Legal and Regulatory
The FCC proceedings in which the North Dakota Broadcasters Association and State Broadcasters Associations have jointly participated from January 1, 2009 to the present. This listing also identifies documents prepared for the State Associations in connection with the proposed Performance Tax issue pending before Congress.
20102011 FCC Proceedings
- In the Matter of Implementation of Short-term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition "Analog Nightlight" Program (MB Docket No. 08-255), Joint Comments filed January 5, 2009, reminding the FCC of the State Broadcasters Associations' work in helping to ready members of the public for the February 17, 2009 DTV transition deadline and urging the FCC to modify certain aspects of its "Analog Nightlight" program to remove disincentives to the voluntary participation in the program (program adopted by the FCC with some modifications sought by the State Associations).
- "Resolution of the Fifty State Broadcasters Associations, Including the District of Columbia and the Commonwealth of Puerto Rico, In Opposition to a new "'Performance Tax,'" dated February 4, 2009.
- In re the Digital Television Transition, Commission Open Meeting, February 5, 2009, "Written Statement of Dennis Lyle" on behalf of the National Alliance of State Broadcasters Associations extolling the "partnership" relationship between the State Broadcasters Associations and the FCC which began with the ABIP Program and has continued in connection with the efforts of the State Associations in connection with the DTV transition.
- "Proposed New Performance Fee, Levy, Tax on Local Radio Stations," dated March 9, 9009 (4 pages), identifying the key issue, the parties supporting and opposing a performance tax and the legislative posture of the issue; summarizing the arguments in favor or and in opposition to a performance tax; and setting forth the "ask."
- "White Paper on Proposed First Ever, 'Performance Tax' on the Free, Over-the-air, Local Broadcast of Sound Recordings," dated March 18, 2009 (9 pages), setting forth in detail the arguments pro, con and rebuttals, on the "bet the farm performance tax issue.
- In re the Matter of Assessment and Collection of Regulatory Fees for Fiscal Year 2009, et al., (MD Docket Nos. 09-45 and 08-65), Joint Comments filed June 4, 2009, urging the Commission, for the reasons stated therein, to reduce its annual regulatory fees and/or application processing fees both retroactively and prospective, as well as grant fee payment waivers with a station having to show that it is "in" foreclosure or "in" bankruptcy where a station shows (i) that its revenues are down substantially and employee layoffs and furloughs have been implemented; (ii) the station's loan covenants have been broken or the station is otherwise in default under its financing; or (iii) the station is on the brink of foreclosure or bankruptcy.