RE: [microsound] online radio threatened by fees, reporting requi rements (fwd)

[David Fodel <DFodel@xxxxxxxxxxxx>]

ditto on this for RadioValve (http://www.radiovalve.com)

except our rates are at least 2 times higher than a terrestrial station also
webcasting their signal.

we are drafting our comments currently, in the hopes that sane minds will
prevail.

just to give you all some sense of the numbers:

RadioValve had 16,000 Aggregate Tuning Hours in January as measured by
Arbitron.

The Copyright Office suggest a formula for calculating your rates as this:

for each ATH you multiply it by 15 (or 12, although the distinction is a bit
confusing) which represents the average number of "sessions" per hour. Then
you multiply that by US $.14 (14 cents per session)

This means that for January alone we are expected to pay $26,880 (based on
the lower 12 instead of 15 sessions per hour:)

In addition, we get charged for making "ephemeral recordings" (meaning we
made a Real Audio file of the show to place into rotation) This amounts to a
further 9% of that amount bringing the total to $29,299... just for
January...

We don't make the files available to record... we are not a file swapping
service... all one can do is listen. We abide by the provisions of the
Statutory license... keep playlists and records of number of times played
etc.

All we are doing is allowing folks to listen to music they will NOT find on
virtually any radio station anywhere. And for this we are penalized... and
in fact if this is enacted will surely shut us down...

I won't even go into the stricter reporting measures which include recording
of the UPC codes of every track played... the catalog number, the time zone
and country  where the LISTENER is (for every single listening session),
etc., etc.

If you value diversity in music, and the promise of independent internet
radio, please make your comments heard.

> Contact the Copyright Arbitration Royalty Panel: copyinfo@xxxxxxx
> 
By the way... RadioValve has been around for 4 years... and probably played
some of your music. We have never made a profit, and have had little or no
revenues over those years... seriously. All funded out of pocket... which is
a testament to independent internet radio's populist  nature.

There are hundreds of other small stations just like us. 

David Fodel
Publishing Systems Manager
Wild Oats Markets
3375 Mitchell Lane
Boulder, CO 80301
Direct: 720-562-4831
Fax: 303-938-8474


> ----------
> From: 	Ethan Clauset
> Reply To: 	microsound
> Sent: 	Tuesday, March 5, 2002 2:17 AM
> To: 	microsound@xxxxxxxxxxxxx
> Subject: 	[microsound] online radio threatened by fees, reporting
> requirements (fwd)
> 
> 
> (forwarded from wxyc-announce@xxxxxxxxxxxxxxxxx)
> 
> The U.S. Copyright Arbitration Royalty Panel recently proposed rules for
> royalty payment and reporting by Internet radio stations, including
> simulcasts of on-air stations such as ours. The proposed royalty payments
> would be completely unaffordable for educational and community stations
> like us, and the complex reporting requirements are beyond our means.
> 
> What these rules mean, if they take effect, is the END OF INTERNET
> BROADCASTS for most college and community radio stations.
> 
> The comment period on the rule-making ends MONDAY, MARCH 11. If you enjoy
> listening to our station online -- from your office in Research Triangle
> Park or from the other side of the world -- please read and act now!
> 
> KRTU's comprehensive information page (Rice University):
> http://www.ruf.rice.edu/~willr/cb/sos/
> 
> The official Copyright Arbitration Panel report (requires Acrobat Reader):
> http://www.loc.gov/copyright/carp/webcasting_rates.pdf
> 
> Contact the Copyright Arbitration Royalty Panel: copyinfo@xxxxxxx
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
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