Here's a letter that I've just sent to Mike Castle (Delaware's Representative) in the hopes of securing his support for the Internet Radio Equality Act.
Dear Congressman Castle,
I am writing you today in the hope that you will support the "Internet Radio Equality Act" that has recently been introduced by Reps. Jay Inslee and Don Manzullo.
The royalty rates that the Copyright Royalty Board has recently approved will have far-reaching ramifications if they are permitted to stand. The rate schedule that has been approved is so unreasonable that it makes continued operation of legal internet radio impossible. The schedule unfairly targets internet radio, and the rates are several times higher than those for similar markets (such as satellite radio or terrestrial FM).
As background, I am a volunteer with Super 91.7 WMPH. WMPH is owned and operated by the Brandywine school district, and is operated as an educational station. I am responsible for all our streaming infrastructure. Since we are a very low power station (100W), our internet presence is our primary way of reaching our audience. The same is true of both FM and pure internet stations all over the country. I do not wish to lose internet radio.
At this point, legal internet radio will become untenable unless action if taken to reverse the decision of the Copyright Royalty Board in the very near future. The rates are scheduled to take effect on 07/15/07 (with huge retroactive clauses).
I hope that you can support the "Internet Radio Equality Act".
I appreciate your time. Thank you very much.
-Ben Yanis
Please contact me if I can be of any assistance or offer any clarifications.
Followup (06/19/2007):
Mike Castle has sent me a reply. He (very diplomatically) declined to answer my concerns. See below for the full text.
Thank you for contacting me to express your support for the Internet Radio Equality Act, H.R. 2060. I appreciate learning your views on this issue.
As you know, the Copyright Royalty Board (CRB) recently announced new statutory royalty rates for certain digital transmissions of sound recordings for the period of January 1, 2006, through December 31, 2010. The implementation of these new rates marks the
expiration of a previous royalty rate agreement specifically designed to benefit webcasters. The Digital Millennium Copyright Act permits the Board to reconsider its decision, and parties affected by it may appeal to the U.S. Court of Appeals for the D.C. Circuit.
H.R. 2060 would overturn the CRB's decision and create a new system of royalty rates for webcasters that would take into account the impact of rates on the diversity of internet radio programming, localism, and competition. This legislation was last referred to the House
Committee on Energy and Commerce on April 26, 2007. Like you, I believe it is important that internet radio users have access to fair and equitable services. Please be assured that I will keep your view in mind and closely follow this legislation to ensure that it strikes the
right balance between allowances for webcasters and intellectual property rights.
Again, thank you for sharing your views with me and feel free to do so in the future on this or any other important issue. For more information on current issues and my efforts on your behalf in Washington, D.C. and Delaware, please visit my website and sign up to
receive my e-newsletter at, www.castle.house.gov.
Sincerely,
Michael N. Castle
Member of Congress
MNC:jc