Reply Comments of the Future of Music Coalition
May 8, 2002
The Future of Music Coalition (FMC), by counsel, the Media Access Project,
respectfully replies to comments filed in this proceeding. FMC also describes
below certain steps it has taken to produce additional data which will
assist the Commission in assessing the impact of consolidation in radio
ownership.
FMC is a not-for-profit collaboration between members of the music, technology,
public policy and intellectual property law communities. It seeks to educate
the media, policymakers, and the public about music and technology issues,
while also bringing together diverse voices in an effort to come up with
creative solutions to some of the challenges in this space. Working as
it does within the grassroots and music communities, FMC has a unique
vantage point from which to view how radio consolidation has affected
musicians and other citizens across the country.
These brief reply comments address industry comments claiming that increasing
concen-tration of radio ownership is compatible with the public interest.
FMC disagrees. Contrary to arguments that economies of scale would increase
the diversity of radio programming, experience demonstrates that niche
formats addressing significant but minority tastes have been abandoned
as ownership concentration increases.
FMC believes that the FCC’s mandate to serve the public interest
requires it to insure that the creative gene pool of our nation is constantly
replenished. As demonstrated by the fact that Ozzy Osbourne was recently
welcomed to Washington by the President of the United States, history
teaches that what is mainstream today was yesterday’s avant garde.
As Consumer Federation of America and others have already demonstrated
in this and other ongoing ownership proceedings, the economics of broadcasting
encourage group owners to aggregate their program offerings in the middle,
rather than seek new and different artistic perspectives.
In addition to maintaining or reducing the number of stations which can
be owned in given markets, FMC also calls upon the FCC to abolish, or
at the very least limit, the use of Local Market Agreements (LMAs), joint
sales agreements and other arrangements designed to permit existing licensees
to control additional stations in markets in which they have “maxed
out.” While some broadcasters have filed comments characterizing
these practices as benign and beneficial, this is far from true. Even
when properly operated, LMA’s and similar arrangements allow incumbent
licensees to extend their monopoly over news, format and other programming
decisions.
The larger problem with Local Market Agreements (LMAs) is that they often
are NOT properly operated. Absent FCC enforcement, licensees can and do
abdicate all responsibility for programming and operation to others. While
the Commission has addressed a handful of cases in which LMA’s have
been abused, see, e.g., Manahawkin Communications Corporation,
17 FCCRcd 342 (2001); Hicks Broadcasting of Indiana, LLC, 13 FCCRcd
10662, 10677 (1998) (HDO); Choctaw Broadcasting Corp., 12 FCC Rcd
8534 (1997), its enforcement has been largely limited to instances in
which aggressive complainants have forced action, and not from any affirmative
effort to review compliance and insure that broadcasters are not violating
Commission ownership rules.
Additionally, FMC wishes to stress that the Commission can also address
shortcomings in program diversity by adding voices to the marketplace
of ideas. Low power radio is unques-tionably the best such mechanism,
and FMC urges the Commission to expedite action on LPFM applications and
to expand the service. FMC also supports the shared time proposal advanced
in this proceeding by the Minority Media Telecommunications Council.
FMC Research Project
FMC respectfully informs the Commission that it is completing a major
study, funded by the Rockefeller Foundation, that explores the impact
of radio station ownership consolidation on musicians and the public.
FMC will submit this study to the FCC upon its completion later this year.
There are three major components to the project:
Analysis of Radio Industry Data
First, the study will analyze existing information and data collected
by federal agencies, radio and music industry analysts, trade organizations,
researchers and journalists to provide a comprehensive picture of the
radio industry both before and after the passage of the 1996 Telecommunications
Act. This will allow FMC to answer two research questions:
A. Whether there has been a consolidation of radio station ownership
in the past twenty years and, if so,
B. What has been the effect of such radio station consolidation on the
radio industry.
Analysis of Commercial Radio Charts
In addition to collecting data about the radio industry, FMC is conducting
an analysis of radio charts in three selected genres over the past ten
years. FMC has accessed archival Radio & Records charts and
is building a comprehensive database that indicates such things as how
long singles were in rotation, on how many stations nationwide, and
other information, over a ten-year period.
Polling the Public
FMC has also contracted with a social research firm to conduct a nationwide
telephone survey to poll the public about its opinions about and satisfaction
with commercial radio in the United States.
Respectfully submitted,
Andrew Jay Schwartzman
Media Access Project
Suite 1118
1625 K Street, NW
Washington, DC 20006
(202) 454-5681
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
