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VAB NEWSLETTER OCTOBER 2009VA White Spaces Broadband NetworkVAB <strong>Newsletter</strong>Published monthly by the Virginia Association ofBroadcasters600 Peter Jefferson Parkway, Suite 300Charlottesville, VA 22911434.977.3716 (p); 434.979.2439 (f)www.vabonline.comPRESIDENTPAST PRESIDENTPRESIDENT-ELECTSECRETARY/TREASUREREXECUTIVE DIRECTORDoug DavisWAVY-TV, PortsmouthMichael GuldWBBT-FM, RichmondFrancis WoodWFLO-AM/FM, FarmvilleWarren FiihrWSLS-TV, RoanokeDouglas EasterASSOCIATE ADVISORYHarrison PittmanOn-Time Online Broadcast Compliance, Newport NewsBOARD MEMBERSDistricts 1 & 2Charlie (Charles) Russell WESR-AM/FM, OnleyLarry SaundersWGH-AM/FM/WVBW-FM/WXMM-FM/WXEZ-FM, Virginia BeachBob PetersonLinda ForemBob WilloughbyDennis Royer, Sr.Leonard WheelerJack DempseyTheresa KellerRandy SmithDennis MocklerDoris NewcombRobert ScutariDistrict 3WRIC-TV, RichmondWCDX-FM/WKJM-FM/WKJS-FM/WPZZ-FM/WTPS-AM, RichmondWKHK-FM/WMXB-FM/WKLR-FM/WDYL-FM, RichmondDistricts 4 & 5WBBC-FM/WKLV-AM, BlackstoneDistricts 6 & 9WFIR-AM/WSLC-FM/WSLQ-FM/WVBE-AM/FM/WXLK-FM, RoanokeWJHL-TV, Johnson City, TNWEHC-FM, EmoryWSET-TV, LynchburgDistricts 7, 8 & 10WCHV/WCYK/WHTE/WKAV/WWTJ/WZGN, CharlottesvilleWFAX-AM, Falls ChurchWJLA-TV, ArlingtonCONSULTANTSLabor Law Employment CounselJohn G. Kruchko, Paul M. LuskyKruchko & Fries1750 Tysons Boulevard, Suite 560McLean, VA 22102(703) 734-0554The first public white spacesnetwork has launched in Claudville,Virginia. It is uses sensing technologyfrom Spectrum Bridge with softwareand Web cams supplied by Microsoftand PCs supplied by Dell.During a press conference announcingthe white-spaces network, U.S. Rep.Rick Boucher (D-Va.), chairman of theHouse subcommittee on communications,technology and the Internet, calledthe deployment a “milestone” in ruralbroadband deployment.“It is our hope that this will demonstratedefinitely that white spaces canwork,” Boucher said.White spaces are services that runin the unused portion of televisionspectrum, and have been called “WiFion steroids” by Google founder LarryPage. The battle for white spaces hasbeen going on for years. IT companieslike Microsoft, Dell and Google lobbiedin favor of opening up the spectrum fordata services, particularly broadbandInternet access, while those in the broadcastingindustry vehemently opposedthe idea.In February, the National Associationof Broadcasters and Association forMaximum Service Television (MSTV)filed a lawsuit against the Federal CommunicationsCommission over its decisionto authorize unlicensed devices forsending and receiving broadband overunused television channels.“As several engineering tests haveshown, portable, unlicensed personaldevice operation in the same band as TVbroadcasting continues to be a guaranteedrecipe for producing interference,”said NAB Media Relations director KrisJones.Broadcast engineers, includingCharles Rhodes, who ran the technicalarm of the Advanced Television TestingLab, noted that digital TV signalsrequired a buffer zone (à la taboo channels)as much as did analog signals.Digital reception was--and still is--beingFirst Amendment HotlineCraig T. MerrittChristian, Barton, Epps,Brent & Chappell1200 Mutual BuildingRichmond, VA 23219(804) 697-4100worked out.Almost a year ago, in November,2008, the FCC voted to allow carriersand other vendors to deploy devices inthe unlicensed white spaces spectrumat up to 100 milliwats, and up to 40 milliwatson white space spectrum adjacentto TV channels. However white spaceswill support bigger bandwidth for fasterdownloads over longer distances thanWiFi. It also is less prone to interferencefrom walls and other obstacles.One condition the FCC placed onwould-be white spaces providers at thetime is that the devices would need sensingcapabilities that would automaticallyshut them down should they interferewith television. Devices were also to haveaccess to a geo-location database to trackthem by their IP address or media-access-controladdress or a radio-frequencyidentification tag. Once the database hada fix on the device’s location, it was tobe able to select the optimal white-spacespectrum for the device and switch thespectrum as the device moves.Spectrum Bridge provided thedatabase that ensures the white spacesdevices in Claudville do not cause interferencewith local TV signals. “The databaseassigns non-interfering frequenciesto white spaces devices, and can adaptin real time to new TV broadcasts, aswell as to other protected TV band usersoperating in the area,” the companyexplains.Tests of those early devices by theFCC were said to show that they didindeed cause the feared interference withtelevision signals, though Microsoft saidthat the device tested must have beendefective. A second round of tests on anew Microsoft prototype device apparentlydidn’t have the same problems.ESPN, the Broadway League of NewYork (an association for the theaterindustry),and other entities that use wirelessmicrophones also filed a lawsuit tochallengethe “white spaces” rules in theSecond Circuit Court of Appeals. vFCC/EEOC MattersWade Hargrove, Mark J. Prak,Marcus Trathen, Coe RamseyBrooks, Pierce, McLendon,Humphrey & Leonard, L.L.P.P.O. Box 1800Raleigh, NC 27602(919) 839-0300; Fax: (919) 839-0304
VAB NEWSLETTER OCTOBER 2009House Committee Passes LocalCommunity Radio Act of 2009The Local Community Radio Act of2009 is on its way to the full House ofRepresentatives after passing the Energyand Commerce Committee. The billwould allow for creation of hundreds ofnew low-power FM stations by eliminatingthird adjacent channel protection forexisting full-power stations.Rep. John Dingell (D-MI) brieflyrepeated his concerns about interference,but otherwise there was little oppositionvoiced in the House CommunicationsSubcommittee earlier this monthagainst the measure to repeal legislationrequiring the FCC to protect full-powerbroadcasters from interference createdby LPFM stations being placed on thirdadjacentchannels.Member after member hailed theLPFMs already on the air for the localismand service to their communities intimes of emergency. They clearly wantthe FCC to get more of them on the airas soon as possible.“Even though it’s low power, it’shighly empowering to these communitygroups,” declared Rep. Lee Terry(R-NE), one of the principal sponsorsof the bill.The NAB has argued that full powerFM broadcasters actually enhance localismby providing community responsiveinformation such as emergency information.Allowing low power FM stationsto have equal spectrum rights could bedetrimental to these necessary programs.And granting primary status to LPFMstations over FM translators could alsolead to serious disruption of full powerFM service, particularly to populationsthat rely on a relay of FM translators toreceive their FM programming. vBoucher Receives Media Institute AwardThe Washington based Media Institutehas presented Congressman RickBoucher its Freedom of Speech Award forhis efforts to establish a federal law to enablejournalists to refrain from revealingtheir confidential news sources in federalcourt proceedings. The Media Instituteis a nonprofit research foundation whichspecializes in First Amendment issuesand communications policy.Boucher authored the Free Flow ofInformation Act, which would protectreporters from being compelled to revealtheir confidential sources in federal courtproceedings. The bipartisan measurewas approved in the House of Representativeson March 31, 2009.“The assurance of confidentialitythat reporters give to sources is fundamentalto their ability to deliver newson highly contentious matters of broadpublic interest such as corruption in governmentor misdeeds in corporations.Without the promise of confidentiality,many inside sources would not reveal theinformation, and society’s opportunityto take corrective action to address theharms would not arise,” Boucher said.Thirty-six states and the District ofColumbia have statutes extending anabsolute or qualified privilege protectingreporters from the compelled disclosureof the identity of confidential sources.“Such overwhelming support for assuringthe confidentiality of journalists’sources at the state level lays bare theglaring lack of similar protections at thefederal level,” Boucher noted.To ensure that confidential sourcesremain willing to share information vitalto the public interest, Boucher’s legislationsets criteria which must be metbefore information can be subpoenaedfrom reporters in any federal criminal orcivil matter. The standards set forth in thelegislation carefully balance the publicinterest in the free flow of informationagainst the public interest in compelledtestimony.The black-tie event also kicked offthe fifth annual National Freedom ofSpeech Week and recognized the MusicMaker Relief Foundation, which promotesfree expression by assisting agingSouthern blues musicians and preservestheir musical traditions. vCOMPLIANCE TIPMembership Hasits Benefits!!!by Harrison PittmanAs you know stations with 5 ormore employees are required to engagein specific non-vacancy outreachactivities. Depending on the size ofyour market, you are required to conducttwo or four outreach activitiesover a two-year period.The list of sixteen outreach activitiessuggested by the commissionoffers a wide variety of choices likeparticipation in job fairs. Hopefully,you are taking advantage of the collegejob fair opportunities sponsoredby the VAB. These are free to membersand with the proper number andscope of participation will help youearn a point.But did you know that there isanother excellent outreach activityavailable to you as a member of theVirginia Association of Broadcasters?It is the outreach initiative describedas “participation in job banks, Internetprograms, and other programsdesigned to promote outreach generally(i.e., outreach that is not primarilydirected to providing notification ofspecific job vacancies).”You would need to do such thingsas promoting the VAB’s website JobBank with an on-air announcement;including a link to the VAB webpagefrom your station’s website; and distributingVAB Job Bank informationat job fairs or career presentations youattend. Of course, you will also needand want to use the VAB Job Bank asone of your recruitment sources forall your vacancies.What a great opportunity! Anon-air announcement that directsviewers/listeners to an exciting careerin broadcasting during a dauntingjob market; a website where qualifiedcandidates are likely to research theindustry and learn about your company,and an EEO outreach activitythat earns you a credit. vThis compliance tip has been providedby Harrison Pittman of On-Time OnlineBroadcast Compliance www.OnTimeOnlinebc.com,hpittman@ontimeonlinebc.com.
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