Commission Denies EMF Translator Move

12-11-14

The FCC has upheld a decision by the enforcement bureau to deny EMF's request to move an FM translator from Sherburne to Oneonta in upstate New York. EMF wanted to rebroadcast WKVU-FM which is in Utica. The station's proposed facilities do not overlap the 60 dBu contour of its existing facilities, so the application is considered a major change under FCC rules. And you may have noticed, WKVU is an FM station. EMF filed a waiver based on the bureau's 2011 Mattoon case in which the Commission decided that waiver was in the public interest. For the EMF waiver, the FCC says, "it's not even close." (Matton is a reference to Mattoon, IL, where Bud Walters was approved for a waiver to move an FM translator to serve as a fill-in for WCRA-AM, Effingham, Illinois).

In Mattoon, the Bureau found that waiver was in the public interest because the translator modification applicant did not have a history of filing serial minor modification applications, the proposed site was mutually exclusive with the licensed facility, the proposed move was not in an LPFM spectrum-limited market, and the translator would rebroadcast an AM station as an AM fill-in translator. EMF concedes that its proposal would not be used to rebroadcast an AM station.

EMF argued "the public interest of the grant of the application would be in many ways like the benefits enjoyed by the Cromwell, saving resources of the applicant and the Commission in processing multiple applications, and resulting in the 'efficient use of limited spectrum.'" The Commission rejected EMF's "untethered reading of the Mattoon waiver criteria, which explicitly included the requirement to rebroadcast an AM station," adding "we agree with the Bureau that the AM/FM distinction was crucial to the outcome in Mattoon which was expressly based, in part, on the public-interest goal of AM revitalization. The Commission's 2009 deregulatory rule change to permit AM/FM translator rebroadcasting has been an "unqualified success."

Read the entire FCC Opinion and Order HERE

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TRN CEO Mark Masters Denies

10-11-13

Early this morning, TRN CEO Mark Masters issued a statement about the lawsuit he's facing from Andrea Tantaros. In the statement Masters says, up until very recently, the relationship with Andrea was excellent. He says he's now concerned a third party is misleading her for their own benefit, although he does not mention who that third party is. Masters says, "This is not an uncommon problem when the host of a successful syndicated radio show has achieved such early success in our industry."  And, the Tantaros lawsuit and her attorney statement paint a completely different story. Here's more from Masters:

"Regardless of this temporary intrigue, there is no legal basis for Andrea to terminate our contract (to the benefit of a predatory competitor), and we will require, and fully expect, her to abide by its terms.  Contrary to certain reports we have heard, we are in full compliance with our obligations under the contract, and are prepared to enforce our rights.?

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Westergren Denies He's Doing it for The Money

11-14-2012

Pandora founder Tim Westergren has been taking a lot of heat for his recent efforts to lobby Congress to lower royalty rates. He's called his effort an attempt to get on a more level playing field with other broadcasters. Pandora recently joined forces with Clear Channel and others in support of the Internet Radio Fairness Act and a coalition was even formed to show more solidarity. Yesterday at the Future of Music Summit in Washington, Westergren said it's not true he's trying to change the rules because the Pandora business model isn't working. 

Pandora and others are backing the Internet Radio Fairness Act which would reduce royalty rates and bring them in line with the fees charged to its digital competition, including satellite and cable radio. It's what everyone is calling a "level playing field." Westergren says, "We're asking for a standard parity."

Although Pandora has yet to turn a profit despite its explosive growth, Westergren said this is also about helping artists. "It's really important for artists to try to parse the rhetoric around this. I totally empathize with artists and groups, even the most vocal ones, that are upset about it, but I think we can get past that and talk about the facts of this." Westergren believes the lower fees, which also means less of a payout to artists, would be offset by more users.

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