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LEGISLATORS OPPOSE MERGER, WANT CONDITIONS. Five Democrat members of the U.S. House—Reps. Betty McCollum, James Oberstar, Collin Peterson, Keith Ellison and Timothy Walz—have gone on record, in a letter to FCC Chairman Kevin Martin, as being opposed to the XM-Sirius merger, but if it must take place, then the FCC should set aside 25% of the total satellite spectrum for noncommercial, minority and emergency services. They also call for HD capability in all combination receivers. Meanwhile, three Democrat U.S. senators—Sens. John Kerry, Claire McCaskill and Ben Cardin—sent a similar letter to Chairman Martin, saying the merged company should offer “as much as 50% of its satellite system capacity, thus preserving the essence of the current FCC rules, and certainly no less than 20% of its capacity.” They, too, call for HD integration in upcoming receivers.

NAB CHIEF AT CONCLAVE: “IMMENSE OPPORTUNITIES FOR RADIO.” David Rehr delivered the opening keynote at the 2008 Conclave Learning Conference in Minneapolis—the first time an NAB head has ever attended the Conclave. In his remarks, Rehr said, “Never before have we faced as many challenges in the legislative and regulatory environment. . . But with the new digital age comes immense opportunities for radio.” After outlining the challenges facing our industry and how the NAB is addressing them, Rehr concluded by saying, “We have challenges ahead of us. We have battles that may seem overwhelming. But the opportunities ahead of us are incredible. Radio’s future is bright. And if we are persistent and consistent, we will win our battles. . .we will realize the enormous opportunities ahead. . .and, ladies and gentlemen, we will make radio new again. We will be reinvigorated. And we will prosper.” For the full text of Rehr’s speech, click here.

COMMISSION TARGETS SPONSOR ID. The FCC has issued a notice of inquiry and notice of proposed rulemaking on sponsorship identification and embedded advertising. The Commission says it must “examine ways [we] can advance the statutory goal entrusted to us of ensuring that the public is informed of the sources of program sponsorship, while concurrently balancing the First Amendment and artistic rights of programmers.”

PERFORMANCE RIGHTS ACT PASSES OUT OF COMMITTEE. The measure to impose a performance tax on local broadcasting was passed by the House Judiciary Subcommittee on Courts, the Internet and Intellectual Property (“House IP”). Commenting on the action, NAB EVP, Media Relations Dennis Wharton said, “Today’s vote comes as a complete non-surprise, given the House IP Subcommittee’s history of support for the RIAA-backed tax on local radio stations. Despite today’s action, there remains broad bipartisan resistance to the RIAA tax from members of Congress who question whether a punitive fee on America’s hometown radio stations should be used to bail out the failing business model of foreign-owned record labels.”

CLEAR CHANNEL RESPONDS TO TAX ACT. After the Performance Rights Act cleared, Clear Channel EVP/Chief Legal Officer Andy Levin said, “The big record companies want Congress to bail out their industry on the backs of local broadcasters who provide a public service to their communities every day.” Levin also noted, “Both industries were granted statutory exemptions from Congress. We’re exempt from paying royalties to the labels when we play a song, and they’re exempt from paying us for the value of the airtime we provide. Now the record companies want Congress to eliminate our exemption but keep theirs. That is simply indefensible.”

THE WIRELESS FUTURE INCHES CLOSER. Chrysler has announced “UConnect Web,” an in-car wireless Internet system which “transforms the vehicle into a hot spot for instant access to websites, email, personalized music, online gaming, photo albums and more.” For more, click here. Industry veteran Charles Warner (www.mediacurmudgeon.com) commented on this news by saying, “In spite of the fact that Sirius Satellite Radio CEO Mel Karmazin painted an upbeat financial picture for 2009 if the proposed merger with XM Satellite Radio gets approved by the FCC, these two (or one) companies will soon be disintermediated because of nationwide wireless access to the Internet.”

PETITION TO QUASH FAIRNESS DOCTRINE ISSUED. Prompted by reports that Speaker of the House Nancy Pelosi (D-CA) isn’t allowing the Mike Pence-sponsored Broadcaster Freedom Act—blocking the return of the Fairness Doctrine—to come to the House floor this year, the Media Research Council is circulating an online petition in support of Pence’s bill.

RUSH INKS LONGISH-TERM CONTRACT. Rush Limbaugh has signed a new deal with Premiere that will run “many years into the future.”

CONSUMER INDECENCY COMPLAINTS DOWN. The FCC’s report on consumer inquiries and complaints for the third quarter of 2007 indicates a slight dip—3%—in radio and TV indecency complaints from the previous year.

MURROW WINNERS REVEALED. The Radio-Television News Directors Association (RTNDA) announced the winners of the 2008 Edward R. Murrow Awards for excellence in electronic journalism. The Overall Excellence Award in small-market radio went to KFDI-AM & FM, Wichita, KS. See all the winners here. The awards will be presented at the RTNDA Awards Dinner, October 13 in New York.

TRITON STILL BUYING. Triton Media Group, which last week announced its acquisition of Jones Media, says now it’s buying Radio Companion, offering web-based sales modules for radio-station websites. For more on Radio Companion, click here.

FCC NICKS NEW ENGLAND PIRATE. A Boston man has been fined $10,000 for “willfully and repeatedly violating” the Communications Act by running an unlicensed radio transmitter on 101.3 FM.

ARBITRON FOCUSES ON SMALL MARKETS. Last Wednesday, Arbitron held a diary service update for members of the ad-hoc committee of small- and medium-market broadcasters—and your editor—that serves as a sounding-board for the company’s efforts to improve service to its diary customers. Diary Czar Tom O’Sullivan gave a progress report on those efforts, beginning by saying, “With all the attention surrounding the Portable People Meter [PPM], it’s important to note that Arbitron is committed to its diary markets.” Details of Arbitron’s new and improved services to its diary clients are here.