How Can I Contest The Interpretation Of The Payola Law?

[JT Taylor]

What is the name of your state (only U.S. law)? Florida.

Our small independent company has a recording artist with a new song release. The local radio station will not sell me ad time to play our song in its entirety with the required, compliant FCC sponsor disclosure for fear it will violate 'Payola' law. The FCC says I am within the law as long as the ad discloses the sponsor's name. I have made it clear to the station program director that it is not my intent to violate the 'Payola' law by paying-to-play our song in any playlist or buying spins to influence chart activity. We are interested in buying advertising time only. Our song is currently not in any playlist, and not listed on any popularity chart. The NY judge in the Eliot Spitzer 'Payola' case ruled that the major label in the case could not buy ad time for its songs because it artificially inflated the song's ranking in the charts. That interpretation applies because the song was already on national charts and in heavy rotation nationwide. It is questionable whether this ruling applies to an unranked, anonymous, unknown, minor entity. Until this is resolved, my company is denied access to any advertising opportunities promoted by the local radio station. Thanks. Your response is greatly appreciated.What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Florida.

Our small independent company has a recording artist with a new song release. The local radio station will not sell me ad time to play our song in its entirety with the required, compliant FCC sponsor disclosure for fear it will violate 'Payola' law. The FCC says I am within the law as long as the ad discloses the sponsor's name. I have made it clear to the station program director that it is not my intent to violate the 'Payola' law by paying-to-play our song in any playlist or buying spins to influence chart activity. We are interested in buying advertising time only. Our song is currently not in any playlist, and not listed on any popularity chart. The NY judge in the Eliot Spitzer 'Payola' case ruled that the major label in the case could not buy ad time for its songs because it artificially inflated the song's ranking in the charts. That interpretation applies because the song was already on national charts and in heavy rotation nationwide. It is questionable whether this ruling applies to an unranked, anonymous, unknown, minor entity. Until this is resolved, my company is denied access to any advertising opportunities promoted by the local radio station. Thanks. Your response is greatly appreciated.What is the name of your state (only U.S. law)?

Did you have a question?

ETA - oh, it's not in the body of the question.
So, your question is: How can you force the station to let you buy air time?
The answer is - you can't.

 

[xylene]

The radio guy does not have to sell you advertising air time.

That is the bottom line, and it doesn't matter if his understanding of the payola law is wrong.

 

[JT Taylor]

To Xylene & Zigner

I appreciate your taking time to reply. Thank you. The station sold us the ad time. Money was paid for the time. Contracts were signed. The program director changed his mind and refunded our money. He explained that he wanted to sell us the time based on the fact that the ad was compliant with FCC guidelines. He wants someone to challenge the 'Payola' interpretation first before he will be comfortable that the station will be free from any liability. I am in agreement with the PD. Therefore, the intent of my question is to mine for ideas that will help me frame my argument and strategy for contesting the law. "Can't do" and "Can't be done" are not options at this point. My team will continue to pursue and fight this issue to its conclusion or resolution. All ideas are welcome.

 

[Zigner]

I appreciate your taking time to reply. Thank you. The station sold us the ad time. Money was paid for the time. Contracts were signed. The program director changed his mind and refunded our money. He explained that he wanted to sell us the time based on the fact that the ad was compliant with FCC guidelines. He wants someone to challenge the 'Payola' interpretation first before he will be comfortable that the station will be free from any liability. I am in agreement with the PD. Therefore, the intent of my question is to mine for ideas that will help me frame my argument and strategy for contesting the law. "Can't do" and "Can't be done" are not options at this point. My team will continue to pursue and fight this issue to its conclusion or resolution. All ideas are welcome.

I must apologize. I should have confirmed what answer you WANTED to hear before giving any advice.