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	<title>Rubin Rodriguez Jr.</title>
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		<title>Programming your station in tough times</title>
		<link>http://rubinrodriguezjr.com/?p=651</link>
		<comments>http://rubinrodriguezjr.com/?p=651#comments</comments>
		<pubDate>Sat, 14 Aug 2010 23:08:16 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Programming]]></category>

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		<description><![CDATA[BY Bill James What do you do to program your radio or TV stations economically and enable you to monetize them during a rough period of performance operation? The answer: use a programming service or supplier. Better yet, an established network to provide the programming. In the case of Television, there is AMG TV.&#160; This [...]]]></description>
			<content:encoded><![CDATA[<p>BY Bill James</p>
<p>What do you do to program your radio or TV stations economically and enable you to monetize them during a rough period of performance operation? The answer: use a programming service or supplier. Better yet, an established network to provide the programming. In the case of Television, there is AMG TV.&#160; This little known gem of a programming oasis in a sea of crap generated by today’s major networks is just screaming to be discovered by those TV stations both full power and low power, cable systems and digital stations as well.&#160; Check out their programming at <a href="http://www.amgtv.tv">www.amgtv.tv</a> and you too will see the quality and type of programming that’s available for your station on a market-exclusive basis, with a basic commitment, and free of charge. All you need do is carry the programming and give up several minutes per hour of commercial programming.&#160; Not bad, considering you save on all sorts of programming costs to yourself and your company. </p>
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<p>The type of programming, movies, sports features and event shows are equal to or better than many of the so-called major networks today.&#160; You will find that AMG TV and other independent networks as well, such as My Family TV, will allow you to present quality programming delivered by satellite to your market for little or no cost to you, the TV stations, and you can then turn around and promote and exclusive network affiliation and sell the local time on the station the same as any other TV station in your market would.&#160; It is a great opportunity for many independent TV stations to take advantage of.&#160; There seem to be an abundance of cable TV networks, but not too many when it comes to providing network coverage over the air.</p>
<p>The same can be said for radio. In today’s PPM environment, many stations are diving into an already competitive marketplace, competing for diminishing numbers in a market (those under 35) that are increasingly utilizing other media sources than radio to deliver their music and some entertainment.&#160; The only segment of the market that will prove to be radio-friendly in the future is the over 45 crowd &#8212; those that grew up with radio and it has become a companion and friend and second nature for them to use as a source of entertainment and music, provided there is still music and entertainment for them to listen to.&#160; How about programming your losing station with an alternative format?&#160; One that will build loyalty as well as provide you with a standalone format in your market which will give you market exclusivity, and at a cost that is virtually free? Well, you have to give up three or four minutes per hour, but you have lots of commercial time anyway. And with an exclusive format, and a concerted sales effort on the part of your staff, you will become profitable without a major investment of money or cost for programming services and music. </p>
<p>I am talking about an established format, aimed at the over 45 crowd, a well established brand image like&#160; “The Music Of Your Life”&#160; and other adult standards formats,&#160; or a “True Oldies” format like that created by Scott Shannon that actually plays many of the oldies you don’t hear elsewhere.&#160; One format I favor that is often overlooked in many markets is that of a Classic Country station, playing many of the oldies of the great country music eras of years gone by.&#160; It has worked for old rock and roll, why not Country?&#160;&#160; What better way to serve a segment of your market that is well being missed by the Alternative Rock, Country and Hot AC stations of today?&#160; Even some Oldies stations have become boring as most oldies formats only repeat some 500 to 800 titles and repeat, and repeat, and repeat. How many times can you play the same old burned out oldie?    <br />Look for a programmed format that has an established image ready to market in your community. People already know the brand name after years of promotion and exposure in the medium.&#160; It’s unique, it’s well programmed and free to your station.&#160; All you have to do is exchange some air time during the hour and you have a format that is unique and exclusive in your market.&#160; I myself rep a couple of these networks and can help you make arrangements to secure them for your station. Either way &#8212; TV or Radio &#8212; there are cost-effective alternatives to the programming expense involved today in trying to establish your station in a competitive environment that’s constantly changing and threatened with cost over runs and reduced ad income.&#160; Something to remember when you’re building your digital platforms or changing your format to compete more effectively. </p>
<p>&#8211;Bill James is a radio programming consultant and TV media rep operating out of Richmond, Virginia with some 40 plus years in the industry &#8212; both radio and TV. (804) 231-0868 <a href="http://www.billjamesprogramming.com">www.billjamesprogramming.com</a></p>
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		<title>TVB&#8217;s Lanzano Touts Power Of Mobile DTV</title>
		<link>http://rubinrodriguezjr.com/?p=597</link>
		<comments>http://rubinrodriguezjr.com/?p=597#comments</comments>
		<pubDate>Thu, 01 Jul 2010 19:33:26 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Mobile TV]]></category>

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		<description><![CDATA[Speaking to a packed room of TV executives at the New York State Broadcasters 48th annual Executive Conference in Bolton Landing, N.Y.,Tuesday Steve Lanzano, the new president of the Television Bureau of Advertising, provided an update on the state of the industry, while touching upon everything from digital sub channels to mobile DTV. Lanzano, who [...]]]></description>
			<content:encoded><![CDATA[<p>Speaking to a packed room of TV executives at the <a href="http://www.nysbroadcasters.org/">New York State Broadcasters </a>48th annual Executive Conference in Bolton Landing, N.Y.,Tuesday Steve Lanzano, the new president of the Television Bureau of Advertising, provided an update on the state of the industry, while touching upon everything from digital sub channels to mobile DTV.</p>
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<p>Lanzano, who brings 28 years of advertising experience to his new post, maintained that despite ongoing fragmentation within the media landscape, TV remains the premier medium for advertisers and agencies.</p>
<p>&quot;The latest TVB Media Comparison Study shows by every measure that television reaches more consumers every day than newspapers, magazines, radio and the Internet, and that more people spend more time with TV than with any other medium,&quot; he maintained. &quot;That same study also shows that 71% of people learn about products and brands from television. Our competitors are left in the dust.&quot;</p>
<p>Since joining the TVB from MPG US, where he oversaw all client accounts and led strategic and operational duties for MPG&#8217;s marketing service professionals across the country, Lanzano has become bullish about the power of mobile DTV.</p>
<p>&quot;Mobile is such an exciting opportunity because consumers overwhelmingly want the ability to watch live programming on their mobile devices,&quot; he said. &quot;Advertisers are beginning to see mobile DTV as the next great marketing opportunity.&quot;</p>
<p>Lanzano also used his 30-minute presentation to stress how local TV broadcasters need to see the Internet — not as a rival to television — but as a complement. &quot;Television ads drive consumers to the Web,&quot; he emphasized.</p>
<p>Lanzano concluded that TV stations&#8217; websites are a also becoming a significant growth contributor to station revenues. &quot;Local broadcast TV interactive revenues are projected to hit $1,361 million in 2010, up from $1,153 million in 2009,&quot; he said. &quot;I believe this revenue will only continue to grow.&quot;</p>
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<p><em>Copyright 2010 NewsCheckMedia LLC. All rights reserved.</em></p>
<p><em>This article can be found online at: http://www.tvnewscheck.comhttp://www.tvnewscheck.com/articles/2010/06/29/daily.9/.     <br />Please visit http://www.tvnewscheck.com/ for more on this and other breaking news concerning the TV broadcasting industry.</em></p>
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		<title>FCC Broadcasters Forum Yields No Magic Spectrum Solution</title>
		<link>http://rubinrodriguezjr.com/?p=604</link>
		<comments>http://rubinrodriguezjr.com/?p=604#comments</comments>
		<pubDate>Fri, 02 Jul 2010 22:25:54 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[FCC Issues]]></category>
		<category><![CDATA[FCC]]></category>

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		<description><![CDATA[by Doug Lung, 07.01.2010 TV Technology The FCC Broadcast Engineers Forum held last Friday consisted of some of the most experienced and skilled broadcast engineers in the country, although as each panel gave its report, it became clear that there was no way to eliminate all TV channels above channel 30 without a serious impact [...]]]></description>
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<div class="Article-Column-1">by Doug Lung, 07.01.2010 <a href="http://www.tvtechnology.com/article/93734" target="_blank">TV Technology</a></div>
<div class="Article-Column-1">The FCC Broadcast Engineers Forum held last Friday consisted of some of the most experienced and skilled broadcast engineers in the country, although as each panel gave its report, it became clear that there was no way to eliminate all TV channels above channel 30 without a serious impact on TV broadcasting. For non-technical readers, it is important to note that the channels the FCC is proposing to eliminate are not the channel numbers you see on your TV set or program guide but rather the channels the station is actually transmitting on. For example, in Los Angeles KNBC, virtual channel 4 transmits on channel 36 and KCBS, virtual channel 2 transmits on channel 43. Both would lose the RF channel they use to transmit their signal over the air, although they may be able find a new channel and build a new transmission facility on another channel to continue to provide free over-the-air TV. </div>
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<div class="Article-Column-1">&quot;Cellularization&quot; of broadcasting would provide little if any new spectrum and be technically difficult and expensive. Changing stations&#8217; channels to more efficiently use the spectrum—&quot;re-packing&quot;, even if protected coverage areas are reduced, will yield little extra spectrum. More stations will have to use VHF channels, and beyond some limited relief from power increases, there is no magic solution to making VHF as effective in reaching smaller antennas as UHF. The VHF reception panel suggested the best use for the low-VHF spectrum might be as a &quot;technological innovation&quot; band in areas that would not impact the few remaining low VHF DTV stations. The panel on compression explained that combining two or more stations on one channel will work only if one or both of the stations are willing to make compromises in HD quality, multicast offerings, mobile DTV capability—or all of the above. MPEG-4 promises better compression efficiency, but it could take 13 years to replace all the MPEG-2 TV sets and converter boxes now in use.          </p>
<p>One of the interesting things I noticed during the forum question and answer periods at the end of each panel discussion was that there was little if any argument on the purely technical points made by the panel. If there was a point of disagreement, it was that the panels treated the National Broadband Plan recommendations to clear 120 MHz of the broadcast spectrum as if it would result in all broadcasters being forced to share spectrum or reduce coverage. Evan Kwerel, acting FCC Wireless Bureau Chief Economist said this would impact only 4th or 5th tier stations running mostly reruns, some in black and white, and not networks. This implies the reward would either be great enough or the penalty and costs high enough that many TV stations would voluntarily give up their channels.           </p>
<p>I&#8217;m encouraged by the format the FCC used in the forum. The depth of material assembled by the panels in less than a day is amazing, although perhaps not surprising due to the caliber of panel participants. Julius Knapp did an excellent job as moderator and even managed to end the forum early. This work cannot be ignored as the FCC decides how to achieve its wireless broadband spectrum goals. If they do and focus solely on dollars as the measure of public benefit, the record will show the resulting fiasco and public outrage cannot be blamed on the broadcast engineering community. Unfortunately, viewers tended to blame broadcasters for the loss of analog TV even though that was mandated by Congress and the FCC. Of course most broadcasters were happy to stop maintaining and supporting the equipment to transmit on two channels.           </p>
<p>Now that the President has supported taking TV broadcast spectrum for broadband (voluntarily, of course), there is little doubt this will impact all but the smallest stations and perhaps those on low VHF channels. The video and presentations presented in this forum are the best way for TV engineers to get an understanding of the implications of taking away TV channels above 30 so they can explain it to non-technical management. The FCC has made a video of the approximately two and one half hour FCC Broadcast Engineering Forum available at <a href="http://reboot.fcc.gov/video-archives">Reboot.FCC.gov/video-archives</a>. Individual panel presentations are available as PowerPoint files on the <a href="http://reboot.fcc.gov/workshops/broadcast-engineering-forum">FCC Broadcast Engineering Forum page</a>.           </p>
<p>To encourage you to download the presentations and, if possible view the video, I&#8217;ll provide some short summaries of each panel&#8217;s presentation:           </p>
<p>Andy Setos from Fox Broadcasting delivered the Advanced Compression Technologies presentation. He showed that demands for broadcast bandwidth are still increasing—licensees are still migrating to HD and at some point won&#8217;t be able to depend on SD material being available. Forcing stations to share channels will require picking winners and losers. This is the point that Evan Kwerel strongly disagreed with—the losers will pay less. In addition to Andy Setos from Fox, the panel included NBC&#8217;s Glenn Reitmeier, David Converse from ABC, and Greg Coppa from CBS. These are people that know from practical experience what the limits are on quality and what viewers and advertisers want. Cox, ION, and Capital Broadcasting also had one of their top engineers on the panel, providing more real world experience. See the <a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298887A1.pdf">Agenda and Forum Participants</a> for a complete list. </div>
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<p>       <span id="ctl00_ContentPlaceHolder1_lblContentBottom">         <br />The Cellularization of Broadcast Architecture and Distributed Antennas Systems panel included Merrill Weiss, who I would call the &quot;father&quot; of distributed transmission for ATSC due to his work on the ATSC standard and his work with the FCC to make it available to broadcasters; and Dennis Wallace, who I think it is safe to say has done the most ATSC fixed, DTS and mobile DTV field measurements of anyone in the country.. Harris Corp., Sinclair, Sprint, CTB Networks, and Motorola had an engineer on the panel. Bob Seidel from CBS was on the panel and delivered its presentation. The presentation shows, step by step, why going to a cellularized broadcast network will provide little or no additional spectrum and will not work to provide stronger signals at the edge of a station&#8217;s contour because of interference to adjacent markets. The presentation includes some very interesting maps showing the number of channels that can be received in locations around the country. The maps show there are many counties in the U.S. where viewers can receive more than 28 channels over-the-air and some in California and around Chicago, and many throughout the northeast where viewers can now receive more than 37 channels. It will be very difficult to find spectrum below channel 31 for all TV stations, even if some share channels.           </p>
<p>The VHF Reception panel included Victor Tawil from the Association for Maximum Service Television (MSTV), Jeff Johnson from Gannett, and a trio of broadcast consulting engineers—Greg Best, Charles Cooper and Ross Heide. Dave Young from Antennas Direct and Will Belt from the Consumer Electronics Association provided expertise on receive antennas while Kerry Cozad from Dielectric covered transmitting antennas. The panel&#8217;s presentation provided a short lesson on antenna theory, then addressed practical issues. The problems with VHF DTV reception have been widely reported and I won&#8217;t repeat them here. Refer to the panel&#8217;s presentation for one of the best summaries I&#8217;ve seen of the issue. The &quot;Final Thoughts&quot; slide sums things up nicely: &quot;Improvement in VHF reception is difficult and limited by the laws of physics; RF environment; practical limitation of transmitting and receiving equipment design.&quot;           </p>
<p>The last panel to present covered the methodology for repacking. This group had to look at ways of moving all of those stations above channel 30. Panelists included Bill Meintel, who worked with the FCC in writing the software it used to determine coverage, interference and DTV Tables of Allotments, Bruce Franca, an engineer in the FCC&#8217;s Office of Engineering and Technology before MSTV, and Dr. Byron St. Clair, who most consider the father of translators and LPTV. They were assisted by the top engineers from Univision, PBS. Gray Television Group and Lin Broadcasting. Broadcast engineer Joe Snelson represented the Society of Broadcast Engineers. Mel Frerking from AT&amp;T provided the wireless carriers&#8217; perspective.           </p>
<p>The Repacking panel looked at the analysis in <a href="http://download.broadband.gov/plan/fcc-omnibus-broadband-initiative-%28obi%29-technical-paper-spectrum-analysis-options-for-broadband-spectrum.pdf">OBI Technical Paper No. 3 – Options for Broadcast Spectrum</a> and outlined the short-comings and flaws in the analysis. The panel presented an industry study showing that if full power, land mobile, Class A and border stations are protected, 366 stations will not have a channel in 40 percent of the markets. Note that this doesn&#8217;t mean that only 366 stations would have to share a channel, but rather it means a total of 732 stations would not have their own channel because those 366 stations without a channel would need another station to share with. Slide 12 in the presentation shows a map indicating areas where ALL stations must share a channel. They include western Washington, northern California, east central Florida, much of the Washington DC to Hartford corridor and much of the northeast border of the U.S. with Canada. Even Maine is impacted! One point the panel emphasized is that the FCC has to be very careful in relaxing interference requirements because interference ratio differences as small as 1 dB can make the difference between a watchable and unwatchable picture.           </p>
<p>The presentations provide an excellent reality check for the OBI Technical Paper No. 3 – Options for Broadcast Spectrum, which I described as &quot;biased, incomplete and in some ways, inaccurate&quot; in a <a href="http://www.tvtechnology.com/article/102242">June 18 RF Report article</a>.           <br /></span></span></div>
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		<title>Could &#8216;Voluntary&#8217; Surrender of Spectrum Clear Channels 31-51?</title>
		<link>http://rubinrodriguezjr.com/?p=605</link>
		<comments>http://rubinrodriguezjr.com/?p=605#comments</comments>
		<pubDate>Fri, 02 Jul 2010 22:30:36 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[FCC Issues]]></category>
		<category><![CDATA[FCC]]></category>

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		<description><![CDATA[by Doug Lung, 07.01.2010 TV Technology &#160; The comments from Evan Kwerel, acting FCC Wireless Bureau Chief Economist about 24 minutes into the FCC Broadcast Engineering Forum (available at Reboot.FCC.gov/video-archives) to ABC&#8217;s Andy Setos provide a brief glimpse into what the FCC (and, by extension, President Obama) may mean when they say any surrender of [...]]]></description>
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<div class="Article-Column-1">by Doug Lung, 07.01.2010 <a href="http://www.tvtechnology.com/article/93734" target="_blank">TV Technology</a></div>
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<div class="Article-Column-1"><span>The comments from Evan Kwerel, acting FCC Wireless Bureau Chief Economist about 24 minutes into the FCC Broadcast Engineering Forum (available at <a href="http://reboot.fcc.gov/video-archives">Reboot.FCC.gov/video-archives</a>) to ABC&#8217;s Andy Setos provide a brief glimpse into what the FCC (and, by extension, President Obama) may mean when they say any surrender of broadcast spectrum will be voluntary. </span></div>
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<div class="Article-Column-1"><span>In responding to Setos&#8217; comment on winners and losers if two stations try to stat-mux (statistically multiplex two signals so one can use bandwidth the priority channel doesn&#8217;t need), Kwerel said, &quot;Well, if you had a voluntary mechanism, that could be through contract. You&#8217;re absolutely right if there was kind of mandatory approach, how will we pick the winner and loser? If we had a voluntary arrangement, the loser would presumably pay considerably less. There must be some price, some discount, for being a loser, and someone would be willing to accept it.&quot;          </p>
<p>Look at that statement carefully. If the loser is paying less, it assumes the winner is paying more. The last statement should send a chill down the spine of any broadcaster. It implies a mechanism where the cost of keeping a station on the air with high quality HD would be set high enough that someone (some station) would be willing to accept low quality just to stay on the air. How do you get 120 MHz back from broadcasters? Keep increasing the cost of that spectrum until enough stations give up their channels.           </p>
<p>Another comment from Evan Kwerel tends to support my hypothesis. Talking about the compression panel&#8217;s statement that you cannot combine two HD programs on one channel without sacrificing quality, multicast and mobile DTV, Krewel said, &quot;All of your discussion seems to be thinking about networks and what the networks are doing. Networks aren&#8217;t going anywhere. What we&#8217;re thinking about is the fourth-tier station.&quot; </span></div>
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<div class="Article-Column-1"><span>It seems odd to me that a policymaker in the current FCC, which has promoted openness and inclusion, would imply that it&#8217;s fine for stations that provide unique special interest programming to low income communities but don&#8217;t generate a lot of revenue be forced to pay up or lose their spectrum in order to provide more spectrum to wireless carriers like AT&amp;T and Verizon or their competitors. They will use it when it is in their economic interest to do so, to allow consumers to pay per gigabyte fee to download the same program over a wireless Internet connection that used to be free over-the-air. Who wins? Not the station—they lose viewers that don&#8217;t have broadband or a computer. Not the consumer—they have to subscribe to another service to get programming they used to get free. Who wins? The wireless carriers, that get paid by the consumer for data services and, before too long, the amount of bandwidth used. Cable companies win, if the channel has enough viewers for them to put it on their system and collect subscription fees for it. The Federal Government wins from the auction revenues.          </p>
<p>What is a &quot;fourth-tier station&quot;? Is it a religious station? Is it the channel that broadcasts Japanese Korean, or Indian programming? Is it the only Class A TV station providing local news to a community ignored by the big stations in the big city next door? Is it the second or third rated station offering Spanish language programming? Is it the PBS station that depends on viewers to cover operating expenses? Is it a station you watch?           </p>
<p>If anyone reading this happens to be associated with or cares for one of those lower tier stations, it might be worth asking the station owners how much they will be willing to pay to stay on the air.           </p>
<p>In some ways, I have to agree with Evan Kwerel, with one addition. Money is part of the equation. I would add grass-roots support and political power. If stations don&#8217;t have the money and they and their supporters can&#8217;t convince their representatives in Congress they have a right to this valuable spectrum, do they deserve to keep it?           </p>
<p>In short, &quot;voluntary&quot; is likely to mean stations agree to voluntarily forgo rewards (how much remains to be seen) from giving up spectrum and voluntarily accept the new and higher cost of holding onto that spectrum. With the right combination of numbers and the acceptance by the large wireless companies to pay the price for the spectrum, the FCC should be able to &quot;voluntarily&quot; reclaim however much spectrum those wireless carriers want from broadcasters. Cellularization, repacking, and channel sharing are ultimately irrelevant if the big wireless carriers are willing to pay enough for the spectrum.           <br /></span></div>
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		<title>In Spectrum, Wishing Won&#8217;t Make It So</title>
		<link>http://rubinrodriguezjr.com/?p=606</link>
		<comments>http://rubinrodriguezjr.com/?p=606#comments</comments>
		<pubDate>Mon, 12 Jul 2010 20:12:32 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[FCC Issues]]></category>
		<category><![CDATA[FCC]]></category>

		<guid isPermaLink="false">http://rubinrodriguezjr.com/?p=606</guid>
		<description><![CDATA[By Harry A. Jessell TVNewsCheck Following President Obama&#8217;s announcement last week that the White House would take up the cause of finding 500 MHz of additional spectrum from wireless broadband services, Larry Summers, director of the President&#8217;s National Economic Council, gave a speech in which he talked about how some of that spectrum could be [...]]]></description>
			<content:encoded><![CDATA[<p>By Harry A. Jessell</p>
<p>TVNewsCheck</p>
<p>Following President Obama&#8217;s announcement last week that the White House would take up the cause of finding 500 MHz of additional spectrum from wireless broadband services, Larry Summers, director of the President&#8217;s National Economic Council, gave a speech in which he talked about how some of that spectrum could be gotten from broadcasting.</p>
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<p>&quot;New technologies can now support more than one high-quality signal in a space that previously could only fit one, enabling multiple stations to share a band of spectrum and free up an equal amount for other purposes,&quot; he said before the pro-broadband New America Foundation.</p>
<p><em>New technology can now support more than one high-quality signal in a space that previously could only fit one.</em></p>
<p>Really?</p>
<p>Not according to the Broadcasting Engineering Forum, an assemblage of mostly top broadcast engineers that the FCC convened on June 25 to address various technical issues surrounding the FCC&#8217;s (and now the president&#8217;s) plan to take back about a third of broadcast spectrum and auction it off for wireless broadband.</p>
<p>According to the forum&#8217;s panel on video compression and channel sharing, you really can&#8217;t put two &quot;high-quality&quot; signals on one broadcast channel, if by &quot;high-quality&quot; you mean high-definition and I don&#8217;t know how else you would define it in the second decade of the 21<sup>st</sup> century.</p>
<p>Speaking for that panel, Andy Setos of Fox said that channel sharing is&quot;not viable&quot; because one or both of the signals would be &quot;significantly degraded.&quot;</p>
<p>&quot;Ultimately, when you are required to do this, you are forced to create a winner and loser in HD streams,&quot; he said.</p>
<p>Part of the problem is that the MPEG-2 compression scheme used by broadcasters is now almost 20 years old and unlikely to yield much more help in squeezing fat pictures through small spaces, he said. And moving to MPEG-4 compression is impractical since it would involve replacing the tens of millions of new digital TV sets that have been sold over the past decade, not to mention the 50 million digital-to-analog converters that were bought and painfully installed during the final DTV transition.</p>
<p>Of course, he said, you could put an HD and a degraded HD or an HD and an SD signal on one broadcast channels, but the owner of the inferior signal would not have much of a chance in a TV world that will soon be all HD. It would be like trying to make your way as a B&amp;W TV service after color had taken over.</p>
<p>To sum up, the panel of experts represented by Setos severely undermined one of the cornerstones of the FCC&#8217;s plan to take back broadcast spectrum.</p>
<p>And so did the forum&#8217;s other three panels — on band repacking, cellularization of the broadcasting system and VHF propagation.</p>
<p>Speaking for the repacking panel, Bruce Franca of the Association for Maximum Service Television (MSTV) said recovering 120 MHz of broadcast spectrum as the FCC intends could not be done without a massive amount of channel sharing, something most broadcasters are loath to even consider. More than 700 TV stations in 85 heavily populated markets would have to share channels. In 21 of the markets, including New York and Chicago, every station would have to share. In 12, some stations would have to triple up.</p>
<p>Speaking for the VHF panel, Victor Tawil of MSTV and Kerry Cozad of Dielectric Communications said the FCC should forget about the idea of packing more TV stations into the VHF band, particularly the low end, chs. 2-6. Why? Because reception is lousy. To make low V effective, you would have to kick up the output power 100 times and it would it still wouldn&#8217;t be enough to overcome all the noise in the band and the limitation of antennas.</p>
<p>Speaking for the cellularization panel, Bob Seidel of CBS said distributed transmission systems, either of the single frequency or multiple frequency varieties, are not keys to recovering spectrum. They are expensive to implement and, for all the time and money, would produce little improvement in spectrum efficiency. To even consider such a system, he said, the country would have to adopt a new broadcast transmission scheme — COFDM — and that&#8217;s not going to happen for the same reason it&#8217;s not going to go to MPEG-4.</p>
<p>During this whole spectrum hoo-ha, FCC Chairman Julius Genachowski has run an open process, giving broadcasters ample opportunity to express their concerns with the broadband plan, even before it was put on paper.</p>
<p>In his speech at the NAB in April, he promised to hold an &quot;engineers forum &#8230; to address concrete technical issues raised by the plan.&quot;</p>
<p>He delivered on that promise on June 25.</p>
<p>Now all he has to do is listen.</p>
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		<title>Measuring the Mobile DTV Market</title>
		<link>http://rubinrodriguezjr.com/?p=607</link>
		<comments>http://rubinrodriguezjr.com/?p=607#comments</comments>
		<pubDate>Mon, 12 Jul 2010 20:16:56 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Mobile TV]]></category>
		<category><![CDATA[Mobile DTV]]></category>

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		<description><![CDATA[Harris Interactive, Rentrak monitor D.C. trial By Glen Dickson &#8212; Broadcasting &#38; Cable, 7/12/2010 &#160; The Open Mobile Video Coalition, the consortium of some 900 TV stations that has been driving mobile DTV development since 2007, is employing both qualitative and quantitative techniques to gauge consumer feedback in its &#34;Consumer Showcase&#34; in Washington, D.C., which [...]]]></description>
			<content:encoded><![CDATA[<h4>Harris Interactive, Rentrak monitor D.C. trial</h4>
<h5>By Glen Dickson &#8212; Broadcasting &amp; Cable, 7/12/2010</h5>
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<div id="article" class="infuse">The Open Mobile Video Coalition, the consortium of some 900 TV stations that has been driving mobile DTV development since 2007, is employing both qualitative and quantitative techniques to gauge consumer feedback in its &quot;Consumer Showcase&quot; in Washington, D.C., which launched in May. The data will be crucial to defining broadcasters&#8217; business models for mobile DTV going forward.         </div>
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<div id="article" class="infuse">The trial involves nine DC-area TV stations broadcasting 23 mobile DTV channels throughout the Washington-Baltimore viewing area, with Gannett&#8217;s WUSA serving as a network operations center. Some 160 Sprint wireless subscribers are receiving the mobile DTV signals on specially equipped Samsung Moment cellphones, and as of late June, another 200 consumers are now getting them on prototype Dell netbooks with mobile DTV chips. The content ranges from local Fox and NBC broadcast programming to digital subchannels like ThisTV to cable networks such as CNBC and MSNBC, which are being delivered using conditional access (called &quot;service protection&quot; under the mobile DTV standard).         </p>
<p>The trial participants are being measured qualitatively by Harris Interactive, which is using a Facebook-style social media tool called an online community. Participants are required to answer three or four questions a week which are posted by a moderator, and also have the option of making voluntary comments on the service, explains Harris Interactive VP Aaron Heffron.          </p>
<p>&quot;It&#8217;s a great tool in that we get directed feedback but also user-generated feedback,&quot; says Heffron. &quot;Users are posting their own experiences, such as â€˜I&#8217;m sitting and watching <em>Judge Judy</em> for 15 minutes while I&#8217;m waiting for the train.&#8217; It&#8217;s kind of like a 200-person focus group.&quot;          </p>
<p>&quot;Consumers really talk about what they&#8217;re doing, and we get a real sense of how they&#8217;re using it,&quot; adds OMVC Executive Director Anne Schelle, who is overseeing the Showcase.          </p>
<p>While the trial is still in its early stages, Harris Interactive has already assembled some 4,000 comments to date and shared some initial findings. They include: nearly two-thirds of viewing (63%) is being done &quot;on the go,&quot; compared with 44% occurring at work or school; just one-third (33%) of viewers say they watch mobile DTV at home. Also, just under half of viewers say they watch one or two times a day, while under 30% of viewers say they watch three or more times a day.           </p>
<p>So far, participants are reporting a lot of viewership during the day, at lunchtime and midafternoon. Many also say they&#8217;ve been watching Univision&#8217;s coverage of the 2010 FIFA World Cup. As the trial goes on this summer, Harris Interactive will ask participants more detailed questions about what particular shows they&#8217;re watching and what content they would like to see on the service, as well as whether they would be interested in a pay-TV service.          </p>
<p>One anecdotal finding that stands out, says Heffron, is that participants were surprised by the picture quality of mobile DTV on small handsets.          </p>
<p>&quot;When people first turned it on, they said, â€˜Hey, look how sharp this picture is.&#8217; You don&#8217;t get the pixelization or loading time you have with normal streamed video.&quot;          </p>
<p>Heffron says the reception characteristics of mobile DTV also impressed participants.          </p>
<p>&quot;The mobility of it surprised people as well,&quot; says Heffron. &quot;They were expecting more difficulty in reception going from place to place.&quot;          </p>
<p>Later this month, Harris Interactive will start to combine its qualitative findings with quantitative measurements from Rentrak, which already measures mobile consumption, including streaming video and text messaging, for big programmers like NBCU. Rentrak has installed a software agent on the smartphones and netbooks used in the trial, which captures viewing data (consumers have to opt in) and then transmits it over an IP backchannel to its servers. Rentrak has integrated its software with Expway&#8217;s electronic service guide (ESG) technology for the Samsung Moment phones and with Roundbox for the Dell netbooks.          </p>
<p>&quot;We dump the data into our Mobile Essentials tracking systems, and it gets cleaned, homogenized, sorted, sliced and diced numerous ways,&quot; says Rentrak Corporate President Ken Papagan. &quot;Not only what people are watching, but time of day, length of view and what channels and genres. Then we take that data and match it up against the TV listing schedules of the 23 channels. From Harris Interactive, we&#8217;re also able to match it up against the demographics of users.&quot;          </p>
<p>He adds that Rentrak will also be able to measure commercial viewing, including a recent &quot;Project Roadblock&quot; public-service campaign against drunk driving run by the Ad Council and Television Bureau of Advertising (TVB) that featured both spots and banner ads on the ESG. Rentrak will also measure the effectiveness of interactive ads that OMVC plans to test in the coming months.          </p>
<p>Papagan isn&#8217;t ready to release detailed viewing figures on the Washington trial, but says the early data suggests users are pleased with the service and that consumers appear to be adding mobile DTV viewing to their existing consumption patterns.          </p>
<p>&quot;What we are finding is that it certainly seems that the time of day and the situation where people are viewing is additive,&quot; says Papagan. &quot;They&#8217;re using it at times they couldn&#8217;t get to a TV screen. That&#8217;s logical. At Rentrak we see this a lot as we go from screen to screen. These new media are generally always additive as opposed to cannibalistic.&quot;          </p>
<p>OMVC plans to share some of that viewing data in a report later this month, says Schelle. Further reports on program genres and viewer demographics will follow.          </p>
<p>The focus of OMVC&#8217;s business advisory committee, initially tasked with exploring preliminary business models for mobile DTV, has shifted strongly to the research side with the launch of the D.C. showcase, says Schelle. For example, OMVC will team with TVB to produce a case study on the effectiveness of the &quot;Project Roadblock&quot; campaign.          </p>
<p>&quot;What&#8217;s important there is looking at what&#8217;s the model, and what are the extensions of CPMs to mobile TV,&quot; she says. &quot;What are the types of users, is it busy moms, or is it road warriors? What are the categories?&quot;          </p>
<p>Some broadcasters have complained that the OMVC&#8217;s business committee stopped communicating this spring as various OMVC members collaborated privately on forming a joint venture to launch a national mobile DTV program service, a coalition formally announced at NAB. Schelle says that such criticism is unfounded and that OMVC has been &quot;very open&quot; about what it&#8217;s doing with the D.C. showcase.          </p>
<p>&quot;People are never going to be happy about everything,&quot; she says. &quot;But we did a lot of good work planning for D.C.&quot; </p></div>
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		<title>Telegent Mobile TV Receiver Wins International Stevie Award</title>
		<link>http://rubinrodriguezjr.com/?p=608</link>
		<comments>http://rubinrodriguezjr.com/?p=608#comments</comments>
		<pubDate>Tue, 13 Jul 2010 02:50:49 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Mobile TV]]></category>

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		<description><![CDATA[TLG1121 selected as Best Telecoms Product at this year&#8217;s International Business Awards SUNNYVALE, Calif., July 12 /PRNewswire/ &#8212; Telegent Systems, the company that makes television mobile, today announced that its analog mobile TV receiver, the TLG1121, has won the International Stevie® Award for Best New Product or Service of the Year in Telecommunications, at the [...]]]></description>
			<content:encoded><![CDATA[<p>TLG1121 selected as Best Telecoms Product at this year&#8217;s International Business Awards</p>
<p>SUNNYVALE, Calif., July 12 /PRNewswire/ &#8212; Telegent Systems, the company that makes television mobile, today announced that its analog mobile TV receiver, the TLG1121, has won the International Stevie® Award for Best New Product or Service of the Year in Telecommunications, at the seventh annual International Business Awards(SM).&#160; </p>
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<p>The TLG1121 is the world&#8217;s first single-chip analog mobile TV receiver based on 65nm CMOS process technology, delivering worldwide support for free-to-air analog TV and FM broadcast reception on mobile devices, enabling consumers to enjoy live television programming while on the go.&#160; The TLG1121 reduces package size by 25 percent when compared to the previous generation product while consuming 25 percent less power from the battery.&#160; The smaller package size provides manufacturers with greater flexibility in PCB layout, enabling smaller, sleeker handset designs.&#160; Reduction in power consumption translates to longer continuous viewing time for consumers of their favorite live broadcast programs.</p>
<p>&quot;Telegent is committed to continually enhancing our mobile TV solutions to increase ease of design for manufacturers and to deliver the best user experience to consumers,&quot; said Ford Tamer, chief executive offer of Telegent Systems. &quot;Telegent has now shipped more than 80 million chips globally, expanding access to broadcast television, including regions of developing markets where conventional television sets may be a luxury shared across households.&#160; The International Business Award recognizes Telegent&#8217;s achievement in providing free-to-air mobile TV to the masses, and we are honored to be named the best product or service in Telecommunications for 2010.&quot;</p>
<p>The International Business Awards are the only global, all-encompassing business awards program honoring great performances in business. Recipients of International Stevie Award trophies were selected from more than 1,700 entries received from organizations and individuals in more than 40 countries. Honorees were selected through two rounds of judging by business professionals worldwide. </p>
<p>Nicknamed the Stevie®<sup> </sup>for the Greek word &quot;crowned,&quot; the awards will be presented to winners at a gala dinner on Monday, 27 September in the Ritz-Carlton Hotel in Istanbul, Turkey.</p>
<p>Complete lists of honorees and other details are available at <a href="http://www.stevieawards.com/iba">www.stevieawards.com/iba</a>.</p>
<p><b>About Telegent Systems, Inc.</b></p>
<p>Telegent Systems is a fabless semiconductor company that enables the reception of live, free-to-air analog and digital broadcast television in mobile handsets and other portable consumer devices. Telegent&#8217;s television-on-a-chip solutions solve the long-standing technical challenges that have precluded mobile reception of analog broadcast TV, enabling manufacturers and operators to benefit from the convergence of broadcast TV with mobile and portable devices. Telegent&#8217;s products are the most widely sold broadcast television solutions for mobile handsets in the world. For more information, visit <a href="http://www.telegent.com/">www.telegent.com</a>.</p>
<p><b>About The Stevie Awards</b></p>
<p>Stevie Awards are conferred in four programs: The American Business Awards, The International Business Awards, the Stevie Awards for Women in Business, and the Stevie Awards for Sales &amp; Customer Service.&#160; Honoring companies of all types and sizes and the people behind them, the Stevies recognize outstanding performances in the workplace worldwide.&#160; Learn more about The Stevie Awards at <a href="http://www.stevieawards.com/">www.stevieawards.com</a>.</p>
<p><b>Download Image at </b><a href="http://www.telegent.com/images/TLG1121_chip.jpg">http://www.telegent.com/images/TLG1121_chip.jpg</a></p>
<p>SOURCE Telegent Systems, Inc.</p>
<p><a href="http://www.prnewswire.com/#linktopagetop">Back to top</a></p>
<p>RELATED LINKS   <br /><a href="http://www.stevieawards.com">http://www.stevieawards.com</a>    <br /><a href="http://www.telegent.com">http://www.telegent.com</a></p>
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		<title>Indecency Ruling Changes the Game</title>
		<link>http://rubinrodriguezjr.com/?p=614</link>
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		<pubDate>Wed, 14 Jul 2010 13:26:09 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[FCC Issues]]></category>
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		<description><![CDATA[July 13, 2010&#160;&#160; By Scott R. Flick In light of today&#8217;s decision by the US Court of Appeals for the Second Circuit invalidating the FCC&#8217;s indecency policy, it would be hard to justify writing about anything else. From my first days as a young lawyer screening programs before they were aired (I still remember assessing [...]]]></description>
			<content:encoded><![CDATA[<p>July 13, 2010&#160;&#160; By <a href="http://www.pillsburylaw.com/index.cfm?pageid=15&amp;itemid=21369">Scott R. Flick</a></p>
<p>In light of today&#8217;s <a href="http://www.ca2.uscourts.gov/decisions/isysquery/2d3dbf3b-8500-4b44-8bee-6c6be1ae791f/1/doc/06-1760-ag_opn2.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2d3dbf3b-8500-4b44-8bee-6c6be1ae791f/1/hilite/">decision</a> by the US Court of Appeals for the Second Circuit invalidating the FCC&#8217;s indecency policy, it would be hard to justify writing about anything else. From my first days as a young lawyer screening programs before they were aired (I still remember assessing the legalities of airing a live satellite feed of &quot;Carnaval&quot; from Rio) to defending stations accused of airing indecent programming in FCC enforcement actions, the FCC&#8217;s indecency policy has been an ever-present, ever-broadening part of the practice. While the definition of indecency has remained largely constant (&quot;language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities&quot;), its interpretation has always been a moving target.</p>
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<p>When the Supreme Court originally found that requiring indecent content to be channeled into late-night hours was constitutional, it did so based upon a narrow view of what qualified as indecent content (basically George Carlin&#8217;s &quot;Seven Dirty Words&quot; routine) and the assurance of the FCC that restrained enforcement would protect First Amendment concerns. Over the next twenty years or so, broadcasters programmed accordingly, and with a few exceptions, broadcasters and the FCC learned to coexist on the issue of indecency.</p>
<p>However, the rise of cable television placed immense pressure on both television and radio broadcasters to more precisely map the boundary between &quot;decent&quot; and &quot;indecent&quot; content. While most broadcasters remained determined to stay on the &quot;decent&quot; side of that line, they could no longer afford to remain at such a safe distance from that line as to be deemed &quot;fogey programming&quot; by a generation of consumers that did not distinguish between broadcast programming and cable programming. To these viewers, all channels are equal, and whether programming arrives by cable, satellite, or antenna is beside the point. To reach this audience, many programmers struggled mightily to make their programming more edgy and relevant to young adults. This programming stayed clear of Carlin&#8217;s seven dirty words, and focused more on situation and entendre to engage its audience. </p>
<p>In response, the FCC stepped onto a slippery slope, seeking to broaden its interpretation of indecency by expanding its view of what constitutes &quot;patently offensive&quot; material. The FCC was not prepared for the mission it undertook. What at first appeared to be a slippery slope of line drawing quickly became a well-greased plunge into the abyss of eternal peril. Those filing complaints at the FCC often urged the agency, as a practical matter, to forget that indecency must be <em>patently</em> offensive and instead sought action against content that was merely offensive to the complainant. The result has been a gut-wrenching high speed slalom down the slippery slope, resulting in the FCC&#8217;s headfirst encounter today with the large oak doors of the Second Circuit&#8217;s courtroom.</p>
<p>Although the court based today&#8217;s ruling on a finding that the FCC&#8217;s interpretation of indecency is impermissibly vague, and therefore chilling of protected speech, the problem actually goes far deeper than that. Some of the greatest damage to free speech has resulted from complaints where just about everyone, including the FCC, would agree that indecency is not present. While baseless complaints were once met with a prompt and pleasant FCC letter notifying the complainant that the subject of their complaint was categorically not indecent, the FCC in later years treated every complaint even mentioning the word &quot;indecency&quot; as a reason to put a hold on that station&#8217;s license renewal or sale application for literally years until the FCC could investigate the complaint. In the meantime, these stations struggled, as a delayed license renewal made obtaining financing difficult, and a delayed sale often meant that the contract to sell the station expired before the FCC could resolve the indecency complaint and approve the sale. Under these circumstances, it is pretty easy to see how a station would be hesitant to say anything offensive to anyone, even without the potential for a $325,000 indecency fine.</p>
<p>Among the &quot;indecency&quot; complaints I have encountered that were holding up a station&#8217;s applications at the FCC was a complaint from a politician who didn&#8217;t like what a station said about him (apparently using the word &quot;indecent&quot; in his complaint got it put into the indecency pile), and a complaint that a Spanish word yelled at soccer matches when a goal is scored sounds too much like a bad word in English. When such complaints are allowed to languish or become the basis of a pointless inquiry, they interfere with the operations of a station, serve to chill future speech, and create a &quot;bunker mentality&quot; among broadcasters that anything they say will be held against them. </p>
<p>So where does this leave us? Well, as a pragmatic matter, the court&#8217;s ruling will not become effective until it issues its mandate, and the FCC may ask that the court delay taking that action while the FCC seeks a rehearing en banc or review by the Supreme Court. If the court&#8217;s ruling does become effective, it will apply only within the jurisdiction of the Second Circuit (which includes Connecticut, New York and Vermont). Both legally and politically, the FCC will feel compelled to pursue an appeal, and the result of that effort will determine the future of its indecency enforcement efforts across the US.</p>
<p>That places the FCC in a very high stakes game of poker. Does it place an ever larger bet on trying to defend its existing policy? If it does, it runs the risk that the Supreme Court will rule that the very notion of indecency enforcement is unconstitutional in light of a changing media landscape and the FCC&#8217;s seeming inability to apply a narrow and restrained enforcement policy. Or, does it fold this hand and return to the table later with a &quot;back to basics&quot; indecency policy similar to what was once found constitutional by the Supreme Court? One thing&#8217;s for certain&#8211;for the first time in a long time, broadcasters are holding all the right cards in this game. </p>
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		<title>Let Them Eat Fees: Broadcasters and the Spectrum Measurement and Policy Reform Act</title>
		<link>http://rubinrodriguezjr.com/?p=635</link>
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		<pubDate>Thu, 22 Jul 2010 15:38:30 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[FCC Issues]]></category>
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		<description><![CDATA[By Scott R. Flick of CommLawCenter&#160;&#160;&#160; Posted: 20 Jul 2010&#160; At a recent presentation on legislative matters affecting the communications industry, I noted that broadcasters, while lately feeling much under siege, should not underestimate their part in the digital future. It is true that the government wants broadcasters&#8217; spectrum (the National Broadband Plan), cable operators [...]]]></description>
			<content:encoded><![CDATA[<p>By <a href="http://www.pillsburylaw.com/index.cfm?pageid=15&amp;itemid=21369">Scott R. Flick</a> of CommLawCenter&#160;&#160;&#160; Posted: 20 Jul 2010&#160; </p>
<p>At a recent presentation on legislative matters affecting the communications industry, I noted that broadcasters, while lately feeling much under siege, should not underestimate their part in the digital future. It is true that the government wants broadcasters&#8217; spectrum (the <a href="http://www.commlawcenter.com/2010/03/the-national-broadband-plan-understanding-the-proposed-reallocation-of-broadcast-spectrum-and-what-i.html">National Broadband Plan</a>), cable operators want broadcasters&#8217; programming, ideally for free (the <a href="http://www.commlawcenter.com/2010/04/last-week-fcc-chairman-julius.html">retransmission battles in Congress and at the FCC</a>), politicians want broadcasters&#8217; airtime (the <a href="http://www.commlawcenter.com/2010/04/the-disclose-act-nothing-good-for-broadcast-cable-and-satellite-operators.html">DISCLOSE Act</a>), musicians want broadcasters&#8217; money (the <a href="http://www.commlawcenter.com/2007/12/congress-considers-new-bill-seeking-performance-royalties-for-performing-artists-and-record-labels.html">Performance Tax</a>), and the Internet would love to have broadcasters&#8217; audiences. However, the conclusion to be drawn from those facts is that broadcasters have what everyone else wants, and need to themselves capitalize on those important assets.</p>
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<p>Let there be no doubt that broadcasters are in for some challenging times fending off those who covet their riches, but that is a far better position than having no riches to covet in the first place. As the possibilities for television and radio multicasting become better developed through experimentation and innovation, mobile video gains the prominence in the U.S. that it is experiencing overseas, and broadcasters continue to refine how best to leverage their content on multiple platforms, broadcasters have as good an opportunity as anyone to make their mark in a digital future, while others fall by the wayside as &quot;one-idea wonders.&quot;</p>
<p>Unfortunately, government has begun to place its thumb on the scale, discouraging broadcasting while encouraging other wireless uses. The latest example is this week&#8217;s introduction of the <a href="http://www.gpo.gov/fdsys/pkg/BILLS-111s3610IS/pdf/BILLS-111s3610IS.pdf">Spectrum Measurement and Policy Reform Act</a> (S. 3610) by Senate Communications Subcommittee Chairman John Kerry (D-Mass.) and Senator Olympia Snowe (R-Maine). The legislation would encourage broadcasters to abandon spectrum for a share of the government&#8217;s auction proceeds for that spectrum, and authorize the government to impose spectrum fees on broadcasters. In other words, the FCC can use spectrum fees to &quot;encourage&quot; broadcasters to relinquish their spectrum. </p>
<p>This government push is propelled by one of the oldest myths regarding broadcasting, and one of the newest myths. The first myth is that broadcasters are the only licensees who have not paid for their spectrum, and therefore merit less leeway in how they use it, or whether they get to use it at all. Of the thousands of broadcasters I have worked with over the years, however, only a handful actually received their spectrum for free. The vast majority bought their stations (and FCC licenses) from another party, paying full market price, and therefore being really no different than the wireless telephone licensee that also bought its FCC authorization from a prior licensee. Whether some earlier, long-gone broadcast licensee that built the station enjoyed some financial windfall doesn&#8217;t bring any benefit to the current licensee. The current licensee inherited the dense regulatory restrictions of broadcasting, but not the &quot;free spectrum.&quot; </p>
<p>In addition, new broadcast licensees have generally purchased their spectrum at FCC auction since Congress changed the law in 1997, just like wireless licensees. Despite that, no one has suggested that even these more recent licensees should be released from FCC broadcast regulations because they paid the government for their spectrum.</p>
<p>The second and newer myth, propogated by advocates of the National Broadband Plan, is that broadcasting is a less valuable use of spectrum than wireless broadband since spectrum sold for wireless uses goes for more money at auction than broadcast spectrum. That is, however, a distorted view of value. Everyone, including the FCC and the wireless industry, has denoted broadcast spectrum as &quot;beachfront property&quot; from a desirability standpoint, meaning that it is not the spectrum, but the regulatory limits placed on it, that is creating the difference in cash value at auction. An alternate way of viewing it is that the public receives that difference in auction value every day from broadcasters in the form of free programming and news, rather than in the form of a one-time cash payment to the government. That the public receives more value for their spectrum from continuing broadcast service than from a one-time auction payment (that is swallowed by the national deficit in a matter of seconds) becomes more obvious when you realize that the public will then spend the rest of their lives leasing &quot;their&quot; spectrum back from the auction winner in the form of bills for cellular and broadband service.</p>
<p>An apt analogy is national parks. Would selling them outright for industrial use bring in more cash than keeping them and allowing them to be enjoyed by the public? Certainly. Is selling them for industrial use therefore the most valued use of parkland? Hardly. </p>
<p>Broadcasters have been good tenants of the government&#8217;s spectrum, paying the public every day for the right to remain there. If they stop those public service payments, they lose their license, making way for a new tenant. This new legislation aims to entice these paying tenants from their spectrum so that the spectrum can be sold outright to the bidder who perceives the greatest opportunity to extract a greater sum than the auction payment from the public. That may be poor public policy, but it is at least voluntary for the broadcaster, though not for the public. Threatening to tax broadcasters with spectrum fees until they surrender their spectrum is not marketplace forces at work, but the government forcing the marketplace to a desired result. Proponents of wireless broadband must have little confidence in their value proposition if they feel they can come out ahead only if they first devalue broadcast facilities by imposing yet more legal and financial burdens on broadcasters. </p>
<p>You can subscribe to email updates from <a href="http://www.commlawcenter.com/">CommLawCenter</a></p>
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		<title>Qualcomm debating future for FLO TV</title>
		<link>http://rubinrodriguezjr.com/?p=636</link>
		<comments>http://rubinrodriguezjr.com/?p=636#comments</comments>
		<pubDate>Mon, 26 Jul 2010 18:11:26 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Mobile TV]]></category>

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		<description><![CDATA[Not enough subscribers for live mobile television? Well, Qualcomm CEO Paul Jacobs says the company is debating the future of its FLO TV division because of it. Qualcomm is looking to sell or find a partner for its FLO TV mobile television business in the U.S., which launched about three years ago but has struggled [...]]]></description>
			<content:encoded><![CDATA[<p>Not enough subscribers for live mobile television? Well, Qualcomm CEO Paul Jacobs says the company is debating the future of its FLO TV division because of it. Qualcomm is looking to sell or find a partner for its FLO TV mobile television business in the U.S., which launched about three years ago but has struggled to build critical mass.</p>
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<p>In his earnings call, Jacobs said Qualcomm is in discussions with several companies over the future direction of the service. Talks are in early stages. They center on understanding “things that different companies might be interested in relative to that business and relative to the spectrum that we own.”</p>
<p>Qualcomm said three options are on the table: selling the business, selling the spectrum or finding a partner.</p>
<p>Qualcomm spent $683 million acquiring the wireless spectrum to run FLO TV, according to The San Diego Union-Tribune. A couple of years ago, it predicted that it would invest $800 million in all — including spectrum, network build-out and marketing costs — to get the network up and running.</p>
<p>The service offers about 20 channels of live mobile TV, including ESPN , ABC, Comedy Central and CNN. Coverage is not nationwide, but FLO TV is available in most major cities and several smaller ones, covering 68 million potential subscribers.</p>
<p>FLO TV powers the Verizon and AT&amp;T mobile TV offerings for cell phones that contain a Qualcomm chip that enables the service. Qualcomm sells its own personal TV device for about $150 on Amazon.com. Subscriptions range from $10 to $15 a month.</p>
<p>Despite a marketing effort, including advertising as part of last year’s Super Bowl, FLO TV doesn’t have a large subscriber base, according to analysts. Qualcomm won’t release subscriber numbers.</p>
<p>Recently, the company has talked about other uses for the FLO TV network besides television. Qualcomm has said the network could potentially be used by publishers delivering electronic magazines and newspapers to mobile subscribers, for example. Qualcomm also is sponsoring a contest among software developers to come up with additional non-TV applications that would work on FLO TV network, said the Union-Tribune.</p>
<p>Qualcomm acquired the spectrum when broadcast television switched from analog to digital. The company thinks the spectrum has significant value as a way to ease data traffic that’s clogging existing 3G networks.</p>
<p><strong>RBR-TVBR observation</strong>: There could be a flaw in the subscription mobile TV business model. First of all, most consumers are already paying for TV in the home, post-DTV transition. The ones that aren’t are not likely to pay for it on a mobile device; the ones that are, are likely not willing to pay more monthly than they already are. As well, much of this content, whether it be delivered live or not, is already available by going directly to the broadcaster’s/content providers’ website or app. Likely AT&amp;T or Verizon will absorb the service and call it their own – and try to get as much ROI as possible through advertising insertions. But they&#8217;ll have to compete with the free-to-consumer ad-supported mobile DTV now being rolled out by broadcasters.</p>
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		<title>Battle for KTEK in multiple courts</title>
		<link>http://rubinrodriguezjr.com/?p=637</link>
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		<pubDate>Mon, 26 Jul 2010 18:16:23 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Station Acquisition]]></category>

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		<description><![CDATA[The US Securities and Exchange Commission isn’t the only one fighting in court over the fate of KTEK-AM Houston. In addition to the SEC’s federal lawsuit, there’s an ongoing Texas state court lawsuit filed by a would-be buyer of the station. Asia Vision Inc. and its CEO, Rehan Siddiqi, claim they have a contractual option [...]]]></description>
			<content:encoded><![CDATA[<p>The US Securities and Exchange Commission isn’t the only one fighting in court over the fate of KTEK-AM Houston. In addition to the <a href="http://www.rbr.com/radio/26105.html">SEC’s federal lawsuit</a>, there’s an ongoing Texas state court lawsuit filed by a would-be buyer of the station.</p>
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<p>Asia Vision Inc. and its CEO, Rehan Siddiqi, claim they have a contractual option to buy the station for $3.5 million and tried to exercise that option. The lawsuit states that Asia Vision agreed to LMA the station under a five-year contract that began January 1, 2010. The company even paid $180,000 upfront for the first six months.</p>
<p>Asia Vision states that it was unaware of the SEC’s fraud litigation against Albert Fase Kaleta and Kaleta Capital Management (KCM) and its request to have KTEK placed in receivership by the federal court. After broadcasting on KTEK for a month and a day, Asia Vision was knocked off the air on February 2nd and the station was subsequently LMA’d to Salem Communications, a former owner which is now preparing to buy it back.</p>
<p>Not surprisingly, Asia Vision is suing everyone involved, including Kaleta, KCM, Business Radio Network LP, former Business Radio owner Daniel Frishberg and Salem Communications. Asia Vision claims to have lost over $100,000 per month in advertising by having its LMA canceled. It has accused Salem of tortious interference and the other defendants with fraud and breach of contract. The lawsuit seeks at least $18 million in damages.</p>
<p><strong>RBR-TVBR observation:</strong> What is clear is that the defendants no longer have possession of KTEK, since the FCC has transferred the license to the federal court receiver. Asia Vision may have to stand in line with several other victims in this convoluted case.</p>
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		<title>Mobile-TV Push Gets Fuzzy Reception</title>
		<link>http://rubinrodriguezjr.com/?p=638</link>
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		<pubDate>Wed, 28 Jul 2010 17:48:43 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Mobile TV]]></category>

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		<description><![CDATA[The Wall Street Journal Don Clark at don.clark@wsj.com Chip maker Qualcomm Inc. last week signaled it may give up a costly six-year quest to bring broadcast TV to mobile phones and other devices in the U.S. Not too many people are surprised, however, given the reception for mobile-TV services in the country so far. But [...]]]></description>
			<content:encoded><![CDATA[<p>The Wall Street Journal</p>
<p>Don Clark at <a href="mailto:don.clark@wsj.com">don.clark@wsj.com</a></p>
<p>Chip maker <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=QCOM">Qualcomm</a> Inc. last week signaled it may give up a costly six-year quest to bring broadcast TV to mobile phones and other devices in the U.S. Not too many people are surprised, however, given the reception for mobile-TV services in the country so far.</p>
<p>But other entrepreneurs remain undaunted, arguing that technology decisions and other factors slowed adoption of a medium that has gained traction in other countries. A group of U.S. local broadcasters, in fact, is just beginning to gear up an effort to deliver a broadcast service called Mobile DTV to U.S. markets, using transmission capacity freed up by a transition from analog to digital technology.</p>
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<p>Meanwhile, a start-up called MobiTV Inc., which helps carriers offer mobile-TV services, says viewership of the World Cup helped turn June into the best month in its 10-year history. The Emeryville, Calif., company claims more than 10 million users, up from seven million this time a year ago. </p>
<p>Yet that&#8217;s not a very large number when weighed against the U.S. cellular industry&#8217;s estimate of more than 285 million wireless subscriber accounts. Qualcomm hasn&#8217;t released usage figures for the wireless network it calls FLO TV, which powers mobile-TV services marketed by <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=T">AT&amp;T</a> Inc. and Verizon Wireless, a joint venture of <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=vz">Verizon Communications</a> Inc. and Vodafone Group PLC, yet it has conceded that growth has been disappointing.</p>
<p>&quot;You know, there are people who love it, but the numbers are not nearly what we expected,&quot; said <a href="http://topics.wsj.com/person/j/paul-e-jacobs/474">Paul Jacobs</a>, Qualcomm&#8217;s chief executive, in an onstage interview last month at The Wall Street Journal&#8217;s &quot;D: All Things Digital&quot; conference.</p>
<p>Mr. Jacobs, during a July 21 conference call to discuss the San Diego-based company&#8217;s fiscal third-quarter earnings, disclosed that Qualcomm was &quot;considering a number of alternatives&quot; for FLO TV. He wasn&#8217;t more specific, and a company spokeswoman declined to elaborate. But he said Qualcomm is in early-stage discussions with unnamed companies about FLO TV and the radio frequencies it controls.</p>
<p>That spectrum is a distinguishing element of FLO TV. Most users of smartphones use conventional cellular networks to call up video programming, such as downloads from services like <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=AAPL">Apple</a> Inc.&#8217;s iTunes store and streamed videos from sites such as <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=GOOG">Google</a> Inc.&#8217;s YouTube. MobiTV also uses conventional cellular networks that work with most cellphones. The four-largest U.S. carriers—AT&amp;T, Verizon Wireless, Sprint Nextel and T-Mobile USA—use MobiTV to offer a mix of scheduled and on-demand versions of TV shows and other content, for an average monthly fee of $9.99.</p>
<p>But video generates large data files that can clog conventional cellular networks. So Qualcomm built FLO TV as a broadcast network, featuring scheduled channels of programming that a user can tune into. </p>
<p>The approach comes with challenges. One is the cost of acquiring wireless frequencies to set up a nationwide network. Qualcomm, which announced plans for what became FLO TV in 2004, paid $125 million for the spectrum the service uses now, and paid $558 million in 2008 for additional spectrum in five major metropolitan areas.</p>
<p>Another hurdle is that receiving FLO TV requires special chips. Consumers not only pay monthly fees to carriers for content—starting at about $9.99—they also have to buy specially equipped handsets or other devices to use what AT&amp;T calls Mobile TV and Verizon calls V Cast.</p>
<p>&quot;I don&#8217;t think it&#8217;s a consumer acceptance issue; I think it&#8217;s a technology issue,&quot; said Paul Scanlan, MobiTV&#8217;s president and co-founder. &quot;The bottom line is they didn&#8217;t get the chips into enough phones.&quot;</p>
<p>Others see more fundamental handicaps in the U.S. Unlike markets like Japan and South Korea, where mobile TV has a sizable following, many Americans are driving when they aren&#8217;t at home or at work—and less able to watch TV on the go than users in countries where public transportation is more widely used. </p>
<p>&quot;Here it is a little difficult,&quot; said Mark Beccue, an analyst at Market-research firm ABI Research. The market-research firm estimates that 12.8 million people will subscribe to mobile TV in North America in 2010, which he expects to grow to 25.9 million in 2012 in response to factors such as a proliferation of devices with bigger screens for watching videos. By comparison, the firm&#8217;s world-wide estimate calls for 178.4 million subscribers this year and 384.5 million in 2012.</p>
<p>Qualcomm tried to spur demand for its FLO TV service last fall by introducing its own pocket-sized device for watching TV on the go, priced initially at $249 with six months of service included with the hardware. The company has kept up a stream of announcements of new content offerings in addition to programs from major networks like ABC, NBC and CBS, adding plans recently to offer interactive capability to let users click for more information about shows and the ability to store and replay programming on FLO-equipped devices.</p>
<p>Still, as Mr. Jacobs conceded at the &quot;D&quot; conference, most of what the company has offered to date is &quot;cable TV on the phone,&quot; which isn&#8217;t yet fully exploiting the possibilities of the technology. Qualcomm has &quot;very valuable spectrum, and now the question is are we using it well with the FLO TV service,&quot; he said.</p>
<p>Qualcomm isn&#8217;t the first to pursue, and drop, a similar broadcast approach. <a href="http://online.wsj.com/public/quotes/main.html?type=djn&amp;symbol=CCI">Crown Castle International</a> Corp., which had been planning a service similar to FLO TV called Modeo, in 2007 changed strategies and announced plans to sell its wireless spectrum. Later the same year, Aloha Partners LP, whose subsidiary HiWire had tested a mobile broadcast service, instead announced a deal to sell its spectrum to AT&amp;T for $2.8 billion. </p>
<p>But the backers of Mobile DTV, dubbed the Open Mobile Video Coalition, is pressing ahead with plans for services that also require special chips for receiving broadcast signals, typically built into media players or included with a device called a dongle for outfitting a laptop computer to use the service.</p>
<p>Anne Schelle, the coalition&#8217;s executive director, says that its research shows that Americans are willing to pay for the right mix of locally generated programming and other content. &quot;I don&#8217;t think [Qualcomm's experience] means that consumers aren&#8217;t interested in this,&quot; she said. &quot;Consumers are highly interested.&quot;</p>
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		<title>FCC Sets August 31, 2010 Deadline for Payment of FY 2010 Annual Regulatory Fees</title>
		<link>http://rubinrodriguezjr.com/?p=639</link>
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		<pubDate>Fri, 30 Jul 2010 16:40:49 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
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		<description><![CDATA[By Scott R. Flick and Christine A. Reilly at CommLawCenter The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2010 must be received no later than August 31, 2010. As mentioned in a July 9, 2010 Report and Order, the Commission will mail assessment notices to licensees/permittees reflecting payment [...]]]></description>
			<content:encoded><![CDATA[<p>By Scott R. Flick and Christine A. Reilly at CommLawCenter</p>
<p>The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2010 must be received no later than August 31, 2010. </p>
<p>As mentioned in a July 9, 2010 Report and Order, the Commission will mail assessment notices to licensees/permittees reflecting payment obligations for FY 2010, but intends to discontinue such notifications beginning in 2011. Be aware that the notices sent may not include all of the authorizations subject to regulatory fees, and do not take into account any auxiliary licenses for which fees are also due. Accordingly, you should not assume that the notice is correct or complete. Similarly, if you do not receive a notice letter, that does not mean your authorizations are exempt from regulatory fees. It is the responsibility of each licensee/permittee to determine what fees are due and to pay them in full by the deadline. </p>
<p>Annual regulatory fees are owed for most FCC authorizations held as of October 1, 2009 by any licensee or permittee which is not otherwise exempt from the payment of such fees. Licensees and permittees may review assessed fees using the FCC&#8217;s Media Look-Up website &#8211; www.fccfees.com. Certain entities are exempt from payment of regulatory fees, including, for example, governmental and non-profit entities. Section 1.1162 of the FCC&#8217;s Rules provides guidance on annual regulatory fee exemptions. Broadcast licensees that believe they qualify for an exemption may refer to the FCC&#8217;s Media Look-Up website for instructions on submitting a Fee-Exempt Status Claim. </p>
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		<title>Main Studio Ambivalence</title>
		<link>http://rubinrodriguezjr.com/?p=640</link>
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		<pubDate>Mon, 02 Aug 2010 05:28:54 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Station Acquisition]]></category>

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		<description><![CDATA[Contract: WEGP(AM) Presque Isle ME. The disposition of a station’s main studio is often a fluid part of a transaction. Unlike a format, the studio is in the hardware category, but of all the hardware items associated with a typical facility, its value to the buyer may be subject to multiple variables, and in a [...]]]></description>
			<content:encoded><![CDATA[<p>Contract: WEGP(AM) Presque Isle ME. The disposition of a station’s main studio is often a fluid part of a transaction. Unlike a format, the studio is in the hardware category, but of all the hardware items associated with a typical facility, its value to the buyer may be subject to multiple variables, and in a transfer to a cluster owner already in market, it may be completely unnecessary. Attorney John M. Pelkey of Garvey Schubert Barer dissects a contract that takes a unique approach to getting a deal done in a timely manner while allowing for studio options down the road.</p>
<p>Main Studio Ambivalence</p>
<p>By John M. Pelkey</p>
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<p>In nearly every broadcast transaction, the buyer wants assurance that the transmitter site of the station being purchased will be available for many years to come. That assurance is usually provided either by including the transmitter site as one of the assets being sold to the buyer or by the seller’s assigning a multi-year transmitter site lease to the buyer.               </p>
<p>The main studio does not enjoy such an exalted position. The buyer does not always want the seller’s main studio. Sometimes, the buyer already has stations in the market and has the capacity to use its current main studio as the main studio for the station being purchased. Other times, the main studio building may be in need of serious renovation or may be subject to an unattractive lease. Because a main studio, unlike a transmitter site, can be relocated in most cases without the need to obtain prior FCC approval, the buyer may simply decide that it does not wish to have the main studio included among the real property assets to be assigned at the time of closing. This can even be true if the buyer has a need for the equipment located at the main studio.                 </p>
<p>An example of such a dichotomy between the overriding importance of the transmitter site and the less exalted status of the main studio can be found in the recent asset purchase agreement whereby Northern Maine Broadcasting Inc. agreed to purchase WEGP(AM) in Presque Isle, ME, from Decelles-Smith Media, Inc. In that transaction, the asset purchase agreement provided that the seller would sell to the buyer the transmitter site, as well as all of the hard assets on the transmitter site, such as the transmitters, the towers, the transmitter sheds, the antenna tuning unit buildings and the STL receiver. Not only do the transmitter site and its related hard assets constitute the bulk of the assets being sold to the buyer, but the transmitter site acts as security for the buyer’s payment of a promissory note constituting nearly 70% of the station’s purchase price.                </p>
<p>By contrast, the status of the main studio is left in limbo. It is not among the assets to be conveyed to the buyer. In fact, the buyer apparently is under no obligation to rent the studios post-closing. Instead, the buyer may, if it wishes, notify the seller at anytime prior to closing that it wishes to rent the studios, at which point the seller, which owns the studio building, is obligated to rent the studios to the buyer for $600 per month for up to six months following the closing. In addition, the buyer holds an option until January 31, 2011, to purchase the studio building, all of its contents, and the surrounding land. If the buyer does not exercise its option by that date, the seller will list the studio building for sale. If the seller is successful in finding a buyer for the studio building, it will sell the contents of the studio building to the buyer of the station for $1. In addition, any sales contract between the seller and the purchaser of the studio building must include a provision requiring that the purchaser of the studio building agree to lease the studios to the buyer of the station for five years at the rate of $600 per month.                 </p>
<p>The advantage of these provisions from the buyer’s perspective is that they provide the buyer with almost complete flexibility. If the buyer decides that it does not want the studio building, it need not purchase or lease the studio building. If it wishes to buy the studio building, it can do so. If the buyer wishes to lease the studio building, it can also do that, although the length of the lease in the event that the seller does not find a buyer for the building is clouded by some murkiness in the drafting of the asset purchase agreement. Also, the buyer of the station has total flexibility in determining whether it wishes to purchase the studio equipment. It can purchase that equipment for $1 or, if it decides that the studio equipment is such that it is not worth the nuisance of disposing of the equipment, it can opt not to acquire the equipment for the nominal price of $1.                 </p>
<p>From the seller’s perspective, the arrangement has the benefit of permitting the sale of the station to occur without the parties having resolved the sometimes knotty question of the appropriate arrangements for the main studio. If a buyer is not in a position to decide whether it wishes to purchase the main studio or to lease the main studio for an extended term, resolution of that issue as part of the negotiation of the asset purchase agreement could have the effect of indefinitely delaying the execution of the asset purchase agreement. By deferring the resolution of those issues until another day, the seller can sell its station while the buyer decides what to do about this lesser real estate component of a broadcast transaction.                </p>
<p><strong><span style="color: #800000">RBR-TVBR note:</span></strong> Now available RBR-TVBR’s ‘2010’ new guide to help chart a course through the treacherous waters of buying, owning and selling radio or television stations.                </p>
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		<title>Show Me the Money</title>
		<link>http://rubinrodriguezjr.com/?p=641</link>
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		<pubDate>Wed, 04 Aug 2010 12:50:42 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
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		<category><![CDATA[Station Acquisition]]></category>

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		<description><![CDATA[Contracts: Radio station and translator in Arcata CA; radio stations in Elmira-Corning NY; TV and LPTV stations in Eureka Springs/Fort Smith AR. The point of selling a broadcast station is not to negotiate a price; it is to collect that price. Therefore, a key component of many contracts is language which directly addresses the buyer’s [...]]]></description>
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<p>Contracts: Radio station and translator in Arcata CA; radio stations in Elmira-Corning NY; TV and LPTV stations in Eureka Springs/Fort Smith AR. The point of selling a broadcast station is not to negotiate a price; it is to collect that price. Therefore, a key component of many contracts is language which directly addresses the buyer’s ability to pay up. Garvey Schubert Barer attorneys Erwin G. Krasnow and John Wells King look under the hood of three different contracts to see just how this was handled.                </p>
<p>Show Me the Money                 </p>
<p>By Erwin G. Krasnow and John Wells King</p>
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<p>An owner’s primary motive in selling a station is to convert the property into capital. Whether the proposed buyer will have the funds available at the closing to purchase the station is therefore a principal concern.&#160; <br />Nearly all purchase agreements require a warranty and representation that the buyer is financially qualified.                 </p>
<p>Various provisions in transaction documents make clear that there is no financing contingency and that the buyer has sufficient funds to close. A typical provision is contained in Asset Purchase Agreement between Redwood Broadcasting Company, Inc., and Lost Coast Communications, Inc. for the sale of KXGO(FM), Arcata, CA, and K233AW, Fortuna, CA: “Buyer is financially qualified to fully and timely consummate the transactions contemplated herein.” In many transactions the seller negotiates for a provision which renders the buyer’s failure to close because of the lack of funds a breach of contract.                 </p>
<p>More detailed representations and warranties appear in the Asset Purchase Agreement between WS2K Radio LLC, and Sound Communications, LLC, for the sale of Elmira-Corning stations WENI AM-FM, WENY AM-FM, WCBA, and WGGM-FM, where buyer said that it “has the requisite resources to undertake and perform Buyer’s obligations pursuant to this Agreement, including the payment of the Purchase Price in cash and other closing expenses of Buyer contemplated by this Agreement.” The buyer also warranted that at the time of payment, the funds to pay the purchase price “will not be subject to any Lien or other restriction that prevents or impedes said funds being used to pay the Purchase Price.”                 </p>
<p>Often when a bankruptcy court is involved, the purchase agreement contains additional assurances that the buyer will not walk away from the transaction because of insufficient funds. The Asset Purchase Agreement between Equity Media Holdings Corporation and Pinnacle Media, LLC for the sale of KPBI(TV), Eureka Springs, AR, and KWFT-LP, Ft. Smith, AR, included a warranty and representation that buyer or its members have, or at the Closing will have, (1) sufficient internal funds available to pay the Purchase Price and closing expenses, and (2) the resources (financial and otherwise) to perform buyer’s current obligations under the Asset Purchase Agreement, the Assumed Contracts and Real Property Leases and to provide adequate future performance under the Bankruptcy Code of the Assumed Contracts and Real Property Leases.                 </p>
<p>Buyer also agreed not to incur any obligation, commitment, restriction or liability of any kind, which would impair or adversely affect such resources and capabilities. In the event that the buyer were to finance any portion of the Purchase Price or any of the closing expenses, it was required to supply a schedule which “lists such amount and the Person who will provide such financing” together with “any supporting documentation that Seller reasonably requests with respect to such financing.”</p>
<p><strong><span style="color: #800000">RBR-TVBR note:</span></strong> Now available RBR-TVBR’s ‘2010’ new guide to help chart a course through the treacherous waters of buying, owning and selling radio or television stations.                 </p>
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		<title>Challenges and solutions for radio, television newsrooms&#8211;Part I</title>
		<link>http://rubinrodriguezjr.com/?p=642</link>
		<comments>http://rubinrodriguezjr.com/?p=642#comments</comments>
		<pubDate>Sun, 08 Aug 2010 05:58:00 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Programming]]></category>

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		<description><![CDATA[Valerie Geller, President of Geller Media International, has helped us uncover issues and needs that today’s modern (and often understaffed) newsroom staff faces. RBR-TVBR spoke to news directors and management on those issues and asked for software vendors in the space to provide solutions. As Valerie tells us, the challenge now to commercial radio &#38; [...]]]></description>
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<p>Valerie Geller, President of Geller Media International, has helped us uncover issues and needs that today’s modern (and often understaffed) newsroom staff faces. RBR-TVBR spoke to news directors and management on those issues and asked for software vendors in the space to provide solutions.</p>
<p>As Valerie tells us, the challenge now to commercial radio &amp; TV newsrooms is three-fold:                       <br />&#160; <br />1. Remaining effective: How to do more with less/fewer people and fewer resources/cost cuts.                        <br />&#160; <br />2. Managing multi-platform media/ in addition to &quot;broadcasting.&quot;&#160; Keeping an active website, what/when to twitter / how to best use mobile media, etc.                        <br />&#160; <br />3.&#160; Managing.&#160; Many managers are challenged with so much on their plates right now they can hardly come up for air, let alone aircheck their talent, sit in on news meetings and most of news is reactive now, very little &quot;planned.&quot;&#160; 100% of the news directors she works with say he/she feels like they are playing a game of &quot;Catch up&quot; 24/7. </p>
<p>In Part I, we asked those running the newsrooms to address a variety of issues. Participants include:                       <br /><strong>Jim Farley</strong>: VP/News &amp; Programming, WTOP, VP/News Bonneville;                         <br /><strong>Ben Mevorach</strong>: Director of News &amp; Programming of 1010 WINS; and                         <br /><strong>Marc Rayfield</strong>: SVP/Market Manager CBS Radio Philadelphia, SVP/GM of KYW Newsradio.</p>
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<p><strong><span style="color: #000080; font-size: medium">                           <br />How are you remaining effective?</span></strong>                        <br /><strong>Mevorach</strong>: To me being effective means being relevant. That has nothing to do with the number of people who work for you. The question is whether we as an organization are staying relevant to our audience.&#160; Do our people know what matters to our listeners? If we, as managers, give our people the tools to succeed and to take collective ownership in our future, there is no need to worry about how to remain effective because it is always in play.</p>
<p><strong>Farley</strong>: Trying to stay focused.&#160; There&#8217;s a time to answer e-mails, there&#8217;s a time to return calls.&#160; I try very hard not to be distracted when I am speaking to my newsroom staff. They deserve my full attention.&#160; I have two computer screens and 4 monitors with non-stop news in my office.&#160; I remind myself to concentrate&#8230;&#8230;..</p>
<p><strong>Rayfield</strong>: Cost reduction is not our primary focus. Delivering on our promise to the audience is. We have great respect for our own protect. That pride shows on the air. It’s easy when your people treat the station as if it were their own. KYW Newsradio has never been better.                        </p>
<p>&#160; <br /><strong><span style="color: #000080; font-size: medium">How do you face today&#8217;s challenge of doing more with less/fewer people and fewer resources/cost cuts?</span></strong>                        <br /><strong>Mevorach</strong>: It is management&#8217;s job to hire, train, mentor, challenge, and encourage workers to grow and succeed.&#160;&#160; If you are constantly evolving then so too are the priorities and workload. I believe firmly in being open and honest with the people who work for me and in seeking their input on every facet of what we do. Every challenge has a solution and if you have surrounded yourself with passionate, creative, and smart people, the challenges are actually nothing more than opportunities to find ways to do things more effectively. </p>
<p><strong>Farley</strong>: WTOP has a big newsroom.&#160; Still, we stretch our resources through strategic alliances: a TV station, a business newspaper, suburban newspapers, using Metro for most traffic and sports, smart interns.&#160; And we try NOT to duplicate what our audio networks (CBS and CNN) already do for us.</p>
<p><strong>Rayfield</strong>: Fortunately CBS allows us to run our stations at the market level. I have never received an edict to cut resources in a specific area. Given our relationship with CBS TV, I’d say we’ve made an even greater investment in our product.</p>
<p>&#160; <br /><strong><span style="color: #000080; font-size: medium">How are you successfully managing multi-platform media, in addition to &quot;broadcasting?&quot;</span></strong>&#160; <br /><strong>Mevorach</strong>: In the beginning, people saw the new technology as a threat. Today, those same people see it as part of the fabric of our overall success. We do not see ourselves as a radio station and a multi-platform media. We see ourselves as the most recognized local news brand in the world that is available to you online, on your phone, on your radio or anywhere else.</p>
<p><strong>Farley</strong>: Everybody in the newsroom knows the mission: inform and engage as many people as possible as often as possible across as many platforms as possible.&#160; We push out information on FM and HD Radio, streaming audio, wtop.com, e-mail and text alerts, Facebook and Twitter.&#160; They know we are not radio: we are a DNO (Digital News Organization).&#160; </p>
<p><strong>Rayfield</strong>: We view are stations as brands that have many platforms. We don’t see this as “in addition to.” This is part of the landscape. You simply have to redirect your thinking and we did that a long time ago.</p>
<p>&#160; <br /><span style="color: #000080"><strong><span style="font-size: medium">What are you doing online to serve your audience and build your brand?&#160; Are you using twitter? Social or mobile media?</span></strong>                          <br /></span><strong>Mevorach</strong>: We are one of the few news operations that sees itself as an extension of its audience not the other way around. You can join our station&#8217;s Facebook page or friend any number of our on-air talent on their personal Facebook pages. Turn on the radio and we are sharing information from our website. Log onto our website and you can hear the radio. You can hear traffic on the radio or see it online. We will give you the forecast on the air or you can track a storm online. We have text alerts for up to the minute news sent to your phone and you can get a twice daily e-mail blast to your desktop. Our morning anchor Judy DeAngelis provides a 7 minute news podcast very weekday that you can subscribe to or download. You can follow us on Twitter or you can e-mail any of our staff directly. The goal is simple: No matter where you go to consume news and service elements, we want your first choice to be 1010 WINS.</p>
<p><strong>Farley</strong>: Yes.&#160; All the time and more tomorrow.&#160; The brand is WTOP, and it is a strong local brand.&#160; (Notice, I did not say &quot;WTOP Radio&quot;)</p>
<p><strong>Rayfield</strong>: We are using social media, as well as podcasts, email blasts and mobile apps. The game has changed. We are no longer simply radio stations. We are news organizations that just happen to have radio as one platform.</p>
<p>&#160; <br /><strong><span style="color: #000080; font-size: medium">How is your time management?&#160; Are you challenged with so much on your plate right now you can hardly come up for air?</span></strong>                         <br /><strong>Mevorach</strong>: As a 24-hour news operation, time management is always an issue. I average 8-hundred e-mails a day, my voicemail fills up every 3-5 hours, and the news needs to be managed around the clock.&#160; The key to surviving it is to be open with your staff. Let them know what is on your plate and what you need help with.</p>
<p><strong>Farley</strong>: I feel slammed by the end of the day.&#160; But every morning I look forward to coming back into the newsroom!&#160; E-mail and web-surfing eat up gigantic chunks of my time. I try to answer 95% of listener e-mails personally.&#160; Some evenings I consult my muse, John Jameson.</p>
<p><strong>Rayfield</strong>: Early on, it was a challenge. But you make sure you surround yourself with people who are creative, open to change, passionate about how to best serve the listener and you engage in constant dialogue with them. For me, the challenge is geography. We have five stations on four floors in two buildings separated by 8 miles. Our news and news talk stations aren’t even in the same county. You have to love this business and have a supportive family, which I do.</p>
<p>&#160; <br /><strong><span style="color: #000080; font-size: medium">Do you have time to aircheck your talent and producers?</span></strong>&#160; <br /><strong>Mevorach</strong>: Airchecks are done in real-time. I listen to the radio all the time. On air mistakes are part of being human. I listen for things that become patterns or bad habits and work with the talent to correct them.</p>
<p><strong>Farley</strong>: I prefer immediate feedback to formal sit-down sessions.&#160; Criticism is done quietly in my office, praise publicly in the newsroom.&#160; I send e-mails to staff when I find a teaching moment.</p>
<p><strong>Rayfield</strong>: Our Program Directors do that. I do have my ears on our stations perhaps 12 hours a day so I air check more than some people want me to but again, I trust my partners.</p>
<p>&#160; <br /><strong><span style="color: #000080; font-size: medium">Are you involved in the news meetings?</span></strong>&#160; <br /><strong>Mevorach</strong>: Yes. You have to make time for them. They are the daily blueprint for the radio station.</p>
<p><strong>Farley</strong>: I have a great News Director in Mike McMearty and he does 90% of it.</p>
<p><strong>Rayfield</strong>: No</p>
<p><strong><span style="color: #000080; font-size: medium">How proactive is your product?</span></strong>&#160; <br /><strong>Mevorach</strong>: We are an extremely proactive news operation. We own the &#8216;breaking news&#8217; image in the market. We swarm stories, will dispatch reporters to cover major stories around the world, and we are relentless in the pursuit of &#8216;impossible to get&#8217; interviews.&#160; </p>
<p><strong>Farley</strong>: Very. We get regional debates started.&#160; We break news.&#160;&#160; Local TV (and some network) assignment desks monitor us for ideas.&#160; </p>
<p><strong>Rayfield</strong>: Very proactive. We didn’t use to be that way. But the future is now. My own impatience is both a blessing and a curse.</p>
<p><strong><span style="color: #000080; font-size: medium">Is most of your news reactive?</span>&#160; <br />Mevorach</strong>: Logic would dictate that news happens and we react to it. Too many news organizations produce &quot;exclusives&quot; that aren&#8217;t news or relevant to their audience. They just like to put things on the air so they can use the word &quot;exclusive.&quot;&#160; We certainly originate our share of stories and we give our staff as much freedom as possible to come up with their own ideas but we don&#8217;t do it for the sake of doing it.</p>
<p><strong>Farley</strong>: As an all-news station, we do so much news that SOME of it has to be reactive.</p>
<p><strong><span style="color: #000080; font-size: medium">                           <br />How much of your product on air is &quot;planned?&quot;</span></strong>&#160; <br /><strong>Mevorach</strong>: 95%. An occasional seat-of-your pants approach is a healthy way to stay sharp.</p>
<p><strong>Farley</strong>: 90% but we NEVER hesitate to throw out the line-up and scripts when news breaks or we can grab a great newsmaker live.                        <br />&#160; <br /><strong><span style="color: #000080; font-size: medium">Do you feel as though you are playing a game of “Catch up” 24/7?</span></strong>&#160; <br /><strong>Mevorach</strong>: It tends to go in cycles. There are weeks when I am ahead of the curve and plotting new ideas and there are other times when I think it&#8217;s Wednesday and it&#8217;s actually Friday.</p>
<p><strong>Farley</strong>: Some days it feels that way, but I signed on for a marathon, not a sprint.&#160; I have been in broadcast news&#8230;and now digital news&#8230;.since 1966 and I still love it every day.</p>
<p><strong>Rayfield</strong>: Not anymore. I do work nearly every waking hour, even when I’m on vacation. It isn’t because I have to, it’s just part of who I am. I have had serious discussions on my cell while waiting in line with our kids in Disneyworld. It’s not easy. The option is to scale back when I am away and get jammed up for the next three days when I return. I like to play offense rather than defense.                        </p>
<p>In Parts II and III, we hear solutions from the Newsroom and News Production Software providers. Participants include:                         <br /><strong>Steve Schneider</strong>: RCSnews Product Manager; <strong>Chip Jellison</strong>, EVP, Development/Technology, RCS;                        <br /><strong>ChiChi Liu</strong>: President, Burli Software Inc.; and                        <br /><strong>Scott Roberts</strong>: Virtual News Center Company President</p>
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		<title>Challenges and solutions for radio, television newsrooms&#8212;Part II</title>
		<link>http://rubinrodriguezjr.com/?p=643</link>
		<comments>http://rubinrodriguezjr.com/?p=643#comments</comments>
		<pubDate>Sun, 08 Aug 2010 06:00:23 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Programming]]></category>

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		<description><![CDATA[RBR-TVBR has asked newsroom and news production software providers to provide solutions on issues/needs that today’s modern newsroom staff faces. We find out about remaining effective; facing today&#8217;s challenge of doing more with fewer people and fewer resources; and managing multi-platform media in addition to broadcasting.&#160; Participants include: Steve Schneider: RCSnews Product Manager; Chip Jellison, [...]]]></description>
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<p>RBR-TVBR has asked newsroom and news production software providers to provide solutions on issues/needs that today’s modern newsroom staff faces. We find out about remaining effective; facing today&#8217;s challenge of doing more with fewer people and fewer resources; and managing multi-platform media in addition to broadcasting.&#160; Participants include:                        </p>
<p><strong>Steve Schneider</strong>: RCSnews Product Manager;                         <br /><strong>Chip Jellison</strong>, EVP, Development/Technology, RCS;                        <br /><strong>ChiChi Liu</strong>: President, Burli Software Inc.; and                        <br /><strong>Scott Roberts</strong>: Virtual News Center Company President</p>
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<p><span style="color: #000080; font-size: medium"><strong>                           <br />How are you remaining effective?</strong></span>                         <br /><strong>Schneider</strong>: Newsrooms are dynamic ecosystems.&#160; RCSnews™ is a state-of-the-art radio newsroom system, providing solutions for your entire news operation from newscast gathering, writing and editing to actual on-air broadcast (with teleprompter function) and story archiving.&#160; There is no downtime in learning RCSnews.&#160; Journalists personalize the application to match their existing workflow including layout, keystrokes, toolbars, libraries and audio editors.</p>
<p><strong>Liu</strong>: Anything a newsroom system can do to reduce steps in a journalist’s daily workflow gives them that much more time for other tasks. Over the years Burli has strived to keep the workflow simple, quick and efficient. We want the journalists to concentrate on the content more than the production process itself.</p>
<p><strong>Roberts</strong>: Managing anchors in three time zones and a product that airs on 75+ stations, each of which has different needs and expectations, is sometimes a Herculean task. For our anchors, I encourage serial single-tasking, rather than trying to multitask. In other words, focus on one market at a time. I do this myself as much as practical, separating my days into blocks where I deal with items having a common thread – creative items, strategic items, management, and so forth. The discipline imposed by also anchoring in several markets makes it easier to group activities most days. Which is not to say 18-20+ hour days are uncommon – I run a growing company, so they are part of the territory!</p>
<p>&#160; <br /><strong><span style="color: #000080; font-size: medium">How do you face today&#8217;s challenge of doing more with less/ fewer people and fewer resources/ cost cuts?</span></strong>                         <br /><strong>Schneider</strong>: Our strength is providing a user friendly way to share materials and resources within the same facility or across facilities worldwide. RCSnews provides cost savings by allowing a news anchor in a single location to present newscasts across multiple stations via the ability to push directly into your automation system.</p>
<p><strong>Jellison</strong>: RCSnews is completely scalable from large network news operations to a single station news bureau, RCSnews can be configured to adapt perfectly for any of environment.&#160; So a group could buy it for a one station operation now, and then expand to many workstations later.</p>
<p><strong>Liu</strong>: We’re striving to simplify a lot of tasks that used to be labor-intensive. Filing news stories from the field is now a couple of click on an iPhone or a drag-and-drop on a laptop screen instead of a long series of steps to save audio and text and feed them back to the station. It’s also simpler for the newsroom itself – most news material now arrives in the system automatically and ready-to-go. That means less time spent recording cuts, sorting stories or manually cutting up network audio feeds.                        <br />Tools like the assignment manager can help managers better deploy their staff. Remote access to those assignments on a mobile browser means reporters don’t have to come into the newsroom to have access to press releases, audio cuts, maps, archived scripts relating to their current assignment.</p>
<p><strong>Roberts</strong>: That’s the problem people are turning to us to solve. VirtualNewsCenter staff is a shared resource. With our “One + Us” approach, for instance, a station can employ a local news director with us providing the depth on the bench – voicing other dayparts, making calls on assignments, cutting sound, web posting – and have a multi-voice presence in each newscast.&#160; Our first “One + Us” client, KIRX/Kirksville, MO is an example – their News Director continues to thank us regularly for “giving him back his life.”                        <br />Actually, as of today we’ve made it possible to develop, enhance, or stabilize a cluster’s news presence and image with no cash outlay. VirtualNewsCenter has just become available via barter through a partnership with Envision Radio Networks.                         <br />One of the advantages our station partners gain with VirtualNewsCenter is the ability to shape the content by making story assignments. A number of the solo News Directors that have added VirtualNewsCenter say this is the factor that makes the most improvement in their life and product.</p>
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<p><strong><span style="color: #000080; font-size: medium">How are you successfully managing multi-platform media/ in addition to &quot;broadcasting?&quot;&#160; <br /></span>Schneider</strong>: RCSnews can push stories complete with audio directly into your stations’ website.</p>
<p><strong>Liu</strong>: Not many newsrooms these days only produce content for one medium. Many newsrooms re-purpose their content as stories on their website or as podcasts. A couple of years ago that was a multi-step process, but tools like Burli are now make it largely automatic and stress-free for news staff. Website content management systems can get their data from Burli completely and automatically without users having to retype, copy-paste or upload stories. And Burli can automatically make podcasts out of newscasts, traffic updates or weather hits and get them to iTunes or the website without news staff even being involved.                        <br />Better networks and broadband internet now mean affiliated newsrooms of any size can now collaborate on their news production. Burli, for example, lets newsrooms of any size share their stories into a single pool, almost like a newswire. The newsroom system itself distributes audio cuts and text to other newsrooms completely automatically to all other stations in the chain, so journalists have stories from affiliated newsrooms appear in front of them automatically. With fewer reporters in each newsroom, you can actually still get a wider variety of voices and cuts on the air from a larger geographical area. And your cuts are not the same ones from the same national services that the competition is running.</p>
<p><strong>Roberts</strong>: We use custom-built news collection and management software, and pushing content to multiple outputs is baked in. Our anchor can write a story, include newsmaker audio, and have it on the station website, on Twitter, on Facebook or elsewhere without additional effort. Our goal is for each person in our staff to only have to handle the item once and for the entire product, both on-air and online, to be plug-and-play for our station partners.</p>
<p><strong>Tomorrow we ask</strong>:                         <br />What are you doing online to serve your audience and build your brand?&#160; Are you using twitter? Social or mobile media?; and How proactive is your product?&#160; </p>
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		<title>Telephone marketing: How far can broadcasters go?</title>
		<link>http://rubinrodriguezjr.com/?p=644</link>
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		<pubDate>Sun, 08 Aug 2010 06:05:24 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
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		<description><![CDATA[Come ratings season, or any time for that matter, broadcasters are always seeking new ways to interest the public in their station and programming. Some broadcasters have hit upon the time-tested marketing technique of COLD CALLING. But cold calling can take a lot of staff time. Why not use one of those autodialing services that [...]]]></description>
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<p>Come ratings season, or any time for that matter, broadcasters are always seeking new ways to interest the public in their station and programming. Some broadcasters have hit upon the time-tested marketing technique of COLD CALLING.</p>
<p>But cold calling can take a lot of staff time. Why not use one of those autodialing services that uses prerecorded voice messages &#8212; play some of the station as an intro, fade the music and put on a compelling, prerecorded message, maybe from one of the popular station personalities?                </p>
<p>But, what about TCPA – the Telephone Communications Privacy Act?&#160; Doesn’t it protect telephone consumers from uninvited, autodialed, prerecorded marketing messages?&#160; Well, YES!                 </p>
<p>Generally, under TCPA, prerecorded message calls are permitted by or on behalf of a “seller” only when a consumer has signed an express written or electronically recorded agreement authorizing the seller to make such calls to his or her designated telephone number.&#160; Under the FCC portion of the TCPA, and the Commission’s rules at §64.1200(a)(2), any telephone call using an automatic telephone dialing system or an artificial or prerecorded voice placed to a residential line is prohibited unless it meets one of five exceptions.</p>
<p>But, wait!! Radio and TV are special, right?&#160; Maybe the TCPA doesn’t apply to broadcasters.&#160; Well,&#160; . . .&#160; Yes! (at least sometimes.)</p>
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<p><strong>The Case</strong>                 <br />Several years ago, a Clear Channel station had this very idea.&#160; It recorded a message that encouraged the called party to listen to the station and to call in at a certain time to win a prize.&#160; Here’s the message that was used:</p>
<p>Hi, this is Al &quot;Bernie&quot; Bernstein from 106.7 Lite FM. In case your favorite station went away, I want to take just a minute to remind you about the best variety of yesterday and today at 106.7. Motown, classic 70s from James Taylor, Elton, and Carole King; it&#8217;s all here. Each weekday, we kick off the workday with an hour of continuous, commercial-free music. This week, when the music stops at 9:20, be the tenth caller at 1-800-222-1067. Tell us the name of the Motown song we played during that hour, and you&#8217;ll win one thousand dollars. Easy money. And the best variety from 106.7 Lite FM.</p>
<p>One person who was called didn’t feel so lucky.&#160; He received the call and responded with a class action lawsuit asserting that Clear Channel had violated the TCPA for himself and all those who had received a similar call. </p>
<p>However, the TCPA has several exceptions to the categories of calls that are included in its scope.&#160; After the lawsuit had been dismissed in NY and refiled in Ohio, the District Court tackled the issue, holding that the call fell within one of the specific exceptions of the TCPA.                <br />In making her determination, Judge Sandra Beckwith recognized that §227 of the TCPA gives the FCC discretion to exempt “such classes or categories of calls made for commercial purposes as the [FCC] determines&#160; (I) will not adversely affect the privacy rights that this section is intended to protect; and (II) do not include the transmission of any unsolicited advertisement.”&#160; Using this congressionally-chartered discretion, in 2003 the FCC specifically permitted messages that invite a consumer to listen to or view a broadcast, and reaffirmed its position in the 2005 final rules implementing the TCPA.                 <br />&#160; <br /><strong>The FCC Opinion</strong>                 <br />But did this case go beyond the FCC’s 2005 rule because it combined a call to listen with a contest promotion?&#160; Bowing to the FCC’s expertise and the intent of Congress, Judge Beckwith sent a letter of inquiry to the FCC seeking further clarification.&#160; In response, then-FCC General Counsel Sam Feder stated “. . . the Commission’s Orders make clear that a hybrid call that both announces a contest and contains a general promotion for the station is permitted [and] therefore not actionable under the TCPA.” Under well-established legal precedent, the court believed it was duty-bound to defer to the FCC’s determination.&#160; The court relied upon the broad legal principle that where Congress does not legislate directly, but leaves specific determinations to the Commission’s discretion, the court must uphold the FCC’s interpretation, provided that it is reasonable and that the FCC had arrived at its conclusion following proper notice-and-comment rulemaking procedures.</p>
<p>In fact, said General Counsel Feder, the Commission had agreed with comments of the National Association of Broadcasters, which had specifically recognized the special nature of over-the-air broadcasting.&#160; Citing the NAB’s comments, Feder opined that free over-the-air radio and television broadcasts are not consumer products or services that are bought and sold in commercial transactions. Instead, over-the-air radio and television broadcasts are sources of news, information and entertainment programming that are by federal mandate available for free to every person within a station&#8217;s listening or viewing area.&#160; Further, he held that broadcast programming is not “commercially” available to listeners and viewers, and therefore concepts of “commercial” availability or quality have no applicability to the programming that broadcasters transmit over the public airwaves.&#160; As such, he concluded that broadcast audience invitation calls, which do not seek to sell a product or service, are not advertisements.</p>
<p>Interestingly, the Commission distinguished calls placed by over-the-air broadcasters — whose service is free of charge to the listener — from similar calls placed by a paid-for service, such as satellite or cable television.&#160; Thus, prerecorded messages to encourage consumers to listen to or watch programming for which they must pay would be considered advertisements for purposes of the FCC rules.&#160; The Commission also distinguished radio and television station calls from calls about purported ”free offers” or&#160; calls that appear only to give information but are motivated in part by the desire to ultimately sell additional goods or services.</p>
<p><strong>The Bottom Line</strong>                 <br />So the bottom line is this: broadcasters may make direct telephone solicitations to the listening and viewing public to tune to their station, even where the calls comprise hybrid messages containing a motivational component such as a contest.&#160; Satellite radio and TV and cable TV cannot.&#160; However, the messages must be constructed to avoid making any direct solicitation for the sale of additional goods or services.</p>
<p>&#8211; Gregg Skall is a Washington DC based attorney at Womble Carlyle Sandridge &amp; Rice, PLLC specializing in all things media and FCC. If you have a comment, suggestion, or want more information, you can reach him at (202) 857-4441 or <a href="mailto:gskall@wcsr.com">gskall@wcsr.com</a>.</p>
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		<title>License reinstatement plea rejected by FCC</title>
		<link>http://rubinrodriguezjr.com/?p=645</link>
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		<pubDate>Mon, 09 Aug 2010 20:50:54 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[FCC Issues]]></category>
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		<description><![CDATA[WYLE-TV Florence, AL will remain but a memory. The FCC has rejected an appeal by former owner ETC Communications to reinstate the station’s license. &#160; WYLE, a former Jewelry TV shopping channel affiliate went off the air on February 8, 2007 due to financial difficulties. On February 3, 2008 the station went back on the [...]]]></description>
			<content:encoded><![CDATA[<p style="line-height: normal; margin-bottom: 0pt" class="MsoNormal">WYLE-TV Florence, AL will remain but a memory. The FCC has rejected an appeal by former owner ETC Communications to reinstate the station’s license. </p>
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<p style="line-height: normal; margin-bottom: 0pt" class="MsoNormal">WYLE, a former Jewelry TV shopping channel affiliate went off the air on February 8, 2007 due to financial difficulties. On February 3, 2008 the station went back on the air and broadcast a test pattern for 24 hours, then went off the air again, with ETC notifying the FCC on February 8th of that brief renewal of broadcasting and requesting permission to remain dark for the next year. </p>
<p style="line-height: normal; margin-bottom: 0pt" class="MsoNormal">&#160;</p>
<p style="line-height: normal; margin-bottom: 0pt" class="MsoNormal">As previously reported, the FCC ruled that broadcasting a text pattern was not sufficient to qualify as “broadcast signals” under the Commission’s rules. That meant that the station had been off the air for more than 12 months straight and the FCC cancelled the license, scuttling efforts to sell the station to the owner of in-market WHDF-TV (CW) Huntsville, AL under a failed station waiver. </p>
<p style="line-height: normal; margin-bottom: 0pt" class="MsoNormal">&#160;</p>
<p style="line-height: normal; margin-bottom: 0pt" class="MsoNormal">ETC appealed that decision. In the latest development, Barbara Kreisman, Chief, Video Division in the FCC’s Media Bureau rejected the appeal, finding that the former licensee had failed to provide any new facts or arguments to warrant reinstatement of the license. </p>
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		<title>Mobile DTV Receivers Stay On Track</title>
		<link>http://rubinrodriguezjr.com/?p=647</link>
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		<pubDate>Tue, 10 Aug 2010 17:50:32 +0000</pubDate>
		<dc:creator>Web Admin</dc:creator>
				<category><![CDATA[Mobile TV]]></category>

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		<description><![CDATA[With FCC waiver in hand, manufacturers eye fall retail launch By Glen Dickson &#38; John Eggerton &#8212; Broadcasting &#38; Cable, 8/10/2010 Consumer electronics manufacturers who want to bring mobile digital TV receivers to market this year say those plans remain on track, now that the FCC has waived a decades-old requirement to include full analog [...]]]></description>
			<content:encoded><![CDATA[<p>With FCC waiver in hand, manufacturers eye fall retail launch</p>
<p>By Glen Dickson &amp; John Eggerton &#8212; Broadcasting &amp; Cable, 8/10/2010</p>
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<p>Consumer electronics manufacturers who want to bring mobile digital TV receivers to market this year say those plans remain on track, now that the FCC has waived a decades-old requirement to include full analog TV reception capability in those devices. </p>
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<p>TV and mobile phone manufacturer LG, computer giant Dell and computer accessory supplier Hauppauge had petitioned the FCC for a blanket waiver (applying not just to themselves but anyone else making mobile DTV devices) from the requirements of the All-Channel Receiver Act, the congressional directive that stemmed from Congress&#8217; 1962 mandate that all TV sets had to include UHF tuners as a way to ensure access to those channels. An additional DTV reception requirement to the Act was adopted in 2002 to spur the transition to digital by requiring all TV sets, after a phase-in period, to be capable of receiving digital ATSC as well as analog NTSC broadcasts.       </p>
<p>The FCC retained the analog tuner mandate because it continued, and continues, to allow low-power Class A stations to broadcast in analog, and digital TV sets today continue to be sold with NTSC reception capability. But LG, Dell and Hauppauge, along with a number of vendors and broadcasters who filed supporting comments to the FCC, argued that including analog tuners in new mobile DTV receiver devices such as cell phones, PDAs, laptops, netbooks, dongles and car receivers would add unnecessary heft and cost, drain their power more quickly and potentially even hinder mobile DTV reception itself.        </p>
<p>&quot;Once you put analog in, you bump up the power consumption, size and the cost quite a bit,&quot; says Hauppauge CEO Ken Plotkin. &quot;Analog adds somewhere around 50% to the manufacturing cost of the device.&quot;        </p>
<p>LG pointed out to the Commission that supporting analog reception would require a mobile DTV device to split, and thus, weaken the signal, which could negatively impact mobile DTV reception. Another concern with including analog reception, according to Dell technology strategist James Clardy, was that the extra scan time required by the analog tuner would hamper the overall user experience with small, mobile devices like smartphones that are inherently ill-suited to receive low-powered analog broadcasts because of their diminutive antennas.        </p>
<p>&quot;By and large, it would be a waste of time,&quot; says Clardy, who notes that &quot;consumer demand for analog is nil&quot; in the U.S.        </p>
<p>The FCC appears to agree. Last month, its Media Bureau acting on its own authority&#8211;the commissioners did not vote&#8211;concluded that granting the blanket waiver was in the public interest because &quot;it would facilitate the introduction of television receivers with Mobile DTV tuners that are designed to be used in motion.&quot;        </p>
<p>&quot;It was good news, and I applaud the Commission for moving so quickly through the process,&quot; says LG VP of Government Affairs John Taylor. &quot;It gives the clarity and certainty that manufacturers need to move forward with rollout plans for the second half.&quot;        </p>
<p>LG still plans to release a portable DVD player with mobile DTV reception capability this year, as previously announced. The company doesn&#8217;t have a firm launch date yet for the product, but it should hit stores in time for the holiday selling season, says Taylor.        </p>
<p>The limitations on the waiver are that the devices have to be designed to be portable and capable of receiving mobile DTV signals while on the move, and that their manufacturers and retailers need to clearly indicate to consumers that the devices are not capable of receiving analog TV, through both packaging and in-store displays. Mobile DTV receivers do not have to also include conventional DTV reception capability, but if they don&#8217;t, their packaging also has to clearly communicate to the consumer that they can&#8217;t receive normal DTV signals.        </p>
<p>For their part, both Hauppauge and Dell plan devices that will include both mobile DTV and conventional DTV reception capability, mainly because they don&#8217;t believe there will be enough mobile DTV signals available in the near-term to make a mobile DTV-only product viable.        </p>
<p>Hauppauge already makes $99 USB dongle-type receivers that can receive both analog and digital TV signals and plans to launch a similar product for mobile DTV this fall.        </p>
<p>Now that the FCC has waived the analog requirement, Hauppauge plans a device for laptop computers that will receive both mobile DTV (formally the ATSC A/153 standard) and conventional DTV (ATSC A/53). Plotkin says the device will probably launch in early November, in time for the holiday shopping season, and retail for around $59.        </p>
<p>Dell had initially planned to introduce a netbook with mobile DTV capability this fall, but pushed back those plans due to uncertainty over broadcasters&#8217; mobile DTV current plans (while a number of large groups have formed a joint venture to create a mobile DTV programming service, they haven&#8217;t formally revealed their business plan). Now, it plans to release in the spring of 2011 netbooks and laptops with built-in mobile DTV receivers (Hauppauge is supplying the technology on an OEM basis), as well as conventional DTV capability.        </p>
<p>&quot;We&#8217;re very excited about the progress [among broadcasters],&quot; says Clardy. &quot;But when you add up the story of what&#8217;s on-air today and what&#8217;s committed on-air for consumption, it&#8217;s not a good enough story to take to the big-box retailers yet.&quot;</p>
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