Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Thursday, March 12, 2009
Frank Pastore :: Townhall.com Columnist
How to Silence Talk Radio: Tax the Industry to Death
by Frank Pastore
Vote on It:
Average Vote:
[+] Text [-]
 
Poll
Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


The Democrats’ frontal assault on talk radio has failed, as planned. They knew the Fairness Doctrine—their attempt to balance the radio airwaves with federally-subsidized progressive talk, i.e. “censorship”—would fail because there aren’t yet enough Americans willing to surrender more of the First Amendment. Emphasis on the “yet”—but they’re working on it.

As we now know, the spontaneous coordinated personal attack on Rush Limbaugh was orchestrated by senior Democratic strategists Rahm Emanuel, James Carville and Paul Begala. Rush only accelerated their timetable with his politically precise statement, “I hope the president fails [to kill capitalism and institute socialism]”—a statement that every Republican should, just as every conservative already does, agree with. If not, you’re in the wrong party. Those who are seduced by the spirit of bipartisanship, what is it that you believe Obama wants conservatives to succeed in?— other than defeat, of course.

But radio is not out of the woods yet. There are a number of cleverly-devised legislative threats to this American-owned-and-operated industry—the most immediate of which is a crippling new radio tax, commonly called a Performance Tax. Let’s start with the basic economic relationship between radio and the record labels. From the very beginning it has been very simple: “free play, free promotion.” Radio stations played the music for free and the record labels enjoyed the free promotion of their product. Consumers would hear a song on the radio, and if they liked it, go out and buy the record, attend the concert and buy the merchandise. Everybody made money. The label would have increased sales, the artist would book more gigs, and radio could adapt the mix any way they wanted to attract more listeners, and thereby more advertisers.

The only people not getting the proper remuneration were the composers, publishers, and writers, since they couldn’t make anything off a concert appearance. But this was worked out with the creation of royalty collection companies like ASCAP, BMI and SESAC, who then collected money from the radio stations and distributed it to the creative forces behind the musical works.

Then the Internet changed the whole world.

Today, instead of the artists going on tour to sell records, they sell records to generate publicity so they can go on tour. The record labels make the money on the songs, not the artists, forcing the artists on the road. Today, if you don’t tour, you don’t make real money.

With the explosion of iPods and iTunes and pervasive music piracy, profit margins eroded. The record labels resisted change and were slow to adjust their business model in response to the digital tsunami. With music cheaper and more accessible than ever, the record labels have turned elsewhere to recoup lost revenue.

Not surprisingly, they are looking to impose a new tax on radio—a ram-down piece of legislation that will hurt radio and cost American jobs. Known formally as the Performance Rights Act (H.R. 484), this legislation would put a crippling burden on a broadcast industry already struggling from declining ad revenues and the heavy burden of debt. The Performance Tax is supported by the Recording Industry Association of America (RIAA)—and it will, essentially, require radio stations to “pay to play.” Now, mind you, radio already pays hundreds of millions of dollars each year in royalties to the composers, publishers and writers. Now we’re talking big money to the labels and artists themselves.

But why should radio pay the artists and labels to play music when they’re promoting their product for free? Shouldn’t it be the other way around? In fact, it was, and is. There are still laws against “payola”—paying a disc jockey or station member to play a particular song or to plug a particular product “under the table.” But the history of payola is a testament to the fact that radio play helps sell music.

If the artists and the labels don’t like how the pie is cut, it’s their pie! Let them go back to the bargaining table and negotiate how they can both make money in the digital age. Why go after radio?

Enter the politicians. Those (like me) who see the opportunity laid out before them to silence talk radio are chomping at the bit to orchestrate how this all unfolds.

Obviously, by taxing radio to play music the result will be less music sales not more. If you tax something, you get less of it. Taxing music means less music. Less music means less sales. Less sales means less money.

Why are the labels and the artists slitting their own economic throats?

They’re doing so at the encouragement of congressional Democrats. Here’s how it very well could go down:

The Democrats will get high profile artists to do the publicity campaign for the Performance Tax, creating the best commercials of the highest quality yet seen on television. The commercials will appeal to “fairness” citing the fact that European radio stations already pay this Performance Tax—ignoring the fact that European stations are heavily subsidized by the government (like their other businesses). The tax will pass, like other legislation, with minimal Republican support.

Once the tax is implemented, the economic impact will be catastrophic for the radio industry, which has already been losing tons of money the last several years. The Wall Street value of the major radio companies is down 70 percent in the past year alone. Only the largest music stations will continue to play some music, everybody else will be forced to change formats or go off the air.

People will try to fill the radio music hole in their lives from other sources, but it won’t work. Soon, complaints pour into the government to “do something.”

Obama makes an address to the nation:

My fellow Americans, due to the selfishness of some, all are suffering. Radio station owners are not being honest with the American people, and instead of sharing their profits, they are hoarding their wealth.

Deserving artists, like those in Europe, are paid for their talents. But here, in America of all places, here we have come to share not only our triumphs but our trials, here an honest worker in the music industry, the artists we have come to know and love, are being denied their honest wage. And we are being denied the music we so dearly love.

So tonight, I propose legislation to “Let the music play.”

When passed, we will all be able to hear the music once again, and we can do this, “Yes we can!”

You may not be able to hear the music on your local stations right now, but soon, you, like all of America, will be able to answer when asked, “Can you hear the music?” We’ll all say, “Yes we can!”

Let the music play! Thank you, and good night.

When the Republicans oppose this, they will be slaughtered in the media blitz as people who want to “Stop the music.” The political pressure will be overwhelming. The legislation will rush through Congress, and the president will sign it into law.

Of course, federal money always comes with strings attached. Once radio is subsidized it will be controlled. The music will play, but the broadcast content will be censored.

When this happens, remember that it was never about the music, it was about the politics. And it wasn’t about fairness, it was about power.

It was never about Beyoncé, Coldplay, or Taylor Swift … it was always about Rush Limbaugh, Sean Hannity and those of us in talk radio.

It was about silencing the political opposition.

Share:
Vote on It:
Average Vote:
 
About The Author
The Frank Pastore Show is heard in Los Angeles weekday afternoons on 99.5 KKLA and on the web at kkla.com, and is the winner of the 2006 National Religious Broadcasters Talk Show of the Year. Frank is a former major league pitcher with graduate degrees in both philosophy of religion and political philosophy.
 
TOWNHALL DAILY: Be the first to read Frank Pastore's column. Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
And they said it couldn't be done...
For all of those who said that the 'fairness doctrine' was never going to happen, open your eyes. Locked into the current legislation passed in the Senate and passed to the House (you'll have to look real hard, but you'll find it), is a little amendment by Sen. Durbin which says---

" S.160
District of Columbia House Voting Rights Act of 2009 (Engrossed as Agreed to or Passed by Senate)

--------------------------------------------------------------------------------

SEC. 9. FCC AUTHORITIES.

(a) Clarification of General Powers- Title III of the Communications Act of 1934 is amended by inserting after section 303 (47 U.S.C. 303) the following new section:

`SEC. 303B. CLARIFICATION OF GENERAL POWERS.

`(a) Certain Affirmative Actions Required- The Commission shall take actions to encourage and promote diversity in communication media ownership and to ensure that broadcast station licenses are used in the public interest. "

Note the little but insidious phrases 'promote diversity' and '...in the public interest." Who is going to define this and what will the impact of this be for all of us who cherish the right to speak out against tyranny? Only time will tell...

Now is the time to speak out or we will lose that right before long. It's harder to regain what we have lost than it is to loose it in the first place.

The first step
For this Marxist agenda is to destroy the economy and make the populace dependent on government.

The second step; Control all public communications. Allow none to speak against the government. Thereby destroying the First Amendment.

The third step; Disarm the populace. By force if necessary. Thereby destroying the Second Amendment.

All..straight out of the Communist Manifesto!

An Opportunity
This, and the recently announced decision by our Department of Justice to persecute Sheriff Arpaio in Arizona, are two clear examples of the war our government is literally waging against America.

I hope either, or both, Rush and Arpaio seize the opportunity to begin the defeat of the sinister forces we've elected. Both have nothing at all to loose by fighting back. We have everything to loose if they cower and crawl like all the GOP and most "conservative" icons have done so since last November.

The right is in disarray because no conservative leaders exist. The election revealed the cowardice and duplicity of the GOP and many previously so called conservative commentators who quickly ran to the communist camp so as to be included in D.C. cocktail parties. Peggy Noonan, the treasonous 3 in the senate, and others come to mind.

This is a golden opportunity for some conservative David stand tall against the communist Goliath. Our Goliath is a collection of cockroaches and other insects who, notwithstanding their seemingly invincible image, can be squashed like any other bugs once we learn not to fear them.

We'll see.

Was just at the gas station
and a pizza delivery guy ahead of me got gas and a pack o smokes - and it was $6.51 for the smokes and he asked - yep they just went up - I asked the counter person was it a tax increase - and yes she said it was - I commented the democrats snuck it in unreported - well she must be a dem she didn't like that said that "they knew it was coming".
Funny thing is it was front page news last time - but when dems are in charge the media oppress the tax hikes.
Almost seven bucks for one pack o smokes... LOL
The lib religious economy...
Checked google and got a hit - oh 62 cent per pack increase...good job dems way to go...yeah why not make a 3 dollar a gallon of gas tax to go along with it you insane tyranny do gooders.
http://www.indystar.com/article/20090312/LOCAL/903120414/10 83/LIVING01

Are you guys all that gullable?
The dems use the fairness doctrine threats just to mess with conservatives. The right wingers fall for it everytime.

Mr Pastore- you just gave the liberals their next mode of attach idea for messing with you... D'OH

Besides who cares? Radio's dead like the newspaper anyway. You all act like the radio is this magical weapon of mass destruction. Newsbreak- Republicans lost in 2008 because the lost big on the INTERNET! Not the stupid a.m. radio. Seriously that sums up the republican party, way out dated.

Public Interest media
I can assure you if Obama and his crew can they will make sure that the only radio we hear is what they consider public interest. Public interest will be considered anything that glorifies them and reports that they are our only salvation. If not for conservative talk radio we would not have a clue as to how much money these crooks have been spending or what they are spending it on.

Dag
In case you had not read this already the tax on cigarettes was raised to pay for the SCHIP program. Unfortunately, the government will have to encourage millions of more to start smoking so that they can continue to fund this program. Funny a government that says smoking is bad for you will have to somehow figure out how to get those young people to start lighting up. This makes real sense doesn't it.

Huh
Are conservatives simply insane. For a long time they have been claiming that Democrats have been trying to impose the Fairness Doctrine undetered by the complete lack of evidence for that claim. Now Pastore admits that in fact they are not currently trying to restore the Fairness Doctrine, and he takes this as evidence that they have a secret plot to restore the Fairness Doctrine.

Other gems in this colum are, he still seems to believe that Obama mentioning Limbaugh was an attempt to reduce Limbaugh's audience. Huh? The campaign against Limbaugh is an attempt to increase Limbaugh's audience at the expense of republicans. Nobody ever thought that increasing his prominance would hurt his sales. The interesting question is whether his increased prominance is good for the dems or the repubs.

Another is the silly idea that increasing the cost of radio stations playing music would thereby hurt record sales by making music (although not records) more expensive. Does Pastore not see that making music more expensive in one context does not automatically make it more expensive in other contexts?

The obvious result of making playing music on the radio more expensive, if it is by enough to have an effect, would be to increase the advantages of radio shows that do not play music (or much music). Today that mostly means talk radio. So the move that Pastore is claiming would kill talk radio is actually something that would make it more likely to increase in scope.

But then he appears to be insane.

The assault on talk radio
The Socialists (aka Democrats) in Congress rightfully fear conservative talk radio. Make no mistake, what they are trying to pull off right now is a quick, bloodless left-wing coup d’etat, and talk radio is the most prominent threat to the consolidation of their power and their attempt to re-make the country into something that it has never been. Therefore, they are determined to shut it down any way they can. While they are not yet in a position to simply abolish it directly, as in Cuba or Venezuela, they will no doubt try every legislative trick they can think of, such as mandating localism, to make it no longer economically viable. Since they are also firm believers in using the tax code as a way to punish behavior they don’t like, it seems plausible that they might try this approach as well, possibly at the same time.

i wish
some brave souls would start shooting .....................know what i mean!

FCC
Just another reminder folks, the Federal government has no power to regulate the airwaves, the FCC is an illegal agency as there has been no amendment ratified to grant the Federal government this power. Radio transmission and the businesses that provide it are not "commerce among the states". The Commerce Clause was instituted for one thing only and that was essentially free trade among the sovereign nations comprising the Union. It is there to affect the states, not private businesses, to say otherwise is to add, which is to amend, which must go through a specific process as laid out in the Constitution. If the Framers had meant to give Congress unlimited power they would have said so, not enumerated the powers granted (which powers are there for bringing about general welfare and common defence), and not said they could only pass those laws necessary and proper for carrying into effect these powers. Do not fall into the false narrative trap. Think of it like this, what power does a New Jersey state trooper have in Florida? None, he has been granted power in that domain. No more so Congress and all their illegal, overreaching, usurping agencies.

Lon
Are you insane? The evidence is members of Congress putting forth these proposals. How can you say otherwise? How can anyone take you seriously? We already have McCain-Feingold in violation of the First Amendment, and which only favors incumbent politicians AND encumbent media, so to speak. I mean after all a "newscaster" can say what they want at any time, but others are limited to certain time periods with want they want to say. Of course, according to you, no one is attempting, or would attempt to hinder free speech, or any such thing. Can I ask you? Do you really believe the lies you put out, or are you of such low character that you don't care?

oops
Realized..incumbent, not encumbent.

Lenard
Your right of course. The federal government does not have these powers. But with this administration the Constitution means nothing! They will and are using every devious means they can think of to get around it and simply 'take' the power!

Columnists & writers
It is sad to see so many political writers not aware or up to date on the methods the socialist, power grabbing libtards are using in their war on America.

They all need to read, understand and utilize the Alinsky Rules for Radicals. So basic but it works with todays yuounger voters as their ears are tuned to this crap form the education system having been corrupted to socialist ideology.

Wake Up writers, columnists and politicians.
The Marxist are out to win at any cost, morals are not involved you are up against ideology just like Al Qaeda or Islam.....

Lenard
There was a legislative amendment concerning the fairness doctrine, but it forbid the Obama administration from instituting one. That was a bit unnecessary since Obama has said he opposes reinstituting the Fairness Doctrine. I understand that in the world of the crazy people all of this activity against reimposing the Fairness Doctrine is evidence that people are trying to reinstate it. But for the rest of us these claims still look pretty strange.

Lon
Obama said he opposes the Fairness Doctrine, he also took an oath to uphold the Constitution, both as a Senator and President, yet he has consistently acted in violation of it so he has no credibility. Also, as I pointed out in my earlier comments any legislation concerning radio has no Constitutional merit, so clearly many Reps and Sens don't see themselves as constrained by the limits within which they are to act, relevant to this discussion this is particularly evidenced in McCain-Feingold(BCRA). So I have to wonder what world it is that you live in, where you somehow attribute such integrity to those who look the facts right in the eye, such as the limits of their power as enumerated in the Constitution, and yet go ahead and act outside of those constraints anyway. Either you are unaware of the Constitution and all the Federal violations, which I know you're not or you sir ARE crazy as you also choose to ignore reality, which is one of the classic definitions of insanity.

One more thing...
So many things that are being done by this administration are 'above' the law as it was written, let alone as it was meant to be practiced. The law, be it the common law of old England, the Mayflower Compact, most of our historical documents, or the Constitution itself, was intended to protect the God-given rights of all man. It was not intended to be wielded over the heads of the citizens, pronouncing what they can or cannot do. This concept has been lost to us because we have allowed others to define what those rights are. Just because we think something is right or wrong, doesn't make it so... There is no right for you and a different right for me. That doesn't even make logical sense. Nevertheless, our government is thinking that their 'right to do' is above what is within their power to do. Without a neutralizing balance of powers, there will be no way to stop it unless we stand against it. But first, we must see things as they really are. That starts with the truth. How many of us can see through all the stuff and find it?

Lenard
Has there ever been a president who has fit your defintion of upholding the constitution? Has there ever been a supreme court justice who has? Or are you trying to establish that Obama has been particularly dishonest because he has acted like everyone else who has gone before him?

You have a unique take on the Constitution. Do you really not see how foolish it is to take everyone who disagrees with you as being dishonest on those grounds?

2010 Will See Landslide Shift In Power
I predict that 2010 will see a huge shift in power, and many new faces in the legislature. America sees who is making detrimental decisions and ignoring their constituents. How many telephone calls, e-mails, faxes, etc. did our Legislators get from their constituents in the past couple of months? Yet they ignored us and happily followed Obama over the cliff and signed the porky bills. Obama can propose a dozen more "stimulus" packages, and they'll continue to vote "Yes."

I don't expect to see Arlen Specter, Olympia Snowe, Susan Collins and a few others around Washington, D.C. after their next elections. Conservatism is on the move, and the Silent Majority are not being Silent anymore.

Rush is only the megaphone for what many Americans are thinking, and even if they were successful in silencing him, they can't silence our thoughts.



Brickhouse
I DO expect to see the same idiots in office. With this administration our votes mean nothing. Consider the following quote..

"Those who cast the votes decide nothing. Those who count the votes decide everything."...Joseph Stalin

Brickhouse NM
U say"I predict that 2010 will see a huge shift in power". I hope and suspect Ur right, at least to a degree..My County here is almost 100% Democratic--Many Political offices do not even have a Repub. candidate in opposition..That fact has always puzzled me in that, philosophically, most of the residents are more conserative than I am, but still vote straight Dem. It's heartening to see that the "Hate Bush" thing is fading and voters remorse if much in evidence!! We'll See.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.