By Tom Mogush, Chairman, Michigan Association of Broadcasters and President/Owner, WMQT-FM/WZAM-AM, Marquette

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Senate Judiciary Committee approves Performance Tax Legislation
On Thursday, October 15, The Senate Judiciary Committee approved the Performance Tax Bill, which could mandate radio stations to pay royalties. Under the measure, broadcasters would be required by law to pay negotiated royalties to performers for playing their music on the air.

Similar to a version approved by the House Judiciary Committee early this year, the measure was amended today to include a tiered financial scale that is intended to accommodate smaller broadcasters. The Amending language allows stations making less than $50,000 a year to elect a $ 100 flat fee to play all the music they want. Mid-sized stations also would have flat-fee royalty options on a tiered basis. The bill also includes language to set the same general royalty rates across different broadcast platforms, a particular concern for Internet radio.

While the committee vote marks the furthest congressional progress yet for the bill, it is still far from becoming law. Broadcasters have successfully garnered support for S. Con. Res. 14 which currently maintains 26 co-sponsors. On the House side, H. Con. Res. 49, the Local Radio Freedom Act, has reached a super-majority 251 signatures. Michigan delegates who have co-sponsored the measure are as follows: Fred Upton, Bart Stupak, Pete Hoekstra, Candice Miller, Dale Kildee, Vern Ehlers and Mike Rogers. Thus far, neither Senator Levin nor Stabenow have agreed to co-sponsor S. Con. Res. 14.

SHVERA Moves Forward Under New Name
The Senate Judiciary Committee passed the Satellite TV Modernization Act, formally SHVERA, out of committee recently. Lawmakers approved additional provisions that require a study on phasing out compulsory copyright licenses for satellite distant network TV station signals.

Similar to the House version, the bill allows for the importation of distant signals into short markets without one of the network affiliates or a sufficiently strong signal, while technical corrections were also made to accommodate the transition to DTV. The issue of allowing satellite operators to deliver the games of local sports teams to viewers in "orphan markets" was left out of the legislation.

Many predict, however, that the issue of allowing satellite operators to deliver the games of local sports teams to viewers in so-called orphan markets is not dead. Senator Russ Feingold is expected to introduce an amendment on the Senate floor to allow satellite companies to import local news, weather and sporting events while blacking out syndicated programming and protecting network non-duplication.

The legislation is now on the Senate floor, where it awaits a vote.

Spectrum Battle Looms
FCC Broadband czar Blair Levin met with the board of the Association for Maximum Service Television (MSTV) and suggested that broadcasters might want to consider returning their spectrum in exchange for a share in the billions of dollars that would come from the auction of the spectrum to the wireless industry. Broadcasting would retain just enough spectrum so that each station could provide a lifeline standard-definition service to the millions of TV viewers who still rely on over-the-air reception.

Broadcasters considered the idea at the MSTV meeting and at a recent board meeting of the National Association of Broadcasters in Dallas. Although some were intrigued by the possibility of cashing in on their spectrum, the consensus was that broadcasters should hang on to it and move ahead with plans on monetizing it further through multicasting and mobile video.

The Levin initiative touched off concern among the broadcasters that the cash-for-spectrum plan, presented by Levin as voluntary, may turn into a government mandate if the wireless and computer industries and broadcast advocacy groups get behind it.

MAB Meets With New MEDC Chief
The MAB staff and a delegation of members from the board of directors recently met with Greg Main, the new head of the Michigan Economic Development Corporation (MEDC), to propose and discuss cooperative efforts that will help promote tourism and help spur economic growth in our state.

MAB President and CEO Karole White and Government Relations Manager David Jessup were joined by MAB board members Trey Fabacher (Vice President/General Manager, WWJ-TV/WKBD TV, Detroit), Tim Feagan (General Manager, Clear Channel Communications, West Michigan), Jill Saarela (General Manager, WPBN/WTOM/WGTQ/WGTU-TV, Traverse City) and Rob Striker (Market Manager, Cumulus, Flint). Rob Elhenicky of Kelley Cawthorne also attended the meeting.

MAB was not only able to forge a relationship with the new leadership at MEDC, but succeeded in becoming a strategic partner in efforts to increase business and tourism advertising dollars within the state. MAB will join a coalition that has, for many months, been advocating for additional state spending on advertising. MAB and MEDC were able to find common ground in the understanding that advertising is the fuel that drives the economic engine of this state and will take this message forward to the state’s top legislative decision-makers.

State budget cuts have driven tourism ad funding down 80%. Without a stable and permanent funding source, state advertising spending next year will be significantly diminished. The MAB will be working closely with the MEDC to advocate a legislative solution.

Get the latest legal updates by reading the MAB Legislative & Legal Monitor!
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Past issues are available in the Members Only section of the MAB website. Click here to view the latest Legislative & Legal Monitors.

Plan Ahead for 2010 and SAVE with your MAB Membership
Did you know that your MAB membership helps to offset the cost of many of our member programs? MAB invests in these programs to serve you, our member, for the lowest cost possible.

To assist you in budgeting for the coming year, below are the member costs for MAB programs in 2010, as well as the savings your membership provides.

Broadcast Excellence Awards
BEA Entry $35 per entry (a savings of $20 off the actual cost)
Awards Banquet $35 per person (a savings of $105 off the actual cost)

Great Lakes Broadcasting Conference & Expo
Full Conference (early registration) $149 per person (a savings of $125 off the actual cost)
Full Conference (late registration) $179 per person (a savings of $95 off the actual cost)
Lansing Center Parking $5 per day, per entry
Radisson Hotel-standard room $118 (plus 13% room tax and 6% sales tax)
Lexington Hotel-standard room $104 (plus 6% room tax and 6% sales tax)

Chairman’s Banquet & Lifetime Achievement/Hall of Fame Awards (summer event)
Banquet/Awards (early registration) $60 per person (a savings of $129 off actual cost)
Banquet/Awards (late registration) $100 per person (a savings of $89 off actual cost)
The Inn at St. John's - Deluxe room $119 (plus $12.50 tax)

MABF Golf Scramble
Entry Fee $150 per person

Political Broadcasting Webcast
Registration per person/logon FREE for members (a savings of $200 off the actual cost)

Summer Sales Seminar & Webcast
Registration per person/logon FREE for members (a savings of $400 off the actual cost)

PLUS! EEO-Friendly Programs to Build UP Your EEO File
Career and Networking Fairs $250 per booth
Internship Program $600 per intern
Station Scholarship Program $1,250 per scholarship
Student Conference Sponsorships $250 - $800

Alternative Broadcast Inspection Program (ABIP)
Starting at $475 for radio, $675 for Television; plus travel and administrative fees

Holiday Weekend Scheduling is Important
By Gary Berkowitz, Berkowitz Consulting Group

Holiday weekend scheduling is important! Put your top talent on during most listened to dayparts. MasterCard predicts the best times to shop.

With the holiday season right around the corner, this might be the most helpful information you will have when it comes to holiday schedules.

Is the busiest shopping day of the holiday season the day after Thanksgiving? Usually not, according to MasterCard International.
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The Michigan Legislature Has Introduced a Number of Employment-Related Bills
By Robert Boonin, Butzel Long

Much has been written and discussed about President Obama’s legislative agenda regarding labor and employment laws. The Michigan Legislature has also been busy this year. The following summarizes a number of wide ranging employment related bills that have been introduced which, if enacted, would affect MAB members with employees in Michigan.

HB 4162, introduced in February 2009, seeks to amend the Elliott-Larsen Civil Rights Act by extending its coverage to protect against discrimination on the basis of sexual orientation, gender identity or expression.
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Students Broadcasting to the Web
By Eric Hammerstrom, Marquette Senior High School

The Marquette Senior High School “Scriptwriting” class broadcast content via closed-circuit for more than a decade. Then, along came YouTube and everything changed. Three years ago, a student asked, “How do we make our own YouTube?” It took a year to put together, but thanks to the help of our technology department and administration, MQTube.org became a reality.
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	(l-r) MAB's Jennifer Preslar and Mary Worland

The MAB and its members hard work and commitment to the residents of Michigan earned them this esteemed honor. The MAB would like to congratulate each and every member on this accomplishment and thank them for being active and devoted members of both the MAB and their communities.

Nearly 60 entries competed for top honors in nine categories in this year's Diamond Award ceremonies.

Obituaries Mean $ for WNEM-TV
Meredith Corporation's WNEM-TV/Saginaw is bringing in revenue with on-air and online obituary advertising. In a recent article on AdAge.com, the station reports that obits could be one of the station's top ad categories within two years. The station recently began the ads after three of the four daily newspapers in its area reduced publication to three days a week. For $100, the station will run the deceased's name and photo on-air and publish a full-length obituary on ObitMichigan.com. Full-screen graphics listing names of people who have passed away are broadcast during the local station's morning and noon shows Monday through Friday, as well as on weekend morning shows. Viewers are directed to the website for more information and funeral service details.

New Program Director for WXYT-FM/AM
CBS Radio Detroit SVP/market manager Debbie Kenyon accounced that Jimmy Powers has joined the company's WXYT-FM/AM as its new program director. Powers was previously program director for WBNS/Columbus, OH and WCNN/Atlanta, GA. Kenyon said "He's a solid programmer who understands the sports format and building great team relationships. Jimmy's background and experience will be a definite asset to help the station continue to grow and dominate the Detroit market."

Bobby Holiday Joins WDZZ-FM as Program Director
PD/PM drive air talent Bobby Holiday has accepted the program director's position at Cumulus Broadcasting's WDZZ-FM/Flint. Holiday was previously program director for the the company's WMXU/Columbus-Starkville, MS.

Nobel joins Regent Broadcasting/Grand Rapids
Jerry Nobel, longtime Michigan program director, most recently at WIOG-FM/Saginaw, has joined Regent Broadcasting in Grand Rapids as program director for the cluster's WFGR-FM and WLHT-FM. Nobel will also be behind the mic as afternoon host on WLHT.

The company also announced that it has added the syndicated Bob & Tom Show to WFGR as that station evolves from an oldies format to classic hits.

Ludington's WMOM-FM Celebrates 10 Years
Bay View Broadcasting's WMOM/Ludington this month is celebrating its 10 year anniversary. In a recent story appearing in Tom Taylor's daily "Taylor on Radio-Info" newsletter, Patrick Lopeman, president and principal shareholder said: "We built the whole station for $25,000, thanks to an older transmitter and an existing transmitter site..we just didn't get sucked into a lot of costs. The #1 secret to everything we've done at Mom (WMOM) over the last decade is to limit expenses. I didn't have office furniture when we started. People who were laughing then may be out of the business today."

Lopeman added: "..the key to winning stations in small and medium markets is to find out what every worthy cause is, then go out and lead the community. WMOM has raised $250,000 for the library, a skateboard park, Red Cross, and other under-funded community agencies. We just had our tenth "Lake Jump", like the Polar Bear club thing, and we do it on the first day of Spring. We've got news every hour, from 5:55 a.m. to 5:55 p.m. And we do a lot of PSAs."

WSYM-TV/Lansing to Simulcast Statewide Radio Show
Beginning November 2, WSYM-TV will begin simulcasting Michael Patrick Shiels' Michigan Talk Network program from 6 to 8 a.m. Shiels originates his talk show at WJIM-AM from 5:30 to 9 a.m., airing on 10 other stations around the state. Sheils joins a short list of radio hosts around the country with a TV simulcast and may be one of the few hosts doing it on a local television station.

The TV station will install 6 robotic cameras at Shiels' downtown Lansing studio, including one outside, allowing the host to talk to people on the sidewalk. A 7th camera will be located at WJIM's main studio for newsman Gary Austin.

Longtime Northern Michigan Broadcaster Announces Retirement
WTCM AM’s Merlin (Zeke) Dumbrille announced on his broadcast today (9/30) that he will be retiring after 58 years on the air with WTCM Traverse City. Melin is the long time host of WTCM’s Farm & Orchard Time, heard weekdays at 11:45 am. Merlin has been the host of the show since 1963.

On his show, Merlin talks with MSU Extension Directors from the five county area about current problems growers face, and offers solutions to keep them operating at a good profit margin. He also talks with Soil Conservation Officers from the area county conservation districts, Tip of the Mitt Watershed Council members in Petoskey and area Foresters, all on a regular weekly basis.

Merlin has been with WTCM for 58 years, and serves as the Farm Director and Public Affairs Director for the station. He has won numerous local and State honors for his coverage of farm related news and information. He also covers activities for the National Cherry Festival and produced the broadcast of the entire National Cherry Festival Grand Cherry Royale Parade until this past summer when he stepped down from those duties. He is a Life Member of the Kiwanis Club of Grand Traverse Bay, and was previously a President. He is currently the President of the Traverse City Masonic Building Association, and a Corporate Member of Munson Medical Center. He is a relief motion picture projectionist at the State Theatre in downtown Traverse City. For the past thirty-three years, Merlin has been the audio technician for the broadcast of the Central United Methodist Church Sunday Services in downtown Traverse City.

Merlin and his wife of 55 years, June, have lived in Traverse City their entire lives. They've raised three children and have three grand children.

Soupy Sales: 1926-2009
Legendary TV comedian Soupy Sales passed away October 22 at a hospice facility in Bronx, NY. Sales, born Milton Supman, was best known for his daily children's television program that began on WXYZ-TV in Detroit in 1953. Beginning in late 1959, the program was telecast nationally on the ABC network. Sales later went onto other television and radio work. In March of 1993, while in Jackson for an appearance at The Michigan Theater, Sales guest hosted the morning show on WKHM-AM (photo right). Skip Diegel, who was general manager of WKHM at the time, recalls Sales asking: "Hey Skip this was fun doing radio again. When will the morning guy be on vacation next?" Skip replied: "Whenever you want to do the morning show...that's when he'll be on vacation!"

In 1998, Sales returned to Detroit and was the guest of honor at the Detroit Radio Reunion. (photo credit: Art Vuolo)

Mark Stevens Passes
Former and longtime Lansing radio program director Mark Stevens passed away October 14 at age 56. Stevens was program director of Citadel Broadcasting's WMMQ-FM from 1998 to 2005. Prior to WMMQ, he was program director of WJXQ, also in the Lansing market.

Born Mark Elfenbein in Queens, New York, he most recently was marketing manager with the Dan Henry Distributing Company in Lansing, helped manage the city's annual Common Ground Music Festival and was also president of Lansing's annual Coats For Kids Foundation.

Services were held on October 19.

Radio Hall Of Fame Event November 7
Saturday night, November 7, the Museum of Broadcast Communications' annual Radio Hall of Fame event will take place in Chicago. The event is available for airing on radio stations throughout the country via Premiere Radio Networks. Rush Limbaugh, Dennis Miller, Willard Scott and Jonathan Brandmeier will headline the roster of live presenters at the event.

For more information and a complete list of inductees, visit www.radiohof.org.

For information on airing the event live on your station, contact Kurt Kretzschmar at Premiere Radio Networks: 602-374-6351 or email: kkretzschmar@premiereradio.com.