Terrestrial radio is currently undergoing a major transformation. Using a technology called In Band, On-Channel (or IBOC), thousands of broadcasters are transmitting analog signals simultaneously with higher quality digital signals on their existing spectrum. In other words, stations are using their allotted spectrum to broadcast both an analog and digital signal at the same time.
Unlike analog broadcasts, which bleed over onto adjacent frequencies, digital signals are interference-free; it's almost like the signal is running on a train track. Since there's no need to compensate for the fade off of the station's main channel, the spectrum can be used much more efficiently. As a result, the station's adjacent or "side channels" can be used for new purposes, including entirely different programming, transmitting stock prices or traffic information, or even delivering software updates to your car.
For broadcasters, the transition to HD radio could mean the development of new revenue streams, either through the creation of entire new stations on these side channels, or through the leasing of their digital spectrum for data services. For musicians and listeners, HD radio holds the promise of a wider choice of programming.
HD Radio and Artists
Most artists' groups express broad support for the opportunities that digital radio presents to citizens and musicians. If implemented wisely, HD radio has the potential to reinvigorate radio through the creation of anywhere from three to five times the number of audio streams in a local market than are currently possible with analog technologies. Clearly, a more efficient use of the public spectrum means more opportunities for local programming, "niche" stations that focus on specific genres like bluegrass, jazz, classical or world, and more voices on the air.
The emergence of this technology also raises a number of questions for musicians. The first is whether the government will recognize that these digital services are more analogous to satellite services like XM/Sirius and webcast stations than they are to traditional radio. If so, HD radio broadcasters should be required to pay both the songwriting royalty and the performance royalty that is currently required for digital performances but not for terrestrial radio broadcasts (see also FMC's Public Performance Right for Sound Recordings Fact Sheet).
The second set of questions focuses on how the FCC will define and enforce public interest standards on HD broadcasters. In this transition from analog to digital, incumbent broadcasters stand to triple their license's usable spectrum. Indications show that the FCC intends to just hand this additional spectrum over to the incumbent broadcasters without thinking seriously about the long-term implications of this transition, how it relates to media ownership in local markets, royalty parity and its bearing on the Commission's public interest obligations. FMC and many public interest groups have been urging the FCC to adopt specific public interest obligations for HD radio.
HD Radio's Rollout in the US
HD radio is already widely deployed in Europe and some parts of Asia, but is just beginning to roll out in the United States. In 2004, the FCC opened a proceeding to collect feedback from stakeholders and citizens to determine the regulatory structure that will accompany the transition from analog to digital radio, but has not issued any rules yet.
This has not, however, stopped stations from launching their HD channels. By the end of 2007 there were over 1,500 stations - AM and FM, commercial and noncommercial - multicasting more than 2,500 channels, with many NPR stations leading the way in the transition. In December 2006, the HD Radio Alliance, which includes eight of the nation's largest commercial radio groups, announced a $250 million ad campaign to promote HD radio among consumers. Despite the number of new stations, consumer interest in HD radio remains tepid, likely because of competition with internet and satellite radio offerings, the cost of buying new HD radio receivers, lack of adoption of HD radio in automobiles, and a general lack of interest, especially among commercial broadcasters, in using their HD channels to program anything fresh, local, or diverse.
Broadcast Flag? Performance Right?
While HD radio could energize terrestrial radio through the addition of new music and fresh programming, some artist and industry groups are concerned that HD radio has the potential to disrupt or diminish existing revenue streams on which musicians depend. There are already HD radio receivers on the market in Europe and Asia that let radio listeners rewind, buffer, record and store radio broadcasts and songs. This has led some in the music industry to warn that HD radio listeners could use hardware and software to scan their local radio airwaves and "cherrypick" the best songs for recording and downloading. Industry groups contend this would diminish CD sales and even displace the emerging internet technologies offering legal downloads. The RIAA has urged the FCC and Congress to impose a mandatory "broadcast flag" - a bit of code embedded in songs and "read" by HD radio receivers - on HD radio content. Songs that were "flagged" would not be downloadable to a hard drive.
FMC recognizes concerns over protecting copyrighted works in a digital age, but we do not believe that establishing a legal requirement for broadcast flag-type technology is the best answer for either consumers or creators. Instead we urge Congress to update the Copyright Act to extend the public performance right for sound recordings to terrestrial and HD radio. Concerns about the extent of "cherry picking" and the displacement of sales should be considered when setting up the license rate, rather than creating a broadcast flag that won't let new technologies develop without federal approval. By choosing "licenses over locks" Congress will ensure that consumers have the ability to use digital technologies in ways that expand their access to music. Most importantly, when united with the existing performance rights, a broad performance right in sound recordings will ensure that songwriters, composers, performers and record labels are compensated for the public performance on terrestrial radio or on the expanded HD radio of the future.
What Musicians Can Do
Educate yourself about the issue. FMC and other organizations have written a number of pieces about the challenges and opportunities that HD radio presents, including:
Musicians Get the Hint About Health Insurance
Two Raleigh concerts in memory of musician Drew Glackin; proceeds go to Glackin’s family and Future of Music Coalition’s Health Insurance Navigation Tool
April 10, 2008 Press release FMC's HINT program
New York State Music Education Events Examine Crucial Issues Facing Artists Forums in Rochester (April 28), Syracuse (April 29) and Albany (April 30) to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres.
March 25, 2008 Event details | RSVP
Pop Rockers OK Go "Tour" Congress in Support of Net Neutrality
Damian Kulash and Andy Ross discuss the importance of open Internet structures to musicians; Kulash testifies before House Judiciary Committee.
March 13, 2008 Press release
Spoken testimony
Written testimony
Rock the Net
New York State Music Education Events Examine Crucial Issues Facing Artists Kick-off forum in Buffalo on April 2 to focus on music, media, technology and policy issues for songwriters, composers and performers from all genres. March 7, 2008 | Event details
Philly Bands Rocking for Net Neutrality February 23 Sugar Town show at Tritone in Philadelphia will showcase lady rockers and DJs, as well as musicians' support for net neutrality. February 15, 2008
OK Go and Bonerama Rocked DC for New Orleans Musicians Bands also champion FMC's "Rock the Net" campaign for net neutrality February 2 benefit show at DC's 9:30 Club raised over $8,000 for New Orleans musicians. Bands played cuts off their new benefit EP, You're Not Alone, available on iTunes on February 5. February 4, 2008
Upcoming Washington, DC show and benefit EP from OK Go & Bonerama
On February 2, OK Go and Bonerama will play a benefit at D.C.'s 9:30 Club in support of You're Not Alone - an EP to support Sweet Home New Orleans and Al "Carnival Time" Johnson. January 21, 2008
Successful New Orleans Concerts Aid Big Easy Musicians
Last week, two benefit concerts raised over $6,000 for Sweet Home New Orleans - a coalition of non-profit organizations that helps find affordable housing and provides rental assistance for the city's musicians - and Big Easy music legend Al "Carnival Time" Johnson.
January 15, 2008 Press release | Event details
Ann Chaitovitz Appointed
FMC's New Executive Director A proven leader in musician and public policy issues, Chaitovitz replaces founding Executive Director Jenny Toomey January 3, 2008
Concerts for New Orleans Musicians Bring Artists Together Two New Orleans shows and upcoming benefit CD from OK Go and Bonerama January 2, 2008
FMC's Jenny Toomey Appointed Program Officer for Ford Foundation
Kristin Thomson to Serve as FMC’s Interim Executive Director Michael Bracy to Chair FMC Board of Directors November 26, 2007
Seattle "Rocked the Net" Rep. Jay Inslee advocated network neutrality;
joined by rocker Matt Nathanson, Reclaim the Media, FMC and local music business representatives October 31, 2007
Rock the Net: Campaign for Net Neutrality Rocks Seattle
Teleconference with Rep Jay Inslee on Tuesday, Oct 30. Matt Nathanson performs at Seattle’s Crocodile Café on Tuesday, Oct. 30 October 26, 2007
Future of Music Policy Summit to Tackle Critical Issues at the Intersection of Music, Law, Technology and Policy Sen. Byron Dorgan and Sen. Ron Wyden to Deliver Keynote Addresses
Mac McCaughan, Bob Mould, Marybeth Peters of the U.S. Copyright Office and More Than 90 Other Panelists Confirmed. September 10, 2007 Summit home page Press Credentialing
AT&T's muting of bands points toward a pattern of silencing political speech Content monitor did not edit out 20 instances of curse words during Pearl Jam webcast, despite AT&T claim it hires monitors to block "excessive profanity". August 13, 2007
Top musicians, lawyers, technologists confirmed for FMC's 7th annual Policy Summit August 13, 2007 Press Release Summit home page Press Credentialing
FMC Statement on AT&T Silencing Pearl Jam's lyrics during Lollapalooza webcast August 9, 2007
FMC Statement on Federal Trade Commission Report on Net Neutrality June 29, 2007
FMC files testimony with House Small Business Committee on CRB Webcasting Rates June 27, 2007 Press Release | Testimony
Clear Channel strips local, independent artists of digital performance royalties
FMC has discovered that Clear Channel's online application for local and independent artists to submit their music for airplay on each of its stations requires the artist to approve a licensing agreement that does away with their digital performance right. June 22, 2007
Low Power Radio Gets New Push in Congress
Congress introduces bills to create hundreds of new low power FM radio stations to cities and suburbs across the country. June 22, 2007
FMC Announces Dates for 7th annual Policy Summit
September 17-18, 2007
GWU Betts Theatre, Washington, DC June 11, 2007
FMC Organizes "Musicians Bringing Musicians Home II"
A Benefit Concert on May 27 at New Orleans' Tipitina's for Sweet Home New Orleans featuring: Indigo Girls, Damian Kulash of OK Go, Jim James of My Morning Jacket, Matt Nathanson, Pamela Z...and special guests
May 23, 2007 Press Release | Details
Congressman Mike Doyle to address conference on music, law and technology
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 25, 2007
A2IM Endorses Rock the Net Campaign
American Association of Independent Music urges its label members to join the campaign for network neutrality. April 17, 2007
Music Mashes with Policy at upcoming Technology and IP Policy Day
May 2 event will bring together leading experts from worlds of music, law, technology and policy. April 16, 2007
FMC Applauds FCC's Payola Settlement
Payola agreement by FCC and big broadcast chains represents a major - but tentative - step toward once again opening the nation's airwaves to local music and voices. April 13, 2007
Rep. Edward Markey, Ted Leo kick off "Rock the Net"
Nearly 150 artists and labels have already signed onto campaign for net neutrality
March 27, 2007 Press Release | Rock the Net
Major Artists To Join Launch of Rock the Net Campaign for Net Neutrality March 23, 2007
FMC Statement on FCC's "Rules of Engagement" On Payola March 5, 2007
FMC Files Reply Comments in FCC Media Ownership Proceeding January 16, 2007
FMC Statement on FCC Payola Settlement
FMC's statement on FCC's reported consent decree with the broadcast industry in regards to payola. January 16, 2007
Radio Station Ownership Consolidation Shown to Harm Musicians and the Public
FMC study shows that the rapid consolidation of the commercial radio industry that followed the Telecommunications Act of 1996 has led to a loss of localism, less competition, fewer viewpoints and less diversity in radio programming in media markets across the country.
December 13, 2006 Press release Report details
FMC Organizes Musicians Bringing Musicians Home Benefit concert at New Orleans' Tipitina's on November 6th featuring Steve Earle, Mike Mills, Allison Moorer, Tom Morello, Boots Riley, Corin Tucker and special guests.
October 23, 2006 Read press release Read press coverage
Job
Losses Associated with Radio Consolidation Undermine Localism and Diversity FMC, Newspaper Guild and Consumers Union urge FCC to take employment effects
of their policies into account during upcoming review of media ownership rules August 9, 2006
FMC Releases Research on Employment and Wage Effects of Radio Consolidaton August 9, 2006
FMC on Preserving the Dynamism of the Internet Opinion Piece on ABC News June 29, 2006
FMC Statement on Senate Commerce Committee Vote in Support of LPFM June 28, 2006
FMC Statement on FCC Media Ownership Proceeding June 21, 2006
Indie-rock revolution, fueled by net neutrality Op-ed by FMC's Jenny Toomey and Michael Bracy June 13, 2006
Pearl Jam Donation To Help Musicians Help Themselves Proceeds From Washington, DC Appearance to be Donated to FMC Artist Research
Council May 25, 2006 Press Release
FMC signs on letter to preserve net neutrality May 17, 2006
FMC Announces Dates for Sixth Annual Future of Music Policy Summit
October 5-7, 2006 Media Advisory May 15, 2006
FMC Statement on Release of Feingold's Radio and Concert Disclosure
and Competition Act of 2005 November 18, 2005
FMC Sends Letter to Senate Commerce Committee in Support of a
Public Performance Right for Sound Recordings October 19, 2005
Top Names in Music, Law, Technology and Policy Return to Debate Critical
Issues at Fifth Annual Future of Music Policy Summit
September 6, 2005 Media Advisory | Policy
Summit home page
FMC Announces Health Insurance Navigation Tool
August 9, 2005 HINT Home Page
FMC Press Release: Music Mashes with Policy at DC Policy Day April 8, 2005
FMC's Michael Bracy Testifies in front
of House Judiciary Committee on "Digital Music Interoperability" April 6, 2005
FMC files comments at US Copyright Office on "Orphan
Works"
Comments also ask Copyright
Office to consider status of out-of-print recordings March 25, 2005
FMC Sends Letter to Senate Stating Concerns about S 193, Broadcast Decency Enforcement
Act March
10, 2005
FMC and artist groups file joint reply comments at FCC on localism in broadcasting,
MB Docket 04-233
January
3, 2005 PDF of document
