PGHIMC - Pittsburgh Independent Media Center

The Station Where the Money Matters. Bribery, Extortion, and Exploitation In Public Radio
by Chris Holm Sunday, May. 18, 2003 at 11:41 PM
chris@indypgh.org 412-821-2637 307 lincoln ave #3 Pgh 15209

Exposing unethical business practices and unaccountabilty in Public Radio

The Station Where the Money Matters. Bribery, Extortion, and Artist Exploitation Make Their Way Into Public Radio.

In the wake of Media protests and accusations of corporate media and it’s bias in reporting and programming, many people are begining to question what they see and hear like never before. Many people are seeking alternatives to national consolidated media and are calling for more independent media and community centered programming. Most of the major national news agencies have been protested as of recently.


But, is local, community based media that different? Does it compromise truth and quality due to funding needs and business ties? Maybe it’s better to not run a story than to alienate yourself from the community, or to avoid skirmishes within the community.

This article is part of an ongoing series about community press and broadcasting, and it’s ties to the corporate world. It will address the complexities and compromises that they make in the name of self-survival, monetary success and keeping good business relations within the community.

Many local media institutions are non-profit, or are not backed by big business dollars, so one would think the theory is that they are free from corporate pressure to influence content. But it may just be those funding needs that cause compromise by turning to corporate entities and questionable practices to raise revenue. Many community based media groups (radio, press) start out quite idealistically, and like any business don’t require massive revenue at the onset. Grants, donations, and close to 100% volunteer efforts start the wheels in motion with very little start up capital. Started by young idealist folks that share living space, and have the overall physical health to forgo things the older generation considers a requirement such as a diet consisting of more than rice, beans, potatoes, and Ramen, and health insurance. But as these 20 some things reach their 30’s or 40’s, are they prepared to sacrifice living space, 401K plans, maybe a family, a minivan, health insurance for wife and kids, money to set aside for several college educations?

Maybe one tires of providing content for a niche audience. There’s no “upwardly mobile” in true non-mainstream content providing, just an eternal flat line of quality and a life in the shadows, which for an eternal idealist would be rewarding. One who has seen the ills and constant ethical compromise of a mainstream career may gladly choose a lower paying, dimmer limelight career in alternative media.

In my interview with George Graham, one of the original founders of WVIA-FM , a station in Carbondale, PA, which has remained fundamentally unchanged in it’s programming quality, he stated the following:
How much freedom and autonomy do you have in your current positions?
Graham: A remarkable degree. Of course, public radio affords some of that, and it also helps the I was a founder of the station. I can basically initiate and execute any project I feel would be good for the station and the audience, within the general parameters of the station's programming.
How does this compare to other Public and Commercial Institutions?
Graham: It is probably a greater degree of freedom than many other Public Radio stations, and a much greater level than any commerical operation.
How familiar are you with commercial broadcasting? What are your opinions on the pros and cons of such a career.
Graham: I worked in commercial radio part time while in college, and have a number of friends in commercial radio. While commercial radio can be rewarding (especially financially, compared to Public Radio), in recent years, with the relaxing of ownership restrictions, there are a lot fewer opportunities for growth. With fewer larger companies owning more and more radio stations, and many of them being programmed centrally or by way of computer distribution of music and voice tracks, there are a lot fewer on-air positions, and many fewer positions for programmers. The days of a radio host programming the music on his or her show on a group-owned commercial radio station are virtually gone.


But, is 20 years of low recognition, low pay, quality content providing easily taken for granted? Does the promise of all expense paid travel to South by South West, and free Bruce Springsteen tickets lure one out of the shadows into being a team player for the mainstream?

Once one takes the step up this rung, a new game of compromise and cooperation can begin. To gain a more prominent position in one’s community, an institution may have to collaborate with other institutions. Will a community news publication that advertises on a community radio station run an expose’ on the station if wrong doing is discovered? The financial ties are an interwoven web within even community entities. Local clubs advertise in local papers, and on local community radio. Non-profit music societies rely on radio and media promotion for exposure, as do arts festivals and the like. Local musicians rely on publications for music reviews and community radio for exposure.

In the need for self survival, these entities can easily turn from focusing on the positive, merit centered programming to negative non-alienating, softer, moderate, non-offensive lowest common denominator programming, or as some call it “Fluff”

But, would anyone speak out if one breaks ranks from a community based center to a more corporate influenced one. If you’re getting promoted or sponsored by corporate influenced dollars does it matter where the exposure comes from? Does this gradually lower standards and open doors to a fully controlled community media by corporate influence, or just interwoven collaborations and compromises between community and big business?

Political beliefs and Artistic/Musical preferences. Social statement and Trend, or Truth and Critical Intellectual Merit?

Many people use political affiliation, musical genre, and even where they get their news source to identify themselves with a certain group or affiliation. Many base these decisions more on their social stance than on actual truth or quality.

Would people who turn to media to tell them what is “in” even notice if their programming that they thought was based on the best possible choices as far as merit, were substituted by corporate agendas? Many people don’t have the time to dig for new music at their record stores or online, or read the New York Times, The Guardian, and The Washington Post every day for their news, so they rely on that one or two trustworthy sources to bring them the best quality of content, but what if those sources gradually started replacing quality for financial gain or political pressure.

Just today I saw a bus billboard that said “the whole news” with a picture of a cow, and “the news you need” and a picture of a steak. Not only is this news agency M.O. for many institutions, but is also an lure for advertising which implies, we’ll condense the news you need, and package it in a neat little entity.

Social, political, and musical movements often move in congruity. When one thinks of the late sixties, early 70’s, and the hippie movement, images of Woodstock and the Monterey Festivals often come to mind as much as the Vietnam War. The Punk movement spawned a renewed publicity of Anarchism and aimed its sites against the nuclear threat and the cold war. Alternative, although a less political movement, took stabs at the WTO and World bank with several of it’s artists, and it’s name in the beginning, meant an alternative to corporate programming and listening to “Sweet Home Alabama” for the millionth time.

Yet all these movements were capitalized on by the music industry eventually. Pete Townshend thought The Who would last maybe 6 months until signed by major labels, when he proclaimed “Maybe I can do this a bit longer”.

In the past, corporations moved in on these movements and exploited them, and bought many of their artists. But is it possible for corporations to actually stage a movement when one doesn’t exist, due to plummeting record sales?

David Dye of World Café’s website has proclaimed this the era of the singer songwriter. Yet many wonder how trends and “era”s actually begin when such a movement didn’t happen in their hometown. Maybe it happened in California, or New York, and we’re just getting wind of it now. But, who started the movement? Was Grammy Award winning singer songwriter Nora Jones popularized by massive political dissidents raging against corporatization, or the impending war, or was the movement by a bunch of yuppies, or was it actually orchestrated institutionally by the oligopolies that control the music industry?

Payola

Payola is the exchange of money or gifts (concert tickets, guest list admission, CDs, Airline tickets,
etc.) for airplay. Putting an artist in front not because of merit, rather because of dollars paid them
to put them there. Put simply, bribery.

On September 13, 1960 the FCC banned payola.

In the fifties, record companies participated in a business technique known as payola. It was simply paying DJ’s to play there records. With enough money a record could get on the air regardless of it’s quality, and inversely, higher quality music was sometimes excluded if it in turn wasn’t paid for. This practice is tantamount to the government imposing a $100,000 fee to obtain a business license, or the Olympic contestants being accepted based on a financial bidding system of whomever pays the most gets to compete. This would not only be unfair to the best in their class sportsman who can’t afford to pay such a fee, but to the audience as well, who don’t get to see the best sportsmen compete. Lastly, the country suffers if the other countries offer their best regardless of wealth.

This last analogy is quite pertinent to the current state of the music industry and the music you hear from your local community stations all the way up to your corporate giants. First, a free market capitalist system is no longer capitalist if the rags to riches door that was available up until now becomes closed. If only those who have already achieved success can have continued success, and they in turn have climbed the latter, and have kicked it over, prohibiting others, then we no longer live in a capitalist free market economy. Secondly, if merit and talent come second to financial palm greasing and buying your way to the top, the quality of our society and lives suffer. This country was made great by innovative thought and free enterprise. The Wright brothers, Edison, Ford, all built a better mouse trap, and our GNP reaped the successes of great men, great ideas, and free enterprise. The airplane cut into profits of the train industry. When was the last time you took a train anywhere as apposed to the amount of times you’ve flown? The train industry was a massive financial institution, and if they were allowed to prohibit the airplane industry from competing in the free enterprise system, situations like this would have hindered our country as a whole as apposed to progressing it. Likewise, putting our best, most innovative artists on the bench so artists who will take less money, or compromise their art also creates mediocrity in our system. It benefits a small few, but our society as a whole suffers.

The Feingold Introduced "Competition in Radio and Concert Industries Act"
Section 7: Modification of regulations on announcement of payment for radio broadcast
This section closes a loophole in the FCC regulations covering "Payola" – pay for play – to ensure that radio station broadcasts are not improperly influenced by the payment, whether directly or indirectly, to the licensee of any radio station unless an appropriate sponsorship identification announcement is made.
http://feingold.senate.gov/releases/02/06/062702medcon.
"It really does affect the quality of what you hear on the radio. It's very disturbing for me, and not just for entertainment but even for democracy."
Sen. Russ Feingold, D-Wis
http://www.salon.com/ent/feature/2002/06/25/pfp_congress/
Although there are rumors and allegations of actual 50’s style payola going on under the table, the most distressing is the practice of indie-promotion, that relates to the Feingold "Competition in Radio and Concert Industries Act" payola law loophole. Some clever individuals figured out that only direct payment of funds to DJ’s was banned by the September 13, 1960 the FCC ban on payola. Using a middleman is technically not under the blanket of the law. Although murder is illegal as is paying a second party to murder in one’s behalf, apparently record companies can now use an indie-promoters, known by some as “bag men (women)” for the record labels to accomplish the same ends. Record companies pay these promoters who in turn compensate radio stations for playing the songs they’re pushing on the stations as apposed to actually playing music based on merit, or what the station’s audience wants to hear. Feingold has introduced this bill in order to stop such a practice.
Why would such a bill be necessary? Because it’s a rampant practice. It is apparently legal in regards to the loophole they have found, yet the ends are the same.
I must include that although Clear Channel has openly admitted to hiring indie-promoters in the past, recent news states that…
“In a surprise break with what has become the industry norm, radio giant Clear Channel Communications announced Wednesday that it'll stop using independent music promoters to avoid the appearance of "pay for play."
http://www.mtv.com/news/articles/1471156/20030409/index.jhtml
Aside from the mainstream massive corporations, are the smaller independent stations that have always been an alternative to commercial programming. Since they operate under non-profit status, and are commercial free and have been supported by listener sponsorship, it has always been assumed by many to be a sanctuary from previously stated commercial policies. Since listener sponsorship has been a major source of financing, they were able to program their musical selections based on a more niche programming as apposed to mass appeal. These stations mainly consist of Public and college stations.
Is their programming based on a different structure?
Maybe in genre or as far as less popular time slots go (evenings, weekends, late night), but the overall M.O?
The indie-promotion system now extends beyond the commercial system. It is uncommon for many cities to have a Public station that has a predominately contemporary rock or progressive programming. Yet at least one public station has declared using an indie-promoter.
“But there's a station in Akron that just last week the program director sent out an e-mail saying that he was now being repped exclusively by an indie. These program directors are just deluged with calls from indies and record companies. He didn't have time for all the calls. He said I'm just going to work with one indie. I don't have - know any evidence that the station is getting one of these, you know, 6-figure payments, but people in the industry saw it as sort of the first sign that this is not impossible in this format.”
ERIC BOEHLERT Salon.com
http://www.wnyc.org/onthemedia/transcripts_050402_payola.html
AAA stands for Adult Album Alternative. It generally has represented artists such as The Pretenders, The Clash, The Talking Heads, and The Police of the seventies, The Cure, R.E.M., U2, Richard Thompson, Peter Gabriel, and The Smiths of the 80’s through today, and Tori Amos, Sarah McLaughlan, and Phish of the 90’s and today. It will generally play more artistic rockers of the sixties and seventies such as David Bowie, Van Morrison and Jimi Hendrix, but excludes much of the sap of BTO, and Boston type over-produced classic rock.
Here in Pittsburgh, we have one such station, although many cities are deprived of such programming. Our station is WYEP.
As mentioned earlier, indie-promotion has not stopped with commercial stations. The AAA format has been claimed by the self-proclaimed “Queen of A3” herself, Michele Clark.
According to the Tuesday, May 29, 2001, article by the L.A. Times:
“Logs Link Payments With Radio Airplay Music: Independent promoters' lists show the date a station airs a song and the amount paid by the artist's record label.”
“For 40 years, federal law has prohibited broadcasters
from accepting money or anything of value in exchange
for playing songs on the radio without disclosing the
practice to listeners. But internal documents obtained
by the Los Angeles Times indicate that several
independent promoters keep detailed logs--called
"banks"--listing the date a station airs a song
followed by a dollar amount collected from the
artist's label. The stations that add the most songs
over the course of a year build the biggest banks and
consequently earn the largest fees.”
“Promoter's Music 'Bank'
The accounting log, or "bank," of Michele Clark
Promotion shows record label payments to her for
artists' songs played on the radio and payments she
made for station promotions and expenses.”
“All radio stations need to do in exchange for an
annual fee is give promoters advance notice of which
songs they plan to add to their weekly playlist.”
http://musicianreferral.com/Payola.html

Michele Clark has brought indie-promotion to AAA radio. The only eyebrow raising problem is that 5 of the AAA format stations listed on her web-page are NPR member, public, 501C3, non-profit tax-exempt stations including WYEP. WXPN, WDET, WFPK, and WFUV.

http://www.micheleclarkpromotion.com/slinky.html (click on stations)

Many assume that NPR radio stations like PBS television is an alternative to commercial programming, yet now one can here John Mellencamp, John Mayer, and numerous artists that one would find at one’s local Target record section on the end cap. If PBS was airing Seinfeld or Simpsons reruns to boost ratings, this would make headlines, yet no one bats an eye at NPR going mainstream.

When I first heard the shift in programming, I contacted my local station as a paying member and volunteer and was told that WYEP doesn’t follow consolidated play lists, all the wile, hearing the same artists played over the local grocery store’s muzak, as well as local hardware, fast food and clothing stores. I even heard the exact same song on WYEP in the car as I went in to a Subway restaurant and heard it simultaneously over their Muzak system. I then took one week off and listened to 2 hours of digital cable’s adult alternative station and didn’t hear a single song that was different from the other’s. After much investigation I found the link between the station and Michele Clark. My findings show that as of May 15th 2003, WYEP Pittsburgh's "song's in rotation" list was 37 out of 59 Michele Clark indie-promoted. Further, few artists get played twice a day, and a study I did from Jan. 6 03 - Feb. 06 03 revealed that approximately 88% of the artists that received 2 or more plays to be Michele Clark promoted. You may feel free to do your own tallying by going to:

http://www.micheleclarkpromotion.com/aaatrackspage.html

This is the list of her songs she’s selling to radio stations, and you can keep track by cross-referencing with WYEP’s “songs in rotation” page:

http://www.wyep.org/wyep/music_programs/inrotation.asp

Michele’s page updates faster than WYEP’s so to get a good idea, you have to check them for at least 2-3 months.

In a clarification article of Eric Boehlert’s article:

Clarification: On May 1, 2002, Salon published an article, "Public Radio's private seduction," that included a rhetorical quote about the ownership and operation of WFPK. As a matter of literal fact Michele Clark neither owns nor operates WFPK. At WFPK's invitation, we compared WFPK's playlist as reported on its Web site on May 16, 2002, and Michele Clark Promotion's client list as reported on its Web site on May 16, 2002. The comparison showed that 10 of the 26 albums listed as WFPK's "Chart Toppin' Hits," 1 of 6 albums listed as "New This Week" and 8 of 27 listed as "Radio Louisville Regulars" were albums by Clark clients.

[Clarification made 5/22/02]

My calculations (April 14th 03) show 28 out of 54 of WFPK’s rotation has been promoted by Michele Clark. If you plan to do your own investigation, beware of damage control. This system is not something that the labels, stations or promoters want you to know about. You may notice a drop in indie-promotion programming for a time, but gradually notice it coming back when the coast is clear, so to speak.

(Artists promoted by Clark not listed on WFPK’s website: Kathleen Edwards, David Gray, Joe Jackson, Patty Larkin, Johnny Marr & the Healers, Tim Easton, and Sonny Landreth .)

David Dye, host of WXPN’s World Café’s playlists page showed 1/3 of the artists as being Michele Clark’s as of the time I did the investigation of this piece on February 21 2003. The following link proudly shows David and staff posing with Clark.

http://www.micheleclarkpromotion.com/gallery/classic/pages/27.htm

The Robin Hood Effect

Many would argue that banal mediocre mainstream swill used to subsidize other music such as the weekend and late night programming at WYEP, like blues, blue grass, Thistle and Shamrock, Soul, Texas Swing and Roots and Rhythm, after midnight freeform would justify taking funds from ethically questionable sources, and generally drawing a more mainstream audience but is that the whole story?

I was a scholarship recipient for the 03 Future of Music Summit. There I learned that not only was Michele responsible for financially luring non-profits into playing watered down pop mainstream, but that extortion was also involved.

Independent labels that don’t pay her exorbitant fee’s are refused airplay because she not only rewards stations for airplay (legalized payola), but prohibits labels from participating in the free enterprise system we have here in America by acting as a gateway to these stations. You don’t pay, your artists don’t go on the air.

Many people don’t have the time to go online, or aren’t connected with individuals that are in the know on new music and have relied on Public stations to provide them with an alternative to commercial programming, yet that makes it that much more easier to slip in commercial songs to an unsuspecting audience. Who would notice? More mainstream programming would push away the more discriminating listeners, but for everyone lost, there are probably two new members that enjoy the pop schlock.

Well, SpinArt is one of those labels that is not paying Michele’s fees. The curious facts that support this story are one:

Camper Van Beethoven’s (SpinArt) Pittsburgh appearance was actually supported by WYEP with announcements, yet their new material was not aired. I think this is the first time in history that a band’s tour was promoted, yet their single was not.

Hank Dogs’ Hannibal 1998 CD Bareback has been played several times this year. Yet Half Smile, off SpinArt last year, has never aired.

Richard Thompson, a staple of WYEP and AAA radio in general, has now moved to SpinArt. As of April 13th, no mention of his May 6th CD release of “Old Kit Bag” has appeared in the “ New Releases” http://www.wyep.org/wyep/music_programs/newreleases.asp page, nor has a pre-release of the singles. Although he normally plays to standing room only crowds in Pittsburgh, his tour shows no Pittsburgh shows currently. Could this be due to lack of radio support? WXPN and other public stations are playing his CD, so it is available to be aired and is currently released. Curiously one day after WYEP was contacted for an interview on these matters, Thompson’s “I’ll Tag Along Appeared on their station, yet too late to bring Thompson here to Pittsburgh for a tour appearance.

Speaking of stealing from the rich and giving to the poor….

WYEP also promotes Clear Channel Entertainment. Although Clear Channel is well known for devouring the idea of community media, a station that rhetorically supports community broadcasting also promotes an entity known to be detrimental to community.

According to indymedia.org, “ClearChannel Communications, which owns over 1200 radio stations in the US, has sponsored pro-war rallies in Atlanta, Cleveland, San Antonio, Cincinnati and other cities.”

http://www.indymedia.org/front.php3?article_id=302422&group=webcast

Even though Radio Giant, Clear Channel Entertainment has claimed to have haulted the use of indie-promoters due to the appearance of inpropriety, among it’s other accolades are that it is the largest operator of radio stations in the United States with more than 1200 stations. Clear Channel and Viacom, competeing radio owner, control 42 percent of listeners and 45 percent of industry revenues. 20% of all radio advertising dollars are spent on Clear Channel. In Pittsburgh, it owns WXDX-FM, WWSW-FM, WKST-FM, WJJJ-FM, WDVE-FM, and WBGG-AM.

Clear Channel began it’s upward climb from 30 stations to it’s now over 1200 tally after the Republicans pushed for the 1996 deregulation law that allowed companies to buy up hundreds of radio stations. Republicans get tens of thousands of dollars in Clear Channel contributions.


It also has more than 250 radio stations in Mexico, Australia, New Zealand and Europe. Clear Channel Outdoor operates businesses in 65 countries across Europe, Asia Pacific, Africa, Mexico and South America.

Nationwide, three companies, Lamar, Clear Channel, and Viacom dominate outdoor billboard advertising as well.

Clear Channel owns 36 television stations affiliated with the ABC, CBS, FOX, NBC, UPN, and WB networks.

It's also the nation's largest concert promoter.

It has been a target at a congressional hearing on claims that the company bullies artists, replaces local programming with automated formats and uses hard-nosed tactics against competitors.

It has been accused that it pressures artists to use its concert-promotion services or play at its concert venues.

Don Henley has testified that his manager represented an artist whose song was boycotted on Clear Channel stations after the artist refused to perform free at a promotional concert.

Rep. Howard Berman (D-Mission Hills) criticized the Bush administration, which he said has ignored his repeated calls for a Justice Department probe into whether Clear Channel has violated antitrust laws.

In June, Senator Feingold proposed a bill that would limit the growth of radio companies and stop the alleged practice of payola in which radio station owners use their power to push around record companies that want their songs played on the air.

In San Diego, for example, Clear Channel has been able to gain control of 14 stations, six over the federal limit by slipping through legal loopholes. Eventhough it faces antitrust lawsuits elsewhere, nobody has sued in San Diego.

In very relevant current events, liberals are concerned that the media has become a spokesman for the conservatives, the current administration, and have been pro-war biased. Clear Channel radio stations have actually sponsored pro-war rallies, promting the following statement by former FCC Commisioner.

"I think this is pretty extraordinary," said former Federal Communications Commissioner Glen Robinson, who teaches law at the University of Virginia. "I can't say that this violates any of a broadcaster's obligations, but it sounds like borderline manufacturing of the news."
March 19, 2003 by the Chicago Tribune

http://www.indymedia.org/front.php3?article_id=302422&group=webcast

“The Klan argued that KWMU's enhanced underwriting program was a straightforward revenue-generating operation "administered by sales people with business concerns, not journalists with editorial concerns." The station was a public institution, supported by taxpayers, that sold advertising space, and the Klan meant to purchase some of it. The Klan drew a parallel between its suit and the successful suit filed by Planned Parenthood against the Chicago Transit Authority in the mid-80s when the CTA, touchy about abortion, refused to sell Planned Parenthood ad space in its trains and buses.

Three years went by before KWMU prevailed in the court of appeals. The court brushed aside the CTA precedent, reasoning that an underwriting announcement wasn't the same as an advertisement (for all the attempts of some stations and underwriters to blur the difference), and that advertising was "incidental" to the CTA's primary function of providing transportation, while announcements of funding sources relate "to the journalistic purposes of the station."

Among the countless differences between the Ku Klux Klan and the American Friends Service Committee, the most significant here is that the Klan wanted to tap into an unfamiliar and unlikely audience while the Friends asked public radio to help it reach kindred spirits. "It's not like we have a Pacifica Radio or something," says the Reverend Dan Dale, director of Agape House at the University of Illinois at Chicago and a planner of the Friends' peace forum. "In terms of the Chicago area, this is the only station for progressive folks in town, and if they start saying we can't use the word 'peace' -- and we're not talking about editorial policy, we're talking about a paid ad -- it's very worrisome." He doesn't want WBEZ to become just another "corporate mouthpiece."

http://www.reclaimthemedia.org/stories.php?story=02/10/31/8125931

According to the preceeding story, there is some refusal by some NPR stations of money for on air promotion, namely the KKK, yet Clear Channel’s money, although being the antithesis of community programming is O.K. This denotes that promotion is based more on self image than on actual ethical business practice. The Klan participates in unethical practices that are detrimental to individuals as does Clear Channel, yet Clear Channel is allowed to better it’s image through a non-profit and it doesn’t stop there. Ground Zero a local community organization here in Pittsburgh has also begun promoting “Clear Channel Cares” through an auction listed on their recent newsletter.

It’s not just WYEP. WXPN in Philly doesn’t apparently have the restriction in the form of extortion because David Dye, World Cafés host, has played Eyes Adrift and had The Hank Dogs ( both SpinArt) on the show, and even had Hank Dogs in for an interview. He currently is playing Richard Thompson’s new release “I’ll Tag Along” Disturbing recent facts are that although WXPN is a public radio station, it links to (God forbid) Fox News for news.

Artists That Succeed or Fail

Another ironic dichotomy exists as well within this system. Very young unheard of artists are getting airplay. This system also preys on them and their eagerness to be “a star” and their naivete. The fees that are used to compensate the stations come from where? You guessed it, the artists. At the end of the year all earnings are tallied, and then the amount spent on indie-promotions is deducted from their pay. Not only does this create a music community consisting of music not based on merit, rather on who will work for the least amount of money, but established artists that paid their dues and ate beans and rice for a decade when they first started out, are now forced back to a college lifestyle to afford to make airplay and tour. Newer artists they get airplay based on promotion as apposed to actual listener response don’t really get to feel like they earned their audiences or their credit, like having your parents pay their friends to come to your birthday party.

The Singer Songwriter Era

It may very well be a true listener demanded trend, but it’s also good record industry business. Since the indie-promotion system taxes the musicians financially like never before, those who will work for the least amount of money get promoted, and the record companies, now forced to chip in to a $100,000,000 indie-promotion business, like any other business need to cut purchasing costs. A singer/songwriter can tour in a car with an acoustic guitar in the back seat. Fewer artists need to be paid in performance both on stage and in the studio. They can exist in an apartment as apposed to having to rent rehearsal space to avoid having your neighbors call the police every time you practice with drums and 100 watt guitar and bass amps, and vocal pa’s. Traveling expenses are reduced to one hotel room, one person per meal, and show payments don’t need to be split amongst 3-10 band members, and smaller clubs and café’s can accommodate any singer songwriter with an acoustic guitar, but not all bands. It’s easy math. Most venues don’t pay per band member, as they do in Europe. So it’s much easier for singer songwriters to exist in this cut throat business.

Musicians Outside the Fortune and Fame Bubble

Aside from the fact that the quality of music we hear is lost, the treatment of the musicians often goes overlooked. There’s not a lot of sympathy for musicians regardless of their plight. Aside from the huge mega-stars who people tremble before when meeting one in public, lie the majority of musicians and artists, the 99% of the industry that makes very little money however. These are the dirty little people that you wouldn’t let your daughter date, but are no different from what your average Beatle looked liked pre-success. They give up school, jobs, marriage, and children to pursue their dreams. Where many college degrees provide you with a better opportunity for a job, the majority of original contemporary artists didn’t get their positions through obtaining a masters degree in music performance/composition. They did their best, crossed their fingers, lived in poverty, and worked several jobs to pursue their goals, only for a majority, to end up in the 30’s or 40’s with no means of supporting themselves. Many put stock in their abilities, yet now abilities are secondary to style and industry promotion to the largest possible audience. To give an analogy, there are more McDonalds than French Restaurants in the U.S. and the musical equivalent of the Filet O’ Fish will be signed over the Musical equivalent of the Filet Mignon. Even well paid artists deserve higher pay as do professional sports people. A football player may only have a 5 –15 year career. Then comes massive medical bills from being beat up for a decade, and that money earned in 5-15 years has to span a lifetime. Musicians need to make up for decades of poverty as well, and rockers don’t usually fair well into their sixties aside from Dick Dale.

There’s plenty of money in music, yet a class system of extreme poverty and extreme wealth, with very little middle class.

“Compare yourself to actors and baseball players. Like
the music business, the film and the sports industries
generate billions of dollars in income each year, but
those industries offer far better benefits to the men
and women who create their wealth.
The Screen Actors Guild offers a fantastic health care
plan to its members. That health plan is paid for by
the contracts that SAG has negotiated with film
studios. The baseball player's union has negotiated a
pension plan that ensures that NO major league player
ever finds himself without an income.
Why shouldn't recording artists get the same benefits?
And remember something equally important: Actors had
to fight to end the studio system that forced actors
to work for one employer and baseball players had to
strike to end the reserve clause that tied a player to
one team for his entire career. Even though "experts"
predicted economic disaster once actors and athletes
gained their freedom, both the film business and
baseball have enjoyed their greatest financial success
once their talent was given its freedom.
Join us now in taking a public stand. Your name will
help get the attention that artists rights deserve. If
you're willing to speak to the media or testify before
Congress, you can help make our goals a reality.”

Courtney Love
http://musicianreferral.com/Love%202.html


The Department of Labor’s Occupational Outlook Handbook regarding musicians states:

“Part-time schedules and intermittent unemployment are common; many musicians supplement their income with earnings from other sources. Competition for jobs is keen; those who can play several instruments and types of music should enjoy the best job prospects. Musicians typically perform at night and on weekends. They spend much of their remaining time practicing or in rehearsal. Because many musicians find only part-time or intermittent work, experiencing unemployment between engagements, they often supplement their income with other types of jobs. The stress of constantly looking for work leads many musicians to accept permanent, full-time jobs in other occupations, while working only part time as musicians.”

http://www.bls.gov/oco/ocos095.htm

Although the music industry is a multi-billion dollar industry, and most people listen to music every day as apposed to going to the doctor, or hiring a lawyer, musicians compensation is so poor that they are a major demographic to exist without even health insurance.

Musicians face obstacles from all sides including nepotism, not knowing someone on the inside, and not having enough beer buddies to fill their local clubs to justify a 2nd show.

Now the indie-promotion system challenges musician’s ethics and offers them a career in exchange for selling out, and the self payment of buying your way on to radio. Making it a prerequisite for a career even in non-top 40 environments.


WYEP

If the nearly two thirds of WYEP’s rotation being indie-promoted, and that SpinArt is forbidden by this system being the reason Richard Thompson for the first time in maybe a decade almost didn’t appear on their set list, means they have engaged in such a contract, than their mission statement objectives that read, “WYEP, Pittsburgh is an independent and innovative, listener-supported public media organization. We give voice to quality music and provocative ideas, fostering an increasingly more vibrant, artistic, diverse and caring community.” is deceptive almost across the board.

Independent: would be misleading as far as being tied to the record companies via indie-promoters, and not being able to program independently.

Quality music: although subjective, would be based on quality and merit not on compensation.

Diverse: wouldn’t apply to consolidated play lists found everywhere from one’s local grocery to hardware stores, or virtually all the other AAA stations.

Caring Community: lying to and refusing vital programming information to determine sponsorship to paying members is a direct violation to caring and accountability.

Another interesting development is the subjective commentary one hears on WYEP. This album is fantastic, this artist always plays a great show, this is one of the best musicians in their class, type commentary. It sounds more like sales than programming. It assumes that one can not listen and decide for oneself if what they are listening to is good, but rather tells them in advance if it is or not. Which would support a more corporate influenced play list, other than programming that is designed to meet the needs and wants of their audience.

The Pacifica Story

A story that fell between the cracks due to it coinciding with 911 was the Pacifica Radio Scandal.

Pacifica’s administrative staff tried to move the station away from it’s mission statement, yet unlike others, was met with opposition from staff and listeners.

One letter written by Dr. Bonpane, the founder of Office of the Americas, a Los Angeles-based organization that has engaged in solidarity work with liberation movements in the Americas. He had been a regular programmer on KPFK, hosting "Focus on the Americas" for many years twice a month on KPFK. His program was eliminated in 1995, and he was offered a 15 minute weekly commentary slot on the KPFK news. He resigned in protest as a result of censorship of his words by "Program Director" Kathy Lo. The letter below is in response to a letter sent out by another now ex-programmer, Gil Contreras.

Hello Gil,
I have been on strike against KPFK for over a year as a result of unnecessary and arbitrary "orders" from the program director and apparent support for her from the Station Manager.
I continue this strike to make it clear that qualified professionals are not going to take a position of compliant mediocrity by accepting the power trips of individuals who have ignored the MISSION STATEMENT OF PACIFICA and are hard at work trying to create a second class NPR.
I have contributed hundreds of thousands of dollars of my time to KPFK since 1969. My commentaries are in the hands of a competent publisher. My current commentaries are being published by a national magazine.
I am extremely disturbed by the lack of cooperation given to volunteers at KPFK. Apparently the station evaluates us on a strictly dollar basis, which is to say worthless.
Personally, I don't intend to stand by and watch a great institution become sterilized. In case management is unaware, KPFK is supposed to air material that would not be heard on commercial media. As it is, the majority of KPFK's material could be aired on any commercial station.
KPFK could have many more members if it just read the National Inquirer on the air. Wouldn't that be a great idea?
When is your press conference?

Blase Bonpane, Ph.D.
Director, Office of the Americas
http://www.OfficeOfTheAmericas.org
(letter and information provided by http://www.radio4all.org http://www.radio4all.org/fp/bonpane.htm)
The programming was effected in many ways. Gag orders prohibiting news stories that were “unbalanced”
"I was also told by the executive director to tone down the news coverage. CPB wanted me to tone down the news coverage, to be more "balanced" as they put it. Especially this was at the time of the war against Yugoslavia, and they didn't want to hear, as the present management of Pacifica used to tell me, "about 'our boys' dropping bombs and killing babies in Iraq. We don't want to hear about that on our airwaves. We don't want to hear about the police brutality."
- Former Pacifica News Director Dan Coughlin speaking in Berkeley, CA 3/25/01
http://www.radio4all.org/freepacifica/spin/0325coughlin.html

As stated earlier, the listeners staged protests and a boycott of the station, and made the following demands:
The Listener-Sponsored 15 Demands To Free Pacifica Foundation
IN DEFENSE OF FREE SPEECH RADIO:
1) WE DEMAND the abolition of the "Gag Rule."
We demand the abolition of the "dirty laundry" or gag rule and the initiation of a process of unscreened and uncensored discussion regarding these demands concerning Pacifica on the Pacifica airwaves and through other appropriate means that may be at Pacifica's disposal or under its control, including access to all past and present lists of Pacifica subscribers..
2) WE DEMAND the rehiring of any Pacifica staff person fired for violating the "Gag Rule."
We demand the re-employment of any staff members fired for violating the gag rule and the replacement of any program removed from the air for violation of that rule. We demand the re-employment of any staff removed by Pacifica in retaliation for their opposition to the Pacifica policies under discussion in these demands. We demand that layoffs resulting from anticipated revenue shortfalls due to this strike begin in and remain concentrated among staff at Pacifica's National Offices.
3) WE DEMAND an end to political censorship.
TO NOURISH DIVERSITY &
PROMOTE THE CULTURAL WELFARE OF COMMUNITY RADIO
4) WE DEMAND the end of racist and sexist programming policies.
We demand an end to racist and sexist programming policies. We demand the cessation of attacks on and an end to the removal of programs devoted to Women, the Black and Latino communities and many other minority groups and a reversal of the wholesale removal of programs that Pacifica initiated against almost all programs with radical leftist content.
TO RETURN TO GRASSROOTS RADIO :
5) WE DEMAND that Pacifica's so-called "Five Year Strategic Plan" be rescinded.
6) WE DEMAND the firing of all outside programming consultants and ratings analysts, along with the termination of Pacifica's contracts with the Arbitron ratings service.
TO SUPPORT THE RIGHTS OF WORKERS:
7)WE DEMAND the immediate cessation of all union busting activities and the withdrawal of all legal action against unions associated with Pacifica.
8) WE DEMAND the re-unionization of all Pacifica stations on the basis of new contracts that include non-paid staff in the bargaining process.
TO BE AS SELF-SUSTAINING AS POSSIBLE:
9) WE DEMAND the cessation of all CPB funding at Pacifica.
This funding source threatens to compromise Pacifica's integrity in a way the founders believed they had made impossible. The CPB interference in Pacifica's internal affairs is no different than that of any other corporate or governmental sponsor, and accepting such funds violates the fundamental premises of the foundation.
10) WE DEMAND that Pacifica refuse grants from all foundations and other corporate entities and that it place complete reliance on its listener sponsors as the only safeguard of the foundation's integrity.
11) WE DEMAND that no Pacifica station shall be sold and that all plans for the sale of WBAI and /or KPFA and other stations be immediately abandoned.
12) WE DEMAND roll back of National Office management positions and of the National Office's level of centralized control to 1977 levels (as outlined in the Bensky proposal); the return of decision making power to local stations; and the sharp curtailment of the power of the executive director.
TO ESTABLISH DEMOCRATIC GOVERNANCE & CONFLICT RESOLUTION:
13) WE DEMAND the dissolution of all 5 Local Area Boards and the Pacifica Governing Board and their reconstitution based on democratic elections.
14) WE DEMAND the creation of a governance system for Pacifica that includes meaningful participation and binding decision making powers for Pacifica's listener-sponsors and its paid and unpaid workers.
15) WE DEMAND the popularization of the process of selecting general managers and program directors at all Pacifica stations and the emplacement of mechanisms of accountability to the staffs and listeners for those who hold those positions.
From "Race & Power at Pacifica Radio" (at savepacifica.net & radio4all.org/freepacifica) by Rafael Renteria, former Program Director & News Director at Pacifica Station KPFT/Houston, now of Los Angeles.
Pacifica finally was recaptured by staff and listeners. Not only were original mission objectives restored, but bylaws were put in place to assure the objectives wouldn’t be violated in the future. All this happened due to staff speaking up, resigning, and listener boycotts of station and it’s sponsors.
New bylaws included a voting system by $25 per members and up.
SECTION 5. RIGHTS
All Members shall have the right to vote, on the terms and in the manner set forth in these Bylaws, on the election and removal of Delegate; on the sale, exchange, transfer or disposition of all or substantially all of the Foundation’s assets, including, but not limited to, any of its broadcast licenses; on any merger, its principal terms and any amendment of its principal terms; on any election to dissolve the Foundation; on any amendment to these Bylaws for which Member approval is required or permitted as set forth in Section 1(B) of Article 16 of these Bylaws; and on any amendment to the Articles.
Quorums for decision making are now open to members. Terms are now set up for directorial positions. Overall a strict system of accountability was instituted.
Pacifica Bylaws http://www.pacifica.org/governance/bylaws_finaldraft.html
Other Pacifica resources.
http://www.savepacifica.net/0709_teach-in_report.html
http://www.fair.org/media-beat/990617.html
http://www.radio4all.org/fp/screwu.htm
In essence, Pacifica’s story proved that it was possible to restore ethical, quality community programming with the cooperation of the community, staff in the form of boycotts and speaking up. It proves that ethical quality will not always exist without taking firm stances, and community involvement, but that member involvement of programming and staffing decisions may be the only way to assure accountability.
Print Media
Following my incident with WYEP, I contacted both the Pittsburgh Post Gazzette, and after no story of wrong doing was printed, I was told to relay my story to local city papers. I turned to aptly named City Paper.
After receiving evasive answers from then music director Chris Griffin and morning host Kyle Smith, of WYEP, I submitted the conversations to Adrian McCoy of the Pittsburgh Post Gazzette, who in turn wrote an article about radio, where her only mention of WYEP was,
“At adult alternative WYEP-FM, the challenge is to cover the spectrum of what adult alternative is. And that's constantly changing, says WYEP program director/afternoon host Rosemary Welsch. "The format allows for you to constantly mutate into what people need."
http://www.post-gazette.com/tv/20020310programming0310fnp2.asp
In November 2002, I presented them with the information about WYEP appearing on Michele Clark’s page, and that a large percentage of songs were in WYEP’s rotation. No story has been written that I have seen or can find.
I was then advised by many to turn to local city papers. Justin Hopper, Music Editor of the Pittsburgh City Paper, at first was interested. He then stated that “The fact is that all of these artists are publicised any number of ways by any number of publicists - tour publicist and product publicist are both different people from each other and from a radio "indie", and when you get into these big major label types (or big indie label types) you're going to have the label working it, the pub working it, the tour pub working it, and the radio pub's - plus any and all "indies". What I'm essentially doing is telling you why I don't see a story to write AT THIS MOMENT regarding WYEP.” Which was understandable, and his investigation of their financial records showed no wrong doing that he could find currently.
Yet after I did my homework and produced the 88% double play, and 37 out of 59 Michele Clark percentage, he restated with “I've read some stuff that's kinda turned my mind around in the past few weeks. We'll see. I'll be over there (YEP) next Friday to get interviewed about local music. I don't think they're sinister, but I'm agreeing now that they're railroaded... we'll see what comes up with this tax info.”
After waiting nearly two months, I decided to interview him for this article. He maintains interest in the story, and that he has no current plans of printing it. When I asked about what he meant about what he read, and how they were railroaded, he checked his mail box, found the email, and claimed he couldn’t remember what he meant by it.
Justin states that his involvement with the station as far as appearing on a monthly show at WYEP, and the sponsorship City Paper has with WYEP in no way influences him in deciding whether to run the story or not.
Change
If art film houses started playing big Cameron/Bruckheimer type blockbusters and continued to call themselves “art film houses”, they’d be a joke. Yet over a half a million dollars of tax deductable income is raised annually to help subsidize poor millionaires like Sheryl Crow, U2 and John Melloncamp that could better be served to the poor. Albeit, WYEP does feature a local artist starting recently Mon.-Thur. At 10:00 at night, and will put a local artist in rotation from time to time.
So is there hope for change. Will anyone else step up to declare the Emperor naked, when everyone finds him well clothed? Could a member takeover occur as did with Pacifica? Only if the people of Pittsburgh choose to take action. Boycotting the station didn’t work in my case, because their listeners and members are on the rise. Only a boycott of their sponsors could shake things up since the staff refuse to resign or speak up
“The record companies know that there is plenty of payola going on, since it is in their budgets. Aren't they scared that they will be exposed as well? Nah, because nowadays the record companies finance payola the same way that unions and businesses finance political campaigns - they launder the money (legally) through 3rd party consultants. As the smart people at the record companies know, the real solution is to make payola legal and reconfigure the revenue models between the lables and the video/radio outlets. But as they say "that train has already left the station," so the RIAA fights a rearguard action against payola. The truth is, as long as it is disclosed, there is nothing sinister about the practice. Without the current market distorting laws, there would be little incentive for the practice in any event.”
Martin Devon
http://www.patiopundit.com/archives/001205.html
"I know there's payola because my record company bills me for independent promotions,"

Don Henley

http://www.recordingartistscoalition.com/hreporter013103.html

To sum up…

So according to the L.A. times, Michele Clark keeps a record of plays and reimbursements, According to Martin Devon, these reimbursements may not be easily found in a stations records, according to local Pitt student Dina Wilson, who attempted to do a school project on WYEP, which is supposed to be a public entity and open to the public policy wise and financially, wouldn’t produce such records, according to WYEP’s play lists, roughly two thirds of their rotation is Michele Clark indie-promoted, and according to WYEP, they refused to be interviewed, as they refused me policy/programming information in a defiant act of privacy.
Four staffers were contacted for interviews, 2 volunteer, and 2 paid. One who refused to comment on the incident with Chris Griffin and Kyle Smith last year, claimed that since WYEP allows them the freedom of their show, they will not speak about the station. One agreed to be interviewed, but required Rosemary Welsch’s permission, one told me to contact Rosemary. Rosemary responded but refused to discuss programming polcies.
WYEP has refused vital programming information to members and volunteers in the past, and has formally declined to be interviewed regarding their programming content and policies.

Further, although their non-profit, public status requires them by law, to be open to the public about their financial statements, University of Pittsburgh grad-student, Dina Wilson requested financial documents for a school project. At first her phone inquires went unanswered for weeks. When she finally contacted the station, she was told she would receive such documents, but then never did, and had to change her school project to a different topic.
Regarding my previous interactions with WYEP, I had conversations with them regarding their programming where they became evasive, I then wrote a letter of boycott to the other members of the station including General Manger, Lee Ferraro, Program Director & Afternoon Host, Rosemary Welsch, Production Manager, Joe Resch, Ex-Midday Host, Kate Bradley, and Sunday Host Kate Borger, where I wanted to make it clear that the incident wasn’t a rouge incident and that all were aware of how members and volunteers were treated by the staff. Only one responded and refused to comment on the situation.
Again, there is no smoking gun, other than the proof of their play lists, and it is possible that they don’t receive reimbursements for their adding indie-promoted material, yet, public means public, and what they’re giving us is private unaccountability regarding over a million tax free dollars.
WYEP won’t come out against Clear Channel, and even promotes them. The papers won’t come out against WYEP and their indie-promo playlists, and artists won’t come out against anyone, because they want a career in the business. Clubs won’t stop supporting either, because they need the promotion, and the whole truth is locked up nice and neat as we’re told what music to listen to, and what truths of our world, nation and community we really need to know.
Finding the occasional straw of truth awash in a great ocean of confusion and bamboozle requires intelligence, vigilance, dedication and courage. But if we don't practice these tough habits of thought, we cannot hope to solve the truly serious problems that face us - and we risk becoming a nation of suckers, up for grabs by the next charlatan who comes along. ~Carl Sagan, The Fine Art of Baloney Detection
"I became convinced that noncooperation with evil is as much a moral obligation as is cooperation with good.” - Martin Luther King, Jr,

www.xanga.com/CPoints

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