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FCC URGED TO INVESTIGATE PAYOLA ACTIVITIES OF BROADCAST CARTEL.

My letter to the FCC:
Recent investigations by the New York State Attorney General's office have revealed widespread violations of laws against radio payola.

Nearly 200 stations were implicated. Many are owned by the handful of radio conglomerates that have risen to prominence since the industry was deregulated in 1996.

The investigation alleges that the stations in question accepted cash and prizes to play artists that were hand-picked by major recording labels. The radio stations aired these without disclosing to listeners the shadowy record deals that pushed the performers to the top of playlists.

This practice is not only dishonest, it's against the law. The airwaves belong to the public, and since 1927, the federal government has required broadcasters who use them to serve the public interest. You owe it to the American public to put a stop to this deception.

Please launch a full and thorough investigation into all allegations of payola in the commercial radio industry and hold bad actors accountable.

Also, HD Radio AM and FM digital jamming of the public airwaves by the broadcast cartel should stop. Popular community and suburban stations, that provide valuable unduplicated local public service, are being jammed, and independent voices muffled. This seems contrary to the primary mission of the FCC and intent of congress.

Where to send your outrage if you are honest, or collect your cash, if you are not.
Link to PAYOLA stations map:
http://www.freepress.net/payola/map.php
 
While you may be on point in calling for an investigation of Payola activities, I personally do not care for your term "Broadcast Cartel". Webster's defines "Cartel" as: A combination of independent business organizations formed to regulate production, pricing, and marketing of goods by the members. OPEC is a cartel, radio station owners are independent companies which are in no way affiliated. In fact, it would be quite illegal for us to actually form a "cartel". To generalize in this manner is to essentially accuse all broadcasters of dishonesty, and this simply does not reflect reality. You should also note that the large majority of all radio stations are in fact NOT owned by a "handful of radio conglomerates". A good many of us still work hard to serve the public with our radio stations, even those large radio conglomerates you speak of.

And, keep in mind that those accused of payola are indeed innocent until proven guilty. I happen to know the executives of several of the groups involved in the investigation, and I'm perfectly willing to give them the benefit of the doubt until they have been convicted of something.

Finally, I'm flat puzzled by your comments regarding HD Radio AM and FM stations "jamming" the "public airways". Stations broadcasting in HD do so because they have been permitted to do so by the FCC, under stringent regulations developed through years of research. If a station is operating within legal parameters, it simply WILL NOT "jam" another licensed station. The only stations being "muffled" in this manner are unlicensed pirates. And, if I were in charge of the world, these pirates, who show blatant disrespect for law and order, would be thrown in prison and their facilities destroyed.
 
Re: BROADCAST CARTEL -REPLY

YOUR QUOTED DEFINITION OF A CARTEL FROM WEBSTERS SEEMS TO FIT MANY BROADCASTERS PERFECTLY!
TO QUOTE YOU:
"Webster's defines "Cartel" as: A
combination of independent business organizations formed to
regulate production, pricing, and marketing of goods by the
members."


HD RADIO ALLIANCE:
Media companies including Clear Channel, Infinity Broadcasting, Cumulus Media, Bonneville International, Emmis Communications, Entercom Communications and Greater Media have pledged to collectively spend at least $200 million to market HD Radio in 2006.

Peter Ferrara, senior vp for Clear Channel, will head up the consortium as president and CEO. Serving on the consortium's oversight management committee are Mark Mays, CEO for Clear Channel; Peter Smyth, president and CEO for Greater Media; and Joel Hollander, CEO for Infinity Broadcasting.

The consortium is the second major public initiative broadcasters have announced to try to alter the perception that satellite radio is about to overtake terrestrial radio. Last week, the National Association of Broadcasters launched a radio campaign blasting pay radio with the tagline, "Radio, you shouldn't have to pay for it."
http://www.mediaweek.com/mw/news/recent_display.jsp?vnu_content_id=1001614953

JAMMING OTHER STATIONS:
"So while digital AM receivers are cleaner than conventional narrow-band imported radio receivers, the added digital splatter-noise is eliminating AM as a viable alternative outside of the 5 to 10 mV/m contours."

"Most quoted consultants now agree that nighttime AM digital is a dead issue; and most have determined that first-adjacent FM signals must have far greater mileage separation in the new digital experimental age."
http://www.rwonline.com/reference-room/iboc/2006.03.01-02_rwrf_march_1_part_2_new.shtml

Take a look at the Arbitron ratings for Trenton, NJ. The ratings for the NYC stations have all suddenly gone down in Trenton since the nearby Philadelphia stations started transmitting FM IBOC, thus leaving the adjacent NYC stations with noisy, staticky, hiss-filled signals. Even on an excellent car radio, in Trenton the NYC signals which are not adjacent to any IBOC signal are in clear stereo, while the NYC which are unfortunately next to IBOC hash can only be received in hissy mono. IBOC will not last long when stations realize that in exchange for gaining a few dozen local listeners to their "HD2" channels, they are losing thousands of fringe-area analog listeners. You can be(t) that at some point the "HD2" channels will be continued as Internet audio streams only, and the IBOC signals will be turned off.
Here is the link:
http://www.radio-info.com/mods/board?Post=655158&Board=hd

Unless they find a way to stop the tremendous interference AM HD causes it's neighbors on the band, it may not fly at all.
Try listening to KDKA anywhere a few miles east of Pittsburgh after 4 or so in the afternoon. That very annoying hiss is coming from WBZ in Boston. See how bad the intererence is???
Although not quite as destructive as AM, (FM) will still cause problems"
Here is the link:
http://www.radio-info.com/mods/board?Post=640363&Board=hd


"It is a matter of record that 2nd adjacent interference to analog was observed in both the AM and FM IBOC systems, under laboratory conditions with pristine signals.
We've been through this one before, but I guess I'll have to say it again.
It is not necessary to postulate Tx problems in order to have 2nd adjacent issues. It is a matter of record that 2nd adjacent interference to analog was observed in both the AM and FM IBOC systems, under laboratory conditions with pristine signals. Obviously IMD from the transmitter canmake matters worse, but problems may exist even when the IMD is insignificant."
Barry-- Barry McLarnon VE3JF Ottawa, ON
Source:
http://lists.radiolists.net/pipermail/tech-zone/2005-November/000176.html

The comments and replies on HD Radio-IBOC in general, and the NRSC-5 standard in particular, continued to roll in right up to the August 17 deadline. Nearly 1000 comment postings are listed in Docket 99-325. A number of Consulting Engineers and smaller broadcasting companies expressed concerns about interference with the AM system. P.E. Timothy Cutforth of Vir James Engineers spoke of severe 2nd adjacent interference posed by the 6 Denver AM’s that were operating with HD Radio. Some of this was within the 2 mV contour of the "desired" station. Tim also charged that the present STA operations do not properly comply with the NRSC-2 mask, which uses a 10 minute peak detection. Tim stated: "The very manufacturers setting up IBOC equipment are specifying that the spectrum analyzer should be set for average not peak detection as specified in NRSC-2. The new proposed NRSC-5 standard calls for several allowable spikes 20 dB above the (averaging detector) mask level. The present FCC rule upon which the IBOC STA operation is based specify peak detection and NO SPIKES above the mask level over a ten minute observation period. Again the broadcaster and the FCC has been mislead into believing that the IBOC STA operation complies fully with the present NRSC-2 emission mask when in fact it may miss the mark by 20 dB or more as actually installed and measured."
Broadcast Company of the Americas (BCA), which programs 50 kW 1090 XEPRS, was particularly concerned. Thanks to favorable propagation over the ocean, this Mexican AM has a 5 mV/m signal over much of Los Angeles, but received severe interference over large areas within that contour when Infinity's 50 kW KNX 1070 Los Angeles and Disney's 50 kW KDIS 1110 Pasadena turned on their HD exciters. BCA mirrored Cutforth’s concerns: "Whereas NRSC-2 used peak weighting and 10-minute spectrum storage for spectrograms, the proposed NRSC-5 uses average weighting and 30-second storage. The relatively lax NRSC-5 standard thus tends to gloss over what the ear actually hears as "hiss/noise" and what the spectrum analyzer displays. The NRSC-2 spectrum was never "maxed out" within a few seconds of storage time. It took many minutes to build up the NRSC-2 spectrum mask, unlike NRSC-5’s instant build up with constant digital signals. Additionally, NRSC-5 allows for two discrete "spikes" within 75 kHz of the carrier frequency to be 10 dB above the emission mask, with the result that a hybrid transmission that is barely meeting the proposed mask can claim compliance with the NRSC-5 standard. The ear hears these vast differences in digital and analog sidebands." (XEPRS was formerly "The Mighty 1090" XERB, with the inimitable Wolfman Jack.)
Having done hundreds of AM NRSC measurements over the years, I can verify that a station that meets the mask in a 10 minute peak test will normally have average sidebands many dB lower. The mask was never intended to be a limit for "good" operation, but a maximum for a "worst case" station operation. Some really lousy sounding AM stations with very audible sideband splatter can still pass the NRSC mask. While I’m still optimistic about the FM system, after reading many of these comments I’m concerned for the future of AM IBOC with the Ibiquity system. If adopted as-is, multiple lawsuits from aggrieved and irate parties seems likely.

HERE IS THE LINK:
http://www.sbe124.org/newsletters/pdx0905/


HD RADIO HAS ONLY BEEN AUTHORIZED BY THE FCC FOR INTERUM OPERATION AND HAS NOT GOTTEN FINAL APPROVAL. SEE FCC DOCKET 99-325.

The FCC has given broadcasters interim authority to implement iBiquity's HD Radio™ system, which is a specific implementation of NRSC 5.
Source:
http://www.nab.org/newsroom/PressRel/Releases/nrsc041605.htm

THE FCC IS NOT CONVINCED THE EXISTING HD RADIO STANDARD DOES NOT INTERFERE. MOST COMMENTS TO DOCKET 99-325 WERE AGAINST ADOPTION OF THE STANDARD.


SOME BROADCASTERS STILL SERVE THE PUBLIC, AND THESE ARE THE BROADCASTERS MOST LIKELY TO BE JAMMED BY THE LARGE BROADCAST CONGOLMERATES FLAMETHROWER STATIONS HD RADIO SIGNALS.
http://worldsupercaster.blogspot.com





> While you may be on point in calling for an investigation of
> Payola activities, I personally do not care for your term
> "Broadcast Cartel". Webster's defines "Cartel" as: A
> combination of independent business organizations formed to
> regulate production, pricing, and marketing of goods by the
> members. OPEC is a cartel, radio station owners are
> independent companies which are in no way affiliated. In
> fact, it would be quite illegal for us to actually form a
> "cartel". To generalize in this manner is to essentially
> accuse all broadcasters of dishonesty, and this simply does
> not reflect reality. You should also note that the large
> majority of all radio stations are in fact NOT owned by a
> "handful of radio conglomerates". A good many of us still
> work hard to serve the public with our radio stations, even
> those large radio conglomerates you speak of.
>
> And, keep in mind that those accused of payola are indeed
> innocent until proven guilty. I happen to know the
> executives of several of the groups involved in the
> investigation, and I'm perfectly willing to give them the
> benefit of the doubt until they have been convicted of
> something.
>
> Finally, I'm flat puzzled by your comments regarding HD
> Radio AM and FM stations "jamming" the "public airways".
> Stations broadcasting in HD do so because they have been
> permitted to do so by the FCC, under stringent regulations
> developed through years of research. If a station is
> operating within legal parameters, it simply WILL NOT "jam"
> another licensed station. The only stations being "muffled"
> in this manner are unlicensed pirates. And, if I were in
> charge of the world, these pirates, who show blatant
> disrespect for law and order, would be thrown in prison and
> their facilities destroyed.
>
 
Re: BROADCAST CARTEL -REPLY

Oh, no, the sky is falling, the sky is falling.

As I explained earlier, no "cartel" exists, and such behavior would be a violation of FCC rules. You can't have Joint Sales Agreements with stations you wouldn't be personally allowed to own. This rule makes the sort of conspiracy you allege simply not possible. And trust me when I say that the FCC pays attention and regulates these sorts of things.

If IBOC is as bad as you say it is (and I'm not taking a position one way or the other), then it will obviously be scrapped. But just like any other technological advance during the last million years, don't you think it's worth giving a shot, just in case it really DOES make radio sound better? While I personally think it's a solution to a problem we simply don't have, I believe it's laughable to assert that it is some kind of conspiracy by major broadcasters to put the rest of us out of business.

I won't even honor your "try to alter the perception that satellite radio is about to overtake terrestrial radio" comment with a response. we've already had a quite spirited debate about this issue. One needs simply to look at XM's balance sheet to prove that it's not a viable business model in the long term. It's as simple as that.

I frankly don't have the time or inclination to get into a line-by-line debate with somebody who obviously has plenty of time to bury me with more research than I care to debunk. Instead, I have radio stations to run, and it's pouring the snow here. And since I wholeheartedly belive it is my duty to serve the public, I'm going to get back to helping my staff man the phones and update our listeners on the conditions out there. Unless Clear Channel has JAMMED my signals...
 
Re: BROADCAST CARTEL -Rebuttal

MY POSITIONS (not yours, attributed to me).
1.-I never said "the sky is falling." With regard to HD Radio I have, in the past, said "The HD Radio Emperor Has No Clothes!"
2.-All broadcasters are not part of a cartel - this is something I never said, and don't believe. This is your fiction. I have great respect for ethical businessmen and reputable broadcasters, both provide valuable products and services to the public, and provide honest employment for millions. I have little respect for Enron type, "greed is good", "anything for a profit" business operations which harm millions of customers, investors, employees, our security, and the economy.
3.-Only broadcasters who have joined together to jointly market and promote HD Radios, and the proprietary, destructive HD Radio system qualify as cartel members. They are acting as a cartel, and even fit YOUR definition of a cartel.
3.-The only joint marketing agreement I am concerned about is the one formed by the HD Radio cartel, and the HD Radio joint marketing agreement was not directly mentioned in my origional posting.
4.-You are attributing your own personal issues to me, as if they were my statements. Actually I never mentioned these issues, you brought them up. You are fighting with yourself. No wonder you are frustrated. Do your stations carry Rush Limbaugh?
5.-Many of the HD Radio cartel members are the same organizations involved in the payola scandals. That was the original topic of my post.
6.-Hundreds of top professionals have filed negative comments with the FCC about the pernicious nature of the HD Radio iBiquity digital system. Several have supplied hard engineering data that the digital HD Radio system is not compatible with current FCC station assignments.
7.-I sincerely hope your stations will not be jammed by digital HD Radio interference. Many stations already are being jammed, and there are many more digital HD Radio stations scheduled to come on the air.
8.-Best wishes, success, and continued public service.



> Oh, no, the sky is falling, the sky is falling.
>
> As I explained earlier, no "cartel" exists, and such
> behavior would be a violation of FCC rules. You can't have
> Joint Sales Agreements with stations you wouldn't be
> personally allowed to own. This rule makes the sort of
> conspiracy you allege simply not possible. And trust me when
> I say that the FCC pays attention and regulates these sorts
> of things.
>
> If IBOC is as bad as you say it is (and I'm not taking a
> position one way or the other), then it will obviously be
> scrapped. But just like any other technological advance
> during the last million years, don't you think it's worth
> giving a shot, just in case it really DOES make radio sound
> better? While I personally think it's a solution to a
> problem we simply don't have, I believe it's laughable to
> assert that it is some kind of conspiracy by major
> broadcasters to put the rest of us out of business.
>
> I won't even honor your "try to alter the perception that
> satellite radio is about to overtake terrestrial radio"
> comment with a response. we've already had a quite spirited
> debate about this issue. One needs simply to look at XM's
> balance sheet to prove that it's not a viable business model
> in the long term. It's as simple as that.
>
> I frankly don't have the time or inclination to get into a
> line-by-line debate with somebody who obviously has plenty
> of time to bury me with more research than I care to debunk.
> Instead, I have radio stations to run, and it's pouring the
> snow here. And since I wholeheartedly belive it is my duty
> to serve the public, I'm going to get back to helping my
> staff man the phones and update our listeners on the
> conditions out there. Unless Clear Channel has JAMMED my
> signals...
>
 
> Excellent point... As a thirty plus year vet of full and part time mingling in Radio.... I see that there is too much envy for those who have succeded by the legal means and within the guidelines of what the government has set up (which could be right or wrong, but was pushed by both sides of the aisle and is where the rules are at, period)...There is still a growing market emerging to the dismay of doomsday pirates that will never be satisfied.. I volunteer to manage, program and engineer an LPFM in southern Indiana and it is doing its part in the community for those green haired, blue fingernailed 15 to 25 year olds looking for indentity and a place to express and belong... Oh, we've got bugs to work out on that type of radio and do believe the third channel protection rules are silly, with 100 watts, while 250 translators are allowed the two channel spacing requirements for SECONDARY SERVICE (compared to our PRIMARY neighborhood/small community service).... BUT, I have worked for those supposed "EVIL" empires of radio and concluded in my work that the one with the most stations fed this market cluster's staff and listeners better than the new company that bought it from them that owns 1 10th of the stations CC owns... Look around and see what some great community broadcasters are doing with thrown away AM's....I have a long time broadcast buddy with a stand alone 250 watt AM that is billing 20K a month, because he knows how to be the voice of his small county seat....Everybody's second favorite station but where they get the daily news, sports, obits, psa's and what's going on (since the paper is a weekly)...He's even one of the topped streamed stations in our state! Look for that little gem in a sleepy town... Buy it or get some investors and pay youself a modest wage and put 10 to 12 hours a day into it for five years and watch the wheels turn... That's if you really want to be an ownwer and broadcasting in the public interest.. That thrills this old CHR jock more than thinking about the cardboard formats of the major markets... A place where you know and live with your audience and eat lunch with them at the local diner.. REAL RADIO can be fun...If you put the time and love into it... Go for it...
 
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