BY PAUL MALONEY
Eight additional U.S. representatives have added their names
as cosponsors of the Internet Radio Fairness
Act (IRFA) since
last week, when representatives of the webcasting community canvassed
Capitol Hill in the bill's support. The names of all 35 legislators
who've signed onto the bill are listed in a table below.
The lawmakers who this week added their names are: Reps.
Maurice D. Hinchey (D-NY), Martin
Olav Sabo (D-MN), David E. Price
(D-NC), Virgil H. Goode, Jr.
(R-VA), Susan A. Davis (D-CA),
Deborah Pryce (R-OH), Robert
A. Underwood (D-Guam delegate), and Doc
Hastings (R-WA).
The IRFA, introduced byCongressmen
Jay Inslee (D-WA, pictured right), George
Nethercutt (R-WA), and Rick
Boucher (D-VA) in July (see RAIN coverage here), aims to help keep the smaller commercial webcasters
alive by exempting them from the Librarian of Congress's royalties
determination and opening access to the arbitration processes that
help determine rates.
The bill includes benefits for all
parties involved -- including broadcasters,
large webcasters, and even labels
-- in that it would revise the CARP standard for future CARPs from
"willing buyer/willing seller," which has proved problematic
for all parties, to a more traditional standard that involves fair
market value.
At its introduction, the IRFA had 13 cosponsors (in addition
to Inslee) in the House of Representatives. Calling the trip a success,
President of IO Media Partners and Radioio
founder Mike Roe told RAIN
yesterday that among the goals of the webcasters who visited Washington
last week was to increase support for the bill.
The bill is still a significant way from becoming law however.
It is still in committee, there is not yet a companion bill in the
Senate, and skeptics doubt the chances of a bill being passed so
late in the legislative year by a Congress dealing with terrorism,
corporate malfeasance, and the possibility of war with Iraq.
Rep. Jay Inslee (sponsor)
Rep. Geo. Nethercutt, Jr.
Rep. Rick Boucher
Rep. Donald A. Manzullo
Rep. James P. Moran
Rep. Patsy T. Mink
Rep. Rick Larsen
Rep. Dennis J. Kucinich
Rep. Gerald D. Kleczka
Rep. James A. Leach
Rep. Zoe Lofgren
Rep. Corrine Brown
Rep. Norman D. Dicks
Rep. Adam Smith
Rep. Timothy V. Johnson
Rep. Thomas H. Allen
Rep. Michael M. Honda
Rep. Neil Abercrombie
Rep. Roscoe G. Bartlett
Rep. Patrick J. Tiberi
Rep. Dale E. Kildee
Rep. Brian Baird
Rep. John T. Doolittle
Rep. Steve C. LaTourette
Rep. E. Bernice Johnson
Rep. Ralph M. Hall
Rep. Rosa L. DeLauro
Rep. Maurice D. Hinchey
Rep. Martin Olav Sabo
Rep. David E. Price
Rep. Virgil H. Goode, Jr.
Rep. Susan A. Davis
Rep. Deborah Pryce
Rep. Robt. A. Underwood
Rep. Doc Hastings
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BY PAUL MALONEY AND KURT HANSON
Once hailed by this publication as "possibly the best multichannel
webcast in America" (here),
Sirius Satellite Radio
is apparently now trying to limit the availability of their streaming
in an effort to promote their
satellite broadcast subscriptions.
Whereas one used to be able to listen to the webcast for
hours at a time, the player and stream now load normally, but after
about 20 minutes sound is cut off, and the player window
is reloaded with promotional information encouraging listeners to
subscribe to the satellite service (see screenshot below). However, a resourceful listener can continue listening by
simply going back to the website and launching a stream again.
When we reviewed the Sirius webcast for RAIN in January,
we noted that the 47 Kbps stereo Windows Media streams, the customized
front-end for Windows Media Player (that at the time showed graphics,
displayed 'Now playing' and the prior four songs, and provided presets)
(see illustration at left) and the live-sounding approach (as opposed
to the more-common jukebox-like series of tracks with pauses between
cuts) resulted in a great usability and
listening experience -- and even worked as a good promotional
tool for the subscription service.
"What surprises me most," Kurt wrote,"is
that Sirius's multi-channel webcast has totally sold me on satellite
radio. (By giving it away on the web for free, they're getting me
as a customer in the 'real world.' This is exactly how the Internet
was supposed to work!)"
Sirius's
larger competitor, XM Satellite
Radio, doesn't stream its actual programming content
instead, it offers prerecorded looped "samples" of several
stations.
SIrius must be caught between two conflicting concerns: On
the one hand, they don't want to pay streaming and royalty bills
for "freeloaders" who spend dozens of hours a month listening
to their commercial-free streams. On the other hand, no one is going
to get hooked on Sirius and compelled to have it in their vehicle
based on a mere 20-minute segment of listening.
From
Radio & Records: "No one is sure exactly when it happened,
but probably sometime late Sunday an unreleased Nirvana song titled
"You Know You're Right" started showing up on
Internet file-sharing sites — and it didn't take long to spread
to radio.
"According to Mediabase data, the first station in the
country to play it was Radio One's WPLY/Philadelphia,
which world-premiered the song on its morning show at 7am...
"While no one at Interscope was available for comment,
the
cease-and-desist orders from the label were flying all day Monday
and Tuesday. 'I respect the cease and desist order,' says [WPLY
PD Jim]
McGuinn...'As the Internet is usurping radio's ability
to spread exciting new music, we don't have a choice. We look kind
of lame when kids tell us they have a record that we don't.'"
This story appears today in the News section of R&R's
website here.
"Shouldn't
have to include...listeners confirmed to foreign IP addresses.."
In (yesterday's) RAIN reader feedback, Rusty Hodge noted something
I had wondered about myself, before
the Librarian's determination:
"If SoundExchange claims that foreign broadcasters have to pay
for all listeners in the US, does that mean that U.S.-based stations
don't have to pay for non-U.S. listeners? This is another of those
grey areas that need to be cleared up."
I believe this has been cleared up in the regulations adopted.
In 37 CFR § 261.2, Aggregate Tuning Hours is defined as "the total
hours of programming that the Licensee has transmitted over the Internet
during the relevant period to all end users within the United States
from all channels and stations that provide audio programming...."
Clearly, then, you shouldn't have to include in reporting listeners
confirmed to foreign IP addresses. Be sure you are confident, though.
Joel R. Willer
Assistant Professor of Mass Communications General Manager,
KXUL(FM)
University of Louisiana at Monroe
This feedback quotes Kurt's analysis following yesterday's lead story
here...
"There
isn't much diversity in here..."
"It's clearly in record companies' interests to keep this
set of small commercial webcasters alive, as they are the heart of
the diversity of Internet radio, giving valuable exposure to dozens
of genres of music and thousands of artists that don't get significant
AM or FM airplay."
But at the Muziklab roundtable, Simson said something to the
effect of: "Small webcasters say they need to be subsidized
because they provide diversity. Well, Launch.com
(Yahoo!) provides 150 different channels. How much more diversity
do you need than that?"
There are under 50 Launch.com channels,unless
you count their interactive channels and their "fan channels." There
isn't much diversity in here...heck, all the Electronica is grouped
under Dance.
Diversity? Only as much diversity as the big corps want to
give us.
Rusty Hodge SomaFM
"That's
stupid, dude..."
A moment of clarity:
The guy who cuts my grass at home said, “These record labels
send you free CD’s to give away and play on your station, but they
want you to pay to play them? That’s stupid, dude.”
Out of the mouths of lawn care professionals…
Scott Hawk Webrock.net
... Here is a growing list of webcasters
who, because they don't feel they can manage webcasting royalties
in a viable business, have decided that it's in their best interests
to silence their streams. (We thank them for their hard work
and dedication to their audiences and the industry, and wish
them luck in their future endeavors...)
Have
we missed others? Use the feedback form above or e-mail
us here.
Other public
stations now off line
This is from the SOS:
Save Our Streams website, which focuses the struggle
against thewebcasting royalty rates as they pertain to independent
educational and noncommercial stations.