Eric Rhoads' Blog
MusicFirst Member Says Station 'Intimidated' Artist; NAB Calls Ruling Request A PR Ploy
September 8, 2009: In comments filed with the FCC, MusicFirst member Music Managers Forum-US accuses Ithaca College's WIBC/Ithaca, NY, of an unspecified "act of intimidation" against artist Aimee Mann, with MMF-US executive Perry Resnick citing an unnamed "fellow MMF-US board member" as the source of the allegation.
The MMF-US filing says the actions of broadcasters, all as described in MusicFirst's original petition to the FCC, "are suggestive of a pattern of abuse in which radio station broadcasters put their own financial interests above their obligations to serve the public interest by attempting to intimidate artists and those that represent artists in order to suppress our and our artists' free speech rights to advocate for the Performance Rights Act."
The original MusicFirst petition said stations threatened to refuse to play artists but named none of those stations. One such station was, however, a 100-watt high school station in Delaware that held a monthlong boycott of royalties supporters.
MusicFirst also complained that broadcasters are refusing to air its ads, saying the refusal is contrary to the "public interest," alleged that NAB anti-royalties spots are "false," and said broadcasters shouldn't be allowed to air them because of their interest in the issue. MusicFirst also suggested that stations' license renewals be examined.
The NAB in its comments to the FCC said MusicFirst is asking the FCC to sail into "uncharted (and wholly unconstitutional) waters" by "establishing a right of access for third-party political advertisers and using the license renewal process to undermine radio stations' prerogative to air political advertisements they themselves may support."
The NAB filing continues, "Unfortunately for MusicFirst, few principles are better enshrined in the annals of communications law and policy than a broadcaster's right to select and reject programming, including advertisements, without fear of governmental interference."
The NAB also says the evidence put forth by MusicFirst in its request for a ruling is "exceedingly scant and constructed largely from anonymous sources or isolated and exaggerated examples." The filing goes on, "For that reason alone, the commission should dismiss MusicFirst's request."
The NAB also denies that it orchestrated any campaign against pro-royalties artists and says it did not and could not require stations to air anti-royalties spots.
Concerning MusicFirst's allegation that it was not allowed to purchase spots, the NAB says Bonneville's WTOP/Washington specifically approached MusicFirst with an offer to sell the organization airtime at the same rate paid for the NAB-purchased spots, and was turned down.
The NAB filing says, "If [MusicFirst] were truly concerned about its ability to convey its message, particularly to the crucial audience of members of Congress, one wonders why it declined WTOP-FM's offer." Additionally, the filing points out, pro-Performance Rights Act artists used the CBS broadcast of the 2008 Grammys to call for passage of the PRA, while MusicFirst's views have been seen in print media and it has an extensive Internet presence. Says the NAB, "Thus, Petitioner cannot seriously contend that its pro-PRA message will not be heard unless the commission acts contrary to the Communications Act and the First Amendment to force radio stations to air MusicFIRST-approved content."
MMTC Weighs In
The Minority Media and Telecommunications Council in its comments with the FCC also opposes MusicFirst's request for a declaratory ruling, saying MusicFirst's arguments are "inherently misleading."
Says the MMTC, "The best way for the commission to advance consumers’ access to information is to promote ownership and employment diversity, rather than regulating content. "
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