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Proposed FCC Rules Changes and Their Impact On Syracuse Area Radio

W

WCWalker

Guest
TomT said:
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)

***I'd like your opinion. How will companies like Galaxy and Wolf react to this if all or just a portion of these changes are implemented? Will stations go dark? Or will they attempt to sell their outlets in smaller communities like Oswego?
 
I support the new rules. Let me explain.

zI live in Oswego. Everything here is a Syracuse simulcast. A few years ago, we had an icestorm in Oswego. It hit Oswego 10 hours before a second round hit Syracuse. That morning, my family and I turned on the radio, hoping for some kind of information, only to be greeted by Syracuse area morning show chatter, and no information about the icestorm in Oswego. Had there been a studio for, say, WTKV, in Oswego, and some staff there, the situation might have been different. I just wish that some of these corporate managers could be in a situation where they could only get information from the radio, only to find that the info isn't there because of automation, and no staff at a radio station when needed.

I hope the FCC adopts these new rules, and soon!

--The Radio Kid
(AKA Oswego Jeremy, as nicknamed by George of the Radio Racket.)
My email: [email protected].
 
As much as I am for "live and local" whenever possible, I think it's too late for the FCC to make these demands upon stations. Once they allowed consolidation and changed the rules in 1987, they opened the floodgates for irreversible changes.

Radio is hurting right now. As we all know, the economy is in a tough situation. A year or two ago, you'd think Clear Channel would have no problem finding a buyer for its empire, but today you have them SUING to keep the buyers from backing out of the deal.

If that's not bad enough, every day, more people discover the joy of iPods and other MP3 players. You know you'll never hear a song you don't like, and there's never any commercial interruption or lame jock chatter. How can radio compete with that? Even if you go completely jockless, you still have to play spots, and you know you can't always please every listener with every song.

Anyways... yes, large corporations like Clear Channel and Citadel could probably do just fine if they had to break up their clusters and staff every station 24/7. It would cut into their profits significantly and create many logistical difficulties, but they're big enough that I'm sure they could afford it.

But smaller companies -- like Galaxy, Roser (in Utica) and Cram (the owners of WOLF/WWLF) would certainly be hit pretty hard. Many just don't have the money to build brand new, separate studios for each station. And if the FCC really goes through with this, we all know those "required" studios would be as small as absolutely necessary. Receptionists, prizes, sales, etc. would likely be kept in the main cluster office. Jocks would be stuck in studios the size of a closet, with a small bathroom that barely works... a significant downgrade from the facilities most places offer currently. (In the situation of studios being put at transmitter sites, I wouldn't be surprised if some owners just use the existing building, just putting a soundproof wall between the transmitter and the studio, with no further expansion or renovation.)

And let's not forget stalkers. How'd you like to be a female jock arriving or leaving the building at midnight, at a studio in a transmitter site in the middle of nowhere with just one dinky light over the parking lot?

On the positive side, these kinds of rules would keep EMF from buying up new stations every other week to convert them in to K-Love affiliates. Seems like I'm always reading about these guys buying new stations all over the place. But that's a pretty small plus compared to the major negatives. As much as I dislike K-Love buying up affiliates here and there, there are some regional networks (WRVO, WEOS, etc.) that do benefit large areas, and which would not be possible if they had to build and staff studios in each community they cover.

I'll be very surprised if this becomes a reality.
 
BobRoss said:
As much as I am for "live and local" whenever possible, I think it's too late for the FCC to make these demands upon stations. Once they allowed consolidation and changed the rules in 1987, they opened the floodgates for irreversible changes.

One could argue that consolidation makes this more possible - that economies of scale make it more practical for stations to comply with this kind of rules.

Of course, that's scant comfort to the small stations that *aren't* part of large groups!

If that's not bad enough, every day, more people discover the joy of iPods and other MP3 players. You know you'll never hear a song you don't like, and there's never any commercial interruption or lame jock chatter. How can radio compete with that? Even if you go completely jockless, you still have to play spots, and you know you can't always please every listener with every song.

I guess I'd think the answer to that is to *not* go jockless. There aren't any announcers on my MP3 player - and that means I don't get the news; I don't learn anything about the music; I don't find out when one of the artists I'm playing has a new record out. (the last six CDs I bought, I bought because I saw them in the weekly *newspaper*. *Newspaper*, as a way of learning about new music?????)

I'll be very surprised if this becomes a reality.

Agreed. And I don't think anyone at the FCC expects it to happen either.

I think it was a "quid-pro-quo" for getting newspaper/TV cross-ownership rules on the agenda. Lobbyists from one side demanding expanded public-service; those from the other demanding loosened ownership regs. Offer both everything they want, knowing that neither side is going to get it, and maybe shut both sets up until after the election when maybe there'll be some turnover at the Commission and at least some of the Commissioners don't have to worry about it anymore...
 
Obviously, my first knee jerk reaction is to be for 24/7 staffing, but I too realize the hurt this would put financially on smaller owners. As much as I'd love to see at least one station in a cluster staffed 24/7 (needn't be live DJ's, though), when I really think about it...it's just not necessary at every station.

That having been said, though...I think where 24/7 staffing is necessary is at the EAS LP-1, LP-2 and (if there is one) LP-3 stations. Yes, EAS is programmable to be automatic...but those stations are the ones that need to get it right when seconds count. Those boxes are fallable. We found this out recently in our market when the weather service decided on their own to change some of the codes and didn't inform us. (After all, we're only the LP-1 and LP-3 stations in the market!) So, our EAS box began to spit out non-existant warnings. That's where and why I think you need staffed stations. A phone call to the weather service confirmed the warnings were false. And, after a couple more calls to NWS, we were able to figure out what we needed to do in reprogramming the box.

Frankly...if you're going to take on the EAS responsibility, 24/7 staffing isn't that big a thing to ask.

Everyone else, though...should be able to show the Commission a written, defined plan for emergency broadcast operations. (Who is assigned to come in....the PD? The GM? The Owner?. Who is on call and how do they get the word? How did the station serve it's public committment to broadcasting emergency information when it was needed? Then, at renewal time, the station can submit a report of how their plan worked...and what, if any improvements have been made to it.) There should be some oversight and accountability in this area.

I don't think telling the FCC how much News and Public Affairs programming you're going to do is a bad thing...but I don't think they should be setting any particular "minimum" limit.

Main studio rule changes...bull. The public doesn't know...or care...where the studio is in all but the smallest of towns. They care about what comes out of the radio. If some operators were better at being responsible licensees when it counts, this wouldn't be an issue. (Again: read my comments above about oversight and accountability.) So, Syracuse should care about Oswego and be talking about it. If not, you've got a good reason to challenge the license renewal. At both rimshot stations in the cluster I work for, we know the coverage areas of the 2 rimshots and tailor proper emergency weather announcements to each station based on its coverage area. It ain't that hard to do if...you're a responsible operator and pay attention. You don't need to be doing it live, you just need to be broadcasting pre-recorded information that is updated on a regular, as needed basis. (When we got pounded by a 14 inch snowstorm this winter, we aired the current warnings along with general information about roadways, updated the announcement as needed, then directed our listeners to the station website which had all the closing and snow emergency information.)

Playing "local" music. From time to time, there could be a local act that's worthy of airplay. Most of the time though, the amount of local music that's truly worthy of airplay is extremely limited. (That's why a lot of those "local" music shows that exist air from 10p-Midnight Sunday night...the lowest cumed daypart of the week.) But, this is today and should be the decision of the station programmers, not the FCC. In this day and age where superstar artists are cutting their ties to their record labels and marketing their music via the internet, a good local act can do that, too. If you're really that good, radio will pay attention. Just look at how the Canadian Content laws have screwed up Canada's border stations trying to also compete for U.S. listeners and look at how much of a disadvantage this put those stations. You can't legislate a hit. And no act has a God-given right to airplay.

Voicetracking should not be an issue. The problem today is, in a lot of cases, the jocks (and the PD's who are supposed to be coaching them) don't know how to do it right. Or, in other cases...management seems to be intentionally attempting to devolve the job of air talent to nothing. Tracked radio can sound very live, if you just stop fighting and bitching about it, and try to be compelling and entertaining. But, yes...I realize some companies in their infinte stupidity, aren't allowing that to happen.

A public advisory board? I'm sure some good ideas could come of it...but it ain't "the public" that has to ultimately answer to advertisers and the FCC. This just smacks to me of allowing a couple of local whiners complainers and know-nothings the opportunity to take up a lot of a station's time explaining for the 250th time issues such as why a station aimed at 65 year olds won't get advertisers, etc, etc, etc.

The whole problem here: is some companies, not all but some: don't care about anything but the bottom line. And that is not always serving the public "interest, convenience and necessity". Common sense operation can solve a lot (maybe not all, but a lot) of these problems.

Just the thoughts of one guy behind the mic and the computer who still cares about "interest, convenience and necessity", and tries real hard to make it happen.
 
Everyone has brought up some great points in this thread so far.

If these proposed rules become law, and stations are required to have 24/7 staffing, I think you will see a lot of stations reverting back to shutting down at midnight, as they did decades ago.

Now, while I miss the days of "this concludes another day of broadcast activites of radio station...", I realize that we live in an age where people expect a continuous stream of entertainment. If people turn on their radio late at night, and there's nothing there, that is not going to help radio's cause one bit.

While I, too am a fan of live and local radio, I know that this is not the 1970s anymore. It's just not practical for stations to have live staffing at 3 AM on a Sunday morning, for example.

Do I think these proposals should all be dismissed? No. I think there could be/should be some "compromises" to make radio more community oriented than it is now.

Jeremy (theradiokid) brought up a great example when he talked about the state of radio in Oswego county. It is sad that all of the stations in Oswego and surrounding communities (Fulton, Pulaski) are all Syracuse repeaters, but I think there could be a fair balance of local origin programming, and Syracuse simulcasts.
Let's take WSGO, for instance. They could do a live and local morning show aimed specifically at Oswego, from a studio downtown somewhere. They could also do a live and local news block on the station or maybe even an afternoon drivetime show separate from their simulcast with WTLA. Additionally, coverage of high school sports and local events could be done. The only problem with that could be the lack of a good nighttime signal on AM 1440, and I doubt that anyone in the Syracuse HQ would ever consider putting "hokey" high school sports broadcasts on say, 105.5 or 96.7. So it would most likely have to be exclusively on the AM band.
I honestly think this plan would work. You would attract local advertisers for the local shows, yet still offer a fair amount of programming from Syracuse.

And, before somoene says something like "but Jake, WRVO is an Oswego station". While they may have their studios on the SUNY campus, I don't really consider them to be a true Oswego county station due to their network of repeaters. No disrespect intended to the station, though.
 
...I doubt that anyone in the Syracuse HQ would ever consider putting "hokey" high school sports broadcasts on...

;D

Couldn't be any more hokey than some of the advertisers who voice their own commercials... because the clients are so, uh, so much more polished and artiuculate than the production guys and ladies. Some of the client-voiced crap heard in commercial breaks should have disclaimers, "...this man's a much better plumber than he is an announcer..."

I once (foolishly) tangled with a client during a commercial production session and asked him if he'd mind if I came to his store and advised him how to install car alarms while he was working. Damn near wrecked the account... but as it turned out, the guy was cool, caught my drift and became a long term advertiser. Phew!

But back to the topic at hand.

The proposed FCC Rule has some merit in proper measure. Let's address the issue of news. Since "interest, convenience and necessity" (collectively) has been mentioned, let me say I firmly believe stations SHOULD have a bonafide news department to fulfill the terms of "interest, convenience and necessity" in their licenses.

News should be done for financial reasons as much as to serve the community.

News is one of the strongest assets for radio. Doesn't matter if you're a daytimer in Market 287 or a Class B FM in Market #1. Local news makes money. In particular, it is the mainstay, bread and butter of many successful small and medium market radio stations.

As an example, take a few stations in Western New York such as WYSL-AM 1040 Avon; WLVL-AM 1340 Lockport and WBTA-AM 1490 Batavia. I recall that back in the day when stations like WLFH in beautiful Little Falls turned a modest profit, local news was the reason.

Of all the programming offered today, from the satellite delivered drek to ten in a row wall to wall hits from yesterday and today, radio stations can take local news to the bank.

Certainly, it takes manpower to deliver local news and talk, but smart managers and programmers know the return on investment from news is absolute.

So why not news?

It's good for the community and it's good for the balance sheet. As a person who's been in front of the microphone, behind the manager's desk, out in the street dogging stories (and out on my ass) I know news is a good deal. One more thing, I think news is absolutely essential for the long term viability of radio.

It's a wise investment.

-9-
 
Element9 said:
Certainly, it takes manpower to deliver local news and talk, but smart managers and programmers know the return on investment from news is absolute.

Especially at WXUR, when your total investment is just the salary for one person to read the news, plus 50 cents a day for the Observer-Dispatch he's reading it from. :)

No, but seriously, you have some very valid points. Even for FM music stations that only have news during morning drive, people want to know what's going on in their immediate community. Local news is a great idea, and you don't even need newsreaders for every station in the cluster. Many clusters that have a news/talk station usually have one of their morning anchors (if not "the" morning anchor) record some quick casts for the FM stations. It's rare that you have any "breaking" news that require these newscasts to be updated once they're in the can. But if something major happens, any cluster worth their salt has the plans and capabilities in place to figure out a way to get the information on pronto. Whether it's a matter of having the jocks read it (if it's THAT serious, listeners won't care WHO reads it) or just forcing everyone to sync up their clocks to hit an "internal network" newscast fed from the AM studio to the FM studios, there are ways to get it done.

Another thing more radio stations could cash in with is traffic. I know many folks make fun of Clear Channel traffic in Syracuse because the reports are often outdated, underestimated and/or overestimated. (For example, announcing accidents that are causing delays, when they were cleaned up 20 minutes earlier, and never even caused a problem -- or neglecting accidents that ARE causing backups.)

But seriously, even in cities where traffic isn't a major problem... even the pettiest minor accident can wind up causing people significant delays. People who live in big cities come here and say, "20 minute delay? You call THAT traffic?" Well, when you're used to getting from Point A to Point B within 10 minutes every day and you're not planning for a delay that triples your commute time... yeah, that's traffic. Or if a major concert or sporting event is letting out -- but you aren't aware of it -- it's nice to have that little "warning" in the car (ie. "steer clear of the War Memorial - the Syracuse Crunch game just ended and Adams Street is gonna be jammed between State St. and 690 for the next half-hour or so.")

(Of course, I'll still fault CC for attempting to do traffic for several markets out of Syracuse. How well can someone in Syracuse do traffic for Buffalo if they've never even BEEN there?)

Jason Roberts said:
As much as I'd love to see at least one station in a cluster staffed 24/7 (needn't be live DJ's, though), when I really think about it...it's just not necessary at every station. (...) Yes, EAS is programmable to be automatic...but those stations are the ones that need to get it right when seconds count. Those boxes are fallable.

Agreed. Even if it's not required by law, it's still very good practice to have at least one warm body in the building at all times. Studio automation equipment is just as fallable as EAS equipment. Even with the best redundant servers, battery backup power supplies, generators and the like, there's still a chance for equipment to crash. And even though most of your overnight spots are "comps" (and it doesn't matter if they don't air), it's still nice to have someone in-house who can immediately take steps to get things back in order, rather than letting your morning drive folks discover these nightmares when they walk in the door. No morning show can be off to a good start when their valuable prep-time was wasted playing phone-tag with engineers or tech support. (And what if it's a major problem that takes awhile to fix? Better to get started on repairs at 2am and finish at 4, than to begin at 4:30am and be kept off-air until 6:30 or 7, while your competition rolls out the welcome mat for your P1's... and your traffic department is going crazy trying to schedule make-goods for all the high-priced AM drive spots you missed.)

In many clusters that have an AM news/talker, this is already fulfilled by way of the overnight newsroom person. Even though their primary duty is to prepare news copy for morning drive, it doesn't take much to make sure they have silence alarms or EAS monitoring capability in the newsroom, so they can immediately react to any situation.


Jason Roberts said:
Playing "local" music. From time to time, there could be a local act that's worthy of airplay. Most of the time though, the amount of local music that's truly worthy of airplay is extremely limited.

Yes... and what happens if your station is a format that just doesn't HAVE any local talent? Should an AC or classical station be required to play some local grunge band's music simply because they're local and nobody else has submitted anything? That's just going over the line. I think music selection should be left up to the stations. If you have good ratings, it's obvious that the public approves of what you're playing. End of story.

Jason Roberts said:
Voicetracking should not be an issue. The problem today is, in a lot of cases, the jocks (and the PD's who are supposed to be coaching them) don't know how to do it right. Or, in other cases...management seems to be intentionally attempting to devolve the job of air talent to nothing.

I have a feeling the FCC's attempt to "define" and possibly restrict voicetracking might be aimed toward stations where voicetracking is done by out-of-town talent. For example, when Utica signed on Bob 102.5 in Utica (correct me if I'm wrong, this is a good few years ago) they had a syndicated morning show, a middayer voicetracked out of Pennsylvania, and a local PM drive show. Or look at clusters where weekends are totally (or nearly totally) voicetracked. I think those are the kinds of situations where the FCC might have a problem... what if there's a major event, but nobody's home to get the word out? I believe this happened once several years ago, someplace in North Dakota or something like that, and the story got a lot of play nationally afterwards.

Jason Roberts said:
A public advisory board? I'm sure some good ideas could come of it...but it ain't "the public" that has to ultimately answer to advertisers and the FCC. This just smacks to me of allowing a couple of local whiners complainers and know-nothings the opportunity to take up a lot of a station's time

You've hit the nail on the head again. It's like when people call local newsrooms, asking stations to do these huge, drawn-out investigations on petty rumors involving small-town politics, or further coverage of something they saw on the network news. I just wanna say "Dude, we're a LOCAL station with just 7 or 8 reporters. We don't have the time, the money or the manpower to do a Dateline NBC investigation on why the Citgo in Suburb A charges 7 cents a gallon more than the Mobil 2 miles down the road in Suburb B." Or to look into some petty rumors involving small-town politics. "So what if the Podunk Dog Catcher watches porn at night on Cinemax? Why the hell do you care or know so much about this in the first place?" These people don't have a clue on how the station works, and even if you try to explain it, they still don't get it.

JakeLongwell said:
Jeremy (theradiokid) brought up a great example when he talked about the state of radio in Oswego county. It is sad that all of the stations in Oswego and surrounding communities (Fulton, Pulaski) are all Syracuse repeaters, but I think there could be a fair balance of local origin programming, and Syracuse simulcasts.

I just took a quick look at Google Maps.

Syracuse to Oswego: 39 miles.
Syracuse to Cortland: 33 miles.

When you look at it that way... it's pretty weird that Cortland is considered a separate market, even though Oswego is farther away. According to Census numbers posted on Wikipedia, both cities have similar population levels too. So yes indeed, it's a very valid point to argue Oswego may be underserved by all these stations that are simply repeaters of Syracuse stations. But could/should Oswego be considered its own market? I don't think it could happen. Many people in Oswego County commute to Syracuse anyway, especially from the southern areas of the county. The market boundary would basically be the City of Oswego, and anything north of 104. Then there's only so much room to go north before you're in Watertown's territory. With such a small market territory -- and most listeners likely going for the Syracuse stations anyway -- it would be pretty tough for an owner to be profitable with an Oswego-based station. Look at Galaxy... if WSCP in Sandy Creek was actually doing anything, they probably would have kept it.
 
BobRoss said:
Or look at clusters where weekends are totally (or nearly totally) voicetracked. I think those are the kinds of situations where the FCC might have a problem... what if there's a major event, but nobody's home to get the word out? I believe this happened once several years ago, someplace in North Dakota or something like that, and the story got a lot of play nationally afterwards.

Clear Channel can be accused of a multitude of sins, but the blame for the Minot chemical spill disaster falls solely on the local emergency personnel. A total lack of maintenance and regular testing meant that both the EBS and EAS systems under their control weren't functional the night of the spill. They'd also failed to update their emergency action plan with current contact numbers for the stations and instead relied on a sheet listing the chief engineer, program directors, owner, etc. that had the same studio number for all of them.

After the disaster a proper maintenance schedule and phone tree were established.

Your friend forever,
Biggus
 
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