MHBC Radio and Media News: Wednesday's Radio & Media News

Report: Apple Playing Hardball with iTunes Radio Holdouts:
Threatens to Yank iTunes Radio Holdouts from iTunes Store

Apple is reportedly threatening to pull iTunes Radio holdouts from its iTunes Store. Digital Music News writes, "Looks like Apple's onerous licensing demands on iTunes Radio could be going to that crazy place. According to multiple sources to Digital Music News, Apple is considering penalizing any iTunes Radio holdouts by removing them from the iTunes Store." The report, and others now circulating, say that Apple is reportedly "pondering the strongarm tactic, according to multiple executives at digital distribution companies speaking in confidence to Digital Music News." No on-the-record confirmations, though, are coming from anyone -- yet. Digital Music News says "one whisper pointed us to a letter from The Orchard stating that Apple would be removing the content of iTunes Radio holdouts. The Orchard executive Jaclyn Ranere subsequently told Digital Music News that those reports were erroneous." The exec is quoted as telling them, "I oversee all client communications and this is not something we ever wrote about." The Orchard, notes the report, is among the largest digital distributors in the space. And separately, UK-based distributor AWAL Digital may also be alerting clients. "According to my label's distributor (KOBALT/AWAL), from what they have managed to learn from Apple so far, it seems like you won't be able to have releases in the iTunes Store if you don't accept iRadio as well." The rumor, says Digital Music News, "follows a string of indie-unfriendly licensing moves from Apple, and continues to distance Apple from its benevolent 'savior of the music industry' image."

Pandora Responds to Pink Floyd's Op-Ed Blast,
But May Be Ready to Negotiate Royalty Rates

Pandora today responded to Pink Floyd's "Pandora's Internet Radio Royalty Ripoff" op-ed piece in USA Today. As we reported Monday, the three surviving members of the iconic Classic Rock band -- Roger Waters, David Gilmour and Nick Mason -- made their opinions known on webcasters royalty rates in the op-ed piece, in which they were especially critical of Pandora.
In a statement released today, a Pandora spokesperson responded:
"We have enormous respect for the members of Pink Floyd, and their amazing artistic contributions. We also respect the genuineness of their opinion. Unfortunately, they have been given badly misleading information-the result of a well-orchestrated campaign by the RIAA and their lobbying arm to mislead and agitate artists. A glaring example is the assertion that Pandora supports an "85% artist pay cut." That is simply not true. We never, nor would we ever, support such a thing. In fact, Pandora has suggested solutions that would guarantee no reduction in artist payouts while also nurturing the growth of internet radio -- a medium that is crucial to thousands of independent musicians who don't enjoy major label support or FM radio exposure. This much is true: Pandora is by far the highest paying form of radio in the world and proudly pays both songwriters and performers. For perspective, to reach the exact same audience, Pandora currently pays over 4.5 times more in total royalties than broadcast radio for the same song. In fact, at only 7% of U.S. radio listening, Pandora pays more in performance royalties than any other form of radio."

Meanwhile, there are reports that Pandora may be ready to negotiate royalty rates with artists and labels. According to TheVerge.com, Pandora has already held "preliminary discussions with groups representing music artists as well as indie and major labels." Sources tell The Verge that formal negotiations between both sides are expected to begin soon. "What each side is asking for in the negotiations isn't clear. What is certain is that reaching a settlement is likely to take awhile." Sources also told the site that while Pandora may be looking for an amicable resolution, at the same time the company is also attempting to gauge "what kind of Capitol Hill support it might have for a new bill designed to lower web radio's royalties," writes The Verge.

musicFIRST Responds to Pandora's Response to Pink Floyd:
'Petition Stonewalling Continues: A Question For Pandora'

The musicFIRST Coalition is reacting to the battle between Pink Floyd and Pandora, including the streaming music service's just-released statement claiming members of the Classic Rock band received "misleading information." In a blog post on their website -- "Petition Stonewalling Continues: A Question For Pandora" -- musicFIRST writes, "It took three days (whatever happened to the 24-hour news cycle?), but Pandora finally responded to Pink Floyd’s concerns about the IRFA pay cut. (Apparently they have decided to plead the fifth on Pink Floyd’s further concerns regarding the deceptive 'artist petition,' which the statement does not mention.) Pandora claims the band got 'misleading information' regarding Pandora’s desire to cut artists’ pay by 85%. But, as the attached infographic shows, the information comes from IRFA’s sponsors and Pandora’s Tim Westergren himself. The company said the idea behind IRFA is to remedy the difference between Internet radio royalties (50% of revenue) and satellite radio (8% of revenue). Going from 50% to 8% is about an 85% cut. It’s simple math. Of course, these are the same people who said a pay cut would be good for artists, so maybe math isn’t their strong suit. They’re the same people who see a market where 2,000 services pay a fair market rate and 3 grandfathered services pay a subsidy below market rate and think the fair solution is to drag everyone down to the subsidy rate (with the lost royalties all coming out of music creators’ pockets). So maybe economic justice isn’t a strong suit either. Anyhow, it’s hard to know what the doubletalk about 'no reduction in artist payouts' means, but I would like them to show us where that 'guarantee' is in the bill the company is pushing. It’s not in there. My guess is it’s more shady parsing, like their phony petition. Maybe a promise not to reduce the total dollars they currently pay for recorded music? But that same fixed amount would be spread out among more and more creators as Internet radio grows. The per-spin royalty would plummet – and individual artists would see their paychecks shrink – while Pandora’s 'guaranteed' total 'artist payouts' would stay the same. Like a boss who promises not to cut payroll, but hires more and more staff out of the same limited funds. If you’re the one having your wages slashed, the fact that the boss’s total payout hasn’t shrunk isn’t much comfort. Now that would be a pretty deceptive way of putting things and maybe we’ve misunderstood (although, after the artist petition scandal, maybe not). After all, wasn’t it Tim Westergren himself who in describing the problem IRFA would address said 'the problem is the rates'? It’s in their own words repeatedly. Only Pandora really knows what they mean, of course. Maybe someone should ask them."

NPG Sues Clear Channel for Unauthorized Website Photos

National Photo Group, a Los Angeles-based photo agency, is suing Clear Channel for unauthorized use of celebrity photos on radio station websites. The suit names eleven Clear Channel stations, alleging that they "copied, modified, and displayed NPG's photographs" "knowingly and in violation of the United States copyright laws." Pictures used include those of Jason Aldean, Ashton Kutcher, Demi Moore, Drew Barrymore and Prince Harry. The suit, filed in U.S. District Court for the Western District of Texas, seeks statutory damages of $150,000 per infringement or actual damages and wrongful profits, plus attorney's fees and other relief. So far there's been no response from Clear Channel or their stations named in the suit -- including CHR-Top40 "The River” WRVW-FM, Nashville; Country "The Bull” WUBL-FM, Atlanta; CHR-Top40 KZHT-FM, Salt Lake City; Hot AC "100.3 The Peak" KPEK-FM, Albuquerque; and Country "US101" WUSY-FM, Chattanooga. Veteran radio and media reporter Tom Taylor, in his Now Newsletter, says, "The suit will likely be settled and never go to trial."

Arbitron Quickly Re-Files Suit Against Renda

Arbitron has quickly filed an amended complaint in U.S. District Court for the Middle District of Florida after its lawsuit against Renda Broadcasting was dismissed. Arbitron renewed its claim that Renda used ratings information without authorization. William Adams Jr., the same lawyer who filed the original suit, quickly re-worked the suit and re-filed it after U.S. District Court Judge Marcia Morales Howard threw it out as a "shotgun pleading." The federal judge gave Arbitron until July 26 to re-file its lawsuit against Renda. The "shotgun pleading" was defined in a previous case as a complaint that "contains several counts, each one incorporating by reference the allegations of its predecessors, leading to a situation where most of the counts ... contain irrelevant factual allegations and legal conclusions." The judge issued an order that said "the Court is faced with the onerous task of sifting out irrelevancies in order to decide for itself which facts are relevant to a particular cause of action asserted. Here, each subsequent count of the three counts in the Complaint incorporates by reference all allegations of each of the preceding counts." As we've previously reported, the complaint alleged violations of both federal copyright law and state unfair trade practices law. Arbitron claims Renda General Manager Bill Reese had been getting Arbitron numbers from a local ad agency friend and passing them out to members of his staff. Renda hasn't been an Arbitron subscriber since 2010.

Rhonda Lapham Named Clear Channel Providence Market Manager

Clear Channel Media and Entertainment Providence promotes Rhonda Lapham to Market Manager effective immediately. Lapham will report to Clear Channel Media and Entertainment SVP of Operations Kevin Legrett. She's promoted from Providence cluster GSM. "Rhonda has a proven track record of leading our Providence team to success," says Legrett. "We are thrilled to have her take on this new role and focus on the Providence market." In her new role, Lapham will be responsible for all aspects of the market's operations including all strategies, programming and sales initiatives for the Providence cluster. We're told that she will "oversee all station activities and events to help drive sales and achieve revenue targets, leveraging Clear Channel Providence's brands, audience and all assets to provide quality programming and create new revenue opportunities." Says Lapham, "I am excited to work with the outstanding Providence team and our exceptional brands 94.1 WHJY, Coast 93.3, B101 and Talk Radio WHJJ. This is such a dynamic time for Clear Channel and I am thrilled to be part of the next phase of growth in Providence." A CCME news release notes that Lapham is being promoted from within Clear Channel Providence, where she most recently was General Sales Manager. She's been with the market since 2003, with previous roles as a Local Sales Manager and Account Executive. Prior to joining CCME, Lapham was the Director of Sales at Fine Hotel Corporation, Holiday Inn, Remington Hotel Corporation and Flatley Hotel Corporation.

Arbitron Reports on NHL Regular Season Listenership

For the first time, Arbitron has compiled averages for the NHL regular season. The ratings company measured 22 North American teams in 19 PPM markets (3 from New York – Rangers, Devils, Islanders; 2 from Los Angeles – Ducks and Kings). One professional hockey diary market (Buffalo) is not measured. And, of course, nothing is being reported from the seven Canadian teams. The Stanley Cup Champion Chicago Blackhawks had the largest cume among Persons 6+, with 129,800. The New York Islanders were ranked last with just 2,000. The Pittsburgh Penguins had the largest average share among Men 25-54 with a 33.3 share, far and away beyond the second ranked St. Louis Blues, with a 12.6 share. The Islanders again were ranked last with just a 0.1.

Arbitron has also released a number of notes and observations from its NHL listenership study:
* Where’s the support from the NHL? Try finding any radio information on the teams web pages and it’s almost nonexistent. Download a schedule for Outlook, or an Apple product and TV information is everywhere…radio is likely no where to be found.
* Many teams saw performance improvements when compared to last year. Some would consider the shortened season a reason. Suddenly, with 46 rather than 82 games, each game mattered in many minds. In addition, the schedule was more regionally focused than nationally. For example, the Washington Capitals didn’t travel to play San Jose. The league recognized Washington was better playing a Boston, and San Jose was better playing a Los Angeles in a shortened season.
* Remember, most games are at night, especially East Coast, and Midwest teams. Comparing NHL with MLB or NFL isn’t a fair comparison for this reason. However, for many markets, when hockey was on, it was a large destination for Men on the radio.
* West Coast always have an advantage because many of their games have earlier start times.
* Pittsburgh is in a league of their own. Virtually all games have 7pm or later face offs. Yet, they still dominate a market like no other team. You’ve got a hat trick here. Strong FM flagship geared to a younger NHL-focused audience (Alternative Rock), successful franchise on the ice, and a fan base rooted in the community for generations.
* Impressive stories can be had for markets like St. Louis, Chicago, Boston, Minnesota, Philadelphia and Detroit. Notice the trend here? Again, like football and baseball, the Midwest and East Coast are sports meccas.
* When NHL teams are preempted it posses serious issues. Typically teams get bumped for NBA, MLB or NHL. Who they get bumped to makes a world of difference. The Chicago Blackhawks and WGN likely saw this and addressed it by moving conflicts to WLUP-FM, a much strong radio station, one their fans were familiar with. The result – people moved to that station.
* While we haven’t run the data, playoffs make a HUGE difference in estimates. Typically we see the playoffs deliver 2-5x the average season audience. And, unlike the NFL, the audience grows as the playoffs continue.
* The New York Islanders air on a non-commercial, Long Island college radio station. * Boston, Chicago, Detroit, Minnesota, Pittsburgh and St. Louis were the most listened to broadcast of Men 25-54 when those teams were playing in their markets.

Bob Lacey Inducted into North Carolina Broadcasters Hall of Fame

Greater Media Charlotte tells us that "107.9 The Link" WLNK-FM morning show co-host Bob Lacey -- of the "Bob and Sheri Show" -- was among those this week officially inducted into the North Carolina Association of Broadcasters (NCAB) Hall of Fame for their contributions to broadcasting and to the state of North Carolina. The inductees were officially recognized during the NCAB Annual Convention held at the Grandover Resort in Greensboro NC. The presentation followed the Annual North Carolina Broadcast Awards, which recognizes excellence in broadcasting at member television and radio. The syndicated "Bob and Sheri Show" is broadcast to more than 40 affiliates around the country including four North Carolina markets, as well as over 170 countries worldwide through the American Forces Radio Network. "Bob is very deserving of this recognition by NCAB," says Greater Media Charlotte Station Manager Trip Savery. "He joins other North Carolina broadcasting legends including Rick Dees, Charles Kuralt, and Ty Boyd who were all inducted at the height of their careers."

Russell Perry to Receive New Sydney L. Small Award

An award honoring the late Sydney L. Small, co-Chairman of American Urban Radio Networks, will headline the 2013 Urban Knight Awards. The 11th Annual event will take place during the NAB/RAB Radio Show September 18-20 in Orlando. The inaugural Sydney L. Small Lifetime Achievement Urban Bishop Award will be given to Russell Perry, Chairman and CEO of Perry Publishing and Broadcasting Company in Oklahoma City. Says AURN President of Program Operations and Affiliations Jerry Lopes, "I could not be more pleased than to present an award bearing Syd's name. The Urban Knight Awards event is in many ways like the CEBA Awards (Communication Excellence to Black Audiences) which Syd and his team at National Black Network founded back in the late 80's. To give the initial award to Russell Perry, one of the finest broadcasters in the nation makes it especially rewarding." Anthony Small adds, "I am very grateful that 2013 Urban Knight Awards are honoring Sydney L. Small with an award in his name. My father, Sydney, was a pioneer and truly dedicated to this industry. He would be proud that Mr. Russell M. Perry is the first person to receive this award."

Another highlight of the September 18 reception will be the induction of Alex Snipe, President and CEO of Glory Communications in Columbia, SC, into the Urban Knight Hall of Fame. The Urban Knight Awards are designed to honor those who have significantly improved marketing and sales to the African American consumer marketplace. Also receiving Urban Knight Awards: Superadio/New York President/COO Jack Bryant, WQMJ-FM/Macon, GA, owner Mike Roberts, KJLH-FM/Los Angeles VP/GM Karen Slade, WFUN-FM and WHHL-FM/St. Louis VP/GM Shawneen Thompson, GroupM/New York Managing Partner & Director of Radio Kim Vasey, and Wilson Broadcasting Company/Dothan, AL, President/CEO J.R. Wilson.

Weezie Kramer to Present at BMI's 'Rising Through The Ranks'

Entercom Station Group President Weezie Kramer joins the lineup of presenters at BMI's annual "Rising Through the Ranks" seminar, this year set for August 21-22, at the BMI offices in Nashville. Featured topics include problem solving, managing team personalities, personal brand building and "real world radio dynamics." The deadline to submit applications is midnight July 3. BMI Chair Susan Davenport Austin and Senior VP/CFO of Sheridan Broadcasting will deliver the keynote address. Also appearing at the Rising Through the Ranks Seminar: Integrated Media Solutions Group CEO Lynn Anderson, Journal Broadcast Group VP/Radio Programming Beverlee Brannigan, CBS/Chicago Local Sales Manager Lindsay Cerejewski, RAB President/CEO Erica Farber, RAB VP/Professional Development Brandeis Hall, Arbitron EVP/Chief Sales and Marketing Officer Carol Hanley, Clear Channel/Seattle VP of Sales Katarina Perez, Local Focus Radio President Kay Olin/Alliance for Women in Radio, Neuhoff Media VP of Sales Danielle Outlaw, BMI VP of Licensing Dan Spears, Cromwell Group Owner/President Bud Walters, and Bounceology Founder Diane Warren. Scholarships cover the cost of the training course and are designed to foster and educate emerging female radio sellers and managers within the industry. The training course is limited; applicants are encouraged to submit early to secure a spot.

TuneIn to Offer New York Public Radio

New York Public Radio (NYPR) will now be available on TuneIn, with a new "strategic alliance." With the agreement, the programming created by New York Public Radio stations WNYC-AM-FM and WQXR-FM "will now reach over 40 million monthly active TuneIn listeners." WNYC is the nation’s most listened-to AM/FM news and talk public radio station. WQXR is New York City’s only all-classical music station. "New York Public Radio is a powerhouse public radio network," says TuneIn VP of Programming Kevin Straley. "With this partnership we will now be able to offer our listeners from around the world access to the cultural richness of WNYC and WQXR's programming." WNYC is the producer of the Peabody Award-winning shows "Radiolab," "Studio 360," "The Leonard Lopate Show," "On The Media" and "The Brian Lehrer Show." WNYC is also a producer of podcasts and personality-driven programming, including "Freakonomics Radio with Stephen Dubner" and "Here's The Thing with Alec Baldwin." In addition to live streaming of WNYC and WQXR, TuneIn will now also carry two of WQXR's web-only streams: Q2 Music, which offers Contemporary Classical and Operavore, which exclusively streams Opera. "WNYC and WQXR's distinct and compelling content has strong appeal beyond its terrestrial listenership," says NYPR Chief Digital Officer Thomas Hjelm. "We are excited that through this partnership with TuneIn, we will be able to expand our digital audience even further."

Virginia Beach 'Hot 100.5' Wins Outstanding Website Honor

Max Media CHR-Top40 "Hot 100.5" WVHT-FM, Virginia Beach, has won first place in the 76th Annual Virginia Association of Broadcasters Awards for Outstanding Website (www.Hot1005.com) in a Large Market. The awards, announced during a ceremony at the Hilton Virginia Beach Oceanfront, are based on achievements in broadcasting during the 2012 calendar year. "This is truly an honor to receive," says Max Media VP of Digital Strategy Jeff Rimmer. "We envisioned creating a website product that was simple for the listener to navigate and engage themselves with, therefore we developed and launched the first radio station website without the clutter of banner advertising. By enhancing our website to the model, it became Smartphone friendly and provided our audience the ease of receiving our web content from any device they chose to use." VP and General Manager Dave Paulus tells us, "Since my first day at Max Media in 2010, our team has been dedicated to transforming these radio stations into an electronic medium that, website and social media alike, delivers the best product that our listeners deserve. We are creatures of habit and knew that with the development of the new website design, we would be able to enhance our audiences engagement with Hot 100.5. I am delighted and honored to see our team's hard work and efforts be awarded." The Virginia Association of Broadcasters solicited for entries on radio and television projects between January 2012 and December 2012. The categories are broken down by market size with commercial and non-commercial stations judged separately.

Behind the Microphone: The Ins and Outs of Radio

Julian is in at Clear Channel CHR-Top40 "Kiss" KZZI-FM, Phoenix for 4-9pm, starting July 8. He arrives from four years in mornings at CBS Radio's "B96" WBBM-FM, Chicago. Previously, he hosted afternoons on "B96" ... Market vet Turi Ryder is leaving Tribune Talk WGN-AM, Chicago, where she's hosted late nights since January. She revealed her exit on the air to surprised listeners, saying that management told her that they are taking the station in a "different direction" and thanked management for the "classy" move of allowing her to do a last show, which will be Thursday night ... Allen Hunt is ending his Talk WSB-AM/WSBB-FM, Atlanta, weekend show. He says on his website, "With both joy and sadness, I share with you that the Allen Hunt Show will end on Sunday, June 30." The show, previously syndicated, was asked by the station to move to a different time slot (earlier), which Hunt says was the opportunity to "sunset" the show so he can devote himself to Catholic ministry work with which he's become involved ... Stephanie Blue is in at Advanced Media Partners Peoria, Illinois, as Production Director for the four station cluster and midday host for "98.5 Kiss FM" WPIA-FM -- starting July 1. She most recently was at Beasley's Fort Myers, Florida, cluster ... Jason "Buckethead" Bailey exits Talk "Real Radio 104.1" WTKS-FM, Orlando, where he's been midday host, for personal reasons. Shawn "The News Junkie" Wasson takes over in middays at "Real Radio 104.1".

New TPM Component Charts Now Available
Just a reminder. The new TPM Component Charts -- CHR-Top40, Hot AC, and AC -- from BDSRadio are now online at MHBC's TotalPopularMusic.com. New National Airplay Charts for the three formats are published every Wednesday by Nielsen BDS and automatically updated on our dot com website. Currents and recurrents are listed for each format. And we also have the "Indicator Charts" for each sub-division of "Total Popular Music"! (These charts are offered in addition to our media-based "Daily U.S. Radio Airplay Updates" from the "other" major airplay-monitoring service!)