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Final Copy of Voice Of Webcaster's Petition to Congress

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PostPosted: Mon Jul 15, 2002 11:49 am   Post subject: Final Copy of Voice Of Webcaster's Petition to Congress Reply with quote

This is the finalized copy of the petition being sent to Congress by Voice of Webcasters. has been included in this list. Please read over it, and give us your thoughts.

Also, feel free to print this document in it's entirety, and distribute it to your local media stations and newspapers.

You can find this document in Microsoft Word format at


US Members of Congress
Wednesday, July 10, 2002
Washington, D.C.

Library of Congress Decision Setting Performance Royalty Rates for Use of Music on the Internet condemned by United Group of Webcasters

We respectfully submit this petition on behalf of the undersigned group of small, independent webcasters, asking for your help in averting the impending collapse of much of the Internet webcasting business. Each of the undersigned companies operates an Internet Radio station with a significant listening audience. These companies provide outlets for public expression and add diversity to the media landscape, but the continued existence of each of these companies is threatened by a recent decision of the Library of Congress setting rates for the royalties to be paid to copyright holders for the use of music on the Internet. The undersigned companies are fairly representative of the vast majority of Internet Radio stations, yet no one has been standing up for their interests that are imperiled by the recent rate setting decision. Thus, this coalition of small webcasters was born.

The Library of Congress determination that established this royalty rate used a “willing buyer and willing seller” standard based on ONE agreement between a very large webcaster and the recording industry. Using one agreement involving a company not representative of the majority of webcasters to set a standard for an entire industry is, in and of itself, an arbitrary decision and bad public policy. Even worse, recent reports quote a former executive of that company as stating that the rate was purposely set at an artificially high value to force small webcasters, like those signed below, out of business. That is exactly the effect that this decision is already producing. Although this rate is not effective until September 2002, 100’s of Internet Radio webcasters are already in the process of closing down their streams or have stopped streaming altogether. If this decision is not changed, the process will continue; small independent companies will be driven from the webcasting business and the few large companies that can afford the high rates will dominate the webcasting industry. In this period of rapid media consolidation, it would be terrible to effectively exclude small businesses from the one arena that offers so much promise for the flowering of diversity and free expression.

What made the process even more unfair is that small companies like those below were effectively excluded from participating in the process that determined these rates, due to the extremely high financial commitment required. The rules governing the arbitration process that arrived at these rates required that participants pay a share of the arbitrators’ fees, which exceeded $1,000,000. Small webcasters simply could not afford those fees, much less the cost of the attorneys necessary to try a case that went on for almost six months. Thus, the process to set a rate governing a vast, growing industry was arrived at by representatives of only a few very large companies – companies having different interests than those of the small independent webcasters. Having private interests set public policy in a forum that excludes the majority of those affected is not in the public interest. The process needs to be based on standards that require arbitrators to set a “fair” royalty rate that considers public interest and balances copyright owners and user interests. This process was not, and threatens the existence of hundreds of webcasters.

The decision that brought about these closings has to be fixed or the trickle of webcasters turning off their signals will become a torrent of bankruptcies, lost jobs, reduced demand for broadband, and more importantly, less opportunity for smaller artists and fewer choices for music listeners on the Internet. Congress must take a position on this, and do it quickly, or they will be partially responsible for the worst loss of Internet related businesses since the bubble burst two years ago.

This coalition asks that Congress act as soon as possible to accomplish the following things:

1. Immediately stay this Library of Congress decision.
This decision was based on ONE “willing buyer, willing seller” agreement between the RIAA and Yahoo!; an agreement reportedly designed to monopolize the Internet Radio industry by creating an inflated copyright market value that would force small webcasters out of the business of self-streaming. Even David Mandelbrot, Yahoo's vice president of media and entertainment, testified before the Senate Judiciary Committee in May that the agreement had been misapplied “to set excessive rates for an entire industry”. If this rate goes into effect as scheduled in September, hundreds of small webcasters will be driven out of business. Thus, Congress must stay the effect of this decision immediately.

2. Restructure the CARP process to ensure that future Copyright decisions accurately reflect “fair market value” for copyrights.
A. Small businesses must be allowed to participate in any future CARP negotiations without the exorbitant cost of paying the arbitrators’ fees. Copyright decisions affect far more than just big corporations and the process must ensure that small independent businesses can participate to protect their interests.
B. The rate-setting standard must be changed from the current “willing buyer/willing seller” basis, which set such a horrendous precedent with the recent CARP, back to the previous “Fairness” standard that requires arbitrators to set a “fair” royalty rate that considers public interest and balances copyright owners and user interests.
C. The process must be changed so that one organization cannot have enough veto power to stop anyone else from participating.
D. The Register of Copyrights must adhere to the Regulatory Flexibility Act so that the burdens on small business are considered when the Register acts in its regulatory capacity when setting recordkeeping rules and in future rate-setting cases.
E. In that the next CARP convenes in less than 2 months, Congress must act immediately to restructure the CARP process to ensure that none of the problems incurred in the recent CARP will take place in the next negotiation.

As webcasting is an entirely new industry, we understand the problems inherent in establishing a “fair market value” for sound recording royalty rates. However, because of the above problems with the recent CARP procedure, we ask Congress to intervene to stop the implementation of the Library’s decision immediately. Only with Congressional help will small webcasters get a legitimate and fair chance to survive and compete with large commercial webcasters.

The undersigned webcasters would appreciate any opportunity to discuss these concerns with you or your staff.
(For more information including a list of Internet Radio stations already closed down, visit

3WK L.L.C.
Jim and Wanda Atkinson, Owners,
St. Louis, Missouri

'70s Rock Stream
John Boswell, Creator
Fort Scott, Kansas

Scott Parent & Brian Brodeur, Co-Founders
Santa Barbara, California

All Bass Radio
Scott Jamar, Owner/Operator
Lafayette, California

The Aloha Radio Network®
Joe Seiter AKA Aloha JOE®, President and CEO
Lakewood, California

Aritaur Communications, Inc.
Jennifer Lane, Director
Vineyard Haven, Massachusetts

Atlanta Blue Sky
Michael Monahan, Owner and Operator
Virginia Beach, Virginia

AtomicPlus, LLC/LuxuriaMusic, LLC
Cliff Chase,CEO
San Francisco, California
Kevin Shively, Director of Interactive Media
Hartford, Connecticut

Blue IceWater Radio
Debora Panebianco, Broadcaster
Portsmouth, New Hampshire

Boomer Radio
Ron Rubin, President and CEO
Boalsburg, Pennsylvania

bumpNgrind Records & Radio
Cookie Holley, Founder
Tiller, Oregon

Chemlab Radio
Steve Kondik, Owner/Operator
Pittsburgh, Pennsylvania

Chronix Radio
Rochelle Lozensky, Founder
Denver, Colorado

CIM Radio Smooth Jazz
Steve Lee, Founder/President
New York City, New York

Classical Music Detroit, L.L.C
Robert F. Ottaway, Founder
Detroit, Michigan

Vince Vielhaber, CEO
Oxford, Michigan

CMRadio Networks
George Motter, President and CEO
Nazareth, Pennsylvania

CRC Radio, Inc.
Christopher J. Veile, Webcasting Director
Broadcast location: Moberly, Missouri
Corp. Office: Chicago, Illinois
Salvatore Lepore, George Halstead
Chicago, Illinois

DainBramage Radio Network
James Evans, President
Apex, North Carolina

DH NetRadio
Mark Douglas, CEO/Producer
Greenville, South Carolina

Digger's House of Tunes
Dennis G. Cheng, MPH, Keeper of the Tunes
Dunmore, Pennsylvania

Flaresound Internet Radio
Jeff Carter
San Francisco, California

Tracy Barnes, Founder and President
Rowlett, Texas

Frank Coon, Owner
Stone Mountain, Georgia

iM Networks, Inc.
Mary McCann, VP Radio
Mountain View, California

Inetprogramming Incorporated
Robert Pullman, President
Renton, Washington

Internet Radio Hawaii
Robert "Rabbett" Abbett, Owner/Operator
Kailua, Hawai`i

Internet Radio Inc.
Val Starr, President
Dallas, Texas

Tim Shriver, Owner/Operator
Waunakee, Wisconsin

Bill Goldsmith, Online Operations Manager
Santa Cruz County, California

R. R. Johnson, G.M.
Springfield, Missouri

Jeremy Preece, Owner
Sacramento, California

Limbik Frequencies
James J Brust, Owner/Operator
Milwaukee, Wisconsin

LV Rocks - Noise From Vegas
Jimmy Diggs, Station Manager
Las Vegas, Nevada
Henry Callie, Co-founder
Nazareth, Pennsylvania

The Megarock Network
Robert Winkelmann, Founder & Operator
St. Louis, Missouri

Dan Morgan - CEO
West Branch, Michigan
Mark D. Glynn, President
Metairie, Louisiana

Niftywerks Inc.
Ennis Glendon, President
Boston, Massachusetts

Owndog’s Musical Journey
Allen Rehmann

Pacific Internet Broadcast Svs. (Hawaiian
LD Reynolds, President and Owner
Kihei, Hawai`i

ParaDynamic Roadhouse
Steven Hartmann, Program Director
Eden Prairie, Minnesota

Progged Radio
Chan Weinmeister, Owner
Bellevue, Nebraska
Joseph D. Condon, Owner
Albany, New York

Radio Free Akron
Christopher Jirka, Owner
Munroe Falls, Ohio

Mike Roe, Owner
Jacksonville, Florida

Ron Kovacs, Owner/Program Director
Flemington, New Jersey

Bill Goldsmith, Owner
Butte County, California

John Schneider, Founder/President
Danbury, Connecticut, Inc.
Michael Donahue
Sudbury, Massachusetts

RCN Radio Networks, Inc.
Chris J. Popp, CEO/GM
Madison, Wisconsin

Reign Radio
Shane Stanton, President
Daytona Beach, Florida

Riff Radio
Dan Simons, Owner
Fargo, North Dakota

The Rock FM
Jeffrey Franklin Bottoms, Site/Station Owner
Houston, Texas

Savage Rock Radio
Gene Savage, Co-owner
Tulsa, Oklahoma

Sea-Comm Media
Max Deutsch
Wilmington, North Carolina

South Central Oklahoma Christian Broadcasting Inc.
Rick Cody, Operations Manager
Ada, Oklahoma

Spacial*Audio Solutions
Bryan Payne, CEO/Managing Partner
Lubbock, Texas
Eric Thornton, Owner
Ashland, Virginia (
Shawn Miles Gordon, President
Rancho Santa Margarita, California

Mike Hays & R W Shamy Jr, Owners
Orange, Virginia

Ultimate 80s
Dave Landis, Founder
Los Angeles, California

WebMedia Consulting, Inc. (Digitally Imported Radio)
G. Ari Shohat, President
Staten Island, New York

Weirdsville! WebRadio
Erik Amlee, Big Kahuna
Northampton, Massachusetts

WFMU / Auricle Communications
Ken Freedman, Station Manager
Jersey City, New Jersey
Tom Mondell, Owner & Founder
Ellwood City, Pennsylvania

WOBC 91.5 FM
Neil Freeman, Station Manager
Oberlin, Ohio

Wolf FM
Steve Wolf, Owner
Nashville, Tennessee

WOXY - 97X
Bryan Jay Miller, Director of Internet Development
Oxford, Ohio

XTC Radio
Grady (Zero) Nelson, Founder
Atlanta, Georgia

Zero Art Radio
Tate Anthony Eskew, Station Manager
Chicago, Illinois

Zwarp Hard Rock/Genocide Radio
Thomas Lane, News Director/Promotions
Detroit, Michigan

“Without music, life would be a mistake.”
― Friedrich Nietzsche, Twilight of the Idols
Cadet 1
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PostPosted: Thu Sep 17, 2009 6:05 am   Post subject: hi Reply with quote

its really a very good move by United Group of Webcasters

Joined: Apr 26, 2006
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PostPosted: Fri Sep 25, 2009 8:25 pm   Post subject: Reply with quote

Good luck with it. But do you really think they care?? Most have been well and truly bought by big business..

Paul W
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