Membership Newsletter
July 25, 2019
SAVE THE DATE: KBA'S ANNUAL CONFERENCE
SIMPLE 4 QUESTION DIGITAL SURVEY
COMPLETE FOR A CHANCE TO WIN $50.00
KBA's Member Services Committee is asking for your input and feedback regarding digital products and marketing. This simple 4 question survey shouldn't take you more than a coupe of minutes to complete. By completing the survey, you will be automatically entered to win one of two $50.00 gift cards. Winners will be randomly drawn from all who complete the survey and will be announced in next weeks eCast. Click on the link below to begin the survey.
HENSON HONORED AS NEXT AMBASSADOR
KBA's Ambassadors held their annual meeting last week in Frankfort and have unanimously selected Mr. Ed Henson to join the ranks of their elite group. The Ambassador distinction is conferred upon the individual for a lifetime.

Henson will be honored and awarded his Ambassador jacket on October 14th at Belterra, during the annual conference.
2018 Class of Ambassadors:
Barb Smith
Chris Aldridge
Mike Feldhaus
Jim Moore
Carl Nathe

2019 Class of Ambassadors:
Ed Henson
EXCELLENCE IN BROADCASTING AWARDS
NOMINATION DEADLINE IS AUGUST 9TH
SAVE THE DATE & NOMINATE
KBA's Excellence In Broadcasting Awards
October 14, 2019, 7:00 pm at Belterra Resort & Casino

PRESIDENT'S COLUMN
Chris Winkle
KBA President & CEO

KBA/WKU TALENT INSTITUTE KICKED OFF
THIS WEEK IN BOWLING GREEN
It was again a privilege and honor to be asked to give the opening remarks earlier this week at the KBA/WKU Radio Talent Institute.

The Institute works to discover, teach and develop students to bring fresh talent into the industry today to prepare the next generation of broadcast leaders for tomorrow. 

17 students from around the state and region are participating in a 10-day intensive program which includes marketing, digital, on-air, production and so much more.

Throughout the 10 days, numerous KBA members have volunteered their time to help teach the curriculum and share their experiences.

The KBA is proud to sponsor the Radio Talent Institute and was the first State Broadcast Association in the Country to do so.
UNDERSTANDING THE EQUAL TIME RULES
ABy John Garziglia
An air personality on your radio station prerecords an interview with one of the many presidential candidates to broadcast on a regularly-scheduled interview program. Must your station afford equal opportunities to all of the other presidential candidates?

This situation just arose in the case of presidential candidate Pete Buttigieg where station management made the decision not to broadcast a prerecorded interview based upon potential FCC equal opportunity obligations (full disclosure: I have represented the subject licensee for certain matters unrelated to political broadcasting issues).

As described below, each situation of whether or not to air such an interview is a judgment call. For this aspect of the FCC’s political broadcasting rules, assuming that the segment falls under the exemption of what the FCC calls a bona fide news interview, the decision whether or not to broadcast the segment is entirely reposed in the radio station licensee.

Let’s take a look at the general situation of political candidate interviews and where such broadcasts might trigger the obligation to grant airtime under the FCC’s equal opportunity rules to opposing political candidates. Generally, any time that a legally qualified candidate for public office is on the air in a reasonably identifiable way, for four or more seconds, that appearance is a “use” which may entitle opposing candidates to equal opportunities (often erroneously referred to as equal time). Clearly, then, a political candidate engaging in a long-form interview with a station air personality is a “use.”
But, certain “uses” on bona fide news types of programming are exempt from equal opportunities. The news types of programming in which a “use” is exempt from equal opportunity obligations are: a bona fide newscast, a bona fide news interview, a bona fidenews documentary, and on-the-spot coverage of a bona fide news event. As you can see, the operative words are “bona fide.”

To assess whether a news interview program is “bona fide” under the FCC’s political broadcasting rules, the FCC primarily looks at whether the purpose of the interview on the radio station’s part is to advance an individual’s candidacy. The FCC assesses whether the format, nature, and content of the program are based upon the broadcaster’s good faith journalistic judgment. The FCC also looks at the circumstances that initiated the interview, who produces and controls the interview, and whether the interview program is regularly scheduled.

To take an extreme example, if a political candidate who is a friend of the radio station licensee was to drop by a radio station’s studio unannounced as a radio personality is voice-tracking the evening show, who interviews the candidate by only asking “why are you running,” lets the candidate drone on for five minutes uninterrupted while she gets coffee, and the segment later is broadcast on her mostly music show, that does not generally broadcast interview segments, the opposing candidates in the same political race would have a really good argument in requesting equal opportunities.

At the other end of the spectrum, if a political candidate is invited, based upon newsworthiness, to appear on a regularly scheduled radio station program in which various notable people are routinely interviewed, and the interviewee keeps control of the interview through the questions asked and the subjects discussed, in such a situation where the radio station is in full control of the content, opposing candidates would have a next-to-impossible task in making a claim for equal opportunities even if none of the other candidates were ever invited to appear.

Most situations, of course, are not extreme. The FCC, however, when confronted with questions of equal opportunities for the interview of a political candidate on a regularly scheduled program, in which interviews are generally conducted, has generally held in favor of it being a “use” that is exempt from equal opportunities. Thus, Meet the Press, Face the Nation, Today, Good Morning America, the Tonight Show with Jay Leno, and Entertainment Tonight have all been deemed to be bona fide news interview programs. So too were interviews on the Howard Stern Show, Larry King, and the Tom Joyner Radio Program, deemed bona fide.

Conversely, the FCC has ruled the following as falling outside the bona fide news interview exception: a governor’s prerecorded interview program in which his staff selected questions; a one-time interview program with an incumbent congressman concerning his experiences in office; and an interview of an incumbent district supervisor on a regularly scheduled newscast where the moderator allowed the candidate to dominate the program.

Even if a candidate’s interview appears to fall on the bona fide interview side of the exemption to equal opportunities, a licensee may choose not to broadcast the interview because it does not wish to be the subject of an FCC complaint arguing that equal opportunities are merited. In the same way as the now defunct FCC Fairness Doctrine had the effect of muzzling speech, so can the FCC’s equal opportunity rules by raising a concern for unwanted litigation and lawyer fees. After all, what licensee wants a potential fight at the FCC with multiple opposing candidates claiming free time. Simply put, a decision whether or not to broadcast the interview of a politician is wholly up to the judgment of the radio station licensee.
NATIONAL EAS TEST IS AUGUST 7TH
AUGUST 7TH @ 2:20p  will be this years National EAS test. Please check your EAS box and make sure you are receiving weekly/monthly tests from your assigned monitor stations with good audio.

If you have any questions, shoot Scott an email at engineering@kba.org.
ENGINEERING NOTES
THURSDAY, NOVEMBER 14, 2019
Columbus, Ohio

Details and registration information coming soon!
THIS ECAST IS SPONSORED BY
This eCast is sponsored by "Wedding Planning with Pem"
A sweet fit for your advertisers

DATES TO REMEMBER
KBA | Upcoming Events

Click the link to see our online calendar, view webinar dates from RAB, LBS and more!

Read more
kba.org
AUGUST 20
Awards Committee Meeting @ KBA HQ - 11:00 am

SEPTEMBER 12-14
Small Market Television Exchange (Austin, TX)

SEPTEMBER 24-27
NAB/RAB Radio Show (Dallas, TX)

OCTOBER 13
Broadcasters Cup Golf Scramble
OCTOBER 14-15
KBA's Annual Membership Conference (Belterra Casino Resort)

NOVEMBER 14
Midwest Broadcast & Multimedia Technology Conference (Columbus, OH)
HOTLINES
ENGINEERING HOTLINE
KBA’s new Engineering Hotline is up and running. If you have a question for Scott, please call (866) 4KBAHELP.



KBA ENGINEERING HOTLINE
(866) 4KBAHELP
LEGAL HOTLINE
Get answers to your everyday regulatory questions – political, EEO, public file and Kentucky legal concerns. No charges for any questions that can be answered by phone without research.

Call Dawn: 202-256-9551
Call Monica: 513-651-6783
EAS
The next required monthly test will be Thursday, July 18 @ 10:07AM (EDT) and will originate from WHAS.

Print the 2019 KY EAS Schedule by clicking here.
eCast
Did you know you can add all team
members at your station to the eCast distribution list? Simply send a list of all email addresses that need to be added to  kba@kba.org
2019 PEP SPONSORS
KENTUCKY BROADCASTERS ASSOCIATION STAFF:
Chris Winkle, President & CEO
Amber Rhodes, Executive Assistant
Lisa Gross, PEP Coordinator
pep@kba.org
Scott Cason, Director of Engineering & Technology
@engineeringKBA
Chris Winkle
KBA President & CEO
David Brinkley
KBA 2019 Chairman
Kentucky Broadcasters Association
101 Enterprise Dr
Frankfort KY 40601
888-843-5221