Membership Newsletter
July 11, 2019
FORCHT PD HONORED AS ONE OF THE BEST
Adam Preece, the Program Director for Forcht Broadcasting stations WSIP FM/AM, WKYH AM/FM, and WKLW FM in Paintsville, Kentucky, has been recognized by Radio Ink magazine as one of the best Program Directors in America. Each year, radio’s premier industry magazine releases an issue listing the top PDs in the country. Adam is the fifth current Forcht Broadcasting Program Director to be honored by Radio Ink.

Adam hosts each weekday morning on WKLW 94.7 FM the Up and At ‘Em Show, and each Thursday evening on the station listeners enjoy Adam’s Throwback Thursday program. Adam tells Radio Ink, “I honestly enjoy the programming side of things….I like putting all the puzzle pieces together a certain way and hearing it all play back later on the air.”

In 2019, Adam was promoted to the position of Program Director for the Paintsville cluster of stations. 

Adam is featured in the July issue of Radio Ink magazine.
EXCELLENCE IN BROADCASTING AWARDS
SAVE THE DATE & NOMINATE
KBA's Excellence In Broadcasting Awards
October 14, 2019, 7:00 pm at Belterra Resort & Casino

MEMBERSHIP BENEFITS SPOTLIGHT
SMALL MARKET TELEVISION EXCHANGE
The Kentucky Broadcasters Association is proud to offer a reimbursement of up to $1,000 for your attendance at the Small Market Television Exchange, September 12-14, 2019, in Austin, Texas. To receive reimbursement, you will need to submit your registration badge and receipts following the Exchange.

The KBA also has a discount registration code for members.
Please email Chris at chris@kba.org to receive the code.
PRESIDENT'S COLUMN
Chris Winkle
KBA President & CEO

FCC ADOPTS RULE CHANGES TO KIDVID,
MUST-CARRY & RETRANS ELECTIONS
The Federal Communications Commission this week updated its children’s television programming rules. This action provides broadcasters greater scheduling flexibility, enables them to offer more diverse and innovative educational programming, and relieves unnecessary burdens while ensuring that educational programming remains available to all children.

The updates reflect the myriad of changes in the media marketplace since the FCC first adopted children’s programming rules nearly 30 years ago. Children today have a wide variety of educational programming options available from broadcast and non-broadcast sources, including cable children’s networks, streaming options, and online providers.

Among other key revisions, the Report and Order:

  • Expands the 7:00 a.m. to 10:00 p.m. timeframe to allow broadcasters to begin airing children’s programming one hour earlier, at 6:00 a.m.;
  • Modifies the safe harbor processing guidelines used in determining compliance with the children’s programming rules;
  • Allows up to 52 hours a year of children’s programming to consist of educational specials and/or short-form programming;
  • Requires stations to air the substantial majority of their Core Programming on their primary program stream but allows stations to air up to 13 hours per quarter of regularly scheduled weekly programming on a multicast stream; and
  • Streamlines the children’s programming reporting requirements.

Also adopted was a Further Notice of Proposed Rulemaking that seeks additional comment on the creation of a framework under which broadcasters could satisfy their children’s programming obligations by relying, in part, on efforts to sponsor children’s programming aired on other in-market stations.

The Commission also voted to update its carriage election notice rules. Under the new rules, broadcasters need only send carriage election notices to multichannel video programming distributors (MVPDs) when first electing carriage or changing their carriage election status from must carry to retransmission consent or vice versa. These notices will be sent by email and will be posted in a broadcaster’s online public inspection file (OPIF). This approach will replace the current regulatory framework, in which a broadcast station typically must send a paper notice via certified mail to MVPDs, including each individual cable system, every three years, regardless of whether its carriage election changes.

To facilitate this new approach, the Commission also will require MVPDs to upload email and phone contact information to either the Cable Operations and Licensing System database or to their OPIF.

The Commission also adopted a Further Notice of Proposed Rulemaking, asking whether and how the modernized framework described in this Order should be extended to certain broadcasters and MVPDs that do not use the Commission databases referenced in this Order.

This weeks actions continue the Commission’s Modernization of Media Regulation Initiative to eliminate or modify regulations that are outdated, unnecessary, or unduly burdensome.
FCC BOOSTS REPACK COST GUIDES
The Federal Communications Commission has updated the cost guide for its reimbursement for moving expenses in the post-incentive auction move of TV stations to smaller spectrum quarters, boosting that cost estimate by 2.8%.
That cost guide is a catalog of expenses eligible for reimbursement from the TV Broadcasters TV Relocation fund Congress set up to compensate broadcasters for moving expenses and new equipment, as well as some MVPDs for re-tuning head-ends to receive the shuffled stations.
The guide is not an exhaustive list, but covers the most likely expenses incurred, providing a redetermined dollar amount that can be used in the absence of an actual price quote.

The FCC adjusts the price guide annually per the Bureau of Labor Statistics Producer Price Index (PPI), which was updated May 9.

Asked for an update on the repack  at a congressional budget hearing earlier this year, FCC Chairman Ajit Pai said he thought it was going well and that he thought there would be enough money to hold all those stations (and cable operators) financially harmless in the move. But he said it was not just a case of handing out money, but of verifying covered costs. 

Pai said he wanted to be able to report back to Congress that the FCC did not spend a "single dollar" on something broadcasters should be covering themselves. But he said the "core promise" of the incentive auction that broadcasters would be transitioned without having to pay "out of their own pockets" for a relocation not of their own making, was being kept.
FDA TAKING COMMENTS ON CBD THRU 7/16
By David Oxenford
We have written several articles (see our articles  here  and  here ) about the regulation of CBD and the risks inherent in the broadcast of advertisements for these products. CBD is in a legal limbo, as the Farm Act of 2018 took hemp products with less than .3% THC off the list of prohibited drugs on Schedule I of the Controlled Substances Act, but the production of these products is still subject to rules that have not yet been written by the USDA. Moreover, CBD products that are marketed as drugs or which are contained in food are regulated by the FDA and their advertising is regulated by the FTC (see  our article here ). The FDA last week published  a long article on its website  setting out the state of its regulation of CBD, noting that it was still studying the health effects of these products, as well as issues relating to the sale and marketing of CBD.  The FDA is taking comments on CBD issues through July 16 (see the  notice here  extending the comment deadline which was originally July 2), and urges interested parties to file comments on the issues raised in its proceeding.

While CBD products seem to be everywhere, in the last week, perhaps influenced by last week’s FDA article, there were two articles of note in DC publications noting the legal ambiguity of CBD products (see the  Washington Post article here  and the Morning Consult  article dealing with online advertising issues here ). These are the same issues that we have been highlighting for broadcasters over the last few months. These products are ubiquitous, but their use may not be legal in many states, and the promotion of certain uses (particularly anything that is ingested or any use claiming specific health benefits) is clearly a concern to federal authorities. So, when approached by potential marketers of CBD products, broadcasters need to carefully discuss with their legal advisors the specific advertisement and its ramifications and a make a decision whether the revenue from the ad is worth the risk of its airing in light of these regulatory uncertainties. Hopefully, the FDA and other government agencies will move quickly to resolve this legal limbo in which these products now exist.
SAVE THE DATE: KBA'S ANNUAL CONFERENCE
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
JULY 18
Board of Directors Meeting @ KBA HQ in Frankfort, KY
Ambassadors Meeting @ KBA HQ in Frankfort, KY

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
Liza Livers, 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