BY DANIEL McSWAIN and PAUL MALONEY
Monday's SoundExchange offer to small webcasters to reauthorize the rates and terms of the Small Webcaster Settlement Act of 2002 (with some unspecified modifications) was, according to the press release, supposedly spurred by a letter from Reps. Howard Berman (D-CA, right) and Howard Coble (R-NC, left), the Chairman and ranking minority member, respectively, of the House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property (See RAIN coverage here).

Copies of the Berman-Coble letter, apparently released by SoundExchange to various journalists earlier this week and subsequently obtained by RAIN, are surprisingly interesting.

Specifically, of the five-page document, almost four pages are devoted to a defense of the CRB decision! And a careful read of the document reveals that most of the Berman-Coble letter's language almost precisely mimics the verbiage employed by the recording industry -- i.e., on the SoundExchange website and in various other SoundExchange press releases.

In other words, the Berman-Coble letter, oddly enough, primarily argues to SoundExchange SoundExchange's own precise arguments!

The letter also includes a previously-unannounced request by Berman and Coble for SoundExchange to achieve"resolution"... "no later than June 15, 2007" and notes that the writers "plan to advance legislation if we determine that it is the public interest."

A copy of the Berman-Coble letter in .pdf form is available here.

...

... From Kurt's blog: "I'm Gonna Sit Right Down and Write Myself a Letter" What first caught my eye in the Berman-Coble letter was this sentence: "In return for compelling sound recording copyright owners to make their works available, the qualifying services agree to meet the terms and conditions of the compulsory license, which, inter alia, requires the periodic filing of statements of account and the timely payment of statutory royalties." Odd. Why would Reps. Berman and Coble feel obligated to tell John Simson something like this that he obviously already knows? The only answer I could come up with is that SoundExchange wanted Berman and Coble to make that point so they could use the quote in their press release. Applying Occam's razor Let's imagine for a moment that SoundExchange was feeling the pressure of growing support for the Internet Radio Equality Act -- Congress besieged by e-mails, faxes, and phone calls from webcasters, musicians, and listeners; dozens of co-sponsors signing up for the bill; the NAB throwing in their support on Friday -- and wanted to derail its momentum. One optimal way of doing it might be to cut a deal with two classes of webcasters that are driving most of the pressure from constituents, yet comprise only a tiny portion of royalty payments received: Small webcasters and non-comms. And what better way to present that plan than to say it was "at the request of Congress" (even though it was technically only at the request of two Congressmen who, based on their past voting history, likely would have opposed the Internet Radio Equality Act)? And better yet, what if the request "from Congress" was a five-page letter filled with every point SoundExchange wanted made in support of the CRB decision? Score!.. For more, see Kurt Hanson's "Radio And Music: A New Blog," here....

From the SaveNetRadio.org press release: "A bill that would save the Internet radio industry from a dramatic increase of fees webcasters pay to play music gained the support of its 100th member of the House of Representatives today.

"Introduced by Representatives Jay Inslee (D-WA) and Donald Manzullo (R-IL), the Internet Radio Equality Act (H.R. 2060) would vacate the Copyright Royalty Board (CRB) decision that increased the royalty rates by 300%-1200% over the next five years.

"'Members of Congress are hearing loudly and clearly the passionate voices of webcasters, music fans and artists who have marched on Capitol Hill with their feet, their calls and their letters. Reaching 100 cosponsors in three legislative weeks is extraordinary, and is a major milestone for tens of thousands of webcasters, millions of Internet Radio listeners, and thousands of artists invested in the future of Internet
radio,' Jake Ward, a spokesperson for SaveNetRadio said...

"Legislation currently before Congress, H.R. 2060 and S. 1353 -- the Internet Radio Equality Act -- would vacate the Copyright Royalty Board's decision and set a 2006-2010 royalty rate at the same level currently paid by satellite radio services (7.5% of revenue.) The bill would also change the royalty rate-setting standard used in royalty arbitrations, so that the standard applied to webcasters would align with that applied to satellite radio."

Read the entire text of the press release here. Below is the roster of all of H.R. 2060's supporters in the House so far. The most recently added co-sponsors are highlighted in blue in the chart.

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 Neil Abercrombie Hawaii's 1st District 10th-term Democrat
	Representative Todd Akin Missouri's 2nd District 3rd-term Republican Key committee(s): Small Business
	Representative Michael Arcuri New York's 24th District 1st-term Democrat
	Representative Tammy Baldwin Wisconsin's 2nd District 5th-term Democrat Key committee(s): Energy and Commerce; Judiciary
	Representative Roscoe Bartlett Maryland's 6th District 8th-term R.epublican Key committee(s): Small Business
	Representative Earl Blumenauer Oregon's 3rd District 7th-term Democrat
	Representative Rick Boucher Virginia's 9th District 13th-term Democrat Key committee(s): Energy and Commerce; Judiciary
	Representative Bruce Braley Iowa's 1st District 1st-term Democrat Key committee(s): Small Business
	Representative Corrine Brown Florida's 3rd District 8th-term Democrat
	Representative Vern Buchanan Florida's 13th District 1st-term Republican Key committee(s): Small Business
	Representative Lois Capps California's 23rd District 6th-term Democrat Key committee(s): Energy and Commerce
	Representative Michael Capuano Massachusetts' 8th District 5th-term Democrat
	Representative Dennis Cardoza California's 18th District 3rd-term Democrat
	Representative Julia M. Carson Indiana's 7th District 6th-term Democrat
	Representative Ben Chandler Kentucky's 6th District 2nd-term Democrat
	Representative Emanuel Cleaver II Missouri's 5th District 2nd-term Democrat
	Representative Stephen I. Cohen Tennessee's 9th District 1st-term Democrat Key committee(s): Judiciary
	Representative Joseph Courtney Connecticut's 2nd District 1st-term Democrat
	Representative Barbara Cubin Wyoming (at-large) 7th-term Republican Key committee(s): Energy and Commerce
	Representative Elijah Cummings Maryland's 7th District 6th-term Democrat
	Representative Danny K. Davis Illinois' 7th District 6th-term Democrat
	Representative Susan A. Davis California's 53rd District 4th-term Democrat
	Representative Rosa DeLauro Connecticut's 3rd District 9th-term Democrat
	Representative Peter A. DeFazio Oregon's 4th District 11th-term Democrat
	Representative John T. Doolittle California's 4th District 9th-term Republican
	Representative Keith M. Ellison Minnesota's 5th District 1st-term Democrat Key committee(s): Judiciary
	Representative Brad Ellsworth Indiana's 8th District 1st-term Democrat Key committee(s): Small Business
	Representative Anna Eshoo California's 14th District 7th-term Democrat Key committee(s): Energy and Commerce
	Representative Sam Farr California's 17th District 8th-term Democrat
	Representative Chaka Fattah Pennsylvania's 2nd District 7th-term Democrat
	Representative Bob Filner California's 51st District 8th-term Democrat
	Res. Com. Luis Fortuno Puerto Rico (at-large) 1st-term Republican
	Representative Virginia Foxx North Carolina's 5th District 2nd-term Republican
	Representative Paul E. Gillmor Ohio's 5th District 10th-term Republican
	Representative Al Green Texas's 9th District 1st-term Democrat
	Representative Raul M. Grijalva Arizona's 7th District 3rd-term Democrat Key committee(s): Small Business
	Representative Luis V. Gutierrez Illinois' 4th District 8th-term Democrat Key committee(s): Judiciary
	Representative Phil Hare Illinois' 17th District 1st-term Democrat
	Representative Brian M. Higgins New York's 27th District 2nd-term Democrat
	Representative Baron Hill Indiana's 9th District 4th-term Democrat Key committee(s): Energy and Commerce
	Representative Maurice Hinchey New York's 22nd District 8th-term Democrat
	Representative Mazie K. Hirono Hawaii's 2nd District 1st-term Democrat
	Representative Michael M. Honda California's 15th District 4th-term Democrat
	Representative Jesse Jackson, Jr. Illinois' 2nd District 7th-term Democrat
	Representative Timothy V. Johnson Illinois' 15th District 4th-term Republican
	Representative Stephanie Tubbs Jones Ohio's 11th District 5th-term Democrat
	Representative Steve Kagen Wisconsin's 8th District 1st-term Democrat
	Representative Dale E. Kildee Michigan's 5th District 16th-term Democrat
	Representative Ron J. Kind Wisconsin's 3rd District 6th-term Democrat
	Representative Mark S. Kirk Illinois' 10th District 4th-term Republican
	Representative Dennis J. Kucinich Ohio's 10th District 6th-term Democrat
	Representative Ray H. LaHood Illinois' 18th District 7th-term Republican
	Representative Rick Larsen Washington's 2nd District 4th-term Democrat Key committee(s): Small Business
	Representative Barbara Lee California's 9th District 6th-term Democrat
	Representative John Lewis Georgia's 5th District 11th-term Democrat
	Representative Jim Matheson Utah's 2nd District 4th-term Democrat Key committee(s): Energy and Commerce
	Representative Doris Matsui California's 5th District 2nd-term Democrat
	Representative Michael McCaul Texas' 10th District 2nd-term Republican
	Representative Jim McDermott Washington's 7th District 10th-term Democrat
	Representative Cathy McMorris Rodgers Washington's 5th District 2nd-term Republican
	Representative Gerald McNerney California's 11th District 1st-term Democrat
	Representative Michael R. McNulty New York's 21st District 10th-term Democrat
	Representative Michael H. Michaud Maine's 2nd District 3rd-term Democrat Key committee(s): Small Business
	Representative George Miller California's 17th District 17th-term Democrat
	Representative Dennis Moore Kansas' 3rd District 5th-term Democrat
	Representative James P. Moran Virginia's 8th District 9th-term Democrat
	Representative Christopher S. Murphy Connecticut's 5th District 1st-term Democrat
	Representative Patrick Murphy Pennsylvania's 8th District 1st-term Democrat
	Representative Marilyn Musgrave Colorado's 4th District 3rd-term Republican Key committee(s): Small Business
	Representative Richard E. Neal Massachusetts' 2nd District 10th-term Democrat
	Delegate Eleanor Holmes Norton District of Columbia (at-large) 9th-term Democrat
	Representative James L. Oberstar Minnesota's 8th District 17th-term Democrat
	Representative John Olver Massachusetts's 1st District 8th-term Democrat
	Representative Frank Pallone, Jr. New Jersey's 6th District 10th-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
	Representative Nick J. Rahall II West Virginia's 3rd District 16th-term Democrat
	Representative Dave Reichert Washington's 8th District 2nd-term Republican
	Representative Tim Ryan Ohio's 17th District 3rd-term Democrat
	Representative John Salazar Colorado's 3rd District 2nd-term Democrat
	Representative Allyson Y. Schwartz Pennsylvania's 13th District 2nd-term Democrat
	Representative Jose E. Serrano New York's 16th District 10th-term Democrat
	Representative Christopher Shays Connecticut's 4th District 11th-term Republican
	Representative Carol Shea-Porter New Hampshire's 1st District 1st-term Democrat
	Representative Albio Sires New Jersey's 13th District 2nd-term Democrat
	Representative Louise McIntosh Slaughter New York's 28th District 11th-term Democrat
	Representative Adam Smith Washington's 9th District 6th-term Democrat
	Representative Adrian Smith Nebraska's 3rd District 1st-term Republican
	Representative Zack Space Ohio's 18th District 1st-term Democrat
	Representative John M. Spratt, Jr. South Carolina's 5th District 13th-term Democrat
	Representative Fortney H. Stark California's 13th District 18th-term Democrat
	Representative Lee Terry Nebraska's 2nd District 5th-term Republican Key committee(s): Energy and Commerce
	Representative Mike Thompson California's 1st District 4th-term Democrat
	Representative John F. Tierney Massachusetts' 6th District 6th-term Democrat
	Representative Tim Walz Minnesota's 1st District 1st-term Democrat
	Representative Frank R. Wolf (R-VA 10th) Virginia's 10th District 14th-term Republican
	Representative Lynn Woolsey California's 6th District 8th-term Democrat
	Representative Albert Wynn Maryland's 4th District 8th-term Democrat Key committee(s): Energy and Commerce

From Digital Music News: "...Just recently, [Clear Channel Radio] widened a pilot program involving a range of SMS-based concepts, including text-based song requests and dedications. Other aspects of the initiative include mobile-based alerts of upcoming songs, and the ability to view playlists on mobile devices.

"The broadened group of participants includes a number of leading stations in New York. Broadcasters like WHTZ-FM Z100 (Contemporary Hits Radio), WAXQ-FM Q104.3 (Classic Rock), WKTU-FM 103.5 (Rhythmic Adult Contemporary), WWPR-FM Power 105.1 (Urban) and WLTW-FM 106.7 (Adult Contemporary) are now spinning the latest concept.



"That expands an initial test involving Z100, a push that included mobile streams, podcast interviews, and various SMS-based components. The initial experiment required a $2.99 monthly fee, though the refreshed initiative is being offered free-of-charge...



"'By making these applications available for free via any cellular phone carrier, Clear Channel Radio is monumentally expanding access to its growing mobile content portfolio,' said John Hogan, chief executive of Clear Channel Radio. 'Each application allows users to have an individualized, on-demand experience, which will strengthen listeners' connection with their favorite radio stations.'"

Read the entire article at Digital Music News.