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We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.

 

 

CRB Update:
Headline: "H.R. 2060 needs your support; call your Representative today!"
BY DANIEL MCSWAIN
With the Internet Radio Equality Act (H.R. 2060) introduced to Congress and gathering cosponsors, the time to mobilize all webcasters and listeners is now. [See yesterday's coverage in RAIN here.]

The introduction of the bill gives supporters of the SaveNetRadio.org campaign a clear and direct mission: call your Representatives in Congress today and ask them to cosponsor the bill to keep Internet radio from being wiped out by the CRB rates.

Below is a list of "talking points" provided by SaveNetRadio.org for callers to drive home specific messages to staffers and aides in the office of their Representatives. The same list can be found on the SaveNetRadio.org site after entering your ZIP code, which will then provide you with your Representative's contact information:

  1. I am a constituent and I’m calling to ask Congressman/woman ________ to save Internet radio by co-sponsoring H.R. 2060, the Internet Radio Equality Act.

  2. The Copyright Royalty Board’s decision to increase royalty rates for webcasters is going to turn off my Internet radio and I do NOT want that to happen. Please tell Congressman/woman ­­­________ to co-sponsor H.R. 2060, the Internet Radio Equality Act.

  3. I believe that artists should be fairly compensated for the music they make, but putting my webcasters out of business will only hurt artists more. They depend on Internet radio to get their music out to fans and build new audiences. When the webcasters go off the air, so do artists. Please co-sponsor H.R. 2060, the Internet Radio Equality Act.

  4. Internet radio is one of the only bright spots for independent music and diversity. We NEED Internet radio. Don’t turn it off. Co-sponsor H.R. 2060, the Internet Radio Equality Act.

  5. (If you are an artist) Internet radio enables artists like myself to reach fans throughout the country and enjoy exposure and airplay that we may otherwise have not received. I'm asking you to co-sponsor H.R. 2060, the Internet Radio Equality Act.

Many supporters have written into RAIN and the SaveNetRadio.org campaign with copies of the correspondence they've received from members of Action Alert!Congress in response, which vary in tone from concerned and supportive to uninformed and off-topic.

Responses that fall into the latter category have left some listeners upset who feel that their Representative simply does not care about this issue. Now that H.R. 2060 has been introduced, we strongly urge supporters to contact their Representatives' office again with a phone call to reiterate the importance of this bill to you, their constituent.

When calling, remember to be polite but firm. Less than supportive responses from mr smith goes to washingtonCongressional offices on this topic are usually the result of staffers and aides not fully understanding the issue; your phone calls could help turn an uninformed member of Congress into a champion of the bill!

Also, with a Bill making its way through the House, a webcaster "Hill walk" in Washington D.C. next Tuesday, and a "Day of Silence" planned for Tuesday, May 8, now is the perfect time to contact your own local media. An articulate and passionate Op-Ed in local papers would be a great asset for our campaign, and would be valuable in helping our message reach an even larger audience.

A copy of the bill in .pdf form, is available here.

(Your comments are invited using the feedback form below.)

...
...
The "Internet Radio Equality Act" is, in my opinion, a bill that successfully takes into account the needs of virtually all stakeholders — large NAB-member commercial broadcasters, noncommercial broadcasters (including NPR stations), both large and small Internet-only webcasters, musicians, and even record labels (whether all of them realize it or not).

We tried to get advice from representatives of most of those groups in putting the terms together, and I believe it worked.

The most important change in the law is changing the "standard" by which Copyright Royalty Board judges determine a rate from the record industry's "willing buyer / willing seller" standard (which is wildly biased in favor of the seller when the seller is an established multi-billion-dollar industry and the potential buyer is a nascent new industry) to the "801(b)(1)" standard used in most copyright office procedures. (That standard balances the needs of the copyright owner, the copyright user, and the public good. See this issue of RAIN for a detailed explanation.)

And for the "transition" period until the next CRB can be convened, it makes elegant sense to use satellite radio's royalty rate of 7.5% of revenues (or, for webcasters who feel the need to use a per-hour rate, a calculated equivalent). Internet radio and satellite radio are similar in so many ways that it's almost impossible to defend an argument that Internet radio's royalty rate should be 7 to 25 times higher than satellite radio's (as it is, given the current advertising environment, in the CRB decision).

While the record industry may try to fight this bill, it's actually in their best interest: They're better off getting 7.5% of the revenues of a thriving new medium — plus all of the positive exposure for new genres and new artists, and associated CD sales, that Internet radio is providing — than 50% to 200% of nothing, which is what they'll get if the CRB decision stands and U.S.-based webcasting essentially shuts down on May 15th... -- KH
...


Have an opinion? Drop us a note! (Or, to use your own e-mail software, click here.)

  Your e-mail address:
  Your name (if not obvious from your e-mail address):
    Kurt and Paul, this is deep background -- don't quote me!

        Thanks!

 


Headlin: "Here's who's supporting Net radio in Congress"
BY PAUL MALONEY
The following members of Congress have signed on to co-sponsor H.R. 2060, the "Internet Radio Equality Act," introduced yesterday by Reps. Jay Inslee (D-WA) and Donald Manzullo (R-IL).

"You can't put an economic chokehold on this emerging force of democracy,"
Rep. Inslee said in a press release. "There has to be a business model that allows creative webcasters to thrive and the existing rule removes all the oxygen from
this space."

Included in the bill's backers are Reps. Rick Boucher (D-VA), Barbara Cubin (R-WY) and Baron Hill (D-IN), who, like Inslee, are members of the key Energy and Commerce committee.

Bill sponsors
Representative Jay Inslee
Washington's 1st District
6th-term Democrat
Key committee(s): Energy and Commerce
Representative Donald A. Manzullo
Illinois's 16th District
8th-term Republican

Co-sponsors
Representative Corrine Brown
Florida's 3rd District
8th-term Democrat
Rick Boucher Representative Rick Boucher
Virginia's 9th District
13th-term Democrat
Key committee(s): Energy and Commerce; Judiciary
Representative Barbara Cubin
Wyoming (at-large)
7th-term Republican
Key committee(s): Energy and Commerce
Res. Com. Luis Fortuno
Puerto Rico (at-large)
1st-term Republican
Representative Baron Hill
Indiana's 9th District
4th-term Democrat
Key committee(s): Energy and Commerce
Representative Ron E. Paul
Texas' 14th District
10th-term Republican
Representative David E. Price
North Carolina's 4th District
10th-term Democrat
 

We'll send you a brief daily summary of each day's stories with a clickable link to the RAIN home page.
 

Headline: "Ramsey's take on Bridge study: Net radio, wireless best bets"
From Mark Ramsey's Hear 2.0: "Bridge Ratings has released updated BRIDGEtech trend information, and as usual there's a lot to chew on.

"First, you should keep in mind that this sample is drawn from several big markets only... That doesn't mean it's wrong, it just means it's not necessarily hear 2.0representative of everyone else.

"Even with this limitation in mind, however, the results are fascinating...

"Consider the predictions for just the next few years:

'Internet radio: We are estimating that at the conclusion of 2007, monthly Internet radio listening will reach 31% of the U.S. population jumping to 38% by the end of 2008. By 2010 38% of Internet radio listeners will spend time with a terrestrial radio simulcast.

'Satellite radio: Response to satellite radio continues at a tepid pace and is cooling with each month's analysis... we now have reforecasted the full year gain for satellite radio to be closer to 3.4 million.

'Cell phones: Cell phones are emerging as a legitimate entertainment device and due to its pervasiveness in American society pose the greatest threat to terrestrial radio and MP3 devices. As more and more specialized services become available, prices reduce and equipment ease-of-use improves, we see growth in this area exploding.'

"...And when you add the notion of WiFi music reception (streamed or cached) then you have a category which will be huge. Get ready.

'HD radio: Of all the media we are covering in this latest study, HD Radio growth is the most disappointing based on previous industry expectations... consumer interest in owning or listening to HD Radio is slowing... The number one response from those who have 'little or no interest at this time' was 'Don't see a need'..

We expect no more than 500,000 users of HD radio by year-end 2007 and only just over 1 million by the start of 2009'...

"In other words, Bridge says interest in HD radio is decreasing even as your station works hard to increase awareness...

"Anyway, Bridge sums up the study:

'The entire spectrum of digital audio alternatives, and especially Internet radio and and its wireless distribution continue to represent the biggest challenge to traditional radio... New cell phone capabilities which will turn the mobile phone into a more dynamic part of daily life will potentially surpass Internet radio as the most significant challenger to terrestrial radio's time-spent-listening. Based on what we know now, we do not see HD radio significantly boosting listening to terrestrial radio.'"

Read Ramsey's analysis in Hear 2.0 here.

 


More and more webcasters
are signing on to our proposed "Day of Silence" taking place Tuesday, May 8 [read full details in RAIN here]. We're getting more webcasters joining every day — if you've e-mailed us, we'll add your name soon. Below is a growing list of webcasts that have agreed to go "dark" for the day.

MusicTampaBay.com will off-line May 8th. Hopefully this will be the only day MTB has to go silent.
ThereIsNoRadio will be participating in the "Day of Silence". All of our talk show hosts are recording PSA's explaining the situation and directing listeners to savenetradio.org. These PSA's will be the only thing heard on the station and each will be followed by 20-30 seconds of silence.

Count on our full support for a "Day of Silence." We will shut down our streams on May 8th, and our listeners will hear the silence loud and clear. -- ClubNetRadio.com

Organlive.com is in.

Wind Band FM and SLT Radio fully support the "Day of Silence."

Count us in! www.GraffitiRadio.com will be dead silent on May 8th! Alternative Rock will have to wait until the 9th to be heard again!
Radio Bop is on board for the Day of Silence on May 8th!
EAR.FM is one of the first 100 stations to exist at Live365, is still here today and we intend to be here tomorrow as well. We pledge our commitment to the Day Of Silence.
We're in on this as well. ---City Sounds Radio

We will participate in the day of silence!! -- The Monks Media Radio Network,
www.monksmedia.com

We are definitely committed to the cause. Count us in for May 8th! --DementedRadio.com
Though it's not an internet radio station, bitsdujour.com will support the day of silence by not having any bits on our site that day, and sending visitors to
savenetradio.org.

May 8th, we will be supporting the "Day of Silence" and we will do whatever is necessary to help support. -- Firstclasshiphop.com

NeverEndingWonder Radio will join the Day of Silence.
FOXY.FM will support the "Day of Silence" on May 8th. Also we are going to replace our website with an explanation and banner for SaveNetRadio.org.
www.foxy.fm
praradio.org is participating in the day of silence and working on our region

We will go silent on May 8th in support of the alliance. -- WebRadioPugetSound

The entire Radio X Network is in. All 5 of our stations will be silent on Tuesday the 8th. ---Radio X Network (.com)

Delicious Agony Progressive Rock Radio is in and we'll get our small band of "progressive rock" stations to join us. Thanks for all your efforts!
I would be willing to pull our groovyradio.net stream off-air on 5/8. We cannot afford to continue under the new royalty plan.
Count fluffertraX in for the May 8 Day of Silence. Thank you for proposing it. I still hear the silence of iM Networks, caused by the CARP in 2002. We are more than happy to go silent and take a stand.
What a great, great idea. A Day Of Silence. I'm a small timer on Live365 and 'I'm In"...Super. I'll do what I can to get the word out to fellow broadcasters that I know!!
-- All Rock Legends
Let's do it! You have our support! 525.com Power Tracks will join the May 8th Day of Silence and urge this to be a global effort, as well. I think it would be a great idea to get a list of stations going that plan to join the Day of Silence to sort of put the pressure on other stations who may be indecisive about shutting down for the day.
I will gladly participate in this for sure.
-- WVSGRadio.com
Let's go for another Day of Silence ... Let's Roll !!
-- Fabsfab French Briton
This is a great idea, both our stations (WCH Radio and The Wave) will support it. We also run two podcasts from our MySpace pages and our websites. We could run all the PSAs only on that day on our podcasts also.
I'll be on the hill with you (again) and you can count on 1Club.fm and WBMX.com being SILENT on that day with just one thing running... OUR PSA pointing the listeners to contact their Congress persons or else this (insert silence) is all you're going to hear after next week on your favorite Internet radio stations.
I'm in! We've got to create public outrage!
-- NiceNoise.net
LuxuriaMusic.com is on-board.
Day of Silence? I'm in. Although small by comparison to many other 'net-caters, Pagan Radio Network has a loyal listenership.
I like the idea of total silence... we need the biggest impact possible. Puregold Rock 'N Roll would love to help in any way. I also think each station should notify their local press with a release as to the total black-out of Internet radio.
I'm all for a day of silence...as they say, absence makes the heart grow fonder. I have invested a lot of passion and energy into Devil Free Radio and will go down swinging!
Count me in.
-- BAGeL Radio
I am in for the 8th of May!
-- www.realdanceradio.com
AmericanaRoots.com will participate in the day of silence. My hats off to Kurt and all the fine folks that have worked so hard over the last few months.
MPYR RADIO would definitely participate in this. The day of silence is great.
I was considering May 1st for all Live365 stations. May 8th is also satisfactory.
-- Smooth Jazz and More
I am in on the day of silence.
-- www.AllMemphisMusic.com
We are definitely on board for a day of silence. Anything that we can do to help please let us know.
-- 181.fm
I fully support a "Day of Silence" or whatever is decided and whatever it is called. I agree that this must be a major news story.
-- BornAgainRadio
I wrote down May 8th as the day of silence, alerted my webmaster to create new banners told my production staff to come up with a loop to air by May 8th.
-- KNRJ/KAJM FM Phoenix
My station is based in Northern Virginia however I work in DC.
www.2ngradio.com (I'm one the Loudcity licensed stations, that also
would suffer a 2,000% rise).
We are committed to the "Day of Silence" on May 8th. Also we are going to forward our web site to SaveNetRadio.org.
-- KQLZ.org
Count us in... -- BluegrassRadio.org

 


 


Feb. 20, 2002 CARP rec.'s .07-cent fee for radio webcasts, twice that for 'Net only
Feb. 21, 2002 Industry reacts to CARP royalty rates for Internet broadcasts
Feb. 25, 2002 Industry still stunned by CARP arbitrators' recommendation.
Feb. 27, 2002 CARP arbitrators gave RIAA more than they asked for!
April 18, 2002 Mercury News editorial
April 22, 2002 Day of Silence proposed
April 23, 2002 More support in Congress
April 25, 2002 Day of Silence is ON!
April 29, 2002 DOS in USA Today, NY Post
May 1, 2002 Day of Silence
June 20, 2002 Librarian Decision
June 24, 2002 Cuban on Yahoo deal
July 11, 2002 Labels to Net radio: Die Now!
October 1, 2002 Forbes coverage (scroll down)
November 15, 2002 Small Webcasters Settlement Act
December 16, 2002 Small commercial webcaster license
 
Upcoming conferences
May 2

Future of Music Coalition D.C. Policy Day: Washington D.C.

September 26-27 NAB Radio Show: Charlotte, NC
October 13

IBS Webcast Conference: Seattle, WA

October 27 IBS Webcast Conference: Chicago
November 3 IBS Webcast Conference: Boston, MA
November 4-6 NAB European Radio Conference: Barcelona, Spain
December 1 IBS Webcast Conference: Fort Lauderdale, FL
December 8 IBS Webcast Conference: Los Angeles

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