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New Ownership Rules Affect Form 315and 316 Filings
Washington - June 2, 2003 - Following its release of the Report
and Order concerning new media ownership rules, the FCC announced
that new processing guidelines will take effect for new broadcast
applications for assignment or transfer of control of TV and radio
authorizations. Also, certain modification applications will be
The Commission has established a freeze on the filing of all radio and
television transfer of control and assignment applications that require
the use of FCC Form 314 or 315. The forms will be revised to reflect
the new rules adopted on June 2, 2003. The freeze will be in effect
starting with the order’s adoption date, until notice has been
published by the Commission in the Federal Register that the Media
Bureau has approved the revised forms. The FCC will continue to allow
the filing of short-form (FCC Form 316) applications at any time.
Applicants with long-form assignment or transfer of control
applications (FCC Form 314 or 315) or with modification applications
(FCC Form 301) that are pending as of adoption of the order may amend
those applications by submitting new multiple-ownership showings to
demonstrate compliance with the ownership rules adopted in the order or
by submitting a request for waiver of the new rules. Parties may file
such amendments once notice has been published by the Commission in the
Federal Register that the Media Bureau has approved the information
collection requirements contained in such amendments. Applications that
are still pending as of the effective date of the new rules will be
processed under the new rules.
Petitions to deny and informal objections that were submitted to the
Commission prior to the adoption date of the order and that raise
issues unrelated to competition against pending applications as defined
above will be addressed with respect to those issues at the time the
FCC acts on such applications. Petitions and informal objections that
were submitted to the Commission prior to the adoption date of the
order and that contest pending applications solely on grounds of
competition pursuant to the interim policy will be dismissed as
Noncommercial WebcastersReach Agreement with RIAA
Washington - June 02, 2003 - A new royalty agreement will now allow
many college and K-12 webcasters to continue providing music over the
Internet, and will allow new services to begin on many campuses.
Several groups representing the spectrum of noncommercial webcasters
have successfully negotiated an agreement with the Recording Industry
Association of America that provides a royalty scheme alternative to
rates previously established by the Librarian of Congress.
College webcasters that were threatened by exorbitant royalty rates and
accompanying oppressive recordkeeping requirements will likely welcome
this agreement, which results in greatly reduced fees dating back to
1998 and continuing forward until the end of the year 2004, and total
relief from any potential recordkeeping obligations. Most college radio
stations retransmitting their over-the-air programming will see royalty
rates cut about in half, and Internet-only college stations will
benefit from even greater savings. Many college webcasters greatly
feared anticipated federal regulations requiring detailed reports of
music played over their stations. The negotiated deal totally
eliminates the recordkeeping requirements for the length of the
The new agreement with the RIAA was negotiated by Collegiate Broadcast
Incorporated, the American Council on Education and the National
Religious Broadcasters Music License Committee, with the
Intercollegiate Broadcasting System joining the bargaining team late in
the process. The National Federation of Community Broadcasters
participated in preliminary discussions, but did not complete the
In the Small Webcaster Settlement Act, signed into law in December
2002, Congress established May 31 as the deadline for noncommercial
interests to negotiate a rate structure that would provide an
alternative to fees previously established by the Librarian of
Congress. The new agreement was finalized literally just before
midnight on May 31, the deadline. Any noncommercial webcaster meeting
the conditions of this settlement will be able to take advantage of its
provisions by electing to accept the terms within 30 days of its being
published in the Federal Register by the Copyright Office. College and
K-12 stations must elect to accept the terms by October 15, 2003, for
even greater savings.
FCC Votes 3-2 onOwnership
Washington, DC - June 2, 2003 - The FCC adopted its new broadcast
ownership rules, stating that it feels the new rules are enforceable
and reflective of the current media marketplace. Following plenty of
press activity on the topic, the final vote covers nearly every aspect
of media ownership. The public record of comments total more than
According to a press release issued by the FCC, the new limits on
broadcast ownership are "carefully balanced to protect diversity,
localism, and competition in the American media system." The release
goes on to say that "The FCC concluded that these new broadcast
ownership limits will foster a vibrant marketplace of ideas, promote
vigorous competition, and ensure that broadcasters continue to serve
the needs and interests of their local communities."
The complete summary is available online through the FCC website at www.fcc.gov/Daily_Releases/Daily_Business/2003/db0602/DOC-235047A1.pdf.
Some of the leading points:
The FCC has created a Diversity Index to permit a more sophisticated
analysis of viewpoint diversity in this proceeding. The index is
consumer-centric in that it is built on data about how Americans use
different media to obtain news. Importantly, this data also enabled the
FCC to establish local broadcast ownership rules that recognize
significant differences in media availability in small vs. large
markets. The objective is to ensure that citizens in all areas of the
country have a diverse array of media outlets available to them.
The FCC reaffirmed its goal of promoting localism through limits on
ownership of broadcast outlets.
The FCC reaffirmed its longstanding objective of encouraging greater
ownership of broadcast stations by minorities and women.
The modified ownership rules adopted provide a new national and local
regulatory framework that the FCC hopes will serve the public interest
by promoting competition, diversity and localism. The Report and
Order adopts a set of cross-media limits to replace the
newspaper/broadcast and radio/television cross-ownership rules;
modifies the local television multiple ownership rule; strengthens the
local radio ownership rule by modifying the local radio market
definition; incrementally modifies the national television ownership
rule; and retains the dual network rule.
Highlights of the ownership rules:
Local Radio Ownership Limits. The FCC found that the current
limits on local radio ownership continue to be necessary in the public
interest, but that the previous methodology for defining a radio market
did not serve the public interest. The radio caps remain at the
In markets with 45 or more radio stations, a company may own eight
stations, only five of which may be in one class, AM or FM.
In markets with 30-44 radio stations, a company may own seven
stations, only four of which may be in one class, AM or FM.
In markets with 15-29 radio stations, a company may own six
stations, only four of which may be in one class, AM or FM.
In markets with 14 or fewer radio stations, a company may own five
stations, only three of which may be in one class, AM or FM.
The FCC replaced its signal contour method of defining local radio
markets with a geographic market approach assigned by Arbitron. The FCC
said that its signal contour method created anomalies in ownership of
local radio stations that Congress could not have intended when it
established the local radio ownership limits in 1996. The FCC closed
that loophole by applying a more rational market definition than radio
signal contours. The FCC said applying Arbitron’s geographic
markets method will better reflect the true markets in which radio
All radio stations licensed to communities in an Arbitron market are
counted in the market as well as stations licensed to other markets but
considered "home" to the market.
Both commercial and noncommercial stations are counted in the
market. The FCC determined that the current rule improperly ignores the
impact that noncommercial stations can have on competition for
listeners in radio markets.
For non-Arbitron markets, the FCC will conduct a short-term
rulemaking to define markets comparable to Arbitron markets. These new
markets will be specifically designed to prevent any unreasonable
aggregation of station ownership by any one company.
As an interim procedure for non-Arbitron markets, the FCC will apply
a modified contour method for counting the number of stations in the
market. This modified contour approach minimizes the potential for
additional anomalies to occur during this transition period, while
providing the public a clear rule for determining the relevant radio
In using the contour-overlap market definition on an interim basis,
the FCC made certain adjustments to minimize the more notorious
anomalies of that system. Specifically, the FCC will exclude from the
market any radio station whose transmitter site is more than 92
kilometers (58 miles) from the perimeter of the mutual overlap area.
This will alleviate some of the gross distortions in market size that
can occur when a large signal contour that is part of a proposed
combination overlaps the contours of distant radio stations and thereby
brings them into the market.
The FCC also adopted a Notice of Proposed Rulemaking on defining
non-Arbitron radio markets.
The TV rule changes are available in the FCC documentation. The
FCC’s new TV and radio ownership rules may result in a number of
situations where current ownership arrangements exceed ownership
limits. The FCC grand-fathered owners of those clusters, but generally
prohibited the sale of such above-cap clusters. The FCC made a limited
exception to permit sales of grand-fathered combinations to small
businesses as defined in the order.
In taking this action, the FCC sought to respect the reasonable
expectations of parties that lawfully purchased groups of local radio
stations that today, through redefined markets, now exceed the
applicable caps. The FCC also attempted to promote competition by
permitting station owners to retain any above-cap local radio clusters
but not transfer them intact unless there is a compelling public policy
justification to do so. The FCC found two such justifications: (1)
avoiding undue hardships to cluster owners that are small businesses;
and (2) promoting the entry into the broadcasting business by small
businesses, many of which are minority- or female-owned.
The Diversity Index
The FCC’s Diversity Index (DI) reflects the degree of
concentration in viewpoint diversity in local markets. Consistent with
First Amendment concerns, the DI does not assess diversity by looking
to the specific views expressed over a media outlet. Instead it
measures the availability of outlets of various types and assigns a
weight to each class of outlet (radio, newspaper, television) based on
their relative value to consumers. The Diversity Index is modeled on
the Herfindahl-Hirschmann Index (HHI), which is used in antitrust
analysis to measure the degree concentration in an economic market. The
HHI and the DI are derived by adding together the sum of squared market
shares of competitors in each local market. The end result of the DI is
an assessment of the degree of media diversity concentration taking
into account all of the media outlets in the market.
A complete explanation of the DI and how it is determined is included
in the FCC release at www.fcc.gov/Daily_Releases/Daily_Business/2003/db0602/DOC-235047A1.pdf.
A hearing has been scheduled for Wednesday, June 4, at 9:30 a.m. in
room 253 of the Russell Senate Office Building. The purpose of this
hearing is to discuss the FCC's June 2nd decision on various media
ownership rules with the Commissioners of the FCC. The committee also
will consider issues related to the FCC's reauthorization. Senator
McCain will preside.
Andrew to Open ManufacturingFacility in Czech Republic
Orland Park, IL - June 6, 2003 - Andrew will open a manufacturing
facility in Brno, the second-largest city in the Czech Republic. The
company has signed a build-to-suit lease with CTP Project Invest for a
100,000 square-foot facility in Brno's Central Trade Park (CTP)
industrial zone. The facility will be completed and in production by
the end of September 2003. The Brno facility opening is another step in
Andrew's restructuring plan.
The facility will employ 300 people and will be used for manufacturing
microwave antennas and other wireless equipment for European markets.
While the Brno facility is being constructed, Andrew is temporarily
occupying two smaller leased facilities in Brno.
Sony Licenses Waves AudioProcessing
Tokyo, Knoxville; TN, and Tel Aviv - June 9, 2003 — Sony has
agreed to license three of Waves' audio processors for integration into
Sony's Sonicstage Mastering Studio application. Sony will include
Waves' Renaissance Bass, S1 Stereo Imager and L1 Ultramaxizer. Sony
Vaio personal computers with the Sonicstage software and Waves
processors will be shipping worldwide in the summer of 2003.
The Waves processors integrated into Sony's Sonicstage Mastering Studio
will deliver the same features as Waves' standard professional tools.
Some additional presets for consumers have been added and there are
some minor functional limitations to simplify their use.
Digigram Announces LicensingPolicy for Ethersound
Arlington, VA - June 5, 2003 - Digigram announced at Infocomm 2003
that is has a new licensing policy for its patent-pending Ethersound
technology. The new license makes it easier and more cost effective for
pro audio manufacturers to integrate Ethersound technology into their
Under the new licensing formula, access is given to reference design
and manufacturing files for direct integration of Ethersound technology
in the manufacturers’ products. Royalty rates for licensees will
decrease based on the number of products sold, resulting in lower
per-unit rates for multichannel devices. Software vendors may get
access to the Ethersound API, allowing control of Ethersound devices
and networks under existing or dedicated applications.
Patent-pending Ethersound creates low-latency audio networks using
standard Ethernet cabling and components. Ethersound is designed to
connect digital audio sources to networked audio devices. As many as 64
channels of 24-bit digital audio at 48KHz, plus bi-directional control
information, may be transported to up to 60,000 networked audio
devices. Ethersound licensees include Fostex Japan, Nexo, Bouyer,
Innova SON and Auvitran.
Fastchannel to Open LA Office
Boston - Jue 5, 2003 - Fastchannel Network will open its sixth
full-service North American office in late July of this year in Los
Angeles. The company services over 150 California-based advertisers, ad
agencies and production resource companies, including Paramount
Pictures, TBWA Chiat Day and Initiative Media. Fastchannel currently
has offices in Boston, Chicago, London, New York, San Francisco,
Toronto and Seattle. The company’s Seattle office will
consolidate its operations to the more strategically located LA office
as part of the West Coast expansion of services.
Tannoy Expands Team, Unveils NewLogo
Kitchener, ON - June 2, 2003 -Tannoy North America has expanded its
market development efforts with the addition of veteran commercial
marketing specialist, Costa Lakoumentas. In his role of market
development, a newly created position, Lakoumentas will help the
company communicate the benefits of Tannoy technologies, products and
the organization to its commercial, professional and residental
Lakoumentas joins Tannoy with more than 20 years of industry experience
as a contractor, system designer and marketing specialist. He spent
more than four years at Mackie Designs in various roles including most
recently, corporate director, global installed products and markets.
While at Mackie he played a key role in the development of analog,
digital and acoustic products marketed under the company's various
one year ago Tannoy, merged with the Danish TC Group to form a holding
company of eight individual businesses. The resulting group of
companies continue to maintain their individual brand identities while
leveraging the diverse technical expertise within the group. Tannoy
intends to promote its enhanced setting with a unified global image and
brand message. The company's fist step in this process is updating the
Thales to Participate in DRMInaugural Broadcasts
Geneva - June 3, 2003 - Thales Broadcast and Multimedia will
participate in the world’s first, daily Digital Radio Mondiale
(DRM) broadcasts on June 16, 2003. In cooperation with
Télédiffusion de France (TDF), Thales will install a
medium-wave/AM transmitter in Mont Salève, France, and the content
will be provided by Radio France. Thales will also coordinate key
aspects of DRM’s live demonstrations on-site.
Thales Broadcast and Multimedia was a founding member of DRM. DRM is a
non-proprietary, digital system for short-wave, medium-wave/AM and
long-wave with the ability to use existing frequencies and bandwidth
across the globe.
Glassman Steps Down asDigigram President
Arlington, VA - June 5, 2003 - Digigram has announced that Neil
Glassman is stepping down from his position as president of Digigram
"My goals when I started with Digigram were to establish the company in
North America, build its reputation and hire a superlative staff. I
feel confident that all of those objectives were accomplished,"
Glassman said. "Simply put, my work here is done."
Digigram S.A., headquartered in Montbonnot, France, hired Glassman in
March 1997 to start Digigram Inc. Glassman's career in the broadcast
industry includes work with Telos Systems and Bradley Broadcast.
Glassman will continue working with broadcast equipment manufacturers
and dealers by serving as managing director of the marketing
communications company he co-created several years ago, Cowan
The Digigram Inc. staff will not change with the announcement.
Operations and product support will continue to work with Digigram S.A.
The U.S. sales staff of James Lamb and George Butts will be headed by
Miranda Hageman-van de Pol, the recently-appointed sales and
communications director for Digigram S.A. Hageman-van de Pol will
personally manage some key U.S. accounts. Overall supervision of
Digigram Inc. will be handled by Digigram S.A. managing director
Philippe Delacroix, who will assume the title of Digigram Inc.
TM Century Adds To DomesticSales Team
Dallas - June 2, 2003 - TM Century has added Mike Gwartney as its
domestic sales team regional manager-cable/post/TV. Gwartney will
market TM Century’s production and imaging libraries, and Jingle
Bank service to television, cable TV stations and post-production
Gwartney has more than 20 years of television experience. He has been
program director at KGMC-TV, Oklahoma City and KIDY-TV, San Angelo,
Texas; program director for The Family Channel, USA, Virginia Beach,
VA; VP international programming/affiliate relations for International
Family Entertainment, Virginia Beach, VA; VP international
programming/affiliate relations/consultant for FiT TV/Fox Sports Net,
Santa Monica, CA; VP/programming for Middle East Television (METV)
Virginia Beach, VA and executive director for Wisdom Works, Irving,
Mackie Releases UAD-1 Version 3.1
Woodinville, WA - June 5, 2003 – Mackie Designs has released
the UAD-1 version 3.1 software and made available a new powered
plug-in. Cambridge EQ. Version 3.1 enables multi-card support on the
Macintosh platform as well as compatibility for the Cambridge EQ on
Macintosh and Windows-based systems. Cambridge is a new a five-band,
fully parametric EQ featuring high and low cuts with a wide variety of
filter types and curves.
Version 3.1 software is a free download for registered UAD-1 owners
available via the Universal Audio website or the Mackie website.
Eventide Ships ClockworksPlugins, Provides Free Trial
Little Ferry, NJ - May 30, 2003 - To announce the shipping status of
the Eventide Clockworks Legacy plug-ins, Eventide has made them
available for download from www.eventide.com/plugins/plugdemo.html. The trial
versions are fully functional, time-limited versions.
The demo includes the H910, Omnipressor, Instant Phaser, Instant
Flanger and H949 plug-ins for Digidesign Pro Tools TDM systems. The
trail versions will function for seven days.
TC Works Ships TC Tools 3.6 forPro Tools
Westlake Village, CA - June 3, 2003 - TC Works’ TC Tools 3.6,
comprised of Mega Reverb, Chorus/Delay and EQsat plug-ins, now
complements Pro Tools with support for Mac OS X and Windows XP as well
as sampling rates up to 96kHz.
Mega Reverb’s algorithms are based on years of ongoing research
and the core technology of the TC Electronic M5000 high-end studio
processor. Features include improved diffusion, denser tails and more
realistic room impressions.
The Chorus/Delay plug-in recreates the 1210 Spatial Expander with its
modulation images such as Chorus, Flanging and Slap Delay with flexible
routing and filtering facilities. Users can also adjust the modulation
speed in beats per minute (BPM).
The EQsat plug-in is a high-performance for mastering. The processor
provides five bands; three parametric and two additional shelving
bands. The frequency response display gives instant feedback on the
applied equalization curve. Additionally, the saturation emulation can
be activated to create that warm, analog sound whenever desired.