Wednesday, March 07, 2007

We interrupt Mr. Soprano Goes to Washington
for this Revolution 21 special report . . .

We have just received information from the Radio and Internet Newsletter of some glaring discrepancies in how the federal government treats internet broadcasters seeking to webcast music programs legally and radio conglomerates completely innocent of even thinking about violating federal law (wink, wink, nudge, nudge).

With the details, here is Kurt Hanson at RAIN headquarters:

I checked my notes last night from hearing a recent speech by Pandora founder Tim Westergren in Chicago, and the amount owed could potentially be even greater than I estimated in the article.

Westergren says Pandora currently has 6 million registered users; let's guess that at the end of 2006 they had at least 5 million. If the average user sets up 1.5 "stations," that's a 2006 royalty obligation of $3.75 billion.
That's billion with a "B."

MEANTIME, we understand the Chicago Tribune has the scoop on a settlement between the Federal Communications Commission and several large radio chains involving alleged transgressions of federal "payola" laws:

Tired of the same old thing on the radio?

So are federal regulators and independent music labels.

Weary of the illicit, recurrent practice known as payola, the two groups have reached tentative agreements with leading broadcasters to curb pay-for-play schemes and expand radio playlists.

Sources said Monday that four major radio companies are close to finalizing not only a consent decree with the Federal Communications Commission, but also a deal with a group of independent music labels promising 8,400 half-hour airtime segments to local and lesser-known artists.

CBS Radio, Citadel Broadcasting, Clear Channel Communications and Entercom Communications were accused of accepting money, airline tickets, clothing and other gifts from major labels to play certain songs by artists such as Liz Phair, Jessica Simpson and Avril Lavigne.

Now they will be expected to throw open the airwaves to a more eclectic mix.

"There are plenty of empty gestures out there. This one has the reality of a number attached to it, which makes it all the more serious of a commitment and an extraordinary one," said Peter Gordon, president of Thirsty Ear Recordings, who led the negotiations on behalf of the American Association of Independent Music.

Gordon said independent music actually may wind up being accounted for "on a track-by-track basis" rather than in half-hour blocks.

Separately, the broadcasters, under the terms of the three-year settlement with the FCC, would pay a total of $12.5 million in fines. They also would agree to restrictions and closer scrutiny of their dealings with record labels, including greater record-keeping and the hiring of compliance officers, but admit no wrongdoing.

The FCC has no authority over record labels, but used the evidence gathered in the payola investigation begun in 2004 by former New York Atty. Gen. Eliot Spitzer.

Now governor of New York, Spitzer thwarted payola in that state by EMI Group, Sony BMG Music Entertainment, Universal Music Group and Warner Music Group.

The new music agreement gives airtime to labels not owned or controlled by those major music companies.

"Payola breaks the link between merit and airplay," FCC Commissioner Jonathan Adelstein said. "It's who's got wads of cash, not who's got the best song. The public loses out in that. I think we see radio being damaged.

"People I talk to all across the country are tired of hearing the same songs over and over again. Hopefully, by taking payola out of the equation, and on top of that adding some new fresh sounds from local and independent artists, you can bring back the vitality that's missing from radio. So it's a historic commitment."

One radio industry veteran who requested anonymity said the only certain effect of the deal would be add paperwork and bureaucracy to the business.

A spokeswoman for CBS Radio declined to comment. Representatives of Citadel and Entercom did not return calls. Andy Levin, Clear Channel's executive vice president and chief legal officer, said in a statement that his company was glad the FCC's investigation was effectively over, noting no violations were found.
YOU CAN'T SAY the good ol' U.S. of A doesn't have the best government money can buy.

Now, if only I could get me some money to buy me some government.

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