... Please look to our site "Save Internet Radio" to see how webcasters are fighting to save their industry. Want to help? Find out what you can do at SaveInternetRadio.org. ...

BY PAUL MALONEY
While CARP participants are concentrating on influencing the Librarian of Congress through the official channels the law provides, other webcasters are trying to make lawmakers see their point of view.

To encourage webcasters to start bending the ears of lawmakers, Mike Roe and Joslyn Tillar of RadioIO.com have been busy assembling a list the members (and their relevant legislative assistants) of the House of Representatives Subcommittee on Internet and Intellectual Property issues (in Microsoft Excel format here). It's reasonable to assume that these ladies and gentlemen would probably be the most well-versed in the issues at hand, and most likely to want to do what they think is best for the new media industry.

The webcasters' idea here is that legislators, though not officially part of the copyright royalty process, might be convinced that the pending royalty rates are grossly unfair to the webcasting industry. Hopefully, if a few were to feel strongly enough about the issue, they would make an effort themselves to put in a word with the Librarian of Congress.

Here's their plan: Each webcaster is asked to send a letter to each member of this House Subcommittee (with a copy to each respective legislative assistant) that:

(1) ...Asks the representative to acquaint his- or herself with the issue,

(2) ...Provides the representative with a synopsis of the issue,

(3) ...Provides the representative with references (Internet pages, etc.) to additional research material that can be used to deepen their understanding, and...

(Note that you may find Save Internet Radio.org to be a helpful resource for these.)

(4) ...Should they agree with the webcasting industry's point of view, requests that the subcommittee member expresses his or her concern(s) with the arbitrated settlement to the Librarian of Congress, in the hopes that the CARP recommendations be set aside.

(5) ...Might also recommend to the Librarian a restructuring of the rate based on webcasters' revenue, or some other method that allows the industry to survive.

Roe says it's important that webcasters touch base with the legislative assistants (Legislative assistants are people within each subcommittee member's office who are responsible for following specific issues and bringing certain matters to the attention of the subcommittee member.) as well.

Even telephoning officials to discuss the issue is easier than one might think, according to Roe's experience. "I have personally spoken with fifty-plus House members' offices in the past week. In every instance, I have been able to speak directly with the legislative assistant on Internet and Intellectual Property issues."

He said he was astonished to find that not a single legislative assistant concerned with this topic that he spoke with was familiar with the issue. "And if the legislative assistant on Internet and Intellectual Property issues is not familiar with the issue," says Roe, "it is a pretty safe bet that their boss is not familiar with it."

Once again, the list of Representatives and their assistants is here (it's an Excel spreadsheet).

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From a Clear Channel press release: "Clear Channel, like most other major radio programmers, temporarily shut down its streaming activities in the second half of 2001 due to copyright arguments and pending review by the Copyright Arbitration Royalty Panel (CARP). Late in the fourth quarter [Clear Channel Radio Interactive Vice President/ General Manager John] Martin took over the Clear Channel Radio Interactive division and set his staff into motion to bring approximately 200 stations back streaming by the first of the year. By that time he expected the copyright issues to have been resolved.

"The issue, however, is still looming on the horizon. Martin added, 'The onerous copyright fees that are being considered are overshadowing the future of streaming. We want to super serve our loyal listeners...we know the economics need to be worked out and the business model needs to be fair and work for everyone. The current model doesn't achieve that parity. It would be a shame to see this exciting, new Interactive medium halted in its infancy.'

"Earlier this month, Eddie Fritts, CEO of the National Association of Broadcasters, echoed many of the same sentiments, stating, 'The ruling from the Copyright Arbitration Royalty Panel may have the effect of unintended consequences, in that many radio broadcasters may reevaluate their streaming strategies. If the powerful record company interests' goal was to strangle a fledgling new service to radio listeners, it may have succeeded beyond its own expectations.'"

Read the entire press release here.