Link to Net Radio Sales
 
 
  Daily news and commentary on the key issues involving radio and the Internet Link to previous issuelink to next issue    
     

Contact RAIN
Feedback form
Ratecard

CRB coverage 2007:
CRB decision
SaveTheStreams
Legal options
Markey
Petitions
Copyright law
Canada?
Fred Wilhelms
[2] [3]
JPMorgan analyst
SaveNetRadio
Rehearing denied
SNR.org website
B'casters interests
Day of Silence?
What is "fair"?
House IREA
SX Point/Counter
July 15th D-Day
Hill walk recap
Senate IREA
Hanson/Simson
Offer to SCW
Berman/Coble
100th co-sponsor
File for stay
Noncomm offer
$1 bil admin cost


CRB coverage 2002:
CARP decision
Industry reacts
Industry stunned
Huge RIAA win
SJO editorial
Day of Silence?
Congress support
Day of Silence on!
Press coverage
Day of Silence
Librarian decision
Cuban speaks up
Labels: Die Now!
Forbes coverage
SWSA
SCW license


"The Future of
   Radio" series
1 | 2 | 3 | 4 | 5

"Net radio frontier:
Ad sales" series
1 | 2 | 3 | 4 | 5

UPDATED:
Internet radio
royalty basics


Copyright Law
DMCA
CRB 2007
 Webcast decision







Link to AndoMedia.com












































































Link to AndoMedia.com
























































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

 

 
x
CRB update
x
NAB supports principles of IREA bill

In the flurry of news yesterday (most notably SoundExchange's "offer" to small webcasters, see RAIN coverage here), the National Association of Broadcasters announced it had adopted a resolution, recognizing the harm CRB-determined royalties would cause, and advocating legislation vacating the determination and establishing interim rates. See coverage in today's issue here.

In other CRB-related news, since we last reported (here), seven new House members have become co-sponsors of H.R. 2060, the Internet Radio Equality Act. See coverage in today's issue here.
x


Headline: "Pandora's wireless plans: Spring deal, Wi-Fi player"
From Forbes.com: "Sprint Nextel Corp. has teamed with Pandora Media Inc... to deliver personalized streaming radio to its mobile phone  users...

"Pandora's Internet radio service now will be available beyond computers — on Sprint beginning Wednesday. It will be free for the first 30 days of use but will cost an additional $2.99 per month with a Sprint data plan. The service will work initially on five phone models but will expand to all high-speed data phones sold by Sprint by the end of June, the company said.

"Sprint is the first mobile carrier to offer Pandora, the companies said. But if the Oakland-based startup has its way, other cellular networks will follow suit.

"'We knew that if we wanted to be radio with a capital "R," we have to be everywhere, and not just on the Internet," said Pandora founder Tim Westergren. 'We knew we had to make it mobile.'

Read the entire article at Forbes.com.

pandora wifiBranded Wi-Fi player revealed
From TechCrunch: "Pandora made a number of announcements tonight at a press/user event at the Museum of Modern Art in San Francisco,...

"They also made a pre-announcement, however, of an upcoming Wi-Fi music player to be built by SanDisk and powered by Zing. The working prototype that CTO Tom Conrad demo’d tonight was physically similar to the Sansa Connect device launched last month with Yahoo [previous RAIN coverage here], although it was slightly longer and thinner...

"Few details were revealed, such as whether the device would include a hard drive,... [which] would also allow music caching for periods when the user was outside of Wi-Fi coverage."

Read the entire article at TechCrunch.

 
RAIN is brought to you today by:
Link to Net Radio Sales

Net Radio Sales is a commercial Internet radio network. Net Radio Sales sells advertising across its digital network of hundreds of Internet radio affiliates and provides exact audience data measurement and exact impression reporting for every campaign. Visit www.netradiosales.com


Headline: "NAB stands with webcasters, supports IREA objectives"
BY DANIEL MCSWAIN
Growing concern over the impact of the CRB rates on various broadcast media has prompted the National Association of Broadcasters to adopt NAB"by a unanimous vote" a resolution that supports objectives laid out in the Internet Radio Equality Act and likewise seeks to help webcasters overturn the CRB ruling.

According to a statement, the NAB "recognizes that the new streaming rates established by the Copyright Royalty Board (CRB) will cause significant harm to broadcasters that stream over the Internet," [previous RAIN coverage here].

Previously, the NAB stated plans to support webcasters by "work[ing] with Congress to craft a solution that helps us capitol buildingensure the survival of a fledgling audio platform."

New statements from the trade group support "a comprehensive approach to addressing the CRB rate determination, including legislation that vacates the CRB decision and establishes an interim royalty rate structure."

This latest vow of support for webcasters comes on the heels of the NAB's vigorous opposition against a performance royalty on terrestrial broadcasts, a change currently being sought by a number of recording industry groups, including the RIAA and SoundExchange [previous RAIN coverage here].


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


Headline: "Small commercial webcasters' lead counsel responds to SoundEx"
David Oxenford is an attorney with the Washington, DC-based Davis Wright Tremaine LLP, and represents the "small commercial webcasters" to which yesterday's SoundExchange offer was directed. Here's his response to RAIN:

While there has been much in the press about SoundExchange extending the SWSA [Small Webcaster Settlement Act of 2002], that really is not what happened. They simply made a preliminary, conditional offer to settle the case to the group of independent commercial webcasters that I represented in the CRB proceeding .

Their offer is to extend the SWSA with some "tweaks" that are yet to be negotiated. An SWSA extension would limit small webcasters to $1.2 million in revenue, and once they earned a dollar more, all their performances back to the beginning of the year in which they exceed the cap would be subject to the CRB per performance royalties, effectively exceeding their revenues by many multiples.

While the $1.2 million cap was fine in 2002 when it was used in the SWSA negotiations, it doesn't work in 2007. This would effectively limit the independent webcaster's growth and investment opportunities, as who would invest in an entity with an absolute cap on their financial growth?

While my clients are pleased that SoundExchange has finally made us a proposal -- after we have been requesting one for the past two years -- their offer is simply to extend the SWSA with some modifications that they want. We are studying these proposed modifications. The independent webcasters have suggested modifications of our own to the SWSA, modifications which were not addressed in the SoundExchange proposal.

We welcome this proposal as what it is: the first step in a negotiation process which we hope to be able to conduct in a business-like fashion in the coming weeks, rather than one negotiated through press releases.

 


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!


 


Headline: "Emmis' Smulyan: We're making interactive work for radio'
From Emmis.com's "Q&A with Emmis Communications CEO Jeff Smulyan":
"Q: You recently announced increased investment in the Interactive division. What are your plans for the group?

"A: Well, we're ramping up, both in service to our radio stations and in new consulting services for the industry. We think our people lead the industry in expanding radio brands into other platforms and leveraging the relationships with advertisers and audiences.

"Our Emmis Interactive VPs, Deb [Esayian] and Rey [Mena], recently made a presentation to the Radio Advertising Bureau which made me as proud as anything I've seen recently. The RAB decided it was time to look at new avenues of growth for the radio business, and they specifically invited us to make a presentation on what we're doing. It was the first time the RAB has ever done this at their board meeting, and they were really blown away by some of the things we've learned. Now they're asking, 'How can you help us?” We're getting that kind of response from many others in the industry, too. Our goal is to build up the staff to accommodate the interest. This is all a new area, and we think we've found answers faster than anyone else.

"Q: Are you concerned that sharing the Emmis Interactive approach will reduce the company's competitive edge in this area?

"A: The more we can leverage this medium and make it attractive to advertisers, the better it helps all of us. If thousands of stations can provide these kinds of solutions, it drives people back to the radio industry...

"Q: Many radio industry leaders are wary of partnering with Google. Why is Emmis offering inventory to an outlet others find so threatening?

"A: Number one, it's an experiment. We still have the right to refuse business that isn't favorable to us, so I don't see how it's a bad thing that these people want to buy time on our stations. Google has staggering reach — I believe they reach ten times as many total advertisers as the entire radio industry.

"Our theory is that this is simply a supply and demand business. The more demand you put on your inventory, the higher your prices rise. If a portion of Google's current advertisers have a new focus on our industry, it should be good. We're in the very early stages of this — it's less than one percent of anyone's business. We merely said we can't stand in the way of an idea whose time has come. Our industry needs to be redefined, and foreclosing any option doesn't make sense to us."

Read this entire Q&A session with Jeff Smulyan on the Emmis Communications website here.

 

latest hr 2060 cosponsors

A total of 92 Representatives now back the measure.
Representative Bruce Braley
Iowa's 1st District
1st-term Democrat
Key committee(s): Small Business
Representative Julia M. Carson
Indiana's 7th District
6th-term Democrat
Representative Nathan Deal
Georgia's 9th District
8th-term Republican
Key committee(s): Energy and Commerce
Representative Phil Hare
Illinois' 17th District
1st-term Democrat
Representative Dennis Moore
Kansas' 3rd District
5th-term Democrat
Representative Patrick Murphy
Pennsylvania's 8th District
1st-term Democrat
Representative Richard E. Neal
Massachusetts' 2nd District
10th-term Democrat

Reader Feedback
Here's feedback in response to yesterday's news flash, "SX offers 12%-of-revenues to small webcasters" (here)...

"(Low revenue cap would) cripple the industry as a whole..."


You rightly call the imposition of a relatively low revenue cap on any proposed royalty settlement an "insurmountable barrier to growth for small Bill Goldsmith webcasters."

It's more than that. It's a way to quiet the noisiest group of Internet radio listeners (those who are passionate followers of stations like Radio Paradise, DigitallyImported, SomaFM, AccuRadio, etc.) while still crippling the industry as a
whole.

The Big 4 media companies would like very much to keep the control of what music
people are exposed to concentrated in as few hands as possible. Control of gateways like commercial FM radio, MTV, etc. has been a critical component of their business strategy for 2 decades or more.

And make no mistake about it, for all the noise they make about "the artists, the
poor mistreated artists," SoundExchange represents the interests of those 4
companies above all.

Yes, a SWSA-style agreement would be an OK interim arrangement for small-business webcasters. But I am strongly urging my listeners to continue to support the IREA.

 

Bill Goldsmith
RadioParadise




"This is them trying to save face on the Hill..."


You hit it on the head. This fixes nothing.

If you don't fix the language that allows this to occur, they're going to come back and beg for more down the line... not to mention [the proposed settlement rates are] about 10% higher than satellite radio's rate.

This is them trying to save face on the Hill (thinking that this looks like some kind of offer). All this does is extend the noose a few inches further so that we fall a little longer.

 

Sal Amato
Dot 1 Media

 
Upcoming conferences
May 23-24 Mobile Entertainment Summit: Los Angeles
September 26-27 NAB Radio Show: Charlotte, NC
October 13

IBS Webcast Conference: Seattle, WA

October 20 IBS Webcast Conference: Boston, MA
October 27 IBS Webcast Conference: Chicago
November 4-6 NAB European Radio Conference: Barcelona, Spain
December 1 IBS Webcast Conference: Fort Lauderdale, FL
December 8 IBS Webcast Conference: Los Angeles

Search RAIN

(Hint: Use quotes)
Advanced Search

Click Here for AccuRadio



Software for RAIN's daily e-mail reminders provided by:


 

 



PopStandards
PopStandardsWowcast




 
 

TOP

Copyright 2004, RAIN Publications, Inc. All rights reserved.
All logos and trademarks are property of their respective owners.

Your RAIN staff
xxxxxxxxxxxxxxxxx  
Kurt Hanson
Publisher
Paul Maloney
Editor
Daniel McSwain
Assistant Editor
Ralph Sledge
"Site of the Day" Editor