The FCC plans Feb. vote on a Notice of Proposed Rulemaking to make it easier to send multilingual alerts over TV and radio
WASHINGTON, D.C.—As part of its tentative agenda for the February Open Commission Meeting, Federal Communications Commission has announced that it will vote on a proposal to increase the accessibility of the Emergency Alert System by making it easier for TV, radio and other outlets to send multilingual emergency alerts.
There’s lots of unfinished business for broadcasters in Washington as the new year begins, from pending legislation in Congress to proposed rulemakings at the Federal Communications Commission. In the latest installment of Inside Radio‘s Radio Outlook 2024 series, we look at the top regulatory issues facing the industry this year.
Priority One: AM Radio
There is no bigger issue for the radio industry right now than pushing Congress to pass a bill that would direct the Department of Transportation to issue a rule requiring that AM broadcast stations be accessible in all passenger motor vehicles manufactured in, imported into, or shipped within the U.S. The AM Radio for Every Vehicle Act (S. 1669) is pending on the Senate floor. Yet without 60 votes lined up, Senate Majority Leader Chuck Schumer (D-NY) is unlikely to even bring it up for a vote. But supporters like Senator Ted Cruz (R-TX) are expected to try to attach the bill to a piece of must-pass legislation. Yet there remains bipartisan skepticism in the House where some lawmakers have said they are uneasy with such a mandate that favors one industry over another. Supporters think if the Senate passes the bill, it could give them the momentum they need in the House.
In a landmark move on Monday, President Biden issued an executive order based on the use of artificial intelligence in America, emphasizing safety, job security, and privacy. This order comes as AI is at the forefront of radio’s attention, especially with concerns about how the technology will be used in media’s future.
An appellate panel said Texas photojournalists were wrong to believe they have a sweeping First Amendment right to film private citizens on private property without permission.
(CN) — In a loss for Texas journalists, a Fifth Circuit panel on Monday ruled a state law restricting use of drones does not violate the First Amendment.
While flying his drone over a San Marcos, Texas apartment complex where several people had died from an arson fire in July 2018, San Antonio Express-News multimedia reporter Billy Calzada was approached by a federal agent.
The agent told him he was interfering with a federal investigation and called San Marcos police.
An officer told Calzada he was violating Chapter 423 of the Texas Government Code and could be charged with misdemeanors, with penalties of up to 180 days in jail and a $10,000 fine, if he continued to use his drone to report on the fire or if he published any of the photos or footage he had taken with it.
Consultant writes with urgency in face of “abandonment” by some carmakers
What can AM broadcasters in the United States do in the face of news that major carmakers appear to be willing to drop over-the-air AM reception from their cars?
Consultant Fred Jacobs has some ideas today. He wrote partly in response to the news that Ford apparently will phase out AM reception from most of its new vehicles, not just from electric ones.
(As we’ve also reported, Volvo also appears to have made that decision. Read our sampling of what the individual carmakers told Sen. Ed. Markey.)
Jacobs knows these are depressing developments. In a blog post, he writes that the NAB and Sen. Markey “are on it” and understand “the gravity of the moment.”
Say the removal of AM radios from cars is “a grave threat to future local, state and federal disaster response and relief efforts”
The laundry list of current and former government officials advocating for the safeguarding of AM radio in electric vehicles continues to grow.
On Feb. 26, seven former leaders of the Federal Emergency Management Agency penned a letter to Secretary Pete Buttigieg of the Department of Transportation advocating for the preservation of the senior band and urging regulators to take action to protect the nation’s public safety.
“Because of the great distances that its signal carries, and due to its resiliency during even the worst natural disasters, the success of the National Public Warning System hinges on the use of AM radio,” the collective of former FEMA leaders wrote. “However, should EV makers continue removing AM radios from their vehicles, this vital public safety system will no longer function as intended.”
A group of leading Senate Republicans is requesting information from cable provider DirecTV surrounding its recent decision to drop conservative network Newsmax from its channel lineup.
In a letter dated Feb. 1 and shared exclusively with The Hill, GOP Sens. Ted Cruz (Texas), Lindsey Graham (S.C.), Mike Lee (Utah) and Tom Cotton (Ark.) wrote to the cable provider’s corporate leadership expressing that they are “deeply disturbed” by its decision to drop the network and alleged the episode “may be the latest example of big business suppressing politically disfavored speech at the behest of liberal Democrats.”
Klobuchar Loses ‘Lame Duck’ Vote On JCPA. Is AMFA Dead, Too?
With the Journalism Competition and Preservation Act’s omission from a Congressional omnibus bill, there will likely be no legislative action during this Congressional session. At the same time, the much-ballyhooed but lightly supported American Music Fairness Act, introduced by now-retired Democratic House Member Ted Deutch of Florida, appears to have also met its end.
There is yet another path open to potentially allowing cannabis advertising on radio and television stations. Senator Ben Ray Luján (D-NM) has introduced a bill that would permit radio and television stations to accept advertising for legal cannabis products if the station is licensed in a state that permits the advertising of medical or adult-use cannabis.
The proposed Secure and Fair Enforcement (SAFE) Advertising Act is similar to a provision tucked inside the proposed Federal Communications Commission budget for fiscal year that begins Oct. 1. But unlike the budget maneuver under which the ad moratorium would only last for one-year, Luján’s bill would permanently remove any doubt about whether stations could accept cannabis advertising.
“As more states enact common-sense cannabis legislation, it’s crucial that radio and TV stations can accept advertising without fear of losing their license,” said Luján in a statement. “With health and safety measures in place, this legislation will allow broadcasters to accept cannabis advertisements in accordance with state laws.”
Despite a near-majority of House members on record as opposing the creation of a performance royalty placed on radio stations, the National Association of Broadcasters says it expects a bill that would do just that will move forward in the coming weeks. The NAB says it expects House Judiciary Committee Chair Jerrold Nadler (D-NY) to bring up for a vote the American Music Fairness Act (H.R. 4130) and by its headcount, there are enough supporters of the proposal on the Committee for the bill to advance to the full House for consideration.
Nadler, a longtime supporter of a performance right for AM/FM airplay, held a hearing on the bill last month. If adopted, the American Music Fairness Act would create a performance right on AM/FM airplay, with rates that would be set for most stations by the Copyright Royalty Board. The main target is larger radio groups. Stations that fall under $1.5 million in annual revenue and whose parent companies make less than $10 million in annual revenue would pay $500 per year in performance royalties. And even smaller stations – those with less than $100,000 per year in revenue – would pay ten dollars a year.
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