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Troll
02-07-2006, 11:46pm
Feb. 7, 2006 -- ABC News has learned the focus of a two-year long payola investigation by the New York attorney general is turning to the nation's nine largest radio conglomerates.

Attorney General Eliot Spitzer says evidence he has gathered clearly shows some of the radio conglomerates have participated in the illegal practice of accepting payments from record companies and middlemen for guaranteed air play for certain songs.

"The behavior has been unethical, improper, illegal and a sanction of some severity clearly should be imposed," Spitzer told ABC News chief investigative correspondent Brian Ross.

Spitzer and music industry officials told "Primetime" that millions of dollars in payments, gifts and trips are exchanged each year to get music stations to add songs to their weekly play lists.

Spitzer says record company documents obtained in the investigation of Sony Music and Warner, both who have settled with the attorney general, reveal payments for songs that became major hits, including Jennifer Lopez's "I'm Real" and John Mayer's "Daughters."

Other artists whose songs are named in the documents Spitzer has obtained include Jessica Simpson, Celine Dion, Maroon 5, Good Charlotte, Franz Ferdinand, Switchfoot, Michelle Branch, and R.E.M.

Spitzer says much of the money went directly to corporate bottom lines, unlike payola scandals of previous decades when individual disc jockeys and program directors received the money.

"We have people in suits coming in with documents rather than cash payments under the table to a DJ," Spitzer said.

The nine radio conglomerates which have received subpoenas from the attorney general are Clear Channel, Infinity (now CBS Radio), Entercom, Emmis, Citadel, Cumulus, Cox, Pamal, and ABC.

The nine companies, together, control several thousand radio stations across the country. In statements to ABC News, five of the companies say they are cooperating with the attorney general's investigation and take the matter seriously. The other companies have not responded to requests for comment.

A number of other independent radio stations are also under investigation, according to state investigators.

In conducting a probe of payola, banned by federal law, Spitzer has assigned himself the role of hit man to the hit makers, using state consumer fraud and bribery laws to go after the practice.

The FCC says it is closely following the New York investigation although Spitzer says the FCC has yet to move forcefully.

"I would like to see the FCC more directly involved in addressing what is very clearly a payola scandal that has run rife through the industry," Spitzer told ABC News.

Virtually all investigations into radio practices, since the last payola scandal in the 1980s that implicated organized crime figures, have withered on the vine and vanished.

Spitzer's probe could be the most comprehensive to ever hit the industry. Warner Music Group has entered a settlement and contributed five million dollars to charity as part of that agreement. Sony music settled for ten million dollars. Warner and Sony both agreed to cease any questionable business practices and to comply with Spitzer in his ongoing probe.

http://www.abcnews.go.com/Primetime/story?id=1591155&page=2

Troll
02-09-2006, 12:25am
Radio Conglomerates Eyed in 'Payola' Probe
Feb 08 7:10 PM US/Eastern
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By MICHAEL GORMLEY
Associated Press Writer


ALBANY, N.Y.


New York Attorney General Eliot Spitzer said Wednesday he has subpoenaed many of the nation's largest radio conglomerates in his "payola" investigation of major artists and songs that he claims got air time because of payoffs by recording companies.

Spitzer wouldn't identify the major radio companies that have been subpoenaed or release the artists and songs that he claims benefited from the pay-for-play practice for cash, trips and gifts like the scandal that rocked early Rock n' Roll in the 1950s and 1960s.

"A lot of the major songs have been implicated in this and it showed how pervasive the payola infrastructure had become," Spitzer told The Associated Press. "Probably many of the songs that were beneficiaries of the payola scheme would have succeeded without it, but certainly payola became part of the promotional structure and was integral to the game to get songs to the top. Major artists, major songs were sent up the charts through improper payments to buy spins on the air that translated into sales."

Warner Music Group Corp. agreed last year to pay $5 million to settle its part of the investigation, and Sony BMG Music Entertainment agreed to pay $10 million.

A 1960 federal law and related state laws bar record companies from offering undisclosed financial incentives in exchange for airplay. The practice was called "payola," a contraction of "pay" and "Victrola," the old wind-up record player.

ABC News "Primetime" reported Tuesday that Spitzer is investigating the largest nine radio corporations _ including ABC _ in a scheme that involved Jennifer Lopez's "I'm Real" and John Mayer's song "Daughters." Songs by other artists are also being examined, including those by Jessica Simpson, Celine Dion, Maroon 5, Good Charlotte, Franz Ferdinand, Switchfoot, Michelle Branch and R.E.M., according to ABC. The radio companies that have received subpoenas control thousands of stations nationwide, including Clear Channel, Infinity which now operates as CBS Radio, Citadel, Cox, Cumulus, Pamal, and Entercom, ABC reported.

"Cox Radio has cooperated fully with Attorney General Spitzer's investigation," said Bob Neil, president and CEO of Cox, in a prepared statement. "Years before this investigation began, Cox Radio was the first radio group to terminate all relationships with independent record promoters to avoid any suggestion or appearance of `pay-for- play.' We continue to be a leader in our industry on this issue."

The other companies had no immediate comment.

In the 1950s and '60s, most payola involved direct payments of cash to DJs. Today, payola is in the form of "direct bribes" to radio programmers, including airfare, electronics, iPods, tickets to top sporting events and concerts; as well as payments to radio stations for expenses and for use in contests. Spitzer said companies had hired "independent promoters" to act as conduits for payments to radio stations and pay for "spin programs" to increase airplay of some recordings that are supposed to be based on popularity among listeners.

Spitzer said he had relied on civil laws in the payola case because the criminal laws are more specific and difficult to violate.

http://www.breitbart.com/news/2006/02/08/D8FL8H380.html