

Many colleges use this as a textbook (and get bulk rates of just $18 per book). The regular price is $27 for RTNDA members. Order your copy today online at http://www.rtnda.org/bookstore/order.asp or download an order form at http://www.rtnda.org/bookstore/PowerProducerForm.pdf.

Making of a Murrow

RTNDA has produced a series of videotapes, DVDs and CDs for classrooms to use in training broadcast journalism students. ÒMaking of a Murrow: Strategies for Award-Winning Broadcast Journalism,Ó features award-winning stories and production notes, plus interviews with the winners and comments from the awards judges. You may order online at http://www.rtnda.org/asfi/awards/mom.asp or download an order form at http://www.rtnda.org/asfi/awards/makingofamurrow.pdf and fax to 202.223.4007. Television orders are ready to ship and radio orders will be shipped in September.

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NY Times Article: "A Radio Challenge to Arbitron" August 23, 2004

A Radio Challenge to Arbitron
By NAT IVES

A THREE-YEAR-OLD company plans to describe a new service today that will measure radio audiences in cars, combining global positioning technology and continuous tracking of the radio dial to challenge Arbitron, the dominant radio ratings provider.

The service, from Navigauge, is not likely to weaken Arbitron's grip, but it may remind radio executives and advertising agencies that established ratings systems have room to improve, executives said. Arbitron generates its data by asking consumers to record their listening habits in paper diaries.

Howard Nass, a principal at Nass-Hitzig Media, a media services and consulting company, found fault with Arbitron's methods, saying the company depends on consumers' recollections, uses small samples and has low cooperation rates. "That has to be fixed," he said, "because there are billions of dollars going into radio."

Advertisers may spend more than $20 billion on radio this year. The medium collected $19.6 billion in ad revenue last year, up from 2002 and 2001 but still shy of the record set in 2000, when revenue was $19.8 billion, according to the Radio Advertising Bureau, an industry association.

The challenge of accurately measuring audiences is not limited to radio. Nielsen Media Research, the VNU unit that dominates television ratings in the United States, has battled public relations and legal challenges in its effort to replace its diary system with personal electronic "people meters."

Events have also called into question the reliability of print circulation figures. Newsday, The Chicago Sun-Times and the Spanish-language daily Hoy have recently acknowledged that they falsely increased their circulation figures. That has heightened scrutiny of the Audit Bureau of Circulations, which verifies circulation figures.

Meanwhile, the radio business has been caught in its own tangles. Most recently, the radio giant Infinity Broadcasting threatened to stop using Arbitron. After a monthlong standoff, Infinity and Arbitron said last Tuesday that they had reached a multiyear deal.

All the dust-ups have only heightened longstanding industry agitation over ratings.

"Even before advertisers and their agencies became increasingly obsessed over return on investment in the last year or so, there was always a concern over 'am I getting what I'm buying?' " said James Boyle, a broadcast analyst and managing director at Wachovia Capital Markets.

Navigauge executives are betting that shortcomings in the system will provide an opportunity for them. "For a long time, the radio industry itself has lamented the fact that it gets a large percentage of consumers' media consumption but a disproportionately small share of advertising revenue," said Tim Cobb, chief executive at Navigauge in Atlanta. "That's based on the fact that they cannot articulate to advertisers the value that they are delivering."

Navigauge has developed its technology with $6.5 million in funding from institutional investors like Skyterra Communications and the Armada Venture Group. It has sought input - and income - from marketers including Coca-Cola and McDonald's, who have helped the company pay for an Atlanta test run that fitted more than 500 cars and trucks with the videotape-size Navigauge device. It hopes to be operational in the 10 largest markets by early 2006, and in the top 20 markets by later that year, finances permitting.

Mr. Cobb said the second-by-second analysis of listening and location made the Navigauge approach worth exploring. "We're not going to bash Arbitron, because I think they do a good job with the information they have, given the way they collect it," he said. "But when we've done a comparison of a diary to actual behavior, the results are radically different."

Arbitron executives said that it was insufficient to measure listeners only in cars, despite the importance of drive-time radio. "Radio needs a service that captures the entire day, the entire audience," said Thom Mocarsky, vice president for communications at Arbitron in New York. "That's what we do now. It's not perfect, but we do it."

Like Nielsen, Arbitron has been trying to abandon paper diaries. It is winding down a test of people meters in Philadelphia and preparing for a bigger test next year in Houston, to run through early 2006. The meters, which resemble pagers and must be worn throughout the day, detect inaudible codes that can be embedded in radio and television programming.

But Arbitron has so far failed to convince broadcasters like Cox Radio, Infinity and Radio One to embed the necessary codes. "We would do anything to help our advertisers get better information," said Joel Hollander, president and chief operating officer at Infinity, a Viacom unit that owns about 180 radio stations in 22 states. But he said that the cost of embedding the codes might be a problem, especially when broadcasters were uncertain how expensive or effective they would be. "The broadcasters help fund it," he said.

Mr. Mocarsky, the Arbitron vice president, said that about 35 cable networks and 5o Houston radio and television stations have installed encoders that can be used in the Houston test.

Navigauge, meanwhile, will seek slices of the ratings business. The company hopes that its capacity to track participants' cars through the global positioning system will add new layers of useful information for marketers. For example, the company can tell where drivers stop for lunch and whether radio commercials can change people's destinations. The global positioning capacity could also provide information on the amount of traffic moving past billboards, aiding the outdoor ad industry in the notoriously difficult task of measuring signage exposure.

Frannie Wellings, a policy analyst at the Electronic Privacy Information Center, a Washington advocacy group devoted to privacy issues, said people who agreed to drive around with Navigauge boxes under their hoods might not realize the implications until later. "When you ask people to start in something like that, they are initially active in the decision, but they don't know what's going to be inferred from their habits," she said. "Later on they actually might find themselves stuck in sort of a profile about a certain area and how they participate by listening to advertisements."

Then again, in the imperfect world of media ratings, some might call that progress.

RAEL - Radio Advertising Effectiveness Lab
Funded by organizations like Arbitron and RAB new information is a RAEL promise!

RAEL works with advertisers, agencies and Radio broadcasters in an effort
to further the industry's understanding of how Radio advertising works
and to measure its effectiveness.

The RAEL Board of Directors is comprised of radio industry executives from the funding organizations
and other key broadcasting constituencies including Arbitron, the Radio Advertising Bureau,
national radio rep firms, radio networks, stations, groups, the Arbitron Radio Advisory Council
and the Radio Marketing Bureau of Canada.

For more RAEL information, LINK to source here: Click here

The Radio Ad Effectiveness Lab has released the first in a series of major consumer research studies.Ê The goal is to assist advertisers and agencies in better understanding issues concerning Radio including synergy, ROI and Radio's effectiveness for advertisers.ÊÊ

Ê The objective of the first study was to demonstrate how Radio advertising affects consumers in ways that are different from TV and newspapers.Ê Conducted by WirthlinWorldwide and titled Personal Relevance, Personal Connections: How Radio Ads Affect Consumers, the study reveals the following key findings:

Ê Radio listening is a one-on-one and emotions-driven experience.

Ê Listeners believe that both the medium and its advertising are
more personally relevant to them (compared to television and newspapers).

Ê Listeners are ready to react at a more emotional level -
if the advertisement is well suited for that program's context.

Ê Radio can be effective when the creative is executed well and placed appropriately.

For more RAEL information, LINK to source here: Click here

.

August 27, 2004, - IBS Washington, DC
IBS files comments in opposition to
FCC Notice of Proposed Rulemaking (NPRM)
to require recording 60 -90 days broadcasts.
(see below for orginal IBS news item)

.. A PDF file of the IBS Comment is available here: click here
.. FCC link to IBS comment is here: click here



FCC issues a Notice of Proposed Rulemaking (NPRM)
.... (7/7/2004): FCC 04-145 (Extension Order 7/22/2004)
.. A PDF file of the FCC 04-145 is available here: click here
.. A PDF file of the FCC 04-145 extension is available here: click here
.. Comments to the FCC should be now be filed by August 27, 2004, with replies by September 27.

.. If you have input for the IBS Washington, DC legal team please e-mail or call any of our
.... IBS coast to coast and international offices and telephone access lines.
.. The FCC proposal is to aid the FCC enforcement against improper and indecent programming.
.. FCC proposal is for broadcast stations to record and retain 60 - 90 days programming.
.. Broadcasting between 6 AM and 10 PM would be recorded.
.. twenty-four programming also may be required recording.

FCC NPRM 04-145:
INTRODUCTION
1. In this Notice of Proposed Rulemaking (NPRM), we propose to require that broadcasters retain recordings of their programming for some limited period of time (e.g., 60 or 90 days) in order to increase the effectiveness of the Commissions process for enforcing restrictions on obscene, indecent, and profane broadcast programming.

2. It is a violation of federal law to broadcast obscene, indecent, or profane programming. Specifically, Title 18 of the United States Code, Section 1464, prohibits the utterance of ñany obscene, indecent, or profane language by means of radio communication." Congress has given the Federal Communications Commission the responsibility for administratively enforcing 18 U.S.C. Û 1464. In doing so, the Commission may, for example, revoke (or decline to renew) a station license or impose a monetary forfeiture for the broadcast of such prohibited material.

3. The Commissions enforcement policy under Section 1464 has been shaped by a number of judicial and legislative decisions. In particular, because the Supreme Court has determined that obscene speech is not entitled to First Amendment protection, obscene speech cannot be broadcast at any time. Indecent speech is protected by the First Amendment and cannot be outlawed completely, but, pursuant to Commission regulations, implementing a subsequent statute and court decision, the airing of such programming is restricted to the hours of 10:00 p.m. to 6:00 a.m., when children are less likely to be in the audience. The courts have consistently upheld the Commission authority to regulate indecent speech, albeit with certain limitations. In this NPRM, we seek comment on enhancing our enforcement processes through proposed program recording retention requirements for broadcast stations in order to improve the adjudication of complaints.

.. IBS is YOUR Voice at the FCC and throughout the world!

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NY Times Article: "A Radio Challenge to Arbitron" August 23, 2004

A Radio Challenge to Arbitron
By NAT IVES

A THREE-YEAR-OLD company plans to describe a new service today that will measure radio audiences in cars, combining global positioning technology and continuous tracking of the radio dial to challenge Arbitron, the dominant radio ratings provider.

The service, from Navigauge, is not likely to weaken Arbitron's grip, but it may remind radio executives and advertising agencies that established ratings systems have room to improve, executives said. Arbitron generates its data by asking consumers to record their listening habits in paper diaries.

Howard Nass, a principal at Nass-Hitzig Media, a media services and consulting company, found fault with Arbitron's methods, saying the company depends on consumers' recollections, uses small samples and has low cooperation rates. "That has to be fixed," he said, "because there are billions of dollars going into radio."

Advertisers may spend more than $20 billion on radio this year. The medium collected $19.6 billion in ad revenue last year, up from 2002 and 2001 but still shy of the record set in 2000, when revenue was $19.8 billion, according to the Radio Advertising Bureau, an industry association.

The challenge of accurately measuring audiences is not limited to radio. Nielsen Media Research, the VNU unit that dominates television ratings in the United States, has battled public relations and legal challenges in its effort to replace its diary system with personal electronic "people meters."

Events have also called into question the reliability of print circulation figures. Newsday, The Chicago Sun-Times and the Spanish-language daily Hoy have recently acknowledged that they falsely increased their circulation figures. That has heightened scrutiny of the Audit Bureau of Circulations, which verifies circulation figures.

Meanwhile, the radio business has been caught in its own tangles. Most recently, the radio giant Infinity Broadcasting threatened to stop using Arbitron. After a monthlong standoff, Infinity and Arbitron said last Tuesday that they had reached a multiyear deal.

All the dust-ups have only heightened longstanding industry agitation over ratings.

"Even before advertisers and their agencies became increasingly obsessed over return on investment in the last year or so, there was always a concern over 'am I getting what I'm buying?' " said James Boyle, a broadcast analyst and managing director at Wachovia Capital Markets.

Navigauge executives are betting that shortcomings in the system will provide an opportunity for them. "For a long time, the radio industry itself has lamented the fact that it gets a large percentage of consumers' media consumption but a disproportionately small share of advertising revenue," said Tim Cobb, chief executive at Navigauge in Atlanta. "That's based on the fact that they cannot articulate to advertisers the value that they are delivering."

Navigauge has developed its technology with $6.5 million in funding from institutional investors like Skyterra Communications and the Armada Venture Group. It has sought input - and income - from marketers including Coca-Cola and McDonald's, who have helped the company pay for an Atlanta test run that fitted more than 500 cars and trucks with the videotape-size Navigauge device. It hopes to be operational in the 10 largest markets by early 2006, and in the top 20 markets by later that year, finances permitting.

Mr. Cobb said the second-by-second analysis of listening and location made the Navigauge approach worth exploring. "We're not going to bash Arbitron, because I think they do a good job with the information they have, given the way they collect it," he said. "But when we've done a comparison of a diary to actual behavior, the results are radically different."

Copyright Office invites comments on Internet Stream Recording, etc.
Comments dues by September 7, 2004
(U.S. Copyright Office, NewsNet Issue 235, August 6, 2004)

OFFICE INVITES COMMENTS ON PROPOSED CHANGE TO REGULATION GOVERNING ACQUISITION AND DEPOSIT OF UNPUBLISHED TRANSMISSION PROGRAMS (69 FR 47396)

The Copyright Office of the Library of Congress is proposing to amend its regulations to permit the Library of Congress to record unpublished radio and other audio and audiovisual transmission programs. The Copyright Office regulations already provide for the Library of Congress to obtain copies of unpublished television transmission programs, either by recording fixations or by demanding copies in the form of a transfer, loan, or sale at cost. The revised regulation makes similar provisions for audio transmission programs and includes transmission programs made available by radio broadcasts and by digital communications networks such as the Internet. Comments are due on September 7. For further information, go to the Copyright Office website at www.copyright.gov/fedreg/2004/69fr47396.html.

September 7: Due date for comments on proposed amendment to regulations governing acquisition and deposit of unpublished transmission programs (69 FR 47396)

.. SBE Has Curriculum Guide for Educators (7-27-04)

SBE Has Curriculum Guide for Schools (News from RW Online)

The Society of Broadcast Engineers is out with a suggested curriculum for use by post-secondary schools that wish to offer a broadcast engineering curriculum.

"The curriculum is designed so that schools that follow its guidelines will provide a baseline education to students who wish to pursue a career in broadcast engineering," it stated.

The package is part of the SBE's Certification Program efforts. Schools can e-mail Linda Baun at lbaun@sbe.org or call (317) 846-9000.

.. SBE Web Site go to: click here

..
.. More evidence of the "broken" EAS system

Emergency Repair: FCC Targets EAS (News from Broadcasting Cable 8-3-2004)

Georgia almost missed a statewide test this week because of a broken link from a state agency.
The FCC is going to launch a Notice of Inquiry (NOI) about the Emergency Alert System.

By Bill McConnell -- Broadcasting & Cable

It looks like "duck and cover" emergency warnings aren't going to cut it anymore.

Timed appropriately, albeit coincidentally, to new terrorism alerts in New York, New Jersey and the District of Columbia, the Federal Communications Commission at its August 4 meeting will launch an inquiry (NOI) into revamping the emergency-alert system.

The system, implemented in the 1950s during the Cold War, is derided by many as hopelessly out of date.

Broadcast stations transmit local weather and Amber alerts for missing children frequently on EAS, but the system has never been implemented for its primary mission, which was a means for the President to communicate with the American people in the wake of a cataclysmic national emergency such as a nuclear attack.

The usefulness of EAS as a more flexible system for communication and coordination in a world where the cataclysm could be the cumulative effect of repeated terrorist attacks was called into question in dramatic fashion in the wake of the 2001 terrorist attacks.

Now the FCC wants input on making EAS more useful. Also, the FCC wants information on solving local jurisdictional fights currently preventing some local weather and Amber alerts from being transmitted across state lines.

.. Court: Ban on alcohol ads in college newspapers unconstitutional

PHILADELPHIA (AP) -- A Pennsylvania law banning paid advertisements for alcohol in college newspapers is unconstitutional, a federal appeals court ruled Thursday.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals said the 1996 law, which was intended to combat underage drinking, placed an unfair financial burden on student-run publications and hindered their right to free speech while doing little to achieve its goal.

The law was challenged by The Pitt News, a student-run paper at the University of Pittsburgh.

In a 17-page opinion, Judge Samuel Alito said the state faces a heavy burden anytime it tries to restrict speech, but had offered only "speculation" and "conjecture" to support its contention that the ad ban would slacken the demand for alcohol by underage Pitt students.

"Even if Pitt students do not see alcoholic beverage ads in The Pitt News, they will still be exposed to a torrent of beer ads on television and the radio, and they will still see alcoholic beverage ads in other publications, including the other free weekly Pittsburgh papers that are displayed on campus together with The Pitt News," he wrote.


IBS Note: The obvious question is whether this applies to the college radio commercial stations and all educational radio web streams? Web streams are licensed commercial, even though they are noncommercial educational not for profit. Could beverage advertising pay for additional bandwidth desired?

.. For full story from CNN website: click here

.. FTC and EU Give Antitrust Approval to Sony BMG Record Label Merger!

First announced in December 2003, the SONY-BMG merger has taken another step forward. The Federal Trade Commission (FTC) has concluded its antitrust investigation into the proposed merger of two of the world's five major record labels - Sony Music and BMG - and given the merger the green light. The FTC also worked with the European Commission on that regulatory body's antitrust investigation into the merger; the EC granted its approval of the deal last week. The merger of Sony's and Bertelsmann's music businesses will create a joint venture, Sony BMG, which will become the world's second-largest record company, behind Universal. Opponents argued further consolidation in the music industry, which in the past two decades has seen a multitude of formerly independent labels swallowed by what will now be the "big four," would harm artists in the long run. "We now look forward to creating a global recorded music company comprising many of the world's most successful artists as well as a vast catalog of recordings," BMG said in a statement.

The Sony BMG deal will create the world's second largest record label, with 25.2% of the market, following only slightly behind Universal's 25.9% share. The remaining two major music conglomorates are EMI and Warner, who have a combined share of around 35%. Previously, Sony had already been in second place, with BMG ranked fifth.

The BIG FOUR music companies account for over 86% of the music business. The companies are the major members of the RIAA - Recording Industry Association of America.

.. XM Satellite CH 133 PUBLIC RADIO starts September 1, 2004!
The XM Public Radio Channel will feature Bob Edwards,
previously with NPR Morning Edition.

The XM Public Radio channel will use content from established pubcasters like Minnesota-based PRI and American Public Media, and WBUR, Boston - but not from D.C.-based National Public Radio. XM's "public radio" channel will offer familiar shows like Ira Glass' "This American Life" and Michael Feldman's "Whad'Ya Know?" and hourly news from the BBC. Launch date: September 1 for the channel itself, with Bob Edwards adding his new one-hour morning interview show on October 4, 2004.

XM creates an entire "public radio channel" to surround newly-hired Bob Edwards. They're using content from established pubcasters like Minnesota-based PRI and American Public Media, and WBUR, Boston - but not from D.C.-based National Public Radio. XM's "public radio" channel will offer familiar shows like Ira Glass' "This American Life" and Michael Feldman's "Whad'Ya Know?" and hourly news from the BBC.

Access the XM Public Radio webstream here:
click here

FCC orders $3,000 fine for WPFW (89.3 FM) Washington, DC,
a Pacifica station (not an IBS Member),
for failure to conduct EAS tests and log them! (FCC Announcement July 27, 2004).
The WPFW website: http://www.wpfw.org/ says the General Manager position is open.
For a PDF copy of the actual FCC Order
click here

IBS Member Stations that need help understanding FCC EAS contact IBS today (ibs@ibsradio.org)!
IBS Membership has many privileges.

Forfeiture Order
By the Chief, Enforcement Bureau, FCC:
1. In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Pacifica Foundation, Inc. (Pacifica), licensee of FM broadcast station WPFW, Washington, DC, for willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission Rules (Rules). The noted violations involved Pacificas failure to conduct required monthly and weekly tests of the Emergency Alert System (EAS) and failure to verify the log in writing by the chief operator.

2. In a March 26, 2003 Notice of Apparent Liability for Forfeiture (NAL), the District Director of the Commissions Columbia, Maryland Office (Columbia Office) issued a monetary forfeiture in the amount of $3,000 to Pacifica. Pacifica does not contest the subject violations. In its April 23, 2003 response, Pacifica states that it has remedied the defects identified in the Commission inspection and seeks mitigation. However, no mitigation is warranted on the basis of Pacificas correction of the violations. As the Commission stated in Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994), "corrective action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations." Further, Pacifica states it is a small business entity, in support of its request that the forfeiture be reduced, without providing any financial documentation. It is well established that reliance on small business status alone without substantiation of the inability to pay claim is insufficient.

Online Advertising Market to Hit $16.1 Billion by 2009!

Darien, Conn. -- Technology market research firm JuipiterResearch said that the online ad market will grow from $6.6 billion in 2003 to $16.1 billion in 2009. While paid search will grow 30% compounded annually over the next two years, it is no longer the sole driver of online ad spending, according to the report. The firm estimates that display ads and online classifieds will each grow more than 25% compounded annually over the same period. "The growth in online advertising is the product of all the progress that web sites and technology providers have made in the last two years," said Gary Stein, a senior analyst at JupiterResearch. "We've seen companies very actively working to make the Internet a more attractive advertising medium," he said.

FCC designates commercial-band FM allocations to be reserved for Noncommercial Educational FM use!

The Commission agrees to cull a big batch of future FM allocations in the commercial band (92.1 - 107.9) and declare them "reserved." That means they can't be used for commercial operation.

Top NPR markets are Portland, OR; Ann Arbor, MI; Raleigh, NC; Eugene, OR; Minneapolis, MN.

A Media Audit study of 18+ listening in 81 markets shows a fact that commercial radio operators should be paying attention to: Lots of Americans are avid consumers of public radio. Portland, OR is the top market when you gauge the Cume Audience Rating. (440,000 cume and a cume rating of 26.2.)

McCain (R-AZ) Leahy (D-VT) bill (S. 2505) that will allow thousands of new Low Power FM (LPFM)
college radio, high school radio, and community radio stations,
to receive FCC licenses has passed the Senate Commerce Committee (7/22/04).
The legislation will now go to the entire Senate for consideration.
The bill was originally recommended by the FCC in February 2004 after a study and report.
The bill eliminates third adjacent channel protection for existing stations,
allowing many more radio stations even in large metro markets.
The McCain Leahy bill would also eliminate economic impact tests required by FCC since 2000.
Large broadcasting groups, even IBS allies, such as NAB and NPR, value their current protection.
Amendment attempts to benefit existing radio stations are certain.
IBS strongly supports the McCain/Leahy bill as it will allow many IBS Member schools staffed
by America's sons and daughters to obtain low power FM FCC licenses to transmit locally.
For a PDF copy of S. 2505 click Here


Senator John McCain (R-AZ) also was able to get the CPB,
Corporation for Public Broadcasting, reauthorization funding through FY 2011,
approved by the Senate Commerce Committee.
The advance authorization for increased funding was last done in 1992.
The NPR, National Public Radio, Board will be meeting in Washington, DC,
next week to discuss these and other events.


FCC issues a Notice of Proposed Rulemaking (NPRM)
.... (7/7/2004): FCC 04-145 (Extension Order 7/22/2004)
.. A PDF file of the FCC 04-145 is available here: click here
.. A PDF file of the FCC 04-145 extension is available here: click here
.. Comments to the FCC should be now be filed by August 27, 2004, with replies by September 27.

.. If you have input for the IBS Washington, DC legal team please e-mail or call any of our
.... IBS coast to coast and international offices and telephone access lines.
.. The FCC proposal is to aid the FCC enforcement against improper and indecent programming.
.. FCC proposal is for broadcast stations to record and retain 60 - 90 days programming.
.. Broadcasting between 6 AM and 10 PM would be recorded.
.. twenty-four programming also may be required recording.

FCC NPRM 04-145:
INTRODUCTION
1. In this Notice of Proposed Rulemaking (NPRM), we propose to require that broadcasters retain recordings of their programming for some limited period of time (e.g., 60 or 90 days) in order to increase the effectiveness of the Commissions process for enforcing restrictions on obscene, indecent, and profane broadcast programming.

2. It is a violation of federal law to broadcast obscene, indecent, or profane programming. Specifically, Title 18 of the United States Code, Section 1464, prohibits the utterance of ñany obscene, indecent, or profane language by means of radio communication." Congress has given the Federal Communications Commission the responsibility for administratively enforcing 18 U.S.C. Û 1464. In doing so, the Commission may, for example, revoke (or decline to renew) a station license or impose a monetary forfeiture for the broadcast of such prohibited material.

3. The Commissions enforcement policy under Section 1464 has been shaped by a number of judicial and legislative decisions. In particular, because the Supreme Court has determined that obscene speech is not entitled to First Amendment protection, obscene speech cannot be broadcast at any time. Indecent speech is protected by the First Amendment and cannot be outlawed completely, but, pursuant to Commission regulations, implementing a subsequent statute and court decision, the airing of such programming is restricted to the hours of 10:00 p.m. to 6:00 a.m., when children are less likely to be in the audience. The courts have consistently upheld the Commission authority to regulate indecent speech, albeit with certain limitations. In this NPRM, we seek comment on enhancing our enforcement processes through proposed program recording retention requirements for broadcast stations in order to improve the adjudication of complaints.

.. IBS is YOUR Voice at the FCC and throughout the world!

FCC may fine KALW-FM $300,000! (Not IBS Member)
..... (Licensed to San Francisco, CA, United School District)
.. KALW-FM operates as a NPR station. Possibly back in 1997 they filed a false Public File,
..... or certification(s), during license renewal.
.. click here for PDF file of FCC July 16, 2004, FCC Notice.
.. A group of apparently unhappy former employees filed with the FCC against KALW-FM (SFUSD).

Extracts from FCC release of July 16, 2004:
It appears that SFUSD has failed to timely place or retain in the KALW(FM) public inspection file quarterly issues/programs lists and supplemental ownership information, while certifying in its renewal application that it had done so. We will therefore specify false certification and SFUSD filed an opposition to the petition on January 20, 1998, to which GGPR replied on February 18, 1998.

IT IS FURTHER ORDERED, that, irrespective of whether the hearing record warrants an Order denying the renewal application for KALW(FM), it shall be determined, pursuant to Section 503(b)(1) of the Communications Act of 1934, whether an ORDER OF FORFEITURE in an amount not to exceed $300,000 shall be issued against SFUSD for willful and/or repeated violations of Sections 73.1015, 73.3527, and/or 73.3613 of the CommissionÍs Rules, which occurred or continued within the applicable statute of limitations.

.. If YOU need help with your FCC Public File IBS will help you. For information click here
.. If YOU need a copy of FCC material in public file. IBS provides you with FCC PDF file here.
.. IBS wants to help you have outstanding FCC Public Files and accurate FCC Reports!
.. While IBS wishes KALW-FM well and fully expects with the help of their outstanding
..... legal Counsel, Ernie Sanchez, THE SANCHEZ LAW FIRM, the School District will be cleared,
..... IBS wants to save you the expense and embarrassment of a seven year battle with the FCC
..... and the potential of a $300,000.00 fine. IBS can assist you with YOUR Public File.
.. IBS Membership has many privileges!

Introducing the revolutionary IBS Satellite Radio Network!
.. Stay tuned for the breakthrough news on how IBS Members may be part of the IBS Satellite feed.
.. This new IBS service will soon be available to YOU!
.. Through IBS Membership stations can now stream their signals worldwide.
.. Soon these same signals can be available FREE to listeners worldwide using Satellite transmission!
.. Like XM/Sirius but for FREE! IBS Membership has many privileges.

IBS is a member of NAB (National Association of Broadcasters)
.. IBS is the ONLY noncommercial radio association to be a NAB member.
.. click here for NAB Member List
.. Meet with IBS Board/Staff at the NAB Radio Conference and other NAB Meetings and conventions.
.. NAB Radio Show is in San Diego, CA, October 6-8, 2004. For information click here
.. IBS is YOUR Voice at the NAB and throughout the world!

FCC issued a Notice of Inquiry (NOI)(7/1/2004) on "Broadcast Localism"
FCC 04-129-Docket 04-233
.. A PDF file of the FCC NOI is available here: click here
.. Comments to the FCC should be filed by September 1, 2004.
.. Reply comments are due to the FCC by October 1, 2004.
.. If you have input for the IBS Washington, DC legal team please e-mail or call any of our
.... IBS coast to coast and international offices and telephone access lines.

FCC Introduction: As with competition and diversity, localism has been a cornerstone of broadcast regulation for decades. Broadcasters, who are temporary trustees of the public's airwaves, must use the medium to serve the public interest, and the Commission has consistently interpreted this to mean that licensees must air programming that is responsive to the interests and needs of their communities of license. Even as the Commission deregulated many behavioral rules for broadcasters in the 1980s, it did not deviate from the notion that they must serve their local communities. Rather, the Commission at that time found that market forces, in an increasingly competitive environment, would encourage broadcasters to accomplish this goal, and that certain rules were no longer necessary.

.. IBS is YOUR Voice at the FCC and throughout the world!


The Corporation for Public Broadcasting (CPB) has grants available
.. for Conversion of Radio Stations to Digital Broadcasting.
.. Several IBS Members received these grants in Round One and Round Two.
.. IBS will help IBS Member Stations with your grant application.
.. IBS Membership has its advantages!
.. The CPB Grant Internet Link is: click here
.. CPB Digital Radio Grant Applications must be received by August 27, 2004.

Copyright Office invites comments on Internet Stream Recording, etc.
Comments dues by September 7, 2004
(U.S. Copyright Office, NewsNet Issue 235, August 6, 2004)

OFFICE INVITES COMMENTS ON PROPOSED CHANGE TO REGULATION GOVERNING ACQUISITION AND DEPOSIT OF UNPUBLISHED TRANSMISSION PROGRAMS (69 FR 47396)

The Copyright Office of the Library of Congress is proposing to amend its regulations to permit the Library of Congress to record unpublished radio and other audio and audiovisual transmission programs. The Copyright Office regulations already provide for the Library of Congress to obtain copies of unpublished television transmission programs, either by recording fixations or by demanding copies in the form of a transfer, loan, or sale at cost. The revised regulation makes similar provisions for audio transmission programs and includes transmission programs made available by radio broadcasts and by digital communications networks such as the Internet. Comments are due on September 7. For further information, go to the Copyright Office website at www.copyright.gov/fedreg/2004/69fr47396.html.

September 7: Due date for comments on proposed amendment to regulations governing acquisition and deposit of unpublished transmission programs (69 FR 47396)

McCain/Leahy Introduce Bill To Allow Thousands Of New LPFM Radio Stations Click Here

IBS assists the US Census Bureau on FREE daily Fun Fact(s) PSA! Click Here

IBS - Intercollegiate Broadcasting System featured on CNN website! Click Here
...... http://www.cnn.com/2004/EDUCATION/05/25/high.school.radio.ap/index.html
IBS featured in Associated Press article by David Porter, "High School Radio Stations Alive and Well!
...... IBS is the Voice of Educational Radio!

IBS participated as speakers, panelists and as YOUR on site resource at the conferences below!
...... IBS is YOUR Experienced resource. IBS is the voice of college radio and educational radio!
IBS was at the Public Radio Leadership Forum (May 10-12, 2004, in Washington, DC)!
IBS was at the Public Radio Capital Hill Day (May 12, 2004, in Washington, DC)!
...... IBS is YOUR Experienced resource and the voice of college radio and educational radio.
IBS was at Live365.com Conference (April 30 - May 2, 2004, in San Francisco, CA)!
..... It was GREAT to meet with so many IBS Stations at Live-365.
..... IBS met top people at Live-365. Many new beneficial programs for IBS Members will start soon!
IBS was at the NFCB Conference (April 21-24, 2004, in Albuquerque, NM)!
..... It was GREAT to meet with so many IBS Stations at the NFCB Conference.
..... IBS met top NFCB people at their Oakland, CA, headquarters to discuss new beneficial programs!
IBS was at the IMA-Integrated Media Association Conference (April 28-30, 2004, in San Diego, CA)!

IBS offers members FREE @ibsradio.org email accounts! to all IBS Members

Over 1,000 attend 64th Annual IBS Conference, including top industry people!

IBS exceeds 930 Members!
ALL IBS Members are Educational Radio Stations and Webcasters!

IBS launches "Ask the FCC, secretly" program.
Send your questions to FCC@ibsradio.org!

Student TV added to IBS Seminars and Services with help of mtvU at gala NYC kickoff!

---

Go to IBS Headlines and News Archives Page (FCC, MTV-U, RIAA, etc.) - click here!

FCC issues EAS NPRM (August 4, 2004)

FCC SEEKS COMMENT ON RULE CHANGES FOR THE EMERGENCY ALERT SYSTEM

Washington, D.C. - The Commission today issued a Notice of Proposed Rulemaking (NPRM) concerning the Emergency Alert System (EAS), seeking comment on how EAS can be improved to be a more effective mechanism for warning the American public of an emergency. The action stems in part from recommendations of the Media Security and Reliability Council (an FCC Advisory Committee), and the Partnership for Public Warning.

The Commission has already begun Ð and will continue throughout this proceeding Ð to coordinate carefully with the Department of Homeland Security and its component, FEMA and the Department of Commerce and its component, the National Oceanic and Atmospheric AdministrationÕs National Weather Service. These Federal partners will be active participants in the proceeding. In addition, the Commission seeks participation of state and local emergency planning organizations as well as all communications industries involved in alert and warning.

Action by the Commission, August 4, 2004, Notice of Proposed Rulemaking in the Matter of Review of the Emergency Alert System. (FCC 04-189). Chairman Powell, Commissioners Abernathy, Copps, Martin, and Adelstein with separate statements issued by Chairman Powell, Commissioners Abernathy, Copps, Martin, and Adelstein.

Enforcement Bureau Contacts: Suzanne Tetreault at (202) 418-7450 and James Dailey at (202) 418-1199.

EB Docket No. 04-296

STATEMENT OF FCC CHAIRMAN MICHAEL K. POWELL

Re: Review of the Emergency Alert System

For over a half century, the United States has had in place a national warning system utilizing, in part, our NationÕs broadcast outlets. From the CONELRAD, established in 1951 by President Truman during the Korean War to its replacement, the Emergency Broadcast System, established in 1963 by President Kennedy to the modern day Emergency Alert System (EAS), our government has sought to employ our countryÕs media outlets as a mechanism for warning the American public of an emergency.

A lot has changed since 1951. As the primary role of EAS remains a national public warning system, increasingly state and local jurisdictions have used its capabilities to notify their citizens of local emergencies, including natural weather disasters and in saving the lives of many abducted children through the Amber Alert. In addition, EAS has grown from its predecessorÕs birth on AM radio to FM radio, broadcast television and wireline and wireless cable systems. Of course, the threats to our homeland have also changed dramatically over the last fifty years. As the world around us has changed, however, the import of the EAS as a tool for reaching our citizenry during time of need remains high.


click here for PDF copy of actual FCC Notice of Proposed Rulemaking!

click here for PDF copy of FCC Chairman Michael K. Powell comments on EAS NPRM!

Go Back to top of these headlines | Go back to top of this IBS Page | Go to IBS Opening - First IBS Web Page

Unlimited LEGAL music downloads for less than $10 a month on some campuses!

NEW YORK (CNN/Money) - As an added bonus to returning to campus this fall, more than 80,000 college students at the University of California, Berkeley and the University of Minnesota will get a hefty monthly discount with RealNetworks' online music store.

RealNetworks said the program, whose online music library is called Rhapsody, is its first partnership with educational institutions and is designed to offer students an alternative to illegally downloading music for free.

The company's Rhapsody Internet jukebox service offer unlimited access to about 725,000 songs for less than $10 a month.

For full story Click Here

.. ..
.. Study predicts satellite radio will have $2.1 billion annually by 2008!

$2.1 billion satellite revenues by 2008
(News from RAIN - Kurt Hanson's August 3, 2004, Radio and Internet Newsletter)

From Radio & Records: "Media-focused merchant bank Veronis Suhler Stevenson predicts in its annual Communications Industry Forecast that combined subscription and advertising revenue for both XM and Sirius... will reach $2.1 billion by the end of 2008.

"Breaking down advertising and subscription revenue separately, VSS predicts ad spending on satellite radio will increase at an 88% compound rate between 2003-2008. The company also expects subscription revenue to increase at an 84.9% compound rate during the same time frame.

"However, VSS notes both satellite radio companies must work hard in order to compete with digital radio and online music services.


IBS Note: IBS will start "Free to Air" (not subscription like XM) satellite services for IBS member stations that wish to participate. See the news item below. IBS is very excited about our new IBS Radio Network delivered to IBS members and their listeners by satellite.

..
.. Entercon radio group to be 80% IBOC Digital Radio (see map)

Entercom ups the ante on HD Radio (News from INSIDE RADIO)

Entercon was one of the first big groups to commit to the iBiquity digital technology and is using it in Boston and Seattle -- and now David Field, Entercon President/CEO, is targeting to have 80% of his stations converted in the next four years.

IBS Note: Many College Radio and NPR Stations have and will have IBOC - iBiquity digital radio. See the CPB, Corporation for Public Broadcasting, Digital Radio Grant request information on this website. CPB Grant Requests for this round are due by August 27, 2004.

.. IBS joins IRTS - International Radio and Television Society Foundation!

As part of the Intercollegiate Broadcasting System (IBS) strategic partners program, we have joined IRTS. The IRTS Foundation based in New York City provides a wonderful array of seminar, fellowships and happenings for faculty and students. IBS looks forward to promoting IRTS events and enjoying learning from the wealth of knowledge of other IRTS Members.

2004 IRTS Faculty/Industry Seminar will be in New York City from Wednesday, November 17 - Sunday, November 21, 2004.

A limited number of partial IBS Foundation registration scholarships are available in addition to the IRTS Foundation scholarships for hotel and most meals. This is a five day event for IBS faculty who wish to apply before September 17, 2004, through IBS at 367 Windsor Highway, New Windsor, NY 12553-7900. Hotel and meals will be paid by IRTS. IBS will grant scholarships as requested up to $100 of the $150 nonrefundable registration. Travel and incidentals will be at participants expense. The faculty member must be from an IBS Member School or College.

.. For IRTS PDF Application Form: click here
.. For IRTS Web Site go to: click here

The Faculty/Industry Seminar is an annual forum where seventy-five professors from across the nation come to New York for five days of intense meetings and seminars with key communications leaders. Panels, field assignments, and a major industry breakfast top the agenda. . Educators have labeled the Faculty/Industry Seminar "the most sought after and visible activity of the year."

.. SBE Has Curriculum Guide for Educators (7-27-04)

SBE Has Curriculum Guide for Schools (News from RW Online)

The Society of Broadcast Engineers is out with a suggested curriculum for use by post-secondary schools that wish to offer a broadcast engineering curriculum.

"The curriculum is designed so that schools that follow its guidelines will provide a baseline education to students who wish to pursue a career in broadcast engineering," it stated.

The package is part of the SBE's Certification Program efforts. Schools can e-mail Linda Baun at lbaun@sbe.org or call (317) 846-9000.

.. SBE Web Site go to: click here

..
.. More evidence of the "broken" EAS system

Emergency Repair: FCC Targets EAS (News from Broadcasting Cable 8-3-2004)

Georgia almost missed a statewide test this week because of a broken link from a state agency.
The FCC is going to launch a Notice of Inquiry (NOI) about the Emergency Alert System.

By Bill McConnell -- Broadcasting & Cable

It looks like "duck and cover" emergency warnings aren't going to cut it anymore.

Timed appropriately, albeit coincidentally, to new terrorism alerts in New York, New Jersey and the District of Columbia, the Federal Communications Commission at its August 4 meeting will launch an inquiry (NOI) into revamping the emergency-alert system.

The system, implemented in the 1950s during the Cold War, is derided by many as hopelessly out of date.

Broadcast stations transmit local weather and Amber alerts for missing children frequently on EAS, but the system has never been implemented for its primary mission, which was a means for the President to communicate with the American people in the wake of a cataclysmic national emergency such as a nuclear attack.

The usefulness of EAS as a more flexible system for communication and coordination in a world where the cataclysm could be the cumulative effect of repeated terrorist attacks was called into question in dramatic fashion in the wake of the 2001 terrorist attacks.

Now the FCC wants input on making EAS more useful. Also, the FCC wants information on solving local jurisdictional fights currently preventing some local weather and Amber alerts from being transmitted across state lines.

.. Court: Ban on alcohol ads in college newspapers unconstitutional

PHILADELPHIA (AP) -- A Pennsylvania law banning paid advertisements for alcohol in college newspapers is unconstitutional, a federal appeals court ruled Thursday.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals said the 1996 law, which was intended to combat underage drinking, placed an unfair financial burden on student-run publications and hindered their right to free speech while doing little to achieve its goal.

The law was challenged by The Pitt News, a student-run paper at the University of Pittsburgh.

In a 17-page opinion, Judge Samuel Alito said the state faces a heavy burden anytime it tries to restrict speech, but had offered only "speculation" and "conjecture" to support its contention that the ad ban would slacken the demand for alcohol by underage Pitt students.

"Even if Pitt students do not see alcoholic beverage ads in The Pitt News, they will still be exposed to a torrent of beer ads on television and the radio, and they will still see alcoholic beverage ads in other publications, including the other free weekly Pittsburgh papers that are displayed on campus together with The Pitt News," he wrote.


IBS Note: The obvious question is weather this applies to the college radio commercial stations and all educational radio web streams? Web streams are licensed commercial, even though they are noncommercial educational not for profit. Could beverage advertising pay for additional bandwidth desired?

.. For full story from CNN website: click here

.. FTC and EU Give Antitrust Approval to Sony BMG Record Label Merger!

First announced in December 2003, the SONY-BMG merger has taken another step forward. The Federal Trade Commission (FTC) has concluded its antitrust investigation into the proposed merger of two of the world's five major record labels - Sony Music and BMG - and given the merger the green light. The FTC also worked with the European Commission on that regulatory body's antitrust investigation into the merger; the EC granted its approval of the deal last week. The merger of Sony's and Bertelsmann's music businesses will create a joint venture, Sony BMG, which will become the world's second-largest record company, behind Universal. Opponents argued further consolidation in the music industry, which in the past two decades has seen a multitude of formerly independent labels swallowed by what will now be the "big four," would harm artists in the long run. "We now look forward to creating a global recorded music company comprising many of the world's most successful artists as well as a vast catalog of recordings," BMG said in a statement.

The Sony BMG deal will create the world's second largest record label, with 25.2% of the market, following only slightly behind Universal's 25.9% share. The remaining two major music conglomorates are EMI and Warner, who have a combined share of around 35%. Previously, Sony had already been in second place, with BMG ranked fifth.

The BIG FOUR music companies account for over 86% of the music business. The companies are the major members of the RIAA - Recording Industry Association of America.

.. XM Satellite CH 133 PUBLIC RADIO starts September 1, 2004!
The XM Public Radio Channel will feature Bob Edwards,
previously with NPR Morning Edition.

The XM Public Radio channel will use content from established pubcasters like Minnesota-based PRI and American Public Media, and WBUR, Boston - but not from D.C.-based National Public Radio. XM's "public radio" channel will offer familiar shows like Ira Glass' "This American Life" and Michael Feldman's "Whad'Ya Know?" and hourly news from the BBC. Launch date: September 1 for the channel itself, with Bob Edwards adding his new one-hour morning interview show on October 4, 2004.

XM creates an entire "public radio channel" to surround newly-hired Bob Edwards. They're using content from established pubcasters like Minnesota-based PRI and American Public Media, and WBUR, Boston - but not from D.C.-based National Public Radio. XM's "public radio" channel will offer familiar shows like Ira Glass' "This American Life" and Michael Feldman's "Whad'Ya Know?" and hourly news from the BBC.

Access the XM Public Radio webstream here:
click here

FCC orders $3,000 fine for WPFW (89.3 FM) Washington, DC,
a Pacifica station (not an IBS Member),
for failure to conduct EAS tests and log them! (FCC Announcement July 27, 2004).
The WPFW website: http://www.wpfw.org/ says the General Manager position is open.
For a PDF copy of the actual FCC Order
click here

IBS Member Stations that need help understanding FCC EAS contact IBS today (ibs@ibsradio.org)!
IBS Membership has many privileges.

Forfeiture Order
By the Chief, Enforcement Bureau, FCC:
1. In this Forfeiture Order ("Order") we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) to Pacifica Foundation, Inc. (Pacifica), licensee of FM broadcast station WPFW, Washington, DC, for willful and repeated violation of Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Commission Rules (Rules). The noted violations involved Pacificas failure to conduct required monthly and weekly tests of the Emergency Alert System (EAS) and failure to verify the log in writing by the chief operator.

2. In a March 26, 2003 Notice of Apparent Liability for Forfeiture (NAL), the District Director of the Commissions Columbia, Maryland Office (Columbia Office) issued a monetary forfeiture in the amount of $3,000 to Pacifica. Pacifica does not contest the subject violations. In its April 23, 2003 response, Pacifica states that it has remedied the defects identified in the Commission inspection and seeks mitigation. However, no mitigation is warranted on the basis of Pacificas correction of the violations. As the Commission stated in Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994), "corrective action taken to come into compliance with Commission rules or policy is expected, and does not nullify or mitigate any prior forfeitures or violations." Further, Pacifica states it is a small business entity, in support of its request that the forfeiture be reduced, without providing any financial documentation. It is well established that reliance on small business status alone without substantiation of the inability to pay claim is insufficient.

Online Advertising Market to Hit $16.1 Billion by 2009!

Darien, Conn. -- Technology market research firm JuipiterResearch said that the online ad market will grow from $6.6 billion in 2003 to $16.1 billion in 2009. While paid search will grow 30% compounded annually over the next two years, it is no longer the sole driver of online ad spending, according to the report. The firm estimates that display ads and online classifieds will each grow more than 25% compounded annually over the same period. "The growth in online advertising is the product of all the progress that web sites and technology providers have made in the last two years," said Gary Stein, a senior analyst at JupiterResearch. "We've seen companies very actively working to make the Internet a more attractive advertising medium," he said.

FCC designates commercial-band FM allocations to be reserved for Noncommercial Educational FM use!

The Commission agrees to cull a big batch of future FM allocations in the commercial band (92.1 - 107.9) and declare them "reserved." That means they can't be used for commercial operation.

Top NPR markets are Portland, OR; Ann Arbor, MI; Raleigh, NC; Eugene, OR; Minneapolis, MN.

A Media Audit study of 18+ listening in 81 markets shows a fact that commercial radio operators should be paying attention to: Lots of Americans are avid consumers of public radio. Portland, OR is the top market when you gauge the Cume Audience Rating. (440,000 cume and a cume rating of 26.2.)

McCain (R-AZ) Leahy (D-VT) bill (S. 2505) that will allow thousands of new Low Power FM (LPFM)
college radio, high school radio, and community radio stations,
to receive FCC licenses has passed the Senate Commerce Committee (7/22/04).
The legislation will now go to the entire Senate for consideration.
The bill was originally recommended by the FCC in February 2004 after a study and report.
The bill eliminates third adjacent channel protection for existing stations,
allowing many more radio stations even in large metro markets.
The McCain Leahy bill would also eliminate economic impact tests required by FCC since 2000.
Large broadcasting groups, even IBS allies, such as NAB and NPR, value their current protection.
Amendment attempts to benefit existing radio stations are certain.
IBS strongly supports the McCain/Leahy bill as it will allow many IBS Member schools staffed
by America's sons and daughters to obtain low power FM FCC licenses to transmit locally.
For a PDF copy of S. 2505 click Here


Senator John McCain (R-AZ) also was able to get the CPB,
Corporation for Public Broadcasting, reauthorization funding through FY 2011,
approved by the Senate Commerce Committee.
The advance authorization for increased funding was last done in 1992.
The NPR, National Public Radio, Board will be meeting in Washington, DC,
next week to discuss these and other events.


FCC issues a Notice of Proposed Rulemaking (NPRM)
.... (7/7/2004): FCC 04-145 (Extension Order 7/22/2004)
.. A PDF file of the FCC 04-145 is available here: click here
.. A PDF file of the FCC 04-145 extension is available here: click here
.. Comments to the FCC should be now be filed by August 27, 2004, with replies by September 27.

.. If you have input for the IBS Washington, DC legal team please e-mail or call any of our
.... IBS coast to coast and international offices and telephone access lines.
.. The FCC proposal is to aid the FCC enforcement against improper and indecent programming.
.. FCC proposal is for broadcast stations to record and retain 60 - 90 days programming.
.. Broadcasting between 6 AM and 10 PM would be recorded.
.. twenty-four programming also may be required recording.

FCC NPRM 04-145:
INTRODUCTION
1. In this Notice of Proposed Rulemaking (NPRM), we propose to require that broadcasters retain recordings of their programming for some limited period of time (e.g., 60 or 90 days) in order to increase the effectiveness of the Commissions process for enforcing restrictions on obscene, indecent, and profane broadcast programming.

2. It is a violation of federal law to broadcast obscene, indecent, or profane programming. Specifically, Title 18 of the United States Code, Section 1464, prohibits the utterance of ñany obscene, indecent, or profane language by means of radio communication." Congress has given the Federal Communications Commission the responsibility for administratively enforcing 18 U.S.C. Û 1464. In doing so, the Commission may, for example, revoke (or decline to renew) a station license or impose a monetary forfeiture for the broadcast of such prohibited material.

3. The Commissions enforcement policy under Section 1464 has been shaped by a number of judicial and legislative decisions. In particular, because the Supreme Court has determined that obscene speech is not entitled to First Amendment protection, obscene speech cannot be broadcast at any time. Indecent speech is protected by the First Amendment and cannot be outlawed completely, but, pursuant to Commission regulations, implementing a subsequent statute and court decision, the airing of such programming is restricted to the hours of 10:00 p.m. to 6:00 a.m., when children are less likely to be in the audience. The courts have consistently upheld the Commission authority to regulate indecent speech, albeit with certain limitations. In this NPRM, we seek comment on enhancing our enforcement processes through proposed program recording retention requirements for broadcast stations in order to improve the adjudication of complaints.

.. IBS is YOUR Voice at the FCC and throughout the world!

FCC may fine KALW-FM $300,000! (Not IBS Member)
..... (Licensed to San Francisco, CA, United School District)
.. KALW-FM operates as a NPR station. Possibly back in 1997 they filed a false Public File,
..... or certification(s), during license renewal.
.. click here for PDF file of FCC July 16, 2004, FCC Notice.
.. A group of apparently unhappy former employees filed with the FCC against KALW-FM (SFUSD).

Extracts from FCC release of July 16, 2004:
It appears that SFUSD has failed to timely place or retain in the KALW(FM) public inspection file quarterly issues/programs lists and supplemental ownership information, while certifying in its renewal application that it had done so. We will therefore specify false certification and SFUSD filed an opposition to the petition on January 20, 1998, to which GGPR replied on February 18, 1998.

IT IS FURTHER ORDERED, that, irrespective of whether the hearing record warrants an Order denying the renewal application for KALW(FM), it shall be determined, pursuant to Section 503(b)(1) of the Communications Act of 1934, whether an ORDER OF FORFEITURE in an amount not to exceed $300,000 shall be issued against SFUSD for willful and/or repeated violations of Sections 73.1015, 73.3527, and/or 73.3613 of the CommissionÍs Rules, which occurred or continued within the applicable statute of limitations.

.. If YOU need help with your FCC Public File IBS will help you. For information click here
.. If YOU need a copy of FCC material in public file. IBS provides you with FCC PDF file here.
.. IBS wants to help you have outstanding FCC Public Files and accurate FCC Reports!
.. While IBS wishes KALW-FM well and fully expects with the help of their outstanding
..... legal Counsel, Ernie Sanchez, THE SANCHEZ LAW FIRM, the School District will be cleared,
..... IBS wants to save you the expense and embarrassment of a seven year battle with the FCC
..... and the potential of a $300,000.00 fine. IBS can assist you with YOUR Public File.
.. IBS Membership has many privileges!

FREE - LEGAL - Record label music downloads!
.. Does your station want more music to play? Sound 24-7 says they can help you for FREE!
.. click here for Sounds 24 PRESS RELEASE (PDF)
.. Sounds is a publicly traded company (OTC)
.. This is the Sounds 24 website. For website click here
.. IBS is YOUR trusted and experienced resource!

Introducing the revolutionary IBS Satellite Radio Network!
.. Stay tuned for the breakthrough news on how IBS Members may be part of the IBS Satellite feed.
.. This new IBS service will soon be available to YOU!
.. Through IBS Membership stations can now stream their signals worldwide.
.. Soon these same signals can be available FREE to listeners worldwide using Satellite transmission!
.. Like XM/Sirius but for FREE! IBS Membership has many privileges.

IBS is a member of NAB (National Association of Broadcasters)
.. IBS is the ONLY noncommercial radio association to be a NAB member.
.. click here for NAB Member List
.. Meet with IBS Board/Staff at the NAB Radio Conference and other NAB Meetings and conventions.
.. NAB Radio Show is in San Diego, CA, October 6-8, 2004. For information click here
.. IBS is YOUR Voice at the NAB and throughout the world!

FCC issued a Notice of Inquiry (NOI)(7/1/2004) on "Broadcast Localism"
FCC 04-129-Docket 04-233
.. A PDF file of the FCC NOI is available here: click here
.. Comments to the FCC should be filed by September 1, 2004.
.. Reply comments are due to the FCC by October 1, 2004.
.. If you have input for the IBS Washington, DC legal team please e-mail or call any of our
.... IBS coast to coast and international offices and telephone access lines.

FCC Introduction: As with competition and diversity, localism has been a cornerstone of broadcast regulation for decades. Broadcasters, who are temporary trustees of the public's airwaves, must use the medium to serve the public interest, and the Commission has consistently interpreted this to mean that licensees must air programming that is responsive to the interests and needs of their communities of license. Even as the Commission deregulated many behavioral rules for broadcasters in the 1980s, it did not deviate from the notion that they must serve their local communities. Rather, the Commission at that time found that market forces, in an increasingly competitive environment, would encourage broadcasters to accomplish this goal, and that certain rules were no longer necessary.

.. IBS is YOUR Voice at the FCC and throughout the world!

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