Don't Be a Fool Tomorrow

3-31-14

Tomorrow is not only the start of a new month, it's the day many radio hosts try to grab headlines by playing April Fool's jokes on listeners. It's Inevitable that some host will go too far and get into trouble. We thought this was a great opportunity for to revisit and share John Garziglia's column where he details the FCC hoax rule (Section 73.1217# and offers up a little advice on how to avoid getting yourself and your station into trouble tomorrow.

(by John Garziglia - From Radioink.com 3/29/2013)

The FCC?s broadcast hoax rule (Section 73.1217) prohibits the broadcast of false information concerning a crime or a catastrophe when: (1) the broadcaster knows the information is false; (2) it is foreseeable that the broadcast of the information will cause substantial public harm; and (3) the broadcast of the information does, in fact, directly cause substantial public harm.

Rather than writing the usual ?Groundhog Day? type of column that appears every year at this time from communications attorneys warning against April Fools Day stunts that violate the FCC?s broadcast hoax rule, I would rather take the approach of what is allowed on April 1st.  Such an approach, however, is difficult.  Even if the broadcast hoax rule itself, which is paraphrased above, is not specifically violated, there are many other April 1st stunts such as joke contests, or use of EAS tones even if to warn of sunshine and blue skies, that would violate FCC rule sections and policies. 

The FCC?s broadcast hoax rule, adopted in 1992, is specific.  The prohibited ?public harm? that occurs as a result of the broadcast of false information concerning a crime or catastrophe must begin immediately.  Further, it must cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties. 

The FCC says that ?the public harm will be deemed foreseeable if the licensee could expect with a significant degree of certainty that public harm would occur.?  Further, the FCC states that a ?crime? is any act or omission that makes the offender subject to criminal punishment by law, and a ?catastrophe? is a disaster or imminent disaster involving a violent or sudden event. 

The broadcast hoax rule was adopted expressly to prohibit broadcast hoaxes that are harmful to the public.   A radio broadcast that is harmful to the public also invariably exposes the station to potential civil and criminal liability. 

Interestingly, the FCC, in adopting the prohibition against broadcast hoaxes, gave as an example of a broadcast that would not be covered under the rule, a broadcast about amoebas invading the city, stating that this was an ?obvious hoax?.  On the other hand, the FCC noted that the broadcast of a mock nuclear attack on the United States with a siren sounder, was not an obvious hoax and merited a $25K fine.  Likewise, a false report of a nearby volcanic eruption merited an admonishment to a radio station prior to the adoption of the actual hoax rule (this was a Los Angeles station ? perhaps if the station had been in the middle of Kansas it would have been obvious?). 

In adopting its hoax rule, the FCC stated that it was not its intent to ?restrict harmless pranks, or to deter broadcasts that might upset some listeners but do not pose a substantial threat to public health or safety?.  Unfortunately, these words of the FCC come as close as anyone can come to saying in today?s regulatory environment what is acceptable for a radio station April Fools Day prank.  If a station is wrong and receives an Enforcement Bureau inquiry letter as a result of a broadcast hoax, the joke will be upon it.  

John F. Garziglia is a Communications Law Attorney with Womble Carlyle Sandridge & Rice in Washington, DC and can be reached at (202) 857-4455 or jgarziglia@wcsr.com. Have a question for our "Ask The Attorney" feature? Send to edryan@radioink.com.

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(TALENT) Tomorrow Is Here

9-5-2012

Like a dog that won?t let go of its one and only ancient, shredded bone ? even though it's completely bereft of any further nourishment ? radio talent and programmers dig in and insist they are effectively communicating in a one-to-one fashion. But then, why would they do otherwise? Until a viable alternative is presented and applied, talent would be lost in the wilderness without an element that provides, at most, a false sense of security.

There are a few powerful and false assumptions in play here.

Assumption #1. Radio is, exclusively, a direct medium. No, it is not. Radio is far more effective when approached as an indirect medium. A personal conversation in the same environment ? where people have visual and kinesthetic (touch) proximity and where each voice can be heard ? is a direct form of communication. A telephone chat, although missing the visual and kinesthetic elements, is still a direct form of communication. But, even here the waters are muddied because the phone is an electronic medium and, as such, introduces a different set of neurological dynamics to a conversation. Still a direct or one-to-one form of communication it is. A speaker in front of a group tinkers on the edge of a direct communication in that some feedback is available in the moment. But, unless audience participation is invited or a heckler breaks loose, the one-to-one opportunities are rare and, as often, arbitrary.

Assumption #2. There is nothing new in radio and, therefore, radio has no secrets. Those are comments about awareness. I argue they are, rather, comments about a lack of awareness. In these articles I have been insisting that a different and transformational methodology of communicating through an electronic medium not only exists, but has been thoroughly implemented and tested for years ? on the radio! The working and practical fact is: Everything concerning radio about which I have no up-to-date knowledge can be categorized as both ?new? and a "secret." To me. I suggest, in this, I am not alone.

Meanwhile and as if to counter my own argument, there are indeed times when radio is being utilized and presented as an indirect medium. This phenomenon comes about during those delicious and glorious moments when on-air presenters are either talking to each other or a guest/caller on the air. In those sometimes extremely satisfying minutes, the listeners are no longer the direct target of the speakers. They are, instead, in a position to participate in, let?s say, a once removed listening experience. The 37-cent term for that is: a ?vicarious association."

However, when one of the on-air presenters turn their attention to the audience and begins speaking to him/her/them directly, the fantasy crumbles; the party?s over and the lights flicker and dim. This is the situation, particularly for any talent who is working alone; it?s the case for almost every commercial on the air and it is definitely the case with station promos and splitters. This is also when a completely different approach and skill-set is required. Further, I am not surprised that broadcasters have not picked up on this massive distinction. It took me the first 16 years of my career before I even considered these matters.

Meanwhile, because of the ongoing discourse and my unwillingness to spill all the beans in public, this direct/indirect distinction is only an opening introduction to a complete set of techniques and methodologies that may, in due course, be a spectacularly important element in the regeneration of radio?s fortunes.

What all this means to broadcast owners and management is they are going to have to acknowledge that communication emanating from talent is the only element that will save radio?s bacon. And if ever there were a porker than needed saving, it?s the least desirable advertising medium of all ? our little drove of piggies.

Talent has history. There was a time when every station had talent hanging from the rafters ? hardly ever enough, but a number that would allow a station to be ?live? at all times. Plus, there were many others in smaller markets who had also paid their dues and were intentioned on making it to The Show. Were those really ?the good ol? days?? For those of us who made it to the Majors and were making killer bucks for a few hours of presenting ourselves as skilled and talented performers, indeed they were. And better still. While we were part of a group of at least 12 performers per station, we were still among an elite ? those who could deliver the goods, the numbers, and the accounts.

There would be a misrepresentation here if I just unloaded with the ?It was all so very far out and groovy? spiel. It wasn?t all that great. Not all the time. For the large majority of on-air presenters, the bar wasn?t all that high. Most people on the air had little to say. But, they did say it poorly.

I am completely satisfied that sophisticated programmers and managers of the day had already been influenced by their own intuitions and were ready to start gutting the talent-base well before the trend was established in the early '90s. The severe limitations placed on the vast majority of jocks working Top 40 formats are a clear indication that programmers were unwilling to let their talent fly off the handle to do their thing any more than would allow a crew of drunken party-goers play with the host?s loaded weapons.

To be sure, in the culling that followed, the good went out with the indifferent and the incompetent. What remains are a few examples of excellence on the part of talent and a whole lot of incompetence ? tied up and constrained as they might be.

For those who may not have had or heard the experience, we were on the air a lot in each hour. The difficulty was in finding enough time to run down the hall for a pee-parade before the next set was up. Today, in most day parts, the talent can do their grocery shopping before they have to be back on the air ? babbling innocuous burblings about matters of little or no consequence except maybe the station. And doing so poorly.

Still, talent makes up the difference that will be making any difference. This is not an argument, but a statement. Anybody who wants to argue is urged to take it to the chaplain. Talent on the air, talent in the creative departments, talent in the voicing of commercials, and talent in the programming departments are all required ? and right now. The days of PDs administering prison discipline as an effective means of generating exemplary programming have been over for a very long time.

The challenge to train and develop new and/or used talent falls on the shoulders of program directors and I am disappointed to claim that, as a group, they are ill-equipped to rise to the challenge and bring off a successful conclusion. It?s not their fault. It?s in the deleted and suppressed portions of the gene pool of radio. Indeed, we suffer as the result of weak breeding. The training in, and application of, better, more effective forms of broadcast communication is well overdue.

The realities are not about to change in that radio is currently under extraordinary pressure from without and from within. We need to take action and we need to do it now. Tomorrow is already upon us.

Ronald T. Robinson has been involved in Canadian Radio since the '60s as a performer, writer and coach and has trained and certified as a personal counsellor. Ron makes the assertion that the most important communicative aspects of broadcasting, as they relate to Talent and Creative, have yet to be addressed. Check out his website www.voicetalentguy.com

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Entercom Takes Control of KBLX in S.F. Tomorrow.

4-27-2012
Entercom says it will begin operating KBLX in San Francisco under a time brokerage agreement (TBA) beginning Tuesday, May 1 and Steve Harvey will take over mornings on May 7th.  The U.S. Bankruptcy Court for the Southern District of New York has approved the TBA and the sale of KBLX to Entercom.  The closing of the transaction is subject to certain customary closing conditions, including approval of the Federal Communications Commission, and is expected to close later this year. 

The Steve Harvey Morning Show will begin broadcasting at 6am on Monday, May 7. Steve Harvey is not just a radio personality?he?s a television host, best-selling author, and a brand-name comedian.  Harvey?s first book Act Like a Lady, Think Like A Man, spent 60 weeks on the New York Times Best Seller list and is currently the #1 movie in America.

?Entercom couldn?t be more excited to start working with a tremendous heritage brand like KBLX.  KBLX has done a magnificent job of serving the local community, and we look forward to continuing to do that at Entercom,? said Dwight Walker, Entercom San Francisco Vice President and Market Manager.  ?Adding Steve Harvey in the morning makes KBLX better. His mass appeal will resonate with KBLX listeners and bring in a wider audience over time. Steve?s success in markets across the country will make a difference with our clients and advertisers.?

"KBLX has a long history in San Francisco and I truly feel blessed to be a part of their lineup. A special thanks to my friends at Entercom for their confidence in bringing The Steve Harvey Morning Show to the Bay Area. This has been a great week for me,? said Steve Harvey. ?I have the number #1 book and movie in the country at the same time. Now, I'm in the Bay Area, and I want to continue this winning streak! I will be waking KBLX listeners up every morning with inspiration and a whole lot of Funny!?

(4/29/2012 11:46:21 PM)
I am a long time fan of KBLX'smorning show. Although I like Steve Harvey and have followed his career since his stand up days, he is not a replacement for Kevin Brown and the current KBLX morning crew. I guess I will have to try another radio station as this move is not acceptable to this listener.
(4/28/2012 10:59:26 PM)
As a family, we listen to Kevin and Nikki in the mornings on the way to work and school. This is a very sad day for all of us, and I wish Kevin and Nikki the best. They will be TERRIBLY missed on our HWY 80 commute.....
(4/28/2012 10:05:06 PM)
Wth? Nooool one want Steve in the morning..horrible move...I also heard that Antione Davis was fired too...smh..
(4/28/2012 7:47:33 PM)
NOt a good move!!! Kevin is a bay area favorite!! You will loose alot of BAY area listners!!
(4/28/2012 2:08:59 PM)
As a long time, older listener of KBLX, I am very disappointed that the station has been sold and that Kevin Brown will no longer be a part of the line-up. I enjoyed the morning banter that he had with Nikki and I liked the music, especially the "Old Jams", ie: Gladys, Temptations, OJays, Aretha, etc.

I'm sure Steve Harvey will be great, but he's too edgy for me and he's eliminating home town favorites, so you'll probably lose me as a listener. Do you plan to get rid of the Gospel part too?

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Radio Show Starts Tomorrow

The 2011 Radio showed co-sponsored by the Radio Advertising Bureau and National Association of Broadcasters kicks off Wednesday at the Hyatt Regency in Chicago. The Radio Wayne awards will be given out Wednesday at the 11:45AM Advertiser Luncheon. The Leadership Breakfast is at 7:45AM Thursday morning and the Marconi Awards are 6PM Thursday night. If you plan to attend here are just a few of the management panels you may want to attend while at the show.

Brand Relevance via Community Service
September 14   ?   9:00 a.m.  -  10:15 a.m.
Learn how to become a cornerstone in the community and gain brand relevance through your community service efforts.
Moderator
? Heidi Raphael, Vice President Corporate Communications, Greater Media
Panelists
? Mike Boen, Managing Partner, BL Broadcasting
?  Mary Ellen Kachinske, Program Director, WTMX-FM
? Denyse Mesnik, Vice President of Corporate Communications, Beasley Broadcast Group 

Radio?s Back with Builders
September 14   ?   10:30 a.m.  -  11:30 a.m.
Radio?s a great business; companies are growing, investors are back and new companies are forming to take advantage. These people are betting on its future.
Moderator
? Tom Langmyer, Vice President and General Manager, WGN
Panelists
  ? Jay Meyers, Chief Executive Officer, Adelante Media Group
? Ginny Morris, Chair, Hubbard Radio
? Susan Patrick, Executive Vice President, Patrick Communications

What?s the Real Deal With Daily Deals?
September 14   ?   2:15 p.m.  -   3:30 p.m.
Daily, weekly, on-air or online; What?s the REAL DEAL with deals? From Groupon to Google the ?DEAL? space has become a crowded and competitive field. Hear from industry experts on what you really need to know to compete and excel in discounts and deals.
Moderator
? Ezra Kucharz, President, CBS Local Digital Media
Panelists
? Mark Fratrik Ph.D., Vice President, BIA/Kelsey
? Jennifer Norris, Digital Sales Director, Clear Channel Cleveland
? Andrew Schulze, President and CEO, incentRev

Go HERE for a look at all the sessions at the 2011 show.

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Tom Joyner to Air 9/11 Tribute Tomorrow

The Tom Joyner Morning Show will acknowledge the 10th Anniversary of 9/11 with a tribute show honoring the thousands of people who lost their lives and those whose lives were forever changed due to the tragic events on that fateful day. In the weeks' following the nation's pain Tom Joyner urged his audience to send much needed funds to support those families who lost loved ones in the World Trade center and Pentagon tragedy. The Tom Joyner Morning Show contributed close to $1 million dollars to the families of janitorial workers, caregivers and those families who lost their breadwinners.

Among those profiled the broadcast include:
- Dawn Glazer - 9/11 Survivor Dawn Glazer, pulled from ash and debris, who still receives physical therapy and suffers from Post-Traumatic Stress Disorder (PTSD) received assistance from the BlackAmericaWeb.com Relief Fund to help with her rent and other financial needs.
- Brenda Kegler -9/11 Pentagon Attack victim Brenda Kegler with 30 years of government service , was a loving  Mother/ Grandmother of 2 grown daughters & a grandson; the BlackAmericaWeb.com Relief Fund came to the aid of her daughter Belinda Bennett with financial assistance.
- Irene Smith, Mother of Fallen Fire-Fighter, Son, & Hero- Leon Smith, Jr. of Ladder 118. The BlackAmericaWeb.com Relief Fund assisted twin daughters Tiffany and Yolanda Smith in helping them stay in college after the loss of their father. She has since then started a Scholarship Program for students who might not otherwise be able to afford college. So far they have raised $50,000 and helped 12 students get a higher education.
- Stephanie Irby - 9/11 victim Stephanie Irby, an Accountant for a Financial Services Firm on the 98th floor in Tower One, was planning on using her own savings to open a college fund account for her 2 year old niece, Cecilia.  The BlackAmericaWeb.com Relief Fund helped her sister Pam and baby niece Cecilia Melton who both shared an apartment with their sister/aunt Stephanie.

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Entercom Reports Tomorrow, Cumulus Friday.

As radio gets ready to close its books on a second quarterly of mostly flat earnings, two more companies will report in this week. David Field will report Entercom numbers to Wall Street tomorrow and Lew Dickey will inform investors how Cumulus did on Friday. Entercom revenue was up slightly in Q1 and Field was hoping the natural disasters in Japan were "nothing more than a speed bump." Tomorrow we'll find if the automotive category was still pulling last minute cancelations on Entercom as it did in Q1.

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