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Sen. Feingold Reintroduces Radio Competition Bill

jonerik writes "Billboard is reporting that Sen. Russ Feingold (D-Wisc.) has reintroduced his Competition in Radio and Concert Industries Act, which is aimed at limiting the concentration of radio stations and concert promoters in the hands of a few large companies, such as Clear Channel. In addition, the bill would close loopholes in payola laws which currently permit 'pay-for-play' deals between record companies and radio stations 'unless an appropriate sponsorship identification announcement is made.' The bill's introduction comes as the Senate Committee on Commerce, Science, and Transportation prepares to hold a hearing Thursday on the problems of radio consolidation, and the committee's chairman, Sen. John McCain (R-Ariz.), is expected to sign on soon as the bill's co-sponsor."

32 of 364 comments (clear)

  1. Feingold steps up to the plate... by Carrierwave · · Score: 5, Insightful

    With the loss of Paul Wellstone, Russ Feingold is one of the strongest supporters of liberal ideals and causes left in the Senate. It's good to see him getting support from the Republicans in the form of McCain. Democrats certainly can't afford to go it alone in their current minority status, so to get any decent laws passed, we're going to need to have Republicans crossing party lines to support bills whose bottom line is not aimed at increasing the wealth of the wealthy for once.

  2. Re:How about by DAldredge · · Score: 2, Insightful



    Why use the goverment to quiet those with whom you do not agree?

  3. Wow. A good deed(tm). by bobetov · · Score: 5, Insightful

    Every now and again, after the cynicism and the corruption and the payola and the lobbying... our government comes through.

    I get so depressed, reading about DMCA suits & SLAPPs, reading about corporate (*cough* Coble) whores. You get to thinking that the government is just trying to screw us all.

    And yet, there are good guys. There are champions of the common man.

    I feel pretty good.

    --
    Looking for a Rails developer in Chapel Hill?
  4. Russ Feingold kicks ass! by MillionthMonkey · · Score: 4, Insightful

    The only guy in the Senate with the balls to vote against the PATRIOT Act. Thanks, Russ. When the rest of them panicked and stampeded to trade our liberty for security, you were the one true patriot.

    All you nerds in Wisconsin better vote for this guy when he comes up for reelection. A good Senator is a rare thing indeed.

  5. Re:How about by tuba_dude · · Score: 3, Insightful

    Good question, but how are we (or anyone for that matter) going to fight that much money any other way?

    --
    "The government of the United States is not, in any sense, founded on the Christian religion."
  6. Can't say I agree. by squarooticus · · Score: 4, Insightful

    It's unfortunate that what he stands up for is often unconstitutional. Think restrictions on political speech in the campaign finance reform legislation. What part of "Congress shall make no law..." are they having trouble with?

    --
    [ home ]
    1. Re:Can't say I agree. by Anonymous Coward · · Score: 5, Insightful
      I see this argument as fitting well within the thrust of Libertarian ideals, which I don't ascribe to, but I understand your point.

      I disagree, to be certain, but understand that I'm not going to try to change your mind. I recognize this as one of the fundamental differences people have in politics and I still don't believe there's one right way to do things.

      My perspective is that the Constitution, as with the rest of law, is not immutable, and that utmost respect must be given to both the wishes of the founders as well as to the world we're trying to live in today and the wishes of the people living in the country. The Constitution was a good start, but we've amended it in the past to fit better the ideals of the nation while stripping away parts that did not (examples of both aren't hard to think of).

      Campaign finance reform, in my opinion, is more about restoring the speech of the people than it is about silencing them. The majority are heard on very little anymore because money speaks louder than words, and while this has made pretty good business sense it's made attention to non-profit-bearing issues pretty minimal over the last fifty years, not to mention creating (or continuing in some peoples' opinion) a government that largely favors the moneyed. Sen. Feingold sticks out not because he is a maverick but because the system itself has forgotten its duty to serve citizens instead of stockholders and CEOs.

    2. Re:Can't say I agree. by An+Ominous+Coward · · Score: 5, Insightful

      Corporations.

      Aren't.

      Really.

      People.

    3. Re:Can't say I agree. by Anonymous Coward · · Score: 2, Insightful

      Money ain't speech. Anyone who tells you otherwise is a damned liar.

    4. Re:Can't say I agree. by Guppy06 · · Score: 4, Insightful

      "What part of "Congress shall make no law..." are they having trouble with?"

      Probably the part where money is considered speech. Note we're talking about campaign finance reform legislation.

  7. Hmm... by Anonymous Coward · · Score: 2, Insightful

    What about the problem with BREAKING UP radio stations? Many might go under or have severe financial problems due to restructuring and cutting off from their main backup cash source (companies like ClearChannel). I'd hate to see a single station go down or be forced to let a bunch of staff go just because they are essentially forced to by a bill...

    Don't get me wrong, I hate ClearChannel just as much as anyone; I'm just wondering about the individual stations in the event that this passes...

  8. Re:How about by DAldredge · · Score: 1, Insightful

    Try providing a product that millions of people will listen to. If you provide the numbers the ad dollars will follow.

    CC and the others put on that type of radio BECAUSE IT MAKES THEM MONEY.

  9. Re:How about by tuba_dude · · Score: 3, Insightful

    It's been attempted before, and while that works here and there, ever paid attention to Microsoft's tactics or (back in the day) Standard Oil's? If it looks good try to starve it's business by dropping prices temporarily (since you've got enough money in reserve to do this sort of thing), and if it still pulls through, buy it then hole it off in a corner somewhere.

    --
    "The government of the United States is not, in any sense, founded on the Christian religion."
  10. what's wrong with pay-for-play? by geekee · · Score: 3, Insightful

    So, radio stations must pay copyright holders to broadcast their songs, but in order to charge for the otherwise free advertising they're giving these songs, they need to say "paid for by Warner bros."? What happened to freedom in this country. Why does the govt. feel they need to regulate everything? If a radio station wants to play unknown stuff from independent artists, let them. If they want to take cash to play stuff from artists with deep pockets, why shouldn't they be able to? Radio station have the right to free speech, not the obligation to play music without compensation.

    --
    Vote for Pedro
    1. Re:what's wrong with pay-for-play? by PetWolverine · · Score: 5, Insightful

      Radio station have the right to free speech, not the obligation to play music without compensation.

      This bill doesn't ask them to play music without compensation if they don't want to. It asks them to be honest with us, the listeners, when they do so, to encourage them to choose to play music that's good, rather than music that's being promoted in expensive ways.

      What happened to freedom in this country.

      As far as I can tell, companies like CCC bought it.

      Rhetorical questions like that are not an effective way to convince people. Keep in mind that since not everyone agrees with you, the answer someone else gives to such a question may be different from what you expected. For instance:

      Why does the govt. feel they need to regulate everything?

      You're expecting an answer along the lines of "Because we're control freaks, because we want to institute a totalitarian regime, muahahaha!" But the fact is that for many people, the answer is "Because we do have to regulate everything." The way to convince people--or better yet, mutually arrive at a truth that may be different from anyone's initial views--is to ask, without sarcasm, why we would be better off this way.

      In case you care, my answer to that question is that the government should regulate cases such as this because it benefits the consumer, whose rights should always outweigh the rights of corporations. This is because, simply, people are people, and real, whereas corporations are simply groups of people. Situations that benefit corporations benefit the individuals who are members of those corporations, whereas situations that benefit individuals in general benefit all the same people, and many more.

      Now somebody will respond saying that I've oversimplified this, and my preemptive response to that is that to do this subject justice would be to write volumes on it. I think what I've said above captures the essence of the liberal view.

      --
      I found the meaning of life the other day, but I had write-only access.
  11. Ever heard of Congressman Ron Paul? by Anonymous Coward · · Score: 1, Insightful
  12. The real motive? by andyring · · Score: 2, Insightful
    While I cannot profess to have read the article or the bill, I wonder suspiciously what might be behind this. Remember a few months back when Tom Daschle, Al Gore, and the "usual suspects" among the Democratic party were whining and moaning because talk radio has few to no "liberal" shows to "combat" hosts such as Rush Limbaugh and Sean Hannity?

    I wonder if the real motive isn't a return to the Fairness Doctrine of a decade or two ago, requiring radio stations to give equal time to a variety of viewpoints? Democrats have tried and tried again to get their own talk show going, and it fell flat on it's face every time. But, if they can do it through legislation, I bet they would.

    I hope this is not the case, but with Feinstein, one of the most liberal in Congress, behind this, I'm all but positive this is a huge part of this whole thing.

    1. Re:The real motive? by stratjakt · · Score: 2, Insightful

      That was the funniest fucking show of stupidity from the Beltway in eons.

      "The media is biased against liberals!"

      You cant legislate the 'media', because what they're talking about is entertainment (which is what Limbaugh, Hannity et al are). Back in the 60s the nightly news was very conservative, so the liberal views were the 'counterculture' that people flocked to.

      Now liberal is the mainstream, and the conservative views are the 'counterculture' that makes stars.

      It's ebb and flow, and cant be controlled.

      And I doubt any of this has anything to do with this bill. I think it's actually feasible that some in high places actually do have the public good in mind, and realize it is not best served by a payola-driven industry owned by one corporation.

      --
      I don't need no instructions to know how to rock!!!!
  13. Re:But, gosh... by Anonymous Coward · · Score: 1, Insightful

    Along with the same 80 commercials ?

  14. Re:How about by Black+Copter+Control · · Score: 4, Insightful
    Why use the goverment to quiet those with whom you do not agree?

    That's what Clear Channel has done. They've taken control of most of the more popular radio stations. Only people with enough money to hold them off or a small enough market share that they're not worth it can stay independant. Of course, someone with enough money would be hard pressed to turn down a price that only makes sense to a monopolist. As Clear Channel controls more of the market, they'll alswo find it more worthwhile to go after smaller, and smaller stations.

    Once a company has gotten a stranglehold on a market, FCC rules make it very hard for a competetor to start up. At that point the monoply holder has an effective stranglehold on radio speech in that market, with the government quieting any nascent dissent.

    --
    OS Software is like love: The best way to make it grow is to give it away.
  15. Re:A blow to individual freedom by lambadomy · · Score: 2, Insightful

    Have you ever in your life heard of a market externality? Or a monopoly? Do you have any idea how bad these things can be? Obviously not.

    As for your argument that this is a war against freedom, you need to understand that radio has always been regulated, from the content available to who owns can broadcast on what frequency. To say that what exists now is based on market forces, but that laws passed to change how it is are anti-market is totally wrong. Maybe it would be nice to just blow it all up and start over and see where "free market" takes us, but it sure as hell isn't going to happen.

    Oh, and how in the world is a "free market" the purest form of democracy in existence? Voting with your wallet means people with larger wallets...get more votes. Not democracy my friend. Not at all. Anyway, in a democracy, the power comes from the people, not the corporations. I think you're thinking of a different political system.

  16. Re:Not Big On The Man, But Love The Idea by Anonymous Coward · · Score: 1, Insightful

    And with the fact that Sen. Feingold's name was attached to the story, I thought that was certainly the case. I have to say that I don't usually like the Senetor's ideas at all (I'm a very strong conservative) but I LOVE like this idea. The fact that McCain (a strong conservative who's ideas I almost always like) is expect to co-sponser says alot about how good this bill really is. Whichever party your alegiance lies with, you've got to admid this is a pretty good idea.


    You'd think that on a techie blog like slashdot people would accept ideas based on merit as opposed to, say, a religious level like Linux vs. Windows... Oh.

    There are 2 people in government right now that deserve not to be labeled as "liberal" or "conservative" or any of that other bullocks. Russ Feingold and John McCain both defy those catagories with their common sense positions.

    Russ and John are both such straightforward politicians that it besmirches both of them to write such things. Either one is worthy of a republican's or democrat's vote. In case you hadn't noticed (are you old enough to vote?) McCain and Feingold have been partnering on quite a bit of legislation. Campaign reform bill - what was the name? That fact that you like the idea because it McCain backs it indicates that you are a bigot. The idea is the same whether Diane Feinstien or William Buckley spouts it out. You're the one attaching your bias and predjudice to it.

    Thank God I have the chance to vote for Russ as long as he chooses to run. I only wish I had a chance to vote for McCain. They both rock!

  17. Re:ClearChannel ruined radio by Brendan+Byrd · · Score: 4, Insightful

    But why should government have the authority to tell a company (large or small) how to do business?

    And to answer that, lemme quote what was said in an above post:

    Corporations.

    Aren't.

    Really.

    People.

    They have no rights. They can't claim that we're "stepping on their Constitutional rights" because they don't have any. Otherwise, corporations could sue the government for trying to enforce monopoly laws. We limit corporations from becoming monopolies (or rather abusing as a monopoly), because they have no rights as a corporation. A corporation is merely a entity to hold money. THAT'S! IT! No rights. Not a person. No rights. Therefore, we have EVERY right to limit the way they do business.

  18. Re:ClearChannel ruined radio by afidel · · Score: 4, Insightful

    No, this is government undoing a wrongfull artificial monopoly that they put into place. Radio spectrum is a scarce resource and the government gives out the liscense, in exchange for those liscenses we the people expect something in return, if the fact that Clearchannel is a monopoly is hurting our interests we are perfectly within our rights to try to get something back for those liscenses by reappropriating them in a way that we expect will bring back the things we want (like an end to the sucky same playlist heavy rotation crap that clearchannel broadcasts on their vast array of stations so that we can never escape it)

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  19. Re:Go Russ! by Tony-A · · Score: 4, Insightful

    misguided attempts at fixing corruption by introducing even more _government_ regulations which are the very reason corruption even exists.

    Sorry, without government regulations, corruption is *ALL* that exists.

  20. What about Internet Radio? by Mr+Bubble · · Score: 4, Insightful
    I sent this to the senator:

    I need to check this out further, but a read over the press release shows no mention of Internet Radio.

    I certainly support the bill * can I get an amen? * and I suppose you have to pick your battles, but doesn't Internet radio need a little fairness also?

    I would like to see parity between Internet broadcasters and FM broadcasters regarding what is required of them by the RIAA. The RIAA doesn't want independent Internet radio stations to succeed and is imposing stifling reporting requirements (i.e. song, title, time played, listener's IP address, listener's blood type etc.) and exorbitant copyright compensation fees. As it stands now, independent Internet radio stations are dying.

    I believe that radio will eventually be "broadcast" almost exclusively over IP networks with the wireless component being handled by ubiquitous, low-power, ultra-wide band radio in the city and satellite radio in the country. I think an explosion of music could happen if the RIAA would just get out of the way. Instead, they seek to hinder this explosion because it is not something they understand or feel that they can control.

    I urge you to consider that "small and independent" radio is increasingly going to be an Internet phenomenon and we future station owners need your help.

    Thank You

    --
    "The world is a construct of forceful imagination. Those who don't know walk around in the reailties of those who do"
  21. They're groups of people by Gorimek · · Score: 2, Insightful

    Sure, but they are groups of people.

    Everything a corporation does is done by people. And everything they say is said by people, who have the right to free speech. So I don't understand how the people/corporation distiction would change anything.

    1. Re:They're groups of people by Malcontent · · Score: 3, Insightful

      Well no matter what you think I don't actually think you believe that a corporation is the exact same thing as a human. If they are not the same they they should not be treated the same. Pretty simple no?

      Look at it this way.

      In the constitution it uses the phrase "endowed by their Creator with certain unalienable rights". Now I don't know about you but I was not created by lawyers. Humans have certain rights because they have a divine creator. Corporations have rights that are given to them by the lawyers who created them and the lawyers that made their creation possible. Again pretty simple no?

      Finally. I am a mortal and I have a soul. A corporation is immortal and soul-less. If you look at the history of humans you will see many legends and religious texts about soul-less immortal beings. For example in revelations there is a soul-less immortal being with seven heads and ten horns. Perhaps they were talking about a corporation with seven headquarters and ten divisions.

      --

      War is necrophilia.

    2. Re:They're groups of people by ZoneGray · · Score: 3, Insightful

      >> Corporations have rights that are given to them by the lawyers who created them

      As a generally libertarian thinker, I've recently been tossing around the notion that there have been two great government interventions since the time of Adam Smith, and that these are at the root of most modern discontent with free markets.

      In listening to the left, you always hear anger directed at "Corporations", as if a corporation were something you could be angry at. But corporations are NOT people. They do not have souls, they cannot feel guilt, they cannot feel pain or love. Corporations existed at the time of Adam Smith, but they were scarce compared to today, when even a housewife with a part-time business is likely to incorporate in order to compete without risking her family's home.

      The other huge government intervention into free markets has been intellectual property laws. While they existed in the 18th century, they were of little consequence compared to today. As copying technologies have advanced, so have the benefits of holding copyrights. And this has in turn has left us in the uncomfortable position whereby our IP laws are meaningless unless we impose them on other countries.

      My thinking recently received some validation from the Alpha Libertarian himself, Frederich Hayek. In "Individualism and Economic Order" (published 1948, written earlier) Hayek devotes a chapter to some of areas where so-called "Free" enterprise is promoted, but where it is not truly free. And sure enough, a large part of the chapter is devoted to intellectual property laws and to the rights accorded to corporations.

      To sumamrize Hayek's conclcusions, he basically agrees with the idea of protecting a songwriter or author's work, but that the direct extension of the laws of physical property is inappropriate and probably destructive. That may be "duh" material today, but sixty years ago it was prescient.

      Likewise with corporations, he argues that direct extension of the rights of a human to a group of humans is bound to create distortions of freedom, and laments that it has created a situation whereby the size of a corporation becomes an advatantage far beyond what is dictated by economics of scale.

      Reading that chapter was one of those "Bingo!" moments for me. It doesn't really provide a practical course of action to correct the situation (if we simply repealed the offending laws, economic chaos would ensue), yet it explains everything. I had noticed that most leftish people don't really dislike free commerce as much as you'd think based on the positions they take. Many of the more reasonable lefties at their heart enjoy commerce, they love the idea of "cottage industries" for example. Many, regardless of their politics, are personally just as independent-minded as many conservatives are.

      If nothing else, Hayek's observations present a clear distinction between Free Markets and Capitalism; Hayek compellingly argues that what is often sold as "free" enterprise is really just supply-side Socialism.

      Which brings us back to the subject of the article... folks, don't believe for a second that Feingold and McCain are doing you any favors. Once the structure of an industry is dictated by the political process, then the political process inevitably becomes corrupted to favor the existing players. The law may tough on the day it's passed, but in implementation, it will soon become a beaureaucratic playground where the big players have a huge advantage. They may oppose it up front, but you can be certain that they'll benefit in the end.

      If politicians really want to help, the should roll back the regulations that created the situation they're trying to fix. But that course is rarely politically viable, for numerous structural reasons. Instead, as PJ O"Rourke notes, "Politicians spend much of their time as skunks going around with aerosol cans of room freshener."

  22. CheapChannelRadio by shoji · · Score: 3, Insightful

    They say that ClearChannel has no real competition but it's not true -- check out CheapChannel Radio, a satiric competitor with a voice tracking program to rival even the big boys. Voice tracking is the system ClearChannel stations use to have a DJ in Houston pretend he's from cities all around the country to give canned stations a little "local" flavor. CheapChannel is a project of the Prometheus Radio Project, which was recently featured on the PBS's McNeil News Hour for their work promoting Low Power FM stations. The first site is fun, and the second is interesting, if you're concerned about media consolidation.

  23. Re:Payola only works for the big guys by namespan · · Score: 2, Insightful

    Long story short, after 6 days of strong ad-time and experiencing a jump in concert atttendance and merch sales, our ads were pulled (while still having 8 days left on the current ad contract). It turns out that the Indie was receiving complaints from a higher-up and threatened to drop that particular station from his list (which would make the station lose access to the latest hits. Remember that hits=ears=money). We were outraged. We couldn't even bypass the payola system in place, even though we were still paying to get heard on the radio.

    And if that's not a poster-child illustration of what's wrong with having large concentration of ownership/influence/control under a single entity, I don't know what is. These guys had something to get out there, and they couldn't pay -- at market values for airtime -- to get it on the air, because it upset those who had an interest in the status quo.

    What makes anyone think it couldn't be the same for political speech?

    --
    Libertarianism is rich wolves and poor sheep playing gambler's ruin for dinner.
  24. Who can afford to..... by pvjr · · Score: 2, Insightful

    It strikes me funny that lawmakers are concerned about anti-competetive practices among corperations (Clear Channel, Salem, Cumulus, et al), and not look at the environs that are creating such large entities...

    For example: K-localstation with a potential audience of 100,000 is humming along fine playing POP/AC along with web simulcast.

    Firstly, the RIAA managed to get legislation passed to receieve royalties, RETROACTIVELY - I might add, and therefore has to shut down the webcast and figure out how to pay for the previous casting...an expense no one could have reasonably foretold.

    Secondly, HugeRadio Corperation decides to entire the market, first by trying to purchase the local station for a mere pittance of actual value, then muscling in by sheer force, offering advertisers lower advertising, greater transmitting, etc....

    K-localradiostation cannot, already finacially strapped due to the RIAA, bad economy, etc, cannot possibly compete and eventually sells out, not to the first corperation, but to a compteting one.

    I don't see who breaking up these corperations are going to save the local stations without removing some of the legislation and "fees" that are killing them in the first place...smells like relection legislation to me.