Numerous webcasters have filed a request for an emergency stay in the U.S. Court of Appeals for the D.C. Circuit could delay "D-day" for the webcasting industry  should the CRB rates remain unchanged.

The motion, filed by the Digital Media Association in conjunction with National Public Radio, and the Small Commercial Webcasters, formally requests the court delay the implementation of the CRB's "radical and arbitrary" recording royalty rate increase imposed May 1. Legislation that would repeal the rate increase is pending in the Senate and the House, but may not be brought to a vote in either chamber before July 15th, the day the first payments for the newly increased rates for webcasters are due...

SaveNetRadio spokesperson, Jake Ward said, "We are hopeful that today's motion for an emergency stay will afford the Internet radio industry crucial time to rehear this case... SaveNetRadio and the millions of webcasters, artists and listeners we represent urge the Court to give this motion full consideration."

For complete language of the motion for an emergency stay filed today visit SaveNetRadio.




From the Wall Street Journal: "A battle over increased royalty payments for songs on online radio is moving into high gear, as online radio companies pressure Congress to ease increases they claim will put some concerns out of business.

"Yesterday, groups representing online radio companies filed preliminary paperwork in the District of Columbia Circuit Court to appeal a ruling that would double rates payable to record labels in three years. They are also planning to file as early as today a motion to stay the ruling on the new rates, which they are supposed to start paying July 15, retroactive to 2006.

"Since the March ruling from the Copyright Royalty Board,...webcasters have swung into overdrive, asking the 49 million Americans who listen to Internet radio to call their representatives to ask them to back legislation in the House and Senate...

"So far, the Internet-radio legislation has been gathering sponsors at a brisk pace. In the House, it has 100 co-signers since being introduced...

"The quick action is in large part because thousands of consumers have been calling, faxing and emailing their representatives. During a two-week period in May, messages to Rep. Inslee about Internet-radio royalties outpaced all other issues, including Iraq and immigration, a spokeswoman says.

"That's thanks to a highly organized grass-roots campaign, with a large number of online radio services pitching in...

"John Simson, SoundExchange's chief executive, says that the rates are fair, adding that music companies didn't get everything they wanted."

Read the entire article at the Wall Street Journal online.

From Mark Ramsey's Hear 2.0: "'CBS today will announce the acquisition of Last.fm for $280 million.'

"What is Last.fm, you ask?.. what it really is is personalized online radio. It's radio that learns what you like and gets better — for you personally.

"I don't think I need to spell out the implications of this, do I?

"Fast-forward two years and you'll see Last.fm integrated in all of CBS's radio websites which, for the first time, will enable customized versions of the analog stations you love — and whatever else your heart desires. Stations that could ultimately be available via mobile technologies. Stations that could theoretically include advertising.

"It is inevitable that radio — or aspects of radio — will become personalized. If personalizing advertising makes Google virtually priceless, what effect on listeners does personalizing radio have for CBS?..

"Instantly, the value of a huge 'variety' of channels or stations will be obliterated. Because ultimately nobody wants a hundred diverse channels or stations. They want THEIR one or two or three diverse channels or stations. A hundredstations is what you provide when technology limits you from doing better...

"Bad news for HD. Bad news for satellite. And bad news for you if you expect your station's future to be strictly tied to terrestrial broadcast."

Read the entire post at the Hear 2.0 blog.

...

x Mark could be right about Last.fm being integrated into all of CBS's radio websites, but I could also see this going totally the opposite direction: It might be smarter for CBS if the Last.fm team is encouraged to compete with the broadcast radio stations. In the book "The Innovator's Dilemma," author Clayton Christensen makes the point that when an established industry player (e.g., CBS Radio) tries to roll out a "disruptive technology" (e.g., Last.fm), internal forces predictably come into play — forces that try to bend the new technology to the needs of the established business, and in doing so hurt the rollout of the new. I'm not sure that it's even possible to create a Last.fm-ized version of WXRT or K-Rock; the two concepts are almost antithetical to one another. The fact that Last.fm seems to have been purchased for the CBS Interactive division, not the CBS Radio division, makes me think that this may be what CBS had in mind — to keep them separate and to let Last.fm compete freely. I believe that might be the smarter play. -- KH x

From RadioWorld Online: "Radio stations interested in working with Google are getting some insights this week from Wachovia’s Wall  Street analysts.

"The analysts had a client conference call with Eric Mastel, Radio Division president of Max Media; he is responsible for 37 radio stations in seven markets...

"The analysts' findings: Google provides broadcasters more flexibility than expected...

"Max Media’s first contract was signed in early 2005 and renewed a year later. It covered a 12-month period with no automatic renewal and granted Max Media the ability to cancel at anytime, given a 180-day advance written notice.

“'The financial terms include a 50/50 split of all sales as well as a minimum CPM guarantee for all spots,' Wachovia summarized. 'Mr. Mastel commented that at Max Media, Google has typically paid 3-4 times the minimum guarantee, and its rates are more than Max Media would get had it not used Google (since inventory that goes unsold generates no revenue),'...

"The agreement with Google/dMarc has introduced 'numerous' new advertisers to Max Media’s radio stations, Wachovia said."

Read the entire article at RadioWorld Online.