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Major Broadcasters Hit With $12M Payola Fine

Gr8Apes writes with a just-breaking AP story reporting that the FCC is wrapping up a settlement in which four major broadcast companies would pay the government $12.5 million and provide 8,400 half-hour segments of free airtime for independent record labels and local artists. The finish line is near after a 3-year investigation. An indie promoter is quoted: "It's absolutely the most historic agreement that the independent community has had with radio. Without a doubt, nothing else comes close."

21 of 222 comments (clear)

  1. What I want to know by overshoot · · Score: 4, Funny

    ... is how Clear Channel and the Big Five are going to neuter this so that they technically comply but don't mess up a good thing.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:What I want to know by bizitch · · Score: 4, Insightful

      Easy - they will give the indie labels plenty of air time ....

      Sunday morning around 2am-ish

      --
      ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
    2. Re:What I want to know by pfhlick · · Score: 5, Insightful

      The FCC is just patting themselves on the back for letting the big four broadcasters off the hook and making a little cash as a sideline. It's a bunch of garbage. They will commit airtime to 'independent' acts, wait for some cream to rise and mine them as best they're able. People who listen to commercial music radio get exactly what they're asking for: 20 minutes of ads to 40 minutes of recycled singles from the 80s, 90s, and beyond! Radio will stay the same. The music industry has been aware for some time that the only way to get the common slob to keep buying the same rehashed "new sensation" garbage is to bribe the broadcasters to beam it directly into the cars that they're slavishly dependent upon. Radio stations will continue to broadcast feeds from 1,500 miles away on autopilot, 24 hours a day, with some fresh indie flavor thrown in for the rebellious young americans. They will continue to bombard you with ads for auto glass repair and continue to not serve the communities they're located in. Switch it off, it's a setup.

      --
      So long, and thanks for all the fish
    3. Re:What I want to know by Ripley · · Score: 5, Funny

      Easy - they will give the indie labels plenty of air time .... Sunday morning around 2am-ish
      For example, Sunday March 11, 2007 from 1:59 AM to 3:01 AM.
  2. Re:How is this "news for nerds"? by twostar · · Score: 4, Funny

    What about "music" nerds? How come it always has to be about "computer" nerds? Can't we be inclusive and support all the nerds of the world?

  3. They've already paid their settlement, unknowingly by Radon360 · · Score: 4, Interesting

    Large broadcast companies probably have paid a higher price in loss of listenership, as their tired, weary, and limited playlists have driven more and more people to alternatives such as iPods, MP3 players and satellite radio.

    Sure, go ahead, fine them, order them to allocate time to new acts, that's a small loss they can see on their balance sheets in comparison to the difficult to calculate loss of listenership.

  4. 12.5? by mastershake_phd · · Score: 4, Insightful

    $12.5 million and provide 8,400 half-hour segments of free airtime for independent record labels and local artists

    A paltry $12.5? Isnt it great when a company gets fined less than it probably made by committing the offense. Its called a cost benefit analysis, basically if crime pays they commit the crime. 4,200 hours of independent/local music sounds good though. I wonder who gets to pick who gets the time.

  5. Just the broadcasters? by Zeek40 · · Score: 5, Insightful

    Why aren't the Music Labels who are offering the payola being fined as well? If the police see a drug deal, both the buyer and the seller will be arrested. How is this any different?

    1. Re:Just the broadcasters? by Otter · · Score: 5, Informative

      This is the FCC, not the police. They don't have any authority over the labels.

    2. Re:Just the broadcasters? by HungWeiLo · · Score: 4, Funny

      How is this any different?

      I don't try to pawn my VCR for $10 at 2am to get my Britney Spears fix?

      --
      There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
  6. Re:Way too little by Orange+Crush · · Score: 5, Insightful

    And far too late. Fine them out of existance.

    Screw fining them. Revoke their broadcast licenses. The spectrum "belongs" to the public. They're granted exclusive use of little slices of the spectrum in exchange for playing by our rules (well, the FCC's rules, anyway). Break the rules, and your spectrum goes to somebody who will make better use of it.

  7. Re:Very cool... by xerxesVII · · Score: 5, Insightful

    Simple. They'll do one of two things (or probably both):

    1. These half-hour blocks will be aired somewhere between midnight and six a.m.
    2. They won't say that this is something they're required to do. They'll crow about how cutting edge and forward thinking they are.

    --
    "We shall grapple with the ineffable, and see if we may not eff it after all." - Douglas Adams
  8. "independent" labels by gEvil+(beta) · · Score: 4, Insightful

    I worked for a brief while in the music industry and can tell you that this won't mean a thing. The airtime that will be devoted to independent labels will get sucked up by independent imprints and offshoots that still very much bow to their corporate overlords. There are quite a few "independent" labels out there that are run by someone in the A&R department at a major label. Consider it their "hobby" record label. However, quite often they have agreements whereby the major label that the "independent label" owner works for has first rights to signing any bands that the "independent" label managed to dig up. Labels like this are just another cog in the machine, and I assure you this is where the majority of that airtime will be going...

    --
    This guy's the limit!
  9. Re:How is this "news for nerds"? by DigitAl56K · · Score: 4, Insightful

    This is perhaps the most exciting news that I've heard in the past month, if not substantially longer, with regards to the media. It actually made me sit back and think "wow..." in near disbelief.

    Slashdot runs articles on the MPAA and RIAA all the time. I personally could not be happier that independent artists are going to get some mainstream airtime, and I hope it inspires a change in the way that people choose to consume content - perhaps learning the value in seeking out lesser known artists instead of spending their cash on whatever happens to be pushed through more commercialized channels.

    One of the benefits of technology and the Internet is that they lessen the gap in quality of product (for lack of a better term) and exposure that can be achieved between enthusiasts and large well funded commercial entities. This is an excellent opportunity for the best of these artists to be recognized through alternate channels.

    It is absolutely news for nerds. Best of luck to all those who benefit from the free airtime :)

  10. Marketing for Lemmings by rlp · · Score: 4, Insightful

    Let me get this straight. The recording companies are illegally paying off radio broadcast networks to get exposure for their music. At a time when the number of listeners to broadcast radio is in decline. At the same time, they're trying to kill off Internet radio, satellite radio, and trying to strong-arm their main on-line distributer - Apple. Oh, yeah - and don't forget lawsuits against their customers. Either the heads of marketing in the recording industry have large short positions in their own company, or else there's a serious need to start drug testing.

    --
    [Insert pithy quote here]
    1. Re:Marketing for Lemmings by rlp · · Score: 4, Insightful

      The recording companies are distributors. Musicians supply them with music that they then sell to retailers like Apple, Wal-Mart, etc. These in turn sell to the public. They've grown used to controlling every aspect of the distribution process and as a result grabbing the bulk of the revenue generated.

      If you look at the history of American railroads in the nineteenth century, it was similar. They controlled distribution of goods and in many cases could charge what they wanted. Farmers, manufacturers, retailers, and consumers suffered, but had no alternative. At least till technological development changed things (trucks and highways). Then suppliers and consumers had a way of bypassing the rails, and did so. Eventually the rail companies adapted (mixed mode transport) and even prospered.

      Like the railroads, the recording industry is trying to maintain control. And now the environment is changing. Unlike the rails, the recording industry appears to be unable to adapt and determined to shoot themselves in the foot ... repeatedly ... with large caliber weapons.

      --
      [Insert pithy quote here]
  11. Re:Who listens to this crap, anyway? by Radon360 · · Score: 5, Insightful

    Some time ago, this was a valid remedy for substandard programming. The biggest reason being that FCC regulations prohibited an entity from owning more than one station in a market area. That has since changed. Now you have large broadcast conglomerates that own several stations in a market. Sure, they don't want to compete against themselves, so they typify each station with one of their "researched" genre formats (i.e. A.C./Top40, Country, Urban/Rap, Alternative, 70's/80's etc.).

    Of course, each one of these formats are based upon listenership tuned in, on average, 20 minutes at a time. So what happens? They put a handful of "popular songs" into heavy rotation so that there's a good chance that it will play during some 20 minute window. And, of course if the research works in one market, then why not apply it to all of the conglomerate's markets. The result, any particular format is pretty much homogeneous across their span of coverage. Stations begin to lack individuality (outside of their personalities and callsign sweeper).

    So what about the independents? Well, if they grow enough listenership in a market, they become ripe for a buyout by "big radio". One would think that new independent stations would come in to replace them, but you need to remember that "licenseable" spectrum is finite. At some point, there are no free channels left to assign, and this has already been the case for a long time in larger markets.

  12. Re:How is this "news for nerds"? by hackstraw · · Score: 4, Insightful

    This is perhaps the most exciting news that I've heard in the past month

    This is perhaps yet another example of the old boss being the same as the new boss.

    So, we have media cartels that through payola, DMCA, and copyright do whatever they want, and now the government comes in and says. "We've been nice to you, now you have to pay some extra protection so something bad does not happen to you".

    The media cartels are still there. Payola just got temporarily more expensive. DMCA is still here, and nothing is different.

    I would much prefer if there was an actual free market. The entertainment business has gotten absolutely horrible, where entertainment is the lowest priority, and legislation and money is the priority today.

    I remember when bands could fill up football stadiums in the 70s, 80s, and early 90s. Today, its tough to sell out a 10,000 to 20,000 venue, and when that happens, its an older band playing their greatest hits from a decade or more ago.

    All of this crap has stifled creativity. I don't think creativity is down in the human gene pool, I think the ability for creativity to come out is practically illegal.

  13. Re:How is this "news for nerds"? by danpsmith · · Score: 5, Insightful

    I hope it inspires a change in the way that people choose to consume content - perhaps learning the value in seeking out lesser known artists instead of spending their cash on whatever happens to be pushed through more commercialized channels.

    Don't get too high on the hype. If the people I know are any indicator there are two types of music listeners, and one is about 10x more popular than the other:

    • People that actually enjoy music - These people actually like music for music's sake, they enjoy the composition, the content, the lyrics, the entire package. They generally enjoy the concept of art as an abstract thing and enjoy the self-expression, creation and craft involved with such works. Music to them is a type of masterpiece in the same way it is as other things (painted art, literature, etc).
    • People that enjoy music that fits needs, be it popularity, etc. - These people, and I honestly do think that they constitute more of the majority of listeners these days, aren't particularly concerned with quality. They want dancing music, or they want music with lyrics that relate to an ex-boyfriend or girlfriend that pisses them off or other utilitarian type listens. They use music as a way of relating to others in that they like what's popular because it is popular, either in general or in their particular little group. These type of people generally only like either what's popular or one particular type of music or what they've been exposed to repeatedly. Music isn't something new to be discovered, it's a social phenomenon upon which they build their friendships and status. People in this category generally don't like anything that's not already part of their peer group or they haven't been introduced to by a member of their group, or their particular form of popular music exposure.

    Leaving generalities behind, I honestly think that people will not necessarily change what they like simply because a popular radio station has to play some alternative music. In fact, I think you'll find that people actually do prefer Britney Spears squealing out a couple of crappy songs to anything alternative in some cases. The truth is that for far too many people, music isn't music for music's sake. It's a means to a goal, it's an end in some form. They have a stake in it other than the enjoyment of it itself.

    Every now and then you'll get a band like The Beatles or Led Zeppelin that can innovate and still remain popular, however, it's not usually the case. In most cases the public gets exactly what it craves: bland repeat crap from the same five artists because they can't wrap their brains around anything new or different. At least this public, this generation. Maybe I'm just too cynical and the people I hang around are dullards that don't appreciate different music. But it sure seems like that's the majority of people from my angle.

    --
    Judges and senates have been bought for gold; Esteem and love were never to be sold.
  14. Re:What about Air America? by DeepHurtn! · · Score: 4, Insightful
    "Free markets" only have a chance in hell of actually functioning anything like the fantasies of neo-liberal economists if consumers have the resources to make informed decisions. Payola blatantly violates that, by turning the song into nothing more than a paid advertisement for price-fixed pieces of plastic and presenting it as if its placement on the Top 40 is the result of requests or other measures of popularity. Oligopolies are the enemy of the free market because they can make backroom deals like this out of the public eye that distort the market.

    Besides, these companies do not have an inherent right to broadcast at all. You, as an American, own the airwaves, NOT the broadcasters; they are using a public resource for private gain, and part of that deal is that they owe something to the public. Asking them to kindly not lie out of their teeth in order to enrich a few people's pockets doesn't seem like much to ask, eh?

    Finally, I don't think you, as an American citizen, *need* to accept anything! As a citizen, aren't you theoretically part of the body politic...? Are you not, in theory at least, participating in your country's sovereignty, in fact the ultimate basis for that sovereignty? Are you really happy to surrender that sovereignty to entrenched business interests? If so, what's the point of Democracy at all? Government for the people, by the people, and all that jazz?

  15. Re:Very cool... by nine-times · · Score: 4, Funny

    ...but most large commercial stations aren't interested in promoting small independent acts from other markets, especially if the act doesn't tour and appear in that station's coverage area.

    That's funny. I didn't realize that the broadcasters were in the business of promoting bands. I thought they made their money selling advertising, and therefore tried to find good music to keep listeners. So does that mean record companies are paying broadcasters to promote these bands?

    By the way, what's payola?