Clear Channel at issue in Florida election

Democrats in Florida are trying to make a campaign contribution from a former Clear Channel (N:CCU) executive an issue in the state's campaign for governor.

Karl Eller, the retired CEO of Eller Media (now Clear Channel Outdoor), made two donations to the Florida Republican Party totaling $25K on 3/28. That was about a week after the GOP-controlled Florida legislature passed a bill that would make it harder for local communities to take down billboards - - and about a week before Gov. Jeb Bush, also a Republican, signed it into law.

Democrats are claiming that there must be a quid pro quo, but Republicans say there was no connection between the money and Bush's signing the bill. Rather, GOP officials say, Eller and others make contributions because they agree with the party's philosophy. Eller, who lives in Arizona, is said to be a major Republican contributor across the country.

ABC affiliates approve new contract

ABC affiliates have approved a new deal with the Disney (N:DIS) network to govern network-affiliate relations for the next two years, including helping the network pay for the cost of NFL football rights.

A reported (TVBR 10/3), ABC affiliates will kick in about $34M a year to subsidize the NFL package - - down from the previous $45M. The new deal, which will run through July of 2004, replaces a three-year pact which expired at the end of July.

A key provision of the new deal, which is not really related to football, will impact station trading. ABC has agreed to give up its right to withdraw its network affiliation when a station is sold.

Lopez a go for full season on ABC

Disney's (N:DIS) ABC has signed for a full year of the "George Lopez" sitcom, which has been rising in the ratings since a slow start last spring. The show starring comedian George Lopez is the first prime-time series on Anglo TV with a predominantly Hispanic cast in eight years.

NPR alarmed about FCC translator CP

Tom Kigin, EVP, Minnesota Public Radio, first told RBR about a 9/10 FCC decision that authorized the construction of a translator application, using a prohibited contour overlap with a second adjacent full power station. For the first time, the full Commission used an "undesired-to-desired" ("U/D") signal ratio methodology to conclude that no interference would occur in the immediate vicinity of the translator. The fear is this may establish a precedent.

The translator authorization was for Living Way Ministries, for Sun Valley, CA at 91.7mHz. The station that would be interfered with is KVCR-FM San Bernardino at 91.9mHz.

NPR asked its affiliates to advise it as to whether any such situations were present in their service areas. Based on the response, which revealed a number of member station services were at risk or might be at risk, and in consultation with the Presidents of the Regional Organizations, NPR decided to file a Petition for Reconsideration (10/10) requesting the FCC to reverse its decision and to dismiss the translator application based on the current interference protection standards.

"When we learned about the case, we were concerned about it. The first thing we did was to look into that specific situation. Then we put out a message to our member stations to inquire if this type of application had occurred in any of their markets," Dana Davis Rehm, VP/Program and Member Services, NPR, tells RBR. "And one of the things we learned right away was that there were a few other incidences where there were similar applications. We also learned that our members were quite alarmed about this becoming a common activity. This represents a potential threat to the quality of their main signals. This could potentially happen in the commercial band as well. Our main interest is simply to protect the existing service of our member stations and we did not think this particular decision is a good precedent and our view is that the existing rules are well conceived."

Adds Kigin: "This has been a problem for some time in the reserved band (the FCC takes the position that they need only measure desired to undesired signal levels, and not minimum mileages, to determine whether a translator will "fit"). Recent pronouncements from the FCC indicate that when filing windows are opened again for translators in the nonreserved (commercial) band, they are going to take the same approach. The Commission seems bound and determined to screw up the radio spectrum for everyone. The engineering folks at NPR checked with NAB recently, to see if NAB was going to try to do any lobbying on the issue, and NAB was completely unaware of the potential problem."

Living Way will have an opportunity to oppose the Petition by 10/22 and NPR will have an opportunity to reply to any opposition by 10/1.

HR 5469 is dead, for now

Rep. James Sensenbrenner's revised "Relief for Small-Business Webcasters/ Small Webcaster Amendments Act of 2002" bill to save small commercial webcasters (HR 5469) is dead for now (the Senate reconvenes 11/12), possibly due to the NAB and National Religious Broadcasters' (NRB) lobbying efforts to block it. However,"The NAB did not lobby to have this bill blocked," spokesperson Dennis Wharton tells RBR.

The NAB did admit previously it was concerned that passing the bill in its original form would have established a precedent for broadcasters' streams The NAB is still fighting with an appeal to exempt broadcasters altogether from streaming royalty fees for their simulcasts.

Sources say it was actually a number of webcasters and possibly religious broadcasters that lobbied Helms (see below) to put a hold on the bill.

The bill would have provided webcasters a percentage of revenue option to the per-performance rate determined by the Librarian of Congress. But it was the victim of a hold by Sen. Jesse Helms (R-NC). After a long series of quorum calls (strategic delays), the Senate recessed without the measure ever reaching the floor. Sen. Sam Brownback (R-KS), the other Senator holding up the bill, lifted his hold 10/17.

The House approved the legislation before adjourning until late next month. Both the House and Senate must approve identical versions of the legislation before it can go to President Bush for his signature. It is consiudered unlikely that Congress would consider it in a lame-duck session next month.

"We are surprised and disappointed the small webcast legislation was not passed as expected by the Senate Thursday night," Hilary Rosen, CEO of the RIAA told The Hollywood Reporter.

Report: Digital radio: small guys' ruin?

Wired reports digital radio is likely to drown out community radio stations, dashing small broadcasters' hopes that the new technology would boost their signal. Last week, the FCC endorsed iBiquity Digital's IBOC AM and FM DAB technology. Wired wonders if that move has left low-power radio stations and small niche programs out in the cold (excerpts):

"If the system had been designed with the public interest in mind, it would have been made with more channel space," said Pete Tridish, a media activist with the low-power radio group Prometheus Radio Project. "Instead, we have another business that supports the status quo."

Low-power radio stations are small, 100-watt stations that sit in between the major channels on the radio dial. They have a range of 3 to 7 miles, but never more than that. The bill that allowed the stations' creation also relegated their existence to a very limited part of the dial.

That's because, the NAB claimed, the signals could bleed into subchannels that are used for public broadcasts and require a special receiver.

Those subchannels -- which are made up of unused portions of radio spectrum -- are used to transmit information to pagers, or by community services such as broadcasts of people reading the newspaper for the benefit of the blind.

President Clinton signed the bill in 2000, exiling low-power radio to small, rural areas.

But two years later, the NAB endorsed the FCC's decision to give the largest stations the ability to broadcast 500-watt channels alongside those very subchannels that low-power stations were told were protected.

"The NAB said our hundred-watt stations would destroy radio as we know it," said Tridish. "I would love it if they applied the same standards to IBOC (as) to low-power stations. They said that any interference caused by low-power radio would destroy radio, but now they have something that they want -- they have 500-watt data systems -- it's not a big deal anymore."

The IBOC technology works by wrapping the new digital signals around the old analog signals, like gift wrap around a Christmas present. Stations will soon broadcast both digital and analog signals.

That combination allows people with digital radio to receive crisper sound while also receiving backup analog signals to prevent the signal from dropping out. It also lets people with analog radios -- which is nearly everyone right now -- continue to listen.

The ruling disappointed advocates who hoped digital radio -- like digital television -- would provide space for more programming since a digital signal carries five times as much information as its analog counterpart.

Television networks with digital capabilities broadcasting with analog pictures such as HBO can show more than five channels at one time.

The IBOC technology allows a station to broadcast at a higher sound quality, but doesn't allow that station to have multiple shows airing at the same time.

"The other option would have been a technology that increased the number of audio feeds that a station could put out," said Cheryl Leanza, deputy director of Media Access Project, a nonprofit public interest law firm. "That has been interesting to noncommercial radio, because they can't serve the community and they would like another audio stream."

But business models come first. The radio industry believes that before it can fully experiment with digital radio, there should be known revenue streams.

"Most parties interested in digital radio at this time believe that the initial consumer interests will be in data associated with audio programming, such as scrolling information that ties directly to the music or talk audio," said Jeff Jury, iBiquity SVP.

Data delivery may prove a more successful justification for IBOC than better sound quality."

RBR observation: First of all, IBOC allows a digital simulcast of radio station's analog signal. Using the extra bandwidth to send out weather, song or stock information is much different than having another audio broadcast. Secondly, any LPFM station is welcome to broadcast in digital as is any commercial broadcaster. Wired does make the point, however, that some current analog SCA signals, used for reading for the blind, MUZAK and foreign language programming, will be impacted by IBOC signals. Certainly, the transition can be made to the digital data capacities iBiquity's system will offer. Current SCA receivers can be replaced with digital boxes.

Emmis to inform listeners about relationship with the Shade Sheist

According to Reuters, Emmis says it will tell KPWR-FM LA listeners about its relationship with the Shade Sheist CD (RBR.com 10/17). The decision comes after the L.A. Times reported 10/16 a questionable relationship between its Power 106 and its airplay of rapper Shade Sheist. The station's Damion Young produced Sheist's informal introduction album and that Young's Baby Ree Entertainment was financed by Emmis. On top of that, WPR's airplay shows Sheist's single, "Money Owners" was played 380 times over a five-week period.

From Reuters: "The owners of an L.A. radio station said Thursday it will tell listeners that it has business ties to a local rap artist whose work is played more on the station than any other station in the country.

Emmis Communications Corp., an Indianapolis-based radio conglomerate, said it plans to tell listeners about its business ties to rapper Shade Sheist whose heavy airplay on station KPWR-FM has drawn media fire.

"We're going to air disclosure, if it makes people feel better as they scrutinize," said Rick Cummings, president of Emmis' radio division, but said the company had not committed any illegal act."

WYGY-FM Cinci switches on IBOC signal

AllAccess reports WYGY-FM Cincinnati (Salem) is using its relationship with nearby Harris to get its digital IBOC signal up and running (10/17). The Country station is one of the first FMs in the nation to launch an IBOC digital stream.

WYG went live with a Harris Z-HD 16 FM transmitter. The WYGY HD radio audio broadcast kick-off was held in the WLW-AM transmitter building with the old WLW 500,000 watt transmitter.

More on NYC antenna: Hope for new tower to locate at WTC

Finally, some hope to locate the WTC antenna tower replacement at the WTC site (we've been preaching that's where it should be for months). Also, please read our observation at the bottom of the story.

USA Today highlights the latest:

"As the debate over what to build on the World Trade Center site continues to unfold, a structure even taller than the twin towers is already being planned: a 2,000-foot television antenna.

Even in a city of superlatives like this one, size counts. The tower, which would replace the antenna lost when the Trade Center collapsed, would inescapably be part of the New York City skyline. All that's needed is a place to put it.

The television tower would soar nearly 300 feet taller than the tip of the antenna that was on top the World Trade Center. It would be the tallest free-standing structure in the world: taller than the Canadian National Tower in Toronto and taller than the world's tallest occupied buildings, the Petronas Towers in Kuala Lumpur, Malaysia.

Eleven TV stations used the antenna that was atop the Trade Center's north tower, which reached 1,728 feet. Now the broadcasters have formed a consortium to build a $200 million replacement. They are looking for six acres and a willing landlord.

"Everyone agrees there should be a tower, but no one wants it in their neighborhood," says Ed Grebow, president of the Metropolitan Television Association, the consortium of broadcasters. "While I think towers are beautiful, not everyone agrees."

New York City Mayor Michael Bloomberg has said no to sites in Queens and on Governors Island, a mothballed Coast Guard station in New York Harbor.

City economic development spokesman Michael Sherman says New York still wants the TV antenna to be built in the city, but the broadcasters' proposals so far "haven't thrilled anyone."

But as often happens when potential tax revenue is at stake, neighboring New Jersey is trying to seize an opportunity. Bayonne and Jersey City, just across the harbor from Lower Manhattan, have both offered sites for the TV tower.

When the World Trade Center fell on Sept. 11, 2001, almost all television stations in the area lost their ability to broadcast. Only the local CBS affiliate had a backup antenna on the next-tallest building in New York, the 1,250-foot Empire State Building. (Official height rankings of skyscrapers do not include antennas; the antenna adds 204 feet to the height.) Other stations had their backups on the Trade Center's north tower.

Now, all the stations are sharing the Empire State Building antenna, which originally was built as a mooring mast for dirigibles. It's crowded, the electrical power there is inadequate, and the stations still lack backup antennas. So the local broadcasters are under pressure from the Federal Communications Commission to build an antenna. In addition, a new tower would serve as a radio antenna for emergency services, which also used the Trade Center antenna.

A minority of television viewers still rely on over-the-air broadcasts. According to Nielsen Media Research, 87% of the households in the New York City area - 6.4 million homes out of 7.3 million - have cable or satellite service. Broadcasters say the 700,000 households in the area that don't have cable or satellite still get fuzzy reception on one or more television stations. While the Empire State Building is once again the tallest building in the city, other skyscrapers cause "shadows" that interfere with television signals.

Broadcasters are also in the process of converting from analog to digital television signals, which operate on different frequencies. There is no room on the Empire State Building to add digital antennas. And cable companies, which are required by law to carry broadcast channels using analog signals, aren't currently required to carry digital signals.

Some proposals for redeveloping the Trade Center site include a TV antenna. As planned, the tower would be the tallest freestanding structure in the world.

"It's going to dominate the New York skyline," Grebow says.

Architecture critic Paul Goldberger, writing in The New Yorker magazine, said a broadcast tower at Ground Zero "would heal the skyline in a more poetic way than half a dozen blocky office buildings."

But that idea has also raised fears that a towering structure would be a target for another act of terrorism.

"There are people who are concerned about tall towers for a variety of reasons," Grebow says. "But this is really essential to the welfare and security - and entertainment - of New Yorkers."

RBR observation:

Thank you, Mr. Goldberger. And that structure should be designed with the most modern and colorful lighting options mankind has yet developed. A work of art, if you will. People driving and flying into the NYC area will see that glow and spectacular image from 30+ miles away. This thing should be such a beacon. We encourage readers to contact Mr. Grebow (212-456-7673) and Mr. Bloomberg (212-788-3000) on this notion. We would be happy to kick in some cash towards the tower building effort as well. The rest of the site, in our opinion, should be a memorial.

Pat Smith, Metropolitan TV Association spokesperson, tells us unfortunately, it's easier said than done: "The MTVA has no control over the future development at the WTC site and all estimates are that it will be at least eight years before a significant structure is built on that site. The MTVA on year ago came to the conclusion that the viewers would be best served if the MTVA proceeded with a plan to build a freestanding tower where the broadcasters would have more control and which could be completed by late 2004-early 2005."