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A long way to fall in order to afford a home: interest rate rise and house prices surge in 2021
The latest Home Affordability Report shows an overall decline in national affordability over the most recent quarter, largely driven by soaring house prices and an increasing interest rate.Grasshoppers show how alpine fauna will be lost as global temperatures rise
New research indicates anthropogenic climate change will result in a quarter of Aotearoa New Zealand's alpine grasshopper species becoming extinct.New Zealand's communication of volcanic risk under the spotlight
New ground-breaking research could drive fundamental changes to the way New Zealand agencies communicate and respond to volcanic risk.New research calls for consistent guidance during euthanasia of stranded cetaceans
New research reviewing the standard operating procedures for euthanasia of stranded cetaceans across Australasia has highlighted the need for more detailed guidance and consistency.Male athletes needed for ground-breaking blackcurrant juice and caffeine study
A School of Sport, Exercise and Nutrition study is looking to determine whether a blackcurrant juice and caffeine combination will benefit sports performance in male athletes.Study finds users of unmanned aircraft need to view risk mitigation more holistically
A study has found that users of unmanned aircraft need to take a more holistic approach to identifying and mitigating potential risks before undertaking a flight.Research reveals new insights into the biology of New Zealand's pilot whales
New biological insights into mass strandings of long-finned pilot whales has just been published in the Journal of Mammalogy. Research article explores lethal pulsing inside pyroclastic surges
A research article, co-authored by a team of scientists from New Zealand, Italy, the US and Switzerland, provides new insights into lethal pulsing inside pyroclastic surges.Two Massey projects awarded Unlocking Curious Minds funding
Two Massey projects have been awarded funding through the Ministry of Business, Innovation and Employment's (MBIE) Unlocking Curious Minds contestable fund.National deterioration in rental affordability both quarterly and annually
The latest Rental Report shows a national deterioration in rental affordability both quarterly and annually, with declines in rental affordability in seven of the 16 regions in the last quarter.Survey shows franchise sector has grown in contribution despite the pandemic
The annual turnover of business format franchises in New Zealand has grown by $9.2 billion in the past four years, according to the latest Franchising New Zealand 2021 report.Massey researchers awarded Earthquake Commission Biennial Grants
Three Massey University researchers have been awarded a total of nearly $200,000 from the Earthquake Commission, to help New Zealanders better understand our natural hazard risk and identify ways to reduce the impact of those hazards.Researchers receive Rutherford Medal
The He Kāinga Oranga/Housing and Health Research Programme has been awarded the Rutherford Medal.Rising house prices and increase in interest rate lead to decline in home affordability
The latest Home Affordability Report shows an overall decline in national affordability over the most recent quarter, largely driven by soaring house prices and an increasing interest rate.Factsheets on preventing plastics pollution in the Pacific launched
A range of factsheets focused on preventing plastics pollution in the Pacific have been produced by Massey's Dr Trisia Farrelly and Dr Sascha Fuller of The University of Newcastle.Level of expenditure above NZ Superannuation continues to increase
The average retired household continues to spend in excess of New Zealand Superannuation, highlighting the importance of preparing for retirement.Which sports drinks are best for hydration?
Hypotonic drinks ingested during exercise hydrate better than isotonic, hypertonic, and water-based sports drinks, according to new research.Microplastics revealed in New Zealand marine mammals for the first time
Scientists have found microplastics in all New Zealand dolphins they examined, a new study has revealed. HRC funds study of mātauranga Māori (traditional knowledge) of nutrition-related wellbeing
Dr Nikki Renall, Taranaki, has been awarded a Māori Health Research Postdoctoral Fellowship grant from the Health Research Council of New Zealand.Saving crucial seconds before an earthquake hits
Many of us know that feeling when an earthquake hits - sometimes our first thoughts are wondering whether it is even an earthquake, which means potential life-saving seconds are lost before we take action.Don Imus
In a civilized society, there is an ever-changing social compact regarding words or points of view which, for the lack of a better term, are socially incorrect.
I have great problems with our government trying to legislate which words or points of view are socially incorrect. Thank goodness for our First Amendment.
But, I have little problem with others calling someone on the carpet for the expression of words or points of view which are so hurtful, insensitive or offensive that they simply have no place being publicly stated.
Don Imus must have missed the last few decades of life in America. Today, it is absolutely unacceptable to joke or make derogatory comments about a person's racial characteristics, particularly when doing it in a way that casts aspersions upon them. What Don Imus essentially said, if I understand his vernacular, was to call the women athletes "black whores".
Our radio industry should take the lead and serve as an example to our communities in commentary, entertainment, and music. We should never accept programming that breaks the social compact on those few words or points of view that are verboten (there are not many such words in today's world -- just look at how pervasive the use of the F-word has become), unless it is because we believe that society is wrong to regard the words or point of view as socially incorrect.
I wish I could think of another term rather than "socially incorrect" to describe Don Imus' comment as that term might have left-wing or liberal implications. Socially incorrect, in the sense in which I am using it, identifies those few words and points of view which our collective society in general have agreed have no place in civilized conversation. "Socially incorrect" today includes derogatory comments about any established religion or nationality. Think of the firestorm that would erupt if a derogatory comment was broadcast about Catholic or Jewish persons or their religious practices, or attributing German WWII atrocities to Americans of German heritage. Derogatory comments about sexual persuasion have also made it into the "socially incorrect" category. Isn't it interesting, however, that, for a time not too many years ago, jokes about people of a Polish heritage were acceptable.
Don Imus apparently recognized his error immediately as he is profusely apologizing (or, more likely, someone on his station's staff called him up and asked him how he could have said what he said). Unfortunately, as many of us have learned the hard way, apologies do not always work when some things are said.
The reason that apologies will not suffice for Don Imus is because of what I observe above -- it appears that he must have missed the last few decades in America as he still thinks it is sport and funny to deride people of color. As one broadcaster I know notes, Don Imus' comment was simply racist, which is wholly unacceptable in today's world.IBOC HD Radio Decision Finally Adopted by FCC
The FCC today adopted a decision on digital radio that does the following:
(1) HD operation will now be allowed without prior authority, even for dual antenna operations. Thus, no further need to apply for STAs for dual antenna operations.
(2) Nighttime AM HD operations are now authorized.
(3) HD operations by FM translators, FM boosters, and LPFMs are now authorized.
(4) The main channel of HD operations must simulcast the analog programming.
(5) HD2 and HD3 operations may proceed without prior authority. Thus, no need to apply for experimental authority for HD2 and HD3 operations.
(6) Broadcasters may lease HD2 and HD3 channels to third parties.
(7) There is no mandatory conversion schedule for HD broadcasting. Also, no exclusive digital only operations will be authorized at this time.
(8) The issue of whether there should be additional content control requirements (i.e. restrictions on the ability of receivers to archive programming) is deferred.
(9) The FCC is seeking further comment upon the amount of subscription services that may be run, and whether there should be additional public interest channels on the digital channels.
Once the Commission releases the Report and Order on this decision, more will be known about the nuances. For now, however, it is encouraging to see that AM HD nighttime broadcasting is authorized, that translators and LPFMs can broadcast an HD signal, and that the time-consuming requirements to file for STAs and for experimental authority for some HD broadcasting has been eliminated.
2007 Broadcast Station Local Public File Checklists
The Federal Communications Commission's Enforcement Bureau and its Regional and Field Offices has shown no let-up in enforcing the Commission's local public file rules. In an effort to assist stations in compliance with the local public file rule, we have created one page local public file checklists for commercial broadcast radio and TV stations for each of the 50 states, territories and the District of Columbia. These one page local public file checklists may be accessed by clicking on this link: 2007 One Page Broadcast Station Local Public File Checklists.
Once each quarter, on January 10th, April 10th, July 10th and October 10th, stations are required to place into their public file a listing of the most significant issues in their community and a listing of the programs that were broadcast addressing these issues. In addition, at various times, often based upon the state in which a station is licensed, broadcast stations are required to place in the local public file EEO material, copies of ownership reports, copies of authorizations, materials required by the political broadcasting and children's television rules, and a variety of other materials. Conversely, there are many materials that are only needed to be kept in the local public file for a set amount of time after which those materials should be removed.
In order to keep your station's local public file up to date, it is recommended that one of your staff be assigned to periodically go through the station's public file using the 2007 One Page Broadcast Station Local Public File Checklists.NTIA Creates New $1.5 Billion Consumer Equipment Market
The National Telecommunication and Information Administration of the US Department of Commerce (NTIA) on March 13 created a new $1.5 billion dollar market for consumer settop equipment designed to convert digital television signals to analog signals. Pursuant to the Digital Television Transition and Public Safety Act of 2005 Congress will require all television broadcast stations to cease operating on the analog channels they currently use and broadcast only digital signals. Read more...AMs on FM Translators
While the FCC is considering a petition for rulemaking filed last summer by the NAB to allow AM stations to be carried on FM translators, the FCC has gone ahead and granted two AM stations special temporary authority to proceed now with rebroadcasting their stations on FM translators. The stations are WRHI(AM) and WGNS(AM), and the FCC letters granting the STAs can be read by clicking on the station call letters. Whether these STA grants will unleash a torrent of similar requests for waivers to the FCC is unknown but is a possibility.January 19, 2007 is Effective Date for FCC's City of License Change By Application Rules
The FCC's new radio station city of license change rules, informally known as "Allocations Streamlining," will be effective on January 19, 2007 as a result of being published in the Federal Register. On that same date, the Commission is lifting its freeze on the filing of new petitions for allocation rulemaking, a freeze that has been in place for almost one and one-half years.
The most important rule change made is that city of license changes for both AM and FM stations, commercial and non-commercial (but excluding expanded band AM stations) may now be obtained through the filing of a minor change application. This is to be contrasted with the previous city of license change process where, for FM stations, a paper intensive petition for rulemaking process had to be used, and for AM stations such changes could only be applied for during FCC-specified windows.
It is expected that a great number of applications for radio station city of license changes will be filed on the effective date of this rule change. This has two ramifications for existing radio broadcasters. If a broadcaster is contemplating a city of license change, now is the time to take steps to be ready to file on January 19, 2007 when the rule becomes effective, as earlier filed applications will have an absolute priority over any later-filed conflicting applications. (All applications filed on the same day are deemed to have equal priority.) Additionally, even if a broadcaster is contemplating only a transmitter site change that is acceptable under the existing rules, any one of the expected flood of applications might possibly conflict. Therefore, broadcasters who are contemplating changes that may be filed now are advised to proceed with such applications prior to the effective date of the new rules.
A change made to the rules that will not have a substantive effect on broadcasters is that petitioners seeking a new FM allotment must now file a complete FCC Form 301 along with a several thousand dollar FCC filing fee at the same time that the petition for rulemaking or counterproposal is filed. Previously, the only cost to someone requesting a new FM allotment was the cost of preparation and postage. There have been instances of a single individual filing for hundreds of new allotments across the United States, yet when these same allotments came up for auction, that individual did not seek any of the allocations that it previously had requested. This may be a case of the Commission making a change that should have been made years ago. Nonetheless, this new requirement should help ensure that new allotment petitions for rulemaking and counterproposals are filed only by one who has a real interest in the allotment. As an aside, this new procedure should also stop the somewhat scurrilous practice of filing for a new allotment using only a fictitious name without identifying the individuals behind the allotment request. Now that an FCC Form 301 must be filed for a new allotment, identifying information must be made public at the time the allotment is requested.
Another change is that petitions and other comments filed in allocation rulemaking proceeding may now be submitted electronically through the Commission's ECFS electronic filing system. Previously, all allocation filings had to be submitted on paper with the result that it was often weeks before participants in a particular docket knew what was filed by others. As electronic filing is not mandated, however, this does not remove the possibility that pleadings will still be filed on paper with consequent delays in those pleadings being entered into the Commissionas database systems.
A rule change not adopted was a proposal to loosen the restriction on changing the city of license for the sole radio station licensed to a particular community. The Commission's present policy of only entertaining such city of license changes in the most extreme circumstances will continue, which means it will remain nearly impossible to move an operating, existing station from a community to which it is the only radio station licensed. It should also be noted that all of the Commission's other Section 307(b) policies and technical criteria remain in place regarding moves with the result that many desired city of license moves may be difficult to accomplish.
Under the new rules, up to four contingent applications may be filed to upgrade or to seek city of license changes. This limit of four is an unexpected by-product of the new rules. Previously, using petition for rule making procedures, there was no legal limit on the number of moves and changes that could be requested, provided that consent was obtained from all but two of the stations being moved or otherwise being changed. Now, since moves and upgrades of existing stations must be filed using the new application procedures, the already existing limit of four contingent applications imposes a largely unwelcome limit on many move/upgrade scenarios. Notably, however, changes in reference coordinates, presumably for both vacant allotments and for authorized facilities, are not counted against the four station limit on contingent applications.
In addition, the Commission has stated that where a station, as part of a contingent application group, is being moved to a non-adjacent channel, that move must also be accomplished through an application rather than through a petition for rulemaking process. This could be a significant benefit to some city of license change or upgrade scenarios where previously the fact that a station was being moved to a vacant allotment could have engendered a blocking counterproposal. Now, filings are protected against any conflicting proposals filed at a later date.
Even if you are not contemplating any immediate moves or upgrades, you may be approached by a third party seeking your consent to a change in your station's facilities in exchange for a payment. Such an offer should be evaluated carefully on both an engineering and a legal basis. If someone approaches you about a consensual change to your station's facilities, the chance is that the requested move is part of a puzzle of moves that has the potential to significantly increase the value of one or more stations.
Whether you are contemplating an arrangement by which your station may be moved or upgraded using the Commission's new rules, or whether you are approached by another to obtain your consent to a change in your station's facilities, involving legal counsel at the earliest opportunity is a prudent idea. There are many legal and technical pitfalls involved in a city of license change and having an experienced communications attorney assisting you will be to your benefit.March FM Auction Filing Dates Announced
The FCC, in a document titled Auction of FM Broadcast Construction Permits Scheduled For March 7, 2007; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments and Other Procedures For Auction No. 70, announced a filing window for the filing of FM Auction Short Form Applications commencing on December 6, 2006 at 12:00 noon eastern time and ending on December 19, 2006 at 6:00 p.m. eastern time.
Once the Short Form Applications are filed, auction upfront payments are due no later than February 5, 2007 at 6:00 p.m. eastern time.
The FM auction of some 121 FM construction permits, which are listed in the FCC's Attachment A, will be auctioned in Auction #70 scheduled to commence on March 7, 2007.TV Indecency Revisited
On a voluntary remand from the 2nd Circuit of the U.S. Court of Appeals, the FCC on November 6, 2006 gave a second look to its earlier determination that four television programs, "The 2002 Billboard Music Awards," "The 2003 Billboard Music Awards," "NYPD Blue," and "The Early Show", contained indecent and/or profane material. You can read a copy of this latest FCC decision at this link.
This second look comes as the result of broadcasters' complaints that they should have had an opportunity to present their views to the Commission before the Commission issued its prior March 15, 2006 TV indecency decision.
The Commission found that that comments made by Nicole Richie during "The 2003 Billboard Music Awards" and by Cher during the "The 2002 Billboard Music Awards" were indecent and profane as broadcast, but that the complained-of material aired on "The Early Show" is neither indecent nor profane.
The FCC's decision that the use of the word "bullshitter" in "The Early Show", a news program, is not actionable indecency, is most interesting. The Commission has a quandary. On one hand, there is the First Amendment. On the other hand, there is intense political pressure for the Commission to reign in the broadcasts of those words that have unquestionably, for better or worse, become the vernacular of many segments of our society. Thus, the Commission appears to say that it is acceptable for broadcasters to report the news if it includes verboten words, but not OK to entertain a broadcast audience with those same words.
Even with the indecency pass given to news programs, however, there is no doubt that the Commission will sooner or later again tag a news program for indecency. Previously, the FCC had no problem doing so for the San Francisco "KRON 4 Morning News" TV news story on the local stage show "Puppetry of the Penis" in which a sheet covering the relevant body part slipped off.
Thus, despite the apparent news program exception, broadcasters should continue to be wary of any programming that falls under the Commission's broad and fluid indecency/profanity definitions.
The FCC's November 6, 2006 decision reads as if it is a draft of the arguments that the Commission intends to present to the 2nd Circuit in its attempt to keep intact its indecency/profanity regulatory scheme. It makes interesting reading.AM/FM Allocations Streamlining Adopted by FCC
The FCC at its meeting this morning (11/2/2006) adopted the "Allocations Streamlining" item which allows for AM and FM stations to change city of license through the filing of a minor change application. Previously, to change a city of license, an FM station had to use rule making procedures, and an AM station had to wait for a major change window. The Commission also extended the availability of the new procedures to FM stations on the non-commercial portion of the FM band.
As is the case now, any application to change a city of license must be mutually exclusive with the existing facility (the daytime facility for AM), and must submit a showing as to how the goals of Section 307(b) are met.
Broadcasters filing applications for such community of license changes will be required to give public notice of the proposed change in the affected local communities. Also, the FCC will publish all proposed community of license changes in the Federal Register, entertain informal objections to them and not take any action on such applications until 60 days has elapsed from the date of Federal Register notice.
The current freeze on the filing of new rule making petitions will be lifted 30 days after the report and order is published in the Federal Register.
The Commission also adopted a proposal under which an allocations rule making proponent seeking a new channel allotment must at the same time of the filing submit an FCC Form 301 with the new station application filing fee which is currently $2,980.
Until now, allocation filings were required to be on paper, even though most other rule making filings were filed electronically. The Commission will now accept allocation petitions for rule making, comments, counterproposals and other filings through its ECFS electronic filing system.
The Commission deferred action on its proposal to limit to a maximum of five the number of changes that could be proposed in a rule making proceeding, stating it would assess the impact of the changes to the current rules make before further considering such a limit. The Commission did state that the Media Bureau is authorized to break up large proposals where possible into smaller ones.
The Commission maintains its policy prohibiting the move of a sole local service from a community except in exceptional circumstances on a case-by-case basis.
It can be expected that the floodgates will open for both minor change applications and for rule making petitions on the effective date of the report and order adopting these changes. At this point, that date is unknown. Assuming that the full text of the rule changes is released in the next several weeks, the effective date is likely to be sometime in early January, 2007.March FCC Auction - 124 New FM Stations Up for Grabs
On the heels of the FCC's announced January, 2007 FM auction in which only 9 FM stations are to be auction (most being auctioned for the second time around), the FCC has announced an auction of 124 FM construction permits to commence on March 7, 2007. At this point, the Commission has released a Public Notice proposing procedures for the auction, and a listing (spreadsheet listing) of the 124 allocations.
There is an important change in procedures in this auction from previous FM auctions. The FCC has changed its auction rules so that now the payment procedures are as follows: (1) the upfront payment specified in the listing must be wired to the FCC on a date to be announced prior to the auction; (2) ten business days after the auction closing public notice an amount representing 20% of an applicant's winning bids as a down payment must be wired to the FCC; and (3) ten business days after the down payment date the remaining full bid amount must be wired to the FCC. This new procedure was adopted in Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures
This new payment schedule is to be contrasted with the FCC's previous FM auction procedures under which the remaining 80% payment was not due until the FCC was ready to grant the construction permit. Thus, a substantial time could elapse between making full payment and actually receiving a grant of the FM construction permit.
The FCC application procedures require that an FCC Form 175 be filed in order to participate in the FM auction by a date yet to be set. After becoming a winning bidder at the auction, the complete FM construction permit application (FCC Form 301) will be due thirty days after the FCC's auction closing public notice.
Applicants who are proposing new tower construction should keep in mind that significant new procedures are required for environmental approvals prior to the FCC issuing the construction permit. If you would like assistance with this FM auction, send me an email message (John Garziglia) and I will let you more.Page took 3 seconds to load.
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