In light of SoundExchange’s offer of a $2,500 cap on total royalties arising from the $500 per-channel fee in the Copyright Royalty Board’s (CRB) webcasting ruling, the Digital Media Association (DiMA) wants that offer to run the full term of the CRB ruling, through 2010. The offer responds to multi-stream webcasters’ fears that at $500 per stream they could be on the hook for more than $1 billion. The fee would apply no matter how many channels or stations a webcaster streams. Pandora lets users create their own customized stations, Live365 streams thousands of do-it- yourself stations, and some public radio stations offer general and niche streams, such as WAMU Washington’s BluegrassCountry.org.

In light of SoundExchange’s offer of a $2,500 cap on total fees arising from the $500 per-channel fee in the Copyright Royalty Board’s (CRB) webcasting ruling, the Digital Media Association (DiMA) wants that offer to run the full term of the CRB ruling, through 2010. The offer responds to multi-stream webcasters’ fears that at $500 per stream they could be on the hook for more than $1 billion. The fee would apply no matter how many channels or stations a webcaster streams. Pandora lets users create their own customized stations, Live365 streams thousands of do-it- yourself stations, and some public radio stations offer general and niche streams, such as WAMU Washington’s BluegrassCountry.org.

The Minnesota Public Utilities Commission suspended its pending inquiry into Qwest’s unbundled network element (UNE) pricing while it studies jurisdictional questions raised by Qwest. Qwest last month said federal law doesn’t give the state jurisdiction over rates and terms of UNEs not covered by Telecom Act Sec. 251 (Case P421/CI-07-370). That means the PUC lacks authority to address charges for converting Section 251 UNEs to market-based wholesale services, or rates and terms of wholesale service arrangements that bundle UNEs with non-UNE services, Qwest said. The PUC referred the threshold jurisdiction issue to an administrative law judge, who will gauge PUC authority over conversion charges and wholesale bundled arrangements, and the point at which UNEs enter the FCC’s exclusive domain. The PUC order set a July 3 procedural conference on the jurisdiction case (P421/CI-07- 371).

If Hill staff wearied Wednesday of constituent complaints about higher webcast royalties during an industry “day of silence” (CD June 28 p15), they will be wowed after July 15, when new Copyright Royalty Board (CRB) rates apply, Rep. Jay Inslee, D-Wash., told the House Small Business Committee Thursday. Agreeing with Ranking Member Steve Chabot, R-Ohio, that chances of passage by July 15 of the Internet Radio Equality Act (HR-2060) are “slim to none,” Inslee said his bill’s backing will “swell dramatically” after that date as constituents clamor to revive silenced Internet radio stations.

CEA Thursday hailed a 5-4 Supreme Court ruling reversing the “per se” rule against resale price maintenance. The court’s decision that the “rule of reason” should apply to the legality of manufacturer pricing decisions “means simply that all the facts will be examined before a finding of illegality - replacing a black and white rule of illegality in every case,” CEA said.

If Hill staff wearied Wednesday of constituent complaints about higher webcast royalties during an industry “day of silence” (WID June 28 p5), they will be wowed after July 15, when new Copyright Royalty Board (CRB) rates apply, Rep. Jay Inslee, D-Wash., told the House Small Business Committee Thursday. Agreeing with Ranking Member Steve Chabot, R-Ohio, that chances of passage by July 15 of the Internet Radio Equality Act (HR-2060) are “slim to none,” Inslee said his bill’s backing will “swell dramatically” after that date as constituents clamor to revive silenced Internet radio stations.

Government-mandated a la carte was panned by a handful of House members who used a hearing by the Telecommunications Subcommittee on child obesity to attack recent proposals by FCC Chairman Kevin Martin. Rep. Fred Upton of Michigan, the ranking Republican member, said forcing individual channel sales by cable, satellite and other pay-TV providers will not improve children’s programming quality. Reps. Hilda Solis (D-Calif.) and Jane Harman (D-Calif.) panned a la carte, which got no support during a three-hour hearing often interrupted as members left to vote.

Some of the most popular webcasters and smaller sites will go silent Tuesday (June 26) to protest new Copyright Royalty Board rates and get Internet radio fans to press Congress to pass the Internet Radio Equality Act. The new rates take effect July 15. Webcasters held a free concert this week across from the Capitol, featuring bill sponsors Reps. Jay Inslee, D-Wash., and Donald Manzullo, R-Ill. To raise awareness, many webcasters will not stream that day, others will use “long periods of silence (or static or ocean sounds or similar) interspersed with occasional brief public service announcements,” the SaveNetRadio Coalition said. Broadcasters simulcasting online are included in the day of silence. Participants include dozens of small webcasters plus Yahoo, Live365, Rhapsody, Pandora, Santa Monica-based NPR affiliate KCRW, and music streams operated by Washington, D.C. affiliate WAMU -- BluegrassCountry.org and Towson, Md.- based WTMD. Notably missing from the list is AOL, which could not be reached for comment. A SaveNetRadio spokesman told us that AOL has a “vested interest” in the Coalition’s success, but he cannot confirm or deny AOL is participating.

Some of the most popular webcasters and smaller sites will go silent Tuesday (June 26) to protest new Copyright Royalty Board rates and get Internet radio fans to press Congress to pass the Internet Radio Equality Act. The new rates take effect July 15. Webcasters held a free concert this week across from the Capitol, featuring bill sponsors Reps. Jay Inslee, D-Wash., and Donald Manzullo, R-Ill. To raise awareness, many webcasters will not stream that day, and others will use “long periods of silence (or static or ocean sounds or similar) interspersed with occasional brief public service announcements,” the SaveNetRadio Coalition said. Broadcasters simulcasting online are included in the day of silence. Participants include dozens of small webcasters plus Yahoo, Live365, Rhapsody, Pandora, Santa Monica-based NPR affiliate KCRW, and music streams operated by Washington, D.C. affiliate WAMU -- BluegrassCountry.org and Towson, Md.-based WTMD. Notably missing from the list is AOL, which could not be reached for comment. A SaveNetRadio spokesman told us that AOL has a “vested interest” in the Coalition’s success, but he cannot confirm or deny AOL is participating.

The Agricultural Marketing Service has issued a notice announcing that it is reopening the comment period for 60 days, until August 20, 2007, on the October 2003 proposed rule for mandatory country of origin labeling (COOL) for beef, lamb, pork, perishable agricultural commodities, and peanuts.