The Empire (State) Strikes Back

Elliot Spitzer is making a(nother) grand-stand play in his run for governor with his "investigation" of radio payola.

What's to investigate here? It happens everybody knows it. Stations take money from record companies and record promoters.

Of course, we have not had a politically- motivated payola witch-hunt since 1959, so a lot of voters won't remember. All the 1959 probe did was cut DJ's out of the loop (people who could have used a few extra bucks) and create and an opportunity for their bosses.

Interestingly, Spitzer is not investigating payments talk radio programmers and syndicators make to stations to clear syndicated talk shows - including, but not limited to, Air America Radio.

Also interesting is one of Spitzer's targets is Entercom, owner of WWKB, Buffalo. Two days after Entercom pulls an effective pre-emptive strike on Niagra Independent Media's LMA, WHLD, and flips its Buffalo blow-torch to progressive talk, Spitzer serves the company with a subpoena.

The same groups and activists behind Niagra Independent Media are also backing Spitzer's camgain; some are leaders of his campaign in Western New York. People backing Spitzer are also backing Air America Radio - and Entercom is doing progressive talk without any programming from AAR.

Radio, by definition, is Interstate Commerce and regulated by the Federal Government. It is outside Spitzer's purvue. But craven broadcasters are willing to play Spitzer's game and give him publicity, and hope the whole thing will go blow away after the election. As a side-benefit, Spitzer gets to help his friends at Viagra Independent Media and AAR with a little intimidation of a broadcast competitor.

This is what happens when political types get into radio. But apparently there is no political corruption in New York that needs investigating.

Re: The Myopic Worldview of Mwebster

> Elliot Spitzer is making a(nother) grand-stand play in his
> run for governor with his "investigation" of radio payola.
>
> What's to investigate here? It happens everybody knows it.
> Stations take money from record companies and record
> promoters.
>
> Of course, we have not had a politically- motivated payola
> witch-hunt since 1959, so a lot of voters won't remember.

There you go again. The payola investigation has uncovered enormous and blatant violations of law on the part of record promoters and radio station program directors, right down to greedy demands by a few PD's for cash money for spins of mediocre product. This went FAR beyond sending out promotional goody-packs in order to get attention for new releases - this was blatant pay for play. Most common phrase heard at the office: "where is MY free iPod!!!!"

Radio stations, as a rule, do not demand that promoters cut checks based on the number of plays for each particular song they want pushed. Most program directors do not demand free first class tickets to Vegas, right down to demands for a low floor because one particular radio personality was terrified of heights.

The abuses here were egregious and demonstrated total disregard for the plainly printed law which has been part of broadcasting for decades.

We have an attorney general in our state that actually investigates and pursues crime. It may be a bit of a shock for those more used to the federal government's idea of investigations in these past few years. When federal agencies don't step up and do their jobs, Elliot Spitzer stands up for the people of New York and does his job. That's why he will easily be the next governor of this state.

> All the 1959 probe did was cut DJ's out of the loop (people
> who could have used a few extra bucks) and create and an
> opportunity for their bosses.

Mr. Magoo couldn't have said it better. This is like saying we should have never stopped rigging quiz shows because Herb Stempel needed the cash.

> Interestingly, Spitzer is not investigating payments talk
> radio programmers and syndicators make to stations to clear
> syndicated talk shows - including, but not limited to, Air
> America Radio.

There is nothing illegal about launch bonuses and brokered airtime. Further, your specific mention of Air America, which pays for one outlet, pales in comparison to the launch payments paid by other talk shops for their conservative and lifestyle talk products. That you chose to mention Air America alone further illustrates your personal problem with AAR. Get over it.

> Also interesting is one of Spitzer's targets is Entercom,
> owner of WWKB, Buffalo. Two days after Entercom pulls an
> effective pre-emptive strike on Niagra Independent Media's
> LMA, WHLD, and flips its Buffalo blow-torch to progressive
> talk, Spitzer serves the company with a subpoena.

Or, could it ACTUALLY be that Entercom's former employee Dave Universal was accused of being one of the most egregious offenders of the payola laws, hence making Entercom a prime target for the investigation.

Let's guess which is more relevant to Elliot Spitzer.

Your BIZARRE tie-in with Entercom's flip to libtalk and the Spitzer investigation is like saying Spitzer moved forward on the investigation because it snowed in Buffalo yesterday.

> The same groups and activists behind Niagra Independent
> Media are also backing Spitzer's camgain; some are leaders
> of his campaign in Western New York. People backing Spitzer
> are also backing Air America Radio - and Entercom is doing
> progressive talk without any programming from AAR.

Wow... it's snowing in here too. It's a blizzard in fact.

> Radio, by definition, is Interstate Commerce and regulated
> by the Federal Government. It is outside Spitzer's purvue.

Legal Fact Impact(tm): The Home Game Edition

Which of the following two things has more impact on the daily business of the record industry:

1) Spitzer's investigation which led to the transfer of enough cash settlement money to fill bathtubs by feelin' guilty corporate record companies and promises of immediate reform;

-or-

2) Mwebster's legal view that Spitzer has no business investigating the record and radio business even if the FCC is laying down on the job.

> But craven broadcasters are willing to play Spitzer's game
> and give him publicity, and hope the whole thing will go
> blow away after the election. As a side-benefit, Spitzer
> gets to help his friends at Viagra Independent Media and AAR
> with a little intimidation of a broadcast competitor.

Yeah, that's it. I'm calling Mulder and Scully right away.

> This is what happens when political types get into radio.
> But apparently there is no political corruption in New York
> that needs investigating.

Go tell the tale to the Unequalizer. Maybe he'll listen to you and come up with some anonymous sources to blow this story wide open.

The Presbyopic Worldview of Dampier

Of course, my worldview is myopic. That's why I've needed glasses since the fourth grade.

By the way, I feel off my bike at age 10. Bet you think I made that up, too. (I can show you the fake tooth where I knocked one out.) But feel free to make jokes about it any way.

As usual, all you do is make (bad) jokes about my posts - never a substantive rebuttal. But I'll play your game.

Fact is, I've been learning how political types think and operate from reading your posts. This gives me great insight into Spitzer and his buddies at Viagra Independent Media.

And now you get on your self-righteous high horse about payola (bad, bad, bad). Syndicators buying program clearances is OK. Networks buying news clearances is OK: How do you think Fox picked up all those Clear Channel stations? Why else would any station carry CBS Radio if they weren't paid? Been down to the supermarket lately? Shelf space is bought and paid for. And there are the votes of members of congress. Definition of an honest politician: One who stays bought. Business is more important than government because business people buy politicians and bureaucrats and not the other way around.

See more; click here.
http://www.radio-info.com/mods/board?Post=652433&Board=usa

Here is Elliot Spitzer. Rich, elitist, Ivy League New York lawyer. Works for a Republican DA (sort of like how Evan Cohen used to work for Republicans before he saw an opportunity to be a born-again liberal). Then works for Skaden Arps, a white shoe old school Wall Street corporate law firm doing all those mergers and acquisitions. Then he decides to run for Attorney General and gets in bed with organized labor (and we all know whom organized labor is in bed with). And publicity-seeking AG Spitzer (some lawyers chase ambulances; he chases cameras) doesn't fight real crime and corruption (his "friends" might not like that). He investigates areas over which his office has no authority - like radio. Ah, yes. I can see why you like the guy.

And somehow you manage to work Brian Maloney into all of this. YOu keep taking about me and AAR; what's with you and Maloney? Did you go out with him? Did he dump you and break your heart?

Which of these things is not like the other?

> As usual, all you do is make (bad) jokes about my posts -
> never a substantive rebuttal. But I'll play your game.

There is no point is rebutting fiction and bizarre speculation. You are entitled to your opinion. I am entitled to dismiss it.

> And now you get on your self-righteous high horse about
> payola (bad, bad, bad). Syndicators buying program
> clearances is OK. Networks buying news clearances is OK:
> How do you think Fox picked up all those Clear Channel
> stations? Why else would any station carry CBS Radio if
> they weren't paid? Been down to the supermarket lately?

Which of these things is not like the other? Are we really reduced to Sesame Street logic games around here? One of the things in your list is ILLEGAL. The other things in your list are LEGAL. I'm no fan of corporate media myself, but when you let politicians deregulate it to death, that's what you end up with. The answer to that problem is putting people back into office that remember they are the public airwaves licensed for our benefit.

> Here is Elliot Spitzer.

Until he hosts a talk show, we can discuss him further in Off the Air.

> And somehow you manage to work Brian Maloney into all of
> this. YOu keep taking about me and AAR; what's with you and
> Maloney? Did you go out with him? Did he dump you and
> break your heart?

With all these conspiracy theories you've been creating, maybe I'm just catching your bug and am wondering if you aren't Brian under a handle because it's amazing what he posts over there usually ends up over here by our favorite AAR critic.

At the very least, he'll take anyone with theories of a secret liberal cabal controlled by AAR seriously, so here's your chance.

Re: The Presbyopic Worldview of Dampier

> By the way, I feel off my bike at age 10. Bet you think I
> made that up, too. (I can show you the fake tooth where I
> knocked one out.) But feel free to make jokes about it any
> way.

Are you sure that it was just was just a tooth that you lost when fell off off your bike or did you have some other damage to your head.

To compare payola to a syndication comp deal is like comparing prostitution to sex between consenting adults.
<P ID="signature">______________
http://talkingradio.blogspot.com/</P>

What's the difference?

>
> To compare payola to a syndication comp deal is like
> comparing prostitution to sex between consenting adults.
>

Prostitution IS sex between consenting adults. Some sex between consenting adults involves cash. Some sex between consenting adults involves dinner and a movie.

Payola involves payment to a radio station to play a record a few times.
Syndication comp involves payment to a radio station to play a talk show every day or a newscast every hour.
Pay to play.
What difference are you talking about?

Re: Which of these things is not like the other?

> One of the things in your list is ILLEGAL. The other things in
> your list are LEGAL.

Until you pass the bar and somebody makes you judge, your opinions on what's legal don't count for much.

Still it's been a long time since I heard something like what you're dishing out. Cigarettes are OK. Booze is OK. They're legal.
Grass is ILLEGAL! (Shudder). (Bad, bad, bad)

And check the law, your honor. Payola (as defined) was cash payments to disk jockeys. Jocks don't pick records for airplay ever since. Not an issue here.

> I'm no fan of corporate media myself,
> but when you let politicians deregulate it to death, that's
> what you end up with.

When you let politicians regulate it to death, they can really screw things up. I don't much like corporations either. I like politicians even less - and trust them still less than that. Ever hear of a free market - the purest form of democracy? (I do like democracy.) Radio station plays music, talk shows or network newscasts people don't like, people stop listening. People stop listening, agencies stop buying. Whatever incentives stations might get are not worth that.

Your usual response to any criticism of progressive talk broadcasters is: Conservatives do it, too. Well, everybody does payola/fees, too. And nobdy is harmed. It's like tipping. Big tip gets you a better table. So, what?

> Until (Spitzer) hosts a talk show, we can discuss him further in Off the Air.

The point is: Spitzer makes a big splash warming over a "scandal" from 45 years ago - but ignores essentially the same practice by talk show syndicators and news networks (with news and talk stations).

As I recall the last big scandal some politicians went after was the use of laugh tracks on TV sitcoms. This one is also about radio. Mostly the laughs on those laugh tracks came from old radio shows - especially Fred Allen. But maybe this one needs more investigating, too.

Maybe Mike Wallace should do an expose? Oh, no! Mike Wallace used to host one of those rigged quiz shows you mentioned before.

Next maybe Spitzer will investigate Survivor and those other reality contests. Wanna bet there some dramatic license going on there.

And did you know when you see people eating ice cream on TV, it's really mashed potatoes. Horrors! Maybe Spitzer should investigate that, too. Say, do you think Ed McMahon really bought one of those insurance policies he tried to sell you? Calling, Mr. Spitzer!

You don't like corporations but keep in mind that corporate M&A lawyer Spitzer is not really investigating anything that seriously affects corporate interests - like station ownership limits. He's just making a show for the mob. Just as talk show hosts do.

Re: What's the difference?

> Payola involves payment to a radio station to play a record
> a few times.
> Syndication comp involves payment to a radio station to play
> a talk show every day or a newscast every hour.
> Pay to play.
> What difference are you talking about?


If you think that there is no difference between payola and syndication comp deals than you are showing your ignorance about the music and radio businesses.

In the music industry, the illegal practice of record companies paying money for the broadcast of records on music radio is called payola, if the song is presented as being part of the normal day's broadcast.
Under United States law, a radio station has always had the ability to play a specific song in exchange for money; however, this must be disclosed on the air as being sponsored airtime, and that play of the song should not be reported as a "spin".

Since the famous Alan Freed case in 1960 many people have been found guilty of payola and members of the record and radio industries have paid out millions in fines.

Syndication comp deals are a completely legal practice. If you own the syndication rights for a radio show and want to pay a radio station to carry it that is completely legal. Conversely, if the radio station pays to carry a syndicated show that is also legal.

No one has ever been accused or convicted of a crime because of an affiliation comp deal. It has nothing to do with Payola.

Get it?
<P ID="signature">______________
http://talkingradio.blogspot.com/</P>

Re: What's the difference?

Once again, you point to no essential difference between the two - just a legalism. Again, it's like saying booze and cigs are OK because they legal; grass is bad because it is not.

People went to jail for refusing to go to Viet Nam and kill babies, too.

"The law is an ass" - Dickens


>
> Syndication comp deals are a completely legal practice. If
> you own the syndication rights for a radio show and want to
> pay a radio station to carry it that is completely legal.
> Conversely, if the radio station pays to carry a syndicated
> show that is also legal.
>
> No one has ever been accused or convicted of a crime because
> of an affiliation comp deal. It has nothing to do with
> Payola.
>

Re: Someone Isn't Watching Court TV

> > One of the things in your list is ILLEGAL. The other
> things in
> > your list are LEGAL.
>
> Until you pass the bar and somebody makes you judge, your
> opinions on what's legal don't count for much.

But yours does? You are like the pitbull that won't let go of your own wrongness.

> And check the law, your honor. Payola (as defined) was cash
> payments to disk jockeys. Jocks don't pick records for
> airplay ever since. Not an issue here.

The statute is not confined to disk jockeys.

Who are you going to trust, the Attorney General or some guy on a web forum using a handle:

Attorney General Eliot Spitzer today announced an agreement to halt pervasive "pay-for-play" in the music industry.

Under the agreement, SONY BMG MUSIC ENTERTAINMENT, one of the world's leading record companies and owner of a number of major record labels, has agreed to stop making payments and providing expensive gifts to radio stations and their employees in return for "airplay" for the company's songs.

Such payoffs violate state and federal law.

"Our investigation shows that, contrary to listener expectations that songs are selected for airplay based on artistic merit and popularity, air time is often determined by undisclosed payoffs to radio stations and their employees," Spitzer said. "This agreement is a model for breaking the pervasive influence of bribes in the industry."

After receiving tips from industry insiders, Spitzer's office conducted a year-long investigation and determined that SONY BMG and its record labels had offered a series of inducements to radio stations and their employees to obtain airplay for the recordings by the company's artists.

The inducements for airplay, also known as "payola," took several forms:

• Outright bribes to radio programmers, including expensive vacation packages, electronics and other valuable items;

• Contest giveaways for stations' listening audiences;

• Payments to radio stations to cover operational expenses;

• Retention of middlemen, known as independent promoters, as conduits for illegal payments to radio stations;

• Payments for "spin programs," airplay under the guise of advertising.

http://www.oag.state.ny.us/press/2005/jul/jul25a_05.html

> Radio station
> plays music, talk shows or network newscasts people don't
> like, people stop listening. People stop listening,
> agencies stop buying. Whatever incentives stations might
> get are not worth that.

Except that radio broadcasting is a limited spectrum endeavor and stations must be limited and licensed to avoid interference issues. The ultimate limit of choice for the listener continues to be an issue with more and more consolidation in the industry.

> Your usual response to any criticism of progressive talk
> broadcasters is: Conservatives do it, too. Well, everybody
> does payola/fees, too. And nobdy is harmed. It's like
> tipping. Big tip gets you a better table. So, what?

No, my response to you is that you are factually incorrect.

Not since they dropped Homicide: Life on the Street

Q: What do Phillip and the Pope have in common?
A: Both are infallible. Anyone who disagrees with either is by definition WRONG.

>
> Who are you going to trust, the Attorney General or some guy
> on a web forum using a handle:
>

"The" Attorney General. Does this mean you trust Gonzales? Ashcroft?

What your buddy Spitzer says about payola is about as trustworthy as what those other guys say about the Geneva Convention, Executive Priviledge and treatment of prisoners - and about as politically motivated.

Meanwhile, your hero ignores organized crime, labor corruption and political corruption in New York. Nothing to discomfort his "friends" but his actions do serve to thwart those friends' competitors (i.e., Entercom).

Meanwhile ABC - which is now out of the radio business - helps to promote Spitzer's publicity stunt.

Payola in law and practice

For the benefit of those of you who think record companies and radio station owners don't have lawyers:

Wikipedia:
<blockquote>Currently a different form of payola is used by the record industry through the loophole of being able to pay a third party or independent record promoters ("indies"; not to be confused with independent record labels), who will then go and "promote" those songs to radio stations. Offering the radio stations "promotion payments", the independents get the songs that their clients, record companies, want on the playlists of radio stations around the country.

Because of this, a very large majority of DJs are cut out of the song-picking decisions and are instead told what to play and when (for the most part) by music directors and/or "higher ups" at their radio stations.

This new type of payola sidesteps current FCC regulations requiring that, if a song is paid for by the record company, the radio station must state that it was paid for. Using independent intermediaries allows the record company to avoid directly paying the radio station, thus the radio station need not report it as a paid promotion.</blockquote>
http://en.wikipedia.org/wiki/Payola

Besides, would Spitzer put Danny Goldberg in jail? No way.

Re: Eliot "Man Of LaMancha" Spitzer

When are people gonna stand up to this AH...

Good question

The New York Association of Broadcasters should (1) refuse all campaign ads for the gubernatorial campaign, (2) Dig up as much dirt as they can on him and (3) In place of those campaign ads, run blistering editorials denouncing the guy. No interviews. No talk show appearances. Send him back to his Wall Street law firm.

It's time to take advantage of no fairness doctrine and stop this hack and his witch-hunts.

>
> When are people gonna stand up to this AH...
>

Good Answer..

Oh, they deserve it, and more. Why didn't they stand up to the FCC as you suggest they stand up to Spitzer? Because they're greedy c@ck$ucker$, that's why. Back in the old days, at least the right people got the money: The Talent.
Now it's going to a bunch of asshats who trim the salaries of talent, employ voicetracking, load up commercials, and suck up to the Feds.

And the FCC does not anything to do with this investigation. I wonder why.

Give 'em hell, Spitzer.



> The New York Association of Broadcasters should (1) refuse
> all campaign ads for the gubernatorial campaign, (2) Dig up
> as much dirt as they can on him and (3) In place of those
> campaign ads, run blistering editorials denouncing the guy.
> No interviews. No talk show appearances. Send him back to
> his Wall Street law firm.
>
> It's time to take advantage of no fairness doctrine and stop
> this hack and his witch-hunts.
>
> >
> > When are people gonna stand up to this AH...
> >
>

"Potentially The Biggest Scandal in Broadcast History" - FCC Commissioner Adelstein

> Q: What do Phillip and the Pope have in common?

> A: Both are infallible. Anyone who disagrees with either is
> by definition WRONG.

The Pope is wrong about several things. But that's not important right now.

You are wrong about this.

While you continue to stage your analysis as unquestionable fact, the rest of the country has already moved forward. Now we learn the FCC is -finally- getting involved and what do they have to say about the payola scandal that you think isn't even a question of law?

Why at least one thinks it's potentially the biggest scandal and lawbreaking in broadcast history! But who are they when mwebster has the scoop on ... it... oh wait, they are the FCC!

There isn't a windmill in America this big for you to tilt at so throw in the towel and move on.

http://abcnews.go.com/Business/story?id=1600966&page=1

> "The" Attorney General. Does this mean you trust Gonzales?
> Ashcroft?

2+2=An Iguana. Apples and oranges. If you want to discuss Spitzer outside of payola, do it in Off the Air.