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Messages - theresort

Pages: [1]
1
Catch All Discussion Board / Re: Crickets...
« on: August 22, 2017, 08:52:42 AM »
Elvise, you must work for ASCAP....lol just kidding but you seem to be constantly holding the moral high ground for ASCAP. I've been in The Broadcasting Business from the ground up since 1976 both TV and Radio and now Streaming...
to your points:

1. The Data error was a carry over from the previous owner..they did their job and found the error. (which we will benefit from in the future)
2. They addressed the error with all the Entities they have agreements with(thier job) and ASCAP was the only one with a problem.
3. At that point they used the advice of thier Counsel which I'm sure represent far more expertise than any of us have on the subject on the best way to proceed forward(thier job).That plan has been expressed to us repeatedly....again doing what I would expect from them. Thier job.

Based on my 40 years of experience I'm behind the way they are handling it....I think it's a well thought out plan...and I really like how they are looking to decrease the stacked odds against Streamers by Terrestrial Broadcasting influence since the beginning.


Disputes like this go on all the time ...whether it's financial,technical etc...
We hire entities (like Streamlicensing or Eng. firms,  consultants) to handle our affairs in those areas we've chosen them. Then let them do their job.

If you don't like the job they are doing you replace them or do the work yourself.

To The Grand;"We should not have to risk broadcasting without proper licenses." you don't ,pay ASCAP Directly if you feel you aren't covered.
Your fee's are currently being payed...the money is in an account that is solely for that purpose. They can't touch that money .....ASCAP knows that...and the court knows this wasn't an effort at non-payment should it go to court...IMHO

...now I'm going to use this controversy to get some free coverage for a station with the local news... about how they as a business are dealing with it! ..and what the latest promotion is:-)


Happy Broadcasting!





2
Catch All Discussion Board / Re: Crickets...
« on: August 21, 2017, 12:54:22 PM »
I'll Chime in again...Stardome/Streamlicensing is doing their job guys...representing your licensing needs (that includes doing exactly what they are doing right now with their lawyers(on your behalf)... so you don't have to. I've seen very little fluctuation in the amount of stations streaming in the Directory,  which goes to the point that most of us are letting our Licensing Company do their job.  8) Cudo's to the rest of you determined Streaming Broadcasters! Nicely stated Drunken...."While I understand the concerns of people who decided to pay ASCAP, please understand that those of who have decided to wait until the evidence is in are taking a risk on your behalf".

3
Catch All Discussion Board / Re: Licensing not paid?
« on: August 01, 2017, 10:38:07 AM »
Bulls Eye... listen to the last 10 minutes of the conference and listen to fellow Broadasters with real life experience directly talking with the folks at ASCAP. Frankly if I was placing bets on whose not acting in good faith..they have flat out lied to people on the phone?...this whole campaign was designed to intimidate you to either change the rules on which you are currently operating and paying fee's by or quit....

4
Catch All Discussion Board / Re: Licensing not paid?
« on: August 01, 2017, 09:51:08 AM »
Terrestrial Radio aggressively fighting to out advantage everyone else on fee's...what a surprise!

5
Catch All Discussion Board / Re: Licensing not paid?
« on: August 01, 2017, 09:46:50 AM »
You might find this info interesting in light of our own situation....

RMLC And SESAC Claim Victory In Arbitration Ruling
August 1, 2017 at 3:51 AM (PT)


An arbitrator has ruled on the longstanding antitrust litigation instigated by the RMLC against SESAC in 2012. The matter was settled in 2015 on the basis that SESAC would agree to have its license fees determined by binding rate adjudication for the next 20 years. The initial arbitration concluded in MAY of this year. Both sides are claiming a victory.

THE RMLC reacted to the ruling, writing in a press release, "Late last week, THE RADIO MUSIC LICENSE COMMITTEE (RMLC) learned that the RMLC-Represented Stations were awarded a more-than-60% discount off of the SESAC radio station license rate card. The substantial fee reduction applies for the license period JANUARY 1, 2016 through DECEMBER 31, 2018. SESAC had offered stations that chose not to arbitrate only a 5% discount. In contrast, many of the RMLC-Represented Stations that chose to participate in the arbitration, and that overpaid SESAC on an interim basis since 2016, will now receive a combined credit worth tens of millions of dollars. The arbitrators’ decision is a significant favorable step in the right direction for the radio industry, bringing SESAC’s license fees and rate structure more into line with the rate formulas used by ASCAP and BMI."

Asked for comment, the RMLC’s Co-Chairmen, ED CHRISTIAN and JOHN VERSTANDIG, said in a joint statement, “binding rate arbitration for SESAC was a giant first step for the industry. The arbitration decision reported here constitutes a significant correction in the level of SESAC’s fees and many RMLC-represented stations will now experience substantial financial relief in the form of fee credits dating back to the beginning of 2016 (totaling tens of millions of dollars across the industry by our estimates). The RMLC intends to continue to defend and protect the interests of its members at the next arbitration (for the 2019-22 period), which is right around the corner.”

VARIETY reports SESAC is, "touting its success in increasing its rate relative to its market share. Even its fees were lowered, in aggregate, as a result of the proceeding. The arbitration panel awarded SESAC a fee of 0.2557 percent of radio station net advertising revenue. Based on the fact that SESAC had only about a tenth of the market share at the time of the industry’s dominant player, ASCAP, at the time of the computation – about four percent to ASCAPs 45-50%, adjusted for SESAC’s market share, ASCAP’s actual fee of 1.73% would be 0.173% of station net revenue. By that calculation, SESAC is proclaiming an arbitrated rate 'approximately 50% higher' than the radio industry rates commanded by ASCAP. BMI receives roughly the same 1.73% rate, and the two control market share of some 85%."


these arguments go on all the time on all the time.How they are handling this is normal( it is often typical for a disputed amount owed or refunded to be placed in escrow...it shows the court and arbitrator if there is one that the complainant Ie; SL is acting in good faith, not... trying not to pay the bill) and yes probably driven by the attorney's which I might point out we might not have had the benefit of with out the acquisition of SL By Stardome.

6
Catch All Discussion Board / Re: Licensing not paid?
« on: August 01, 2017, 06:33:53 AM »
Thank you SL for letter#2..still looking for the audio from this last conference ... :)


7
Catch All Discussion Board / Re: Licensing not paid?
« on: July 31, 2017, 01:50:11 PM »
Elvise, I believe to  your last point.. why would they?...because at the moment they are pissed...someone found an error in the reporting system,they were overpaid (the current argument)and have been asked to refund the over payment(That in itself is a problem just already on the face of it..think about the money they have to take back from artists or eat because of thier mistake).  As I pointed out they don't want third party's (licensers) for this very reason...this error probably would not have been discovered without a third party and the over payment would have gone unnoticed.....Say that you could no longer use a company like SL...there would be no over site on reporting except for there own ASCAP"S and yours...how convenient....This is a contol issue and this is why it's a battle..for fairness...IMHO

8
Catch All Discussion Board / Re: Licensing not paid?
« on: July 31, 2017, 07:04:25 AM »
One of the aspects of this whole situation that I find disturbing is ..the passive aggressive approach to forcing a split between Hobby Radio and a real effort to run a Broadcasting Business...Live365 if I understand their rules doesn't allow for the streams with their own adverts...(in my mind why in the world would I put all my time and creativity and money into a product so that someone else can profit?)...so your doing it for the Love of it...and being compensated with lower fee's.Why not the previous option Live365 had before they went defunct, where you do both,run theirs and yours....I'll tell you why...they make their money by selling the aggregate total  of audience amongst all the stations... In reality they are profiting from your Intellectual property uniqueness and creativity.  Ie; Your stations take on your music etc...but hey if that's OK with you I'm good with it :-)The reality for the small station..all pain..no gain... they might throw you a few bucks at the end of the year....

So for those Stations that do have advertising, they have a bunch of crappy options...
1.go dark refund money to clients shutdown..exactly what terrestrial radio wants
2.go dark until this situation is resolved...then figure it from there....
3.go with another service until such time this matter is resolved and let them profit from you while your refunding money and probably loosing clients in the process however you will still be on the air...All the above are exactly what terrestrial radio hopes for. They don't want to share Listener-ship, Ad revenue , Power with record companies etc....
4. Keep streaming and Trust the company you hired to resolve situations on your behalf with the PRO's...isn't this exactly why we chose them!...it was in my book...
From the Broadcasting Business side of things we are slowly trying to be forced into a situation where the only option is to deal with PRO's directly(hence today's situation). I Thought SL's conversation with us yesterday was informative, Direct and I thought Mr. Hernandez outlined this Battle for those of us looking at it from a business approach very well...I'm very much looking forward to going back over the taped conference...and getting the additional information that was forthcoming from yesterday's conference call.

Just a last note..I wonder what the Artists under Ascap would feel about ASCAP"S approach if all of a sudden thousands of streaming stations pulled the plug on all the contemporary ASCAP Artists currently on the charts... for a month. All of our performances are being counted and used by record companies to boost sales and increase and influence airplay....it's no longer just terrestrial numbers and hasn't been for some time... "....up 5,000 spins this" etc includes us!...I know a lot of you are reporters that would have an even greater impact on sales.....I know a lot of you took this stand already..and Thank you for that!.....I hope at this point you are already impacting reporting...

9
Catch All Discussion Board / Re: Licensing not paid?
« on: July 29, 2017, 04:04:25 PM »
To our friends at SL ...looking forward to our conference call...and Thank You for watching out for our fee's...I had a feeling when the mp3 tagging issue came up this current situation was perhaps the culprit...I.. like many of you probably had a lot of material that wasn't tagged properly...I fixed most if not all....Now SL has reporting numbers that are far less than what was previously logging because of miss marked files as they have pointed out since their first  email on the matter... in plain English they(SL) have been overpaying. Certainly a reasonable argument ensues on both sides as to how to resolve the discrepancy( our current situation)...for new broadcasters this aggressive approach by ASCAP and other entities is because far to long Intellectual Property and Performing rights have not been enforced properly and yes I'm going to say it...from their side lost revenues for the Artists etc..they are bound to stand up for...But to me ASCAP picking a fight with an organization that already has taken the same stand for their Artisrts... that stands hand in hand with the PRO"s on Principle...and Broadcasters that as far as I'm concerned represent a coalition of people that are above reproach for the fact they took the responsible approach to Broadcasting by actively seeking out a venue to pay their fair share. "So why mess with a group of people that are looking to promote your artist(which means more money for you and your artists)... voluntarily pay the appropriate fee's and in some cases actually impact sales on a National level. Boggles the mind...I'm sure many of you are reporters in your Genre's?
What the Lawyers Have told our friends at SL Sunday should be interesting and the more of us calling in the better.
I like many of you got pissed when the previous version of Live365 went under, what a headache rebuilding....we adjusted...this to may require another adjustment in approach..I mean who knew this would happen?...something to think about as we approach licensing for our Stations in the future...Remember the "AM or FM" Battle....well  now it's the "FM versus Streaming Batlle".....terrestrial radio has a target on your back.. because... Streamers area threat to the way they pay Royalties...their Ad sales revenues..and even connecting better with their audiences....The Part of me that has me miffed is the lost productive time that could have been better spent on music research, production,imaging, copywriting for a compelling Station to listen too...instead of this.... I yeah I forgot I'm Owner,GM,GSM ENG.PD,MD,Talent,Creative Services Director,Webmaster,SEO and probably janitor :-)

look forward to hearing all writing on this post tomorrow at 3pm!

10
Commonly Asked Questions / Re: Album cover change on player
« on: January 25, 2017, 12:34:12 PM »
Yes and it is not consistent nor exclusive to any particular browser on my end.... did you notice the changes on the launch page?

11
Jingles - Voice Overs - Liners / Complete Station Design
« on: January 25, 2017, 11:26:10 AM »
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https://www.linkedin.com/in/davidlabontegoprovo
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http://voice123.com/davidlabonte

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