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Capitol ® Washington, D.C. 20045 Washington, Ste. 840 529 14th St. NW, & SCIENCES ARTS RECORDING OF ACADEMY NATIONAL NATIONAL ACADEMY OF RECORDING ARTS & SCIENCES SUMMER 2007 Tracks CapitolCapitol TracksTracks® ADVANCING THE RIGHTS OF THE MUSIC COMMUNITY ® ® ® INDEPENDENT MUSIC GETS ® GOOD RECEPTION AT FCC FCC Commissioner Jonathan Adelstein (playing harmonica, center), D.C. music legend Chuck Brown and independent singer/songwriter Janine Wilson celebrate new anti-payola radio practices. The musicians were part of a Recording Academy delegation sent to the FCC to show support for its efforts to curb payola. Photo: Paul R. Morigi/WireImage.com FCC And Broadcasters Reach Wireless Concert Technologies At Risk Payola Settlement Recording Academy works with FCC and Congress to prevent interference Academy, other organizations requested FCC action On April 13, the Federal Communi- cations Commission and four major radio The efforts by The broadcasters released a consent decree “ to settle allegations of payola. The broadcasters agreed to $12.5 million Recording Academy and in payments and a side agreement with independent labels to increase airtime numerous other advocacy During a visit to Sen. Lamar Alexander’s Washington, D.C., office earlier this year, a coalition of music and for independent music. technology representatives briefed the senator about the “white spaces” issue. (l-r): Daryl Friedman of The Recording Academy, Steve Gibson of the Grand Ole Opry, Sen. Alexander, Paul Gallo of the Professional Audio CBS Radio, Citadel, Clear Channel groups were extremely Manufacturers Alliance, and Ryan Smith of Shure Microphones and Entercom have all agreed to the set- tlement with the FCC. In addition to the helpful in paving the way Imagine the lights going up on your manufacturers and arts presenters that multi-million dollar payments, the four favorite artist in concert. You’re sitting in is working to head off two dangers. First, broadcasters have agreed to new practices for this agreement. those fourth-row center seats you worked The Academy is supporting legislation designed to prevent pay-for-play activities, ” so hard to get. The person next to you is by Rep. Bobby Rush (D-Ill.) that would such as compliance officers and training — FCC Commissioner Jonathan Adelstein checking his e-mail on a handheld device require unlicensed device manufacturers for radio staff. The radio groups also and suddenly the artist’s voice is over- to demonstrate that the new devices worked with the American Association of shadowed by static and interference. Now will not interfere with existing technolo- Academy filed a request with the FCC Independent Music (A2IM) to adopt a set imagine this scenario playing out in gies. Second, The Academy is fighting calling for a consent decree that would of “Rules of Engagement” with the concerts all over the country, Broadway bills that would allow potentially interfering ensure significant financial payments independent sector. shows, political events and even churches. devices into the spectrum before testing by the broadcasters as well as revised The developments follow several The issue that raises this nightmare is completed. The Academy has filed practices going forward. The Academy actions by The Recording Academy scenario for the concert industry is the a statement with the FCC asking it to has also endorsed the A2IM Rules and other leading artist and community possibility of new unlicensed devices include wireless music technology in of Engagement. organizations. Earlier this year, The operating within the wireless spectrum its testing. “The efforts by The used by microphones, instruments and In addition to lobbying in Washington, Recording Academy and monitors. If some in Congress get their The Academy briefed officials from numerous other advocacy way, the “white spaces” of the wireless Congress and the FCC in Los Angeles groups were extremely spectrum — currently used by the live during GRAMMY Week in February. As helpful in paving the way concert industry — may soon become Staples Center was being prepared for for this agreement,” noted available to tens of millions of new devices the 49th Annual GRAMMY Awards tele- FCC Commissioner Jonathan ranging from handheld e-mail devices to cast, the delegation from D.C. had an Adelstein. “I applaud the garage door openers to baby monitors, opportunity to see firsthand just how artist community for engaging causing significant interference to the much the concert industry relies on on the issue, and encourage concert technologies. Simply put, these wireless technologies. The Academy and its mem- are devices that do not require the top As this issue progresses, The Academy bers to stay involved and help level wireless transmission qualities that are will seek input and involvement from us keep music diversity on expected from the concertgoing public. members to help ensure that this technol- FCC Commissioner Jonathan A2IM President Richard Bengloff the radio.” Adelstein, who Adelstein Photo: Jim Saah Photo: Christine Butler The Recording Academy is part of a ogy, so important to the music community, Continued on page 5 broad coalition of music organizations, is protected. 2 CAPITOL TRACKS CAPITOL TRACKS 3 MusiCares Hosts Congressional Briefing Closed-door session with managers addresses musicians’ insurance needs On Feb. 10, one day before the public has been incredibly powerful. 49th Annual GRAMMY Awards, MusiCares Mental illness and addiction in some way held a closed-door meeting with four touches every American family.” members of Congress and more than 50 Legislation requiring insurance com- leading artist managers on the need for panies to treat mental illness — including a federal mental health parity bill that addiction — in the same manner as grants access to addiction and mental physical illness is progressing through the health treatment. Representatives Joe Senate. The Senate Health, Education, Crowley (D-N.Y.), Patrick Kennedy (D- Labor and Pension Committee passed R.I.), Grace Napolitano (D-Calif.) and the Mental Health Parity Act of 2007, Jim Ramstad (R-Minn.) each presented which now requires full Senate action. Rep. Jim Ramstad Rep. Grace Napolitano their views and heard personal accounts In the House, Rep. Kennedy intro- Photo: Rick Diamond/WireImage.com Photo: Rick Diamond/WireImage.com from the distinguished audience. duced the Paul Wellstone Mental Health “I have been moved and overwhelmed and Addiction Equity Act, HR 1424, by the turnout everywhere we go as we named after the late senator who cham- reforms that are so singularly important President Kristen Madsen. “As discuss mental health parity with different pioned the cause. The bill’s 263 co-sponsors to the music community is matched by MusiCares continues its efforts to communities across our country,” said aim to ensure that health plans will offer their sensitivity to the indefensible cloak improve the conditions for music makers, Rep. Kennedy. “It’s one thing to know you coverage for mental health care. of secrecy and shame that still lingers we are proud to stand together with have support from all directions, but to “The passion of the congressional around issues of addiction and mental these leaders and are energized by this hear it and feel it from members of the leaders who are championing these health,” stated MusiCares Senior Vice joint effort for equity.” Payola Settlement Continued from page 2 briefed a Recording Academy delegation historic opportunity to increase the radio on this subject in 2005, is a leading crusader exposure of the vibrant independent against payola. music sector. We now look forward to The A2IM agreement calls for a number implementing the new rules to the benefit of procedures that prevent discrimination of independent labels, independent against independent music by the broad- artists and radio listeners,” noted A2IM casters, such as requiring nondiscriminatory President Richard Bengloff. The New York- access to music programmers, as well based trade association was created in as the prohibition of any compensation 2005 to advance the interests of the in exchange for playing music. In addition, independent sector. the radio groups have agreed to air 8,400 As details of these new practices are half-hour blocks of programming dedicated solidified, The Academy will notify its Rep. Joe Crowley Rep. Patrick Kennedy Photo: Rick Diamond/WireImage.com Photo: Rick Diamond/WireImage.com to independent music. members about the procedures for gaining “The Rules of Engagement present a access to this airtime. 4 CAPITOL TRACKS CAPITOL TRACKS 5 Musical Chairs (And Co-Chairs) Key Music Caucus Re-formed In 110th Congress brings new leadership to music-related committees The power shift during the midterm roles. Senate Judiciary Chair Patrick New Congress elections will have an impact on the music Leahy (D-Vt.) is nothing short of a crusader New session also sees caucus Co-Chair Hoyer elected majority leader community. It is not the party shift from for intellectual property rights. In the Republican to Democratic control in itself House, Judiciary Committee Chair John The Recording Arts and Sciences that is the main factor (music creators and Conyers (D-Mich.) has demonstrated a Congressional Caucus, formed with major copyright owners have broad support on consistent track record of support for input by The Recording Academy just two both sides of the aisle), but the change in songwriters and artists, while Lamar years ago, has been re-established in the leadership and committee chairmanships Smith (R-Texas), the ranking Republican new Congress. Once again, the caucus is that put new hands at the wheel driving on the full committee, was the driving co-chaired by Rep. Steny Hoyer (D-Md.), the creative community’s agenda. force behind last session’s efforts to now majority leader of the House, and House Leadership. With Nancy Pelosi modernize music copyrights for the Rep. Mary Bono (R-Calif.), a consistent (D-Calif.) as new speaker of the House digital age. Howard Berman (D-Calif.), supporter of music creators’ rights.