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Indian E-music – The right mix of Indian Vibes… » 2021 » May

This Week in Regulation for Broadcasters:  May 22, 2021 to May 28, 2021

Delivered... David Oxenford and Adam Sandler | Scene | Mon 31 May 2021 5:01 pm

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • New rules went into effect on May 24 that are designed to give broadcast TV stations greater flexibility in the placement of transmitters in Distributed Transmission Systems (DTS, also known as Single Frequency Networks). DTS is seen as important as many stations convert to the ATSC 3.0 transmission standard.  For more on the new rules, see our blog article here.  While these rules have become effective, Microsoft has asked the FCC to reconsider them claiming, among other things, that the new rules harm the ability to deploy white space devices.  The FCC will be soliciting public comment on the Microsoft petition in the near future.  (Petition for Reconsideration)
  • The FCC announced this week that, at its June 17 meeting, it will vote on two petitions asking the FCC to reconsider LPFM technical rules that were issued in April 2020 which, among other things, permitted greater use of directional antenna by LPFM stations. In its draft order on those petitions, the Commission appears ready to reject them which, according to Acting Chairwoman Rosenworcel, will help pave the way for a window for the filing new LPFM applications in the near future.  (Draft Order on Reconsideration).  Look for more details on these LPFM issues in an article that should be posted on our blog on Tuesday.
  • At the same June 17 meeting, the Commissioners will vote on updates to its Emergency Alert System (EAS) and Wireless Emergency Alerts rules that it proposed in February, including introducing a new class of alerts called “National Alerts” and updating the process for reviewing and approving state EAS plans and for reporting false alerts. We wrote at length about the draft rules, here.  The Commissioners will also vote on a request for comments on whether certain irrelevant EAS event codes should be deleted, changed, or replaced and whether EAS should support “persistent” display and notification of severe threats to loss of life.  (Draft Report and Order and Further Notice of Proposed Rulemaking). The February FCC notice also asked whether emergency alerts can and should be delivered via streaming services The FCC is still accepting reply comments on its inquiry into that issue through June 14.

Black Corporation’s next hardware is a Jupiter-8 recreation, with MPE and microtuning

Delivered... Peter Kirn | Scene | Sun 30 May 2021 2:04 pm

Black Corporation, makers of Deckard's Dream and Kijimi, continue their run of ultra-luxe polysynths. Now the sought-after Jupiter-8 is in their sights, with some 2021 twists.

The post Black Corporation’s next hardware is a Jupiter-8 recreation, with MPE and microtuning appeared first on CDM Create Digital Music.

Black Corporation’s next hardware is a Jupiter-8 recreation, with MPE and microtuning

Delivered... Peter Kirn | Scene | Sun 30 May 2021 2:04 pm

Black Corporation, makers of Deckard's Dream and Kijimi, continue their run of ultra-luxe polysynths. Now the sought-after Jupiter-8 is in their sights, with some 2021 twists.

The post Black Corporation’s next hardware is a Jupiter-8 recreation, with MPE and microtuning appeared first on CDM Create Digital Music.

An experimental sound tech program embraces errors while teaching girls and nonbinary kids

Delivered... Peter Kirn | Scene | Fri 28 May 2021 7:30 pm

Imagine not just embracing girls and nonbinary and queer trans kids as music students - but encouraging DIY, hot-wiring a cactus, playing together, and leaning into errors. It's Error Music - Don't Delete!

The post An experimental sound tech program embraces errors while teaching girls and nonbinary kids appeared first on CDM Create Digital Music.

‘Black music is my superpower. It’s my way of showing love’: the art of Georgia Anne Muldrow

Delivered... Christine Ochefu | Scene | Fri 28 May 2021 9:00 am

The LA musician, who has unleashed another of her psychedelic funk and hip-hop beat tapes, talks about social justice, her time in Brixton and the battle over ‘woke’, a word she helped popularise

Georgia Anne Muldrow may be more than 20 albums into her career and the woman who brought the word “woke” to wider consciousness, but she is not one for counting off milestones. “I’m the type of traditionalist that wants to give meaning to life,” she says. “My [concept of] success is directly linked to how Black folks see themselves; it’s not enough for me to be filthy rich or something, owning an island somewhere in the midst of what we live through.”

Since debuting with her EP Worthnothings in 2006, she has become known for her chameleonic ability to master different genres – soul, G-funk, jazz, electronic – under a number of aliases (for instance Jyoti) and collaborative projects. Last week, the 37-year-old vocalist, songwriter and producer released Vweto III, the latest in a series of beat tapes. These are self-produced and mostly instrumental albums full of psychedelic funk and prowling hip-hop (track titles such as Boom Bap Is My Homegirl show where her head is at). Besides solo releases, she has been featured on tracks by artists such as Erykah Badu, Flying Lotus and Yasiin Bey (formerly Mos Def), who described her as “like [Roberta] Flack, Nina Simone, Ella [Fitzgerald] – she’s something else”.

If somebody uses ‘woke’ in a derogative way, I don’t really care for what’s on their mind. I don’t really care about somebody who don’t even like Black people

Related: Georgia Anne Muldrow: Vweto II review – kaleidoscopic, sunshine timewarp jazz

Continue reading...


Delivered... Spacelab - Independent Music and Media | Scene | Thu 27 May 2021 8:00 pm
The Bottleneck Festival day lineups are out! Friday has Stevie Nicks as headliner, G-Eazy, Brandi Carlile, Maren Morris, James Murphy (DJ set) and Devotchka. Saturday is Guns N’ Roses as the headliner, Myley Cyrus, Run The Jewels, Portugal. The Man, Young The Giant and Digable Planets. Sunday takes out with Foo Fighters as the headliner, Megan thee Stallion, Cage The Elephant, Black Pumas and Future Islands. You still have options for tickets — weekend tickets are available as General Admission, VIP, VIP Plus Skydeck and Platinum passes. Tickets for three individual days are also available in General Admission and VIP passes.


Delivered... Spacelab - Independent Music and Media | Scene | Thu 27 May 2021 6:00 pm
You still have options to get all types of Firefly Music Festival 2021 tickets. They're available in General Admission, VIP and Super VIP passes. You can find out more in the Firefly Music Festival tickets section.

Bitwig Studio 4: Apple Silicon, new Operators, expression Spread, comping

Delivered... Peter Kirn | Scene | Thu 27 May 2021 5:51 pm

Bitwig Studio 4 doesn’t have a single banner feature like The Grid. Instead, you get multiple refinements: Operators combine the best of hardware with the best of DAWs – and the new version runs natively on your new Mac. Okay, first – Bitwig continues to excel at supporting every platform. That includes Linux (and I […]

The post Bitwig Studio 4: Apple Silicon, new Operators, expression Spread, comping appeared first on CDM Create Digital Music.


Delivered... Spacelab - Independent Music and Media | Scene | Thu 27 May 2021 2:00 am
The Shaky Knees 2021 lineup is out! Stevie Nicks, Run The Jewels and The Strokes will headline. St Vincent, Alice Cooper, Modest Mouse, Mac De Marco, Portugal. The Man, Phoebe Bridges, Ty Segall, Royal Blood, The Hives, Living Colour (!) and Mercury Rev also top the lineup. Get a complete list of who’s performing. Shaky Knees Music Festival tickets are on sale for 2021. Tickets are available as General Admission, GA+, VIP, Platinum and Ultimate Experience tickets.

Unreal Engine 5 brings fresh eye candy and patchable MetaSounds DSP

Delivered... Peter Kirn | Scene | Wed 26 May 2021 6:37 pm

It makes beautiful, realistic... canyons. It makes games. It does incredible things with light. And oh yeah - surprise. This game engine also boasts a powerful, patchable DSP sound engine inside, blurring the line between game, graphics, and audio tool. It's all positively Unreal. Um, 5. Early Access.

The post Unreal Engine 5 brings fresh eye candy and patchable MetaSounds DSP appeared first on CDM Create Digital Music.


Delivered... Spacelab - Independent Music and Media | Scene | Wed 26 May 2021 5:00 pm
Early bird tickets for the 2021 Made In America Festival are on sale! You can get a Made In America two-day weekend pass at the early ticket price of $100 right now.

June Regulatory Dates for Broadcasters: License Renewal and EEO Filings, Comments and Replies, Auction Upfront Payments, Streaming Rates Announcement, and More

Delivered... David Oxenford | Scene | Wed 26 May 2021 4:52 pm

As the calendar flips to June, pandemic restrictions across the country continue to loosen, and we inch closer to summer.  Broadcasters could be forgiven for not having regulatory dates and deadlines on the top of their minds.  There are, however, many important dates and deadlines to keep track of during June – we provide details of some of them below.  As always, be sure to stay in touch with your FCC counsel for the dates and deadlines applicable to your operations.

Radio stations in ArizonaIdahoNevadaNew MexicoUtah, and Wyoming and television stations in Michigan and Ohio should be putting the final touches on their license renewal applications, which are due by June 1.  See our article, here, about preparing for license renewal.  These stations must also file with the FCC a Broadcast EEO Program Report (Form 2100, Schedule 396) and, if they are part of a station employment unit (a station or a group of commonly owned stations in the same market that share at least one employee) with 5 or more full-time employees, upload to their public file and post on their station website a link to their Annual EEO Public Inspection File report covering their hiring and employment outreach activities for the twelve months from June 1, 2020 to May 31, 2021.

In addition to the stations noted above filing for license renewal, radio stations in Michigan and Ohio, TV stations in ArizonaIdahoNevadaNew MexicoUtah, and Wyoming, and radio and TV stations in the District of ColumbiaMarylandVirginia, and West Virginia must, if they are part of a station employment unit with 5 or more full-time employees, upload to their public file and post on their station website a link to their Annual EEO Public Inspection File report covering their hiring and employment outreach activities for June 1, 2020 through May 31, 2021.

On or before June 3, interested parties are invited to submit comments regarding the Commercial Advertisement Loudness Mitigation (CALM) Act.  The FCC’s call for comments is broad in scope and asks if the rules that were put in place more than ten years ago have been effective at preventing loud commercials.  More specifically, the FCC wants to hear from consumers about their experiences with loud commercials and from industry on whether the rules still serve their intended purpose or need to be updated.  Reply comments are due by July 9.  We wrote more about the CALM Act and this comment period, here, including the congressional letter that jump-started this new look at CALM Act rules.

June 3 is also the due date for comments on the FCC’s proposed increase in broadcast regulatory fees, which will be due before October 1.  We wrote here and here about the FCC’s tentative plan that raises the fees to be paid by most broadcasters.  The docket is likely to attract comments from parties, like the National Association of Broadcasters, that will argue that broadcasters are bearing a greater financial burden than they should be based on how the FCC allocates the time spent on regulating each industry it oversees – an allocation that is used to determine the amount of the fees paid by each industry.  Reply comments are due by June 18, so parties watching the docket that want to submit replies need to be prepared to turn them around quickly.

Commenters have through June 7 to submit comments on the FCC’s rules which arose after the passage of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA).  The CVAA was designed to make broadcasts and other communications channels more accessible and has resulted in requirements like audio description of television programming and captioning of TV programming delivered over the internet.  Reply comments are due by July 6.  We wrote more about the CVAA and the request for comments, here.

By June 14, the Copyright Royalty Board should release its decision in the webcasting proceeding that was due to wrap up last year, but which has been delayed due to the pandemic.  At issue are the rates to be paid for 2021-2025 to SoundExchange by webcasters, including broadcasters who simulcast their programming on the internet, for the digital public performance of sound recordings.  Though the rates are being announced six months into 2021, they are likely to be retroactive to January 1, with a true-up period set out for catch-up payments, if necessary.  We took an in-depth look at the ongoing proceeding, here.

Potential bidders in Auction 109 that have submitted short-form application have until June 16 to submit their upfront payment.  An upfront payment is required under the auction rules for a bidder to be eligible to bid during the auction.  Payments must be made by wire transfer and be received by the FCC by 6:00 p.m. Eastern Time on June 16.  An FCC Form 159 (Remittance Advice Form) must accompany each upfront payment.  Potential bidders that fail to submit an upfront payment will be disqualified from the auction, which is scheduled to begin on July 27.  See, here, for the procedures that will govern the auction.  Note that we are now in the “quiet period” of the auction, meaning that applicants are prohibited from cooperating or collaborating with respect to, communicating with or disclosing, to each other in any manner the substance of their own, or each other’s, or any other applicant’s bids or bidding strategies (including post- auction market structure), or discussing or negotiating settlement agreements, until after the auction down payment deadline.

The FCC is seeking public comment through June 21 on a proposal to increase the maximum allowable power of low power FMs from 100 watts to 250 watts.  LPFM advocates have raised this proposal many times and each time the proposal has been rejected by the FCC (we wrote about a prior attempt, here).  The Petition for Rulemaking is available here and the accompanying appendix is available here.

Reply comments are due by June 21 on the FCC’s Notice of Inquiry looking at the feasibility of delivering Emergency Alert System alerts through the internet, including over streaming services.  The Notice asks if streaming services do have the capability to deliver EAS alerts, which services should be required to do so.  We wrote more about the notice, here.

Looking ahead to July, by July 10 all full-power radio stations, and all full-power and Class A TV stations, must upload their Quarterly Issues Programs lists to their online public file.  So they should be looking at the issues that faced their communities in the last 3 months, and the programs that they broadcast to address those issues, and preparing those reports for inclusion in their online public file.  We have written about the importance of these quarterly reports to the FCC as they are the only officially-required records to show how a station served the public interest in its service area.

These are just some of the dates and deadlines to watch for in June.  Stay tuned throughout the month to our blog, the FCC website, industry publications, advisories from your legal counsel, and other information sources for updates and other dates that are important to your station.


HammerHead, the classic 1997 software drum machine, seems about to get a reboot

Delivered... Peter Kirn | Scene | Tue 25 May 2021 5:48 pm

The year: 1997. Drum machines as software are still largely unheard of. Developer Bram Bos dives into the water early with a tool called HammerHead. And now, that legendary creation may get a second lease on life.

The post HammerHead, the classic 1997 software drum machine, seems about to get a reboot appeared first on CDM Create Digital Music.

Free presets, free filter, TAL-Filter-2 mean a new trance-y Age of Love for us all

Delivered... Peter Kirn | Scene | Mon 24 May 2021 9:49 pm

After all this isolation, it only seems right to have a new Age of Love. By which I mean, of course - lush, lush 90s trance presets and everything for free.

The post Free presets, free filter, TAL-Filter-2 mean a new trance-y Age of Love for us all appeared first on CDM Create Digital Music.

Copyright Royalty Board Decision on Webcasting Royalties Expected by June 14 – What Will the Streaming Rates for 2021-2025 Be?

Delivered... David Oxenford | Scene | Mon 24 May 2021 4:18 am

The Copyright Royalty Board decision on the rates to be paid in the next 5 years by webcasters, including broadcasters who simulcast their programming on the internet, to SoundExchange for the digital public performance of sound recordings is supposed to be released by June 14.  These royalties are collected by SoundExchange from noninteractive webcasters (see our articles here, here and here on the difference between interactive and non-interactive webcasters) and are distributed to the artists who perform on recordings and to the copyright holders of those recordings – usually the record labels.  The CRB sets these rates in 5-year increments.  The rates at issue in the current proceeding are for 2021-2025.  As we wrote here and here, these rates would normally have been determined before the end of the last rate period at the end of 2020 but, as the trial to determine the rates was postponed by the pandemic, the CRB has been given to June 14 to announce the new royalties, presumably to be made retroactive to January 1.

The proposals made in this proceeding vary widely.  SoundExchange and its associated record labels are arguing that the rates should substantially increase, from their current level of $.0018 per performance (per song per listener – see our article here) for nonsubscription streams to rates of $.0028 per performance for 2021, with cost of living increases each succeeding year.  For subscription webcasting, SoundExchange proposes that the rates increase from $.0024 to $.0031.  In these cases, each party makes arguments as to what a willing buyer and willing seller would pay in a marketplace transaction for such rights.  The parties introduce expert witnesses to testify as to what that rate would be, usually by looking at other similar marketplace transactions.  To arrive at its proposed rates, SoundExchange introduced experts who looked at the market price for the use of music by interactive services.  These prices are set by direct negotiations.  From those prices, the experts attempted to calculate an appropriate adjustment to remove the value of the interactivity to determine the rates that a noninteractive service would pay.  This proposed increase in royalties was, of course, countered by representatives of the services who will pay the royalties to SoundExchange.

There were three principal groups representing commercial webcasters, each of whom suggested slightly different rates – but all proposed rates lower than those that had been in effect through the end of 2020.

Perhaps the most interesting of the proposals is one that was advanced by the NAB on behalf of broadcasters – particularly broadcasters that simulcast their over-the-air programming on internet and mobile channels.  The NAB proposed that the standard rate for webcasters, including those that have some limited degree of interactivity permitted of a noninteractive webcaster (e.g., a limited number of skips of songs, some limited ability to influence the music being played by indicating like and dislikes of particular artists or songs), should be $.0016.  But the NAB proposed that simulcasts of a broadcaster’s over-the-air programming pay a rate that is one-half that paid by “custom radio” webcasters – or $.0008.  The NAB’s argument, in its simplest form, is that simulcasts are the least interactive service, and thus the least like the interactive services.  NAB also notes that they do not disrupt the sale of music (or the higher royalties paid by interactive services) as they do not even allow a listener to influence in any way the songs that are being played.  In fact, the NAB argues that these simulcasts are promotional – introducing listeners to new music.  Additionally, the NAB argues that simulcasts are not as easily monetized by broadcasters, as they are not individually targeted and cannot command higher ad rates, so a willing buyer of rights to use music in these services would pay less than one that can target consumers.

To some degree, the proposal by Google was similar.  Google provides noninteractive services in two ways.  First, it provides ad-supported streams meant to introduce listeners to Google’s music services in the hope that these listeners will eventually upgrade to a subscription interactive service.  Second, Google provides a music service available on its smart speaker.  Google has proposed a base rate of $.0013 for the ad-supported Google Play service, but only half that for listening done through a Google Home smart speaker, arguing that such listening, tethered to the home rather than a mobile environment, and all triggered by voice-commands, is less valuable than one that is mobile.

Finally, Sirius and Pandora, now under common control, propose a rate of $.0011 for ad-supported streams and $.0016 for subscription services. Pandora offers arguments from its own experts to counter the SoundExchange experts, arguing that the appropriate adjustment from any interactive rates (which have been falling, according to Pandora) would arrive at these lower rates.

The CRB is considering these arguments as well as considering the rates to be paid by noncommercial webcasters.  While settlements have been arrived at between SoundExchange and noncommercial webcasters affiliated with schools and colleges, and with those affiliated with the Corporation for Public Broadcasting, other nonprofit webcasters are not covered by these agreements.  SoundExchange proposes that the same rate structure in effect in the last rate period continue with minor differences.  Currently, noncommercial webcasters can pay $500 per year for any stream if that stream has less than 159,140 aggregate tuning hours per month – effectively an average of about 200 simultaneous listeners.  Once they exceed that level on any stream, they pay at commercial per-performance rate. SoundExchange proposes that the minimum per stream fee increase from $500 to $1000.  The National Religious Broadcasters’ Noncommercial License Committee is arguing that these rates should fall substantially based on the effective rate set in the settlements with CPB stations.

There is a huge record in this proceeding, compiled over many weeks of virtual testimony last summer, and hundreds of pages of briefs containing arguments by the parties.  The CRB has to assess all this material, conclude which of these disparate proposals (which have been summarized here only in a most basic way – there are also many other issues about terms and definitions that need to be weighed by the Board) and come to a decision.  That decision will be embodied in a written document outlining how the judges on the Board reached their conclusions.  We can expect that, on or before the 14th, a summary of the CRB’s decision will be released, setting out the rates.  The full decision will likely follow a few weeks later after the parties can ask for redactions to exclude the public release of confidential business information provided at trial.  If you are streaming, look for this decision soon.

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