Disappearing Voices

To my beautiful Black brothers and sisters,

For the last couple of months Bob Law has been circulating lies about us stealing a movie.

As filmmakers we’re baffled as to why we would steal a film from somebody who is not a filmmaker and does not have a studio or any filmmaking equipment. I’m just curious as to when the theft occurred (in reality he owes us approximately $97,000 if this is indeed his film). Was it before or after we promoted him at screenings and on radio shows, put his name on printed materials and on our website along with his bio and photo and gave him vanity credit as a producer even though he didn’t contribute money to the making of the film? In fact, his sole financial contribution consisted of half of the cost of a teleprompter that was only needed so that he could deliver his lines properly. What kinds of thieves run around making their victims look good?

It’s interesting that the claim that we “hijacked” this film from Bob Law happened when the public began to take notice of Disappearing Voices and showed tremendous enthusiasm and anticipation for it. This at the same time that the NY State Attorney General hauled Arbitron into court over the Personal People Meters mentioned in our film.  Mind you this is something he was not able to do on his own and he’s been in radio for years.

The claim of thievery is confusing, especially since the film hasn’t been distributed yet and he has no ownership rights. In fact, I suspect that it may all be a ruse to cover up a far more sinister agenda.

My suspicion stems mainly from the ridiculousness of Bob’s assertions. They’re just plain dumb. Before all this, I would have sworn up and down that Bob Law is far from dumb. Well, my father always told me that when smart people do dumb things be careful. Something else is going on.

When I first heard that Bob was saying these things I ignored and dismissed it because I thought someone was just trying to throw stuff in the mix.

But when we got a letter from his attorney (who failed to do her due diligence) the day before the film was supposed to be screened (perfectly timed it would seem) demanding that we stop showing the film, that we had infringed upon copyrighted material, we were thrown for a loop.

So why did he do it? Well, we need to ask ourselves who would benefit by the failure of this film. Who would have an interest in this film not being seen or distributed?  Arbitron? Clear Channel? Mainstream media? All of the above? And they all certainly have the means to persuade weak-minded individuals to go along with them in exchange for promises. Why would Bob not want the truth to finally be told? He never got this far with the issue before.

Signs indicate that Bob has been compromised. No other explanation makes sense.

The idea that we stole something from him is preposterous and everyone knows it. And even if they don’t know they should know better.

For the record Bob Law is not the epitome of radio. Bob’s experience and contributions in radio are by no means definitive. There are people who came before him and who came after. And there are people today who have done even more for positive radio, who we have included in this film.

So, in light of all the drama we nipped it in the bud.

Bob Law has been dropped from the final version of Disappearing Voices – the Decline of Black Radio. The film will no longer feature narration written or performed by Bob Law.  We are pleased and proud to announce the upcoming release of Disappearing Voices – The Decline of Black Radio - Directed by U-Savior, narrated by radio legend Wayne Gillman (WBLS, Air America), with narration written by Iyanna Jones (The Ghetto Chronicles, Eyes of Xhosa) and additional interviews with:

Bernard White - Program Director at WBAI Community Radio

Jonathan Adelstein - FCC Commissioner

Alec Foege - Rolling Stone Magazine contributor and author of Right of the Dial - The Rise of Clear Channel and the Fall of Commercial Radio

Dr. Kristal Brent Zook - Author of I See Black People - The Rise and Fall of African American Owned Television and Radio

Marcus Reeves - Author of Somebody Scream – Rap Music’s Rise to Prominence in the Aftershock of Black Power

Ralph Poynter - Activist and P.I. for the infamous Larry Davis case

Sonny B. Southerland - Legendary 91.5 WNYE Community Radio Broadcaster/Engineer and Advocate.

So there you have it. These are the facts as to why he’s not in the film. Straight from the director’s mouth.

My final observations are that it’s a shame when people take kindness for weakness. It’s even more of a shame when these things happen in the movement, as if we don’t have real problems we should be addressing.

And for all of Bob’s friends who think he’s right and beyond reproach or who simply feel compelled to show loyalty because they’ve known him so long, here’s a quote from Octavia Butler:

Choose your leaders with wisdom and forethought

To be led by a coward is to be controlled by all that the coward fears

To be led by a fool is to be led by the opportunists who control the fool

To be led by a thief is to offer up your most precious treasures to be stolen

To be led by a liar is to ask to be lied to

To be led by a tyrant is to sell yourself and those you love into slavery.

And for people who wondered why we took so long to respond: we were hard at work and we were still hoping in the back of our minds that he would come to his senses and eventually apologize for besmirching our name.

I guess he has so much invested in his ridiculous lies that he thinks there’s no turning back. It’s never too late to do the right thing, Bob.

Thanks to all who knew about this and called us to extend and declare their support.

Thanks to certain folks who didn’t say I told you so when they had every right to.

Thanks to the film festivals that didn’t buckle when they received bogus phone calls from Bob accusing us of stealing.

Wow. For Bob to stoop to this level, business must be really bad at the Seafood Café.

Revolution then peace,

NEW YORK — October 3, 2008: Arbitron has responded to New York Attorney General Andrew Cuomo’s letter saying he intends to sue Arbitron over the Portable People Meter rollout in New York with a statement that reads:

“Arbitron is disappointed that the State of New York Office of the Attorney General has stated its intent to pursue litigation in an effort to stop the implementation of Portable People Meter — a measurement tool that is supported by a majority of the radio industry. We intend to vigorously defend the company and its interests. We also fear that the radio industry will suffer continued harm and be placed at a competitive disadvantage if PPM is delayed further.

“After many years of market trials, and almost two years of commercialization, the PPM is providing more timely and detailed insights into the behavior of radio audiences. These insights have already been used with demonstrated success by radio programmers, including those at Urban and Spanish-language stations.

“Radio broadcasters, radio advertisers, and Arbitron all have an important stake in the transition to electronic measurement. At Arbitron, we appreciate the role that all segments of the radio industry must play during this transition. We reaffirm our commitment to working with all radio broadcasters, agencies, and advertisers to facilitate industry-wide success in an electronically measured world.”

Cuomo’s office is accusing Arbitron of making misleading public representations about, among other things, the fairness and reliability of the PPM, of withholding adverse information on the PPM from shareholders, and of attempting to commercialize the PPM “without addressing methodological flaws which disparately impact racial and ethnic minorities,” in violation of New York’s civil rights laws.

NEW YORK — October 3, 2008: In a letter to Arbitron Chairman/President/CEO Steve Morris and EVP/Chief Legal officer Timothy Smith, New York Attorney General Andrew Cuomo says his office intends to sue Arbitron “to enjoin unlawful and deceptive practices in which Arbitron plans to engage, has engaged and/or continues to engage.”

These practices, says the letter, “consist of engaging or planning to engage in repeated and persistent fraudulent and illegal business practices in connection with the marketing and planned commercialization in New York of the Portable People Meter (’PPM’) methodology.”

Cuomo notes that Arbitron has announced plans to commercialize the PPM methodology in New York on October 8, and says meeting that date “is directly tied to performance-based non-equity compensation for the executive staff of Arbitron.” He continues, “However, the PPM methodology Arbitron intends to use beginning on October 8, 2008 in New York has not been accredited by the Media Rating Council, the primary accrediting agency for ratings services in the United States, and appears to contain design flaws that will disproportionately impact minority communities, broadcasters, and businesses.”

Cuomo says a “significant and improper decline in ratings under a PPM system would cause minority stations to suffer drastic reducttions in advertising revenues,” which would “distort the marketplace and severely harm and possibly destroy minority broadcasting in New York.”

Specifically, Cuomo says the methodology doesn’t adequately represent young African American and Hispanic listeners; does not “appropriately account” for cellphone-only households, impacting the representation of young and minority listeners; doesn’t adequately account for non-English speakers; and does not “employ adequate recruitment methods to accurately represent and assess the diversity of minority listenership.” Cuomo also says the PPM “does not provide sufficient geographic granularity, as well as income and country-of-origin data to permit accurate assessment of minority radio listenership.”

Cuomo accuses Arbitron of making “public representations that create the misleading impression that the PPM methodology for New York is fair, reliable, and fully represents the diversity of New York radio markets” and of making representations that created a “misleading impression that the PPM methodology is accredited in New York.”

His letter also claims Arbitron made representations to shareholders about the reliability and scheduled commercialization of the PPM methodology but “failed to disclose material adverse information about the PPM methodology”; and that the company disseminated “false and misleading advertising materials” that gave allegedly misleading impressions about the PPM’s fairness and validity.

Cuomo also says Arbitron’s attempt to commercialize the PPM in New York “without addressing methodological flaws which disparately impact racial and ethnic minorities” is a violation of the state’s civil rights law.

The letter, dated October 2, offers Arbitron five days to show why proceedings should not be instituted against it.

FW: Eliot Spitzer on  Bush Administration . . . Partner in Crime with Banks How the Bush Administration Stopped the States From Stepping In to Help Consumers

By Eliot Spitzer

Several years ago, state attorneys general and others involved in consumer protection began to notice a marked increase in a range of predatory lending practices by mortgage lenders. Some were misrepresenting the terms of loans, making loans without regard to consumers’ ability to repay, making loans with deceptive “teaser” rates that later ballooned astronomically, packing loans with undisclosed charges and fees, or even paying illegal kickbacks. These and other practices, we noticed, were having a devastating effect on home buyers. In addition, the widespread nature of these practices, if left unchecked, threatened our financial markets.

Even though predatory lending was becoming a national problem, the Bush administration looked the other way and did nothing to protect American homeowners. In fact, the government chose instead to align itself with the banks that were victimizing consumers.

Predatory lending was widely understood to present a looming national crisis. This threat was so clear that as New York attorney general, I joined with colleagues in the other 49 states in attempting to fill the void left by the federal government. Individually, and together, state attorneys general of both parties brought litigation or entered into settlements with many subprime lenders that were engaged in predatory lending practices. Several state legislatures, including New York’s, enacted laws aimed at curbing such practices.

What did the Bush administration do in response? Did it reverse course and decide to take action to halt this burgeoning scourge? As Americans are now painfully aware, with hundreds of thousands of homeowners facing foreclosure and our markets reeling, the answer is a resounding no.

Not only did the Bush administration do nothing to protect consumers, it embarked on an aggressive and unprecedented campaign to prevent states from protecting their residents from the very problems to which the federal government was turning a blind eye.

Let me explain: The administration accomplished this feat through an obscure federal agency called the Office of the Comptroller of the Currency (OCC). The OCC has been in existence since the Civil War. Its mission is to ensure the fiscal soundness of national banks. For 140 years, the OCC examined the books of national banks to make sure they were balanced, an important but uncontroversial function. But a few years ago, for the first time in its history, the OCC was used as a tool against consumers.

In 2003, during the height of the predatory lending crisis, the OCC invoked a clause from the 1863 National Bank Act to issue formal opinions preempting all state predatory lending laws, thereby rendering them inoperative. The OCC also promulgated new rules that prevented states from enforcing any of their own consumer protection laws against national banks. The federal government’s actions were so egregious and so unprecedented that all 50 state attorneys general, and all 50 state banking superintendents, actively fought the new rules.

But the unanimous opposition of the 50 states did not deter, or even slow, the Bush administration in its goal of protecting the banks. In fact, when my office opened an investigation of possible discrimination in mortgage lending by a number of banks, the OCC filed a federal lawsuit to stop the investigation.

Throughout our battles with the OCC and the banks, the mantra of the banks and their defenders was that efforts to curb predatory lending would deny access to credit to the very consumers the states were trying to protect. But the curbs we sought on predatory and unfair lending would have in no way jeopardized access to the legitimate credit market for appropriately priced loans. Instead, they would have stopped the scourge of predatory lending practices that have resulted in countless thousands of consumers losing their homes and put our economy in a precarious position.

When history tells the story of the subprime lending crisis and recounts its devastating effects on the lives of so many innocent homeowners, the Bush administration will not be judged favorably. The tale is still unfolding, but when the dust settles, it will be judged as a willing accomplice to the lenders who went to any lengths in their quest for profits. So willing, in fact, that it used the power of the federal government in an unprecedented assault on state legislatures, as well as on state attorneys general and anyone else on the side of consumers.

New Jersey AG Issues PPM Subpoena

TRENTON, NJ — September 15, 2008: New Jersey Attorney General Anne Milgram’s office has issued a subpoena to Arbitron — which the office calls “the monopoly provider of ratings service to U.S. radio stations” — seeking information on the Portable People Meter. Milgram’s office says it issued the subpoena “concerning allegations that [Arbitron's] new method for measuring radio station listenership in New Jersey is flawed, statistically unreliable, and undercounts the listening habits of minority consumers.”

The announcement from the New Jersey AG’s office says, “When sampled in the Philadelphia-New Jersey and New York-New Jersey markets, the PPM methodology was denied accreditation by the Media Rating Council, a non-government entity that tests audience ratings for media. In addition, in markets where the PPM system has been sampled, ratings for minority stations have declined.”

The subpoena seeks documents concerning the PPM sampling in Houston (where the PPM is accredited by the MRC), New York, Philadelphia, and New Jersey, submissions by Arbitron to the Media Rating Council regarding accreditation, and correspondence between Arbitron and advertisers or radio broadcasters regarding implementation of the PPM.

Sen. Robert Menendez (D-NJ) applauded Milgram for her decision to subpoena the Arbitron data, saying, “Radio stations are important parts of every community, and systematically inaccurate listenership numbers for any particular community affects the type of news and information that people should be able to rely on.”

Menendez also praised the New York City Council for raising questions about the PPM and said, “At the very least, it is critical that Arbitron provide a service that accurately and consistently measures listening preferences and habits of all audiences regardless of color, race, gender, culture or socioeconomic status. There is simply too much at stake for too many underserved communities.”

FOR IMMEDIATE RELEASE

Date: August 1, 2008
Contact: Jen Howard, Free Press, (202) 265-1490, x22 or (703) 517-6273

WASHINGTON — Today, the Federal Communications Commission voted to punish Comcast, the nation’s largest cable company, for blocking users’ access to the open Internet. In a landmark decision, FCC Chairman Kevin Martin and Commissioners Michael Copps and Jonathan Adelstein approved an “enforcement order” that would require Comcast to stop blocking and publicly disclose its methods for interfering with Internet traffic.

Tests by the Associated Press and others showed that Comcast blocks users’ legal peer-to-peer content by sending fake signals that cut off the connection between file-sharers. Today’s decision follows an exhaustive FCC investigation, launched in response to a complaint from Free Press and Public Knowledge urging the federal agency to stop Comcast’s blocking.

Josh Silver, executive director of Free Press, issued the following statement:

“The FCC’s bipartisan decision to punish Comcast is a major victory. Defying every ounce of conventional wisdom in Washington, everyday people have taken on a major corporation and won an historic precedent for an open Internet.

“Comcast’s history of deception and continued blocking show contempt for the online consumer protections established by the FCC. We commend Chairman Martin and Commissioners Copps and Adelstein for standing up for Internet users and working across party lines to protect free speech and the free market.

“Today’s order makes it clear that there is nothing reasonable about restricting access to online content or technologies. Moving forward, this bellwether case will send a strong signal to cable and phone companies that such violations will not be tolerated.

“But the fight is far from over. A duopoly market — where phone and cable companies control nearly 99 percent of high-speed connections — will not discipline itself. We look forward to working with the FCC and Congress to ensure proactive measures keep the Internet open and free of discrimination, and accessible to all Americans.”

Arbitron To Add Cell-Phone-Only Households In 125 Diary Markets

NEW YORK — September 15, 2008: Arbitron has announced an expansion to its program for improving sample quality in diary markets, with plans designed to bring more 18-34-year-olds into the mix.

The plans are to add cell-phone-only households to the sample in 125 diary markets, beginning with the fall 2009 survey; increase cash and other incentives for persons 18-34 while reducing incentives for age 55-plus-only households in all diary markets, beginning in spring 2009; and accelerate the deployment of electronic and online alternatives to the paper-and-pencil diary in all markets.

“Continually enhancing the quality of our samples, surveys and reports is a priority for Arbitron,” said Arbitron Chairman/President/CEO Steve Morris. “While our improvements in PPM markets have been getting the headlines in the past months, we have also been working to expand the scope of our efforts for diary markets. We’re grateful to the Arbitron Radio Advisory Council, the Small Market Owner Operator Caucus and many radio group owners for their participation, which has helped us set our priorities and shape the programs we are unveiling today.”

The list of 125 markets that will add cell-phone-only households in fall 2009 hasn’t been finalized, but Arbitron said its goal is to eventually sample those households in all markets. The company said the timing of further deployment of cell-phone-only sampling will be informed by the results of the implementation next fall. PPM samples already include cell-phone-only households.

“The number of households that have ‘cut the cord’ and can be reached only by cell phone has risen steadily,” said Arbitron President/Technology, Research & Development Owen Charlebois. “People who live in homes that can only be reached by cell phone are more likely to be between the ages of 18 and 34. By including cell-phone-only homes in the sample frame, we will be better able to improve young-adult proportionality in diary markets.”

The spring 2009 redistribution of incentives to households with an 18-34-year-old member is contingent, Arbitron said, on a “live test” that will be conducted in selected markets during the fall 2008 survey, with part of each test market’s sample getting the new approach.

Arbitron President/Sales & Marketing Pierre Bouvard said, “Before we begin the rollout of cell-phone-only sampling, we plan to give all diary markets the benefit of increased financial incentives for 18-34-year-olds. Along with other improvements introduced earlier this year, such as young-male promised incentives and second-chance diaries, our goal is to produce an immediate and measurable improvement in the proportionality of 18-to-34-year-olds in diary markets.”

Arbitron is also moving to design Web-based data-collection tools that can replace the paper diary as its primary means of collecting data. The company said work has begun on designing the approach, with methods and feasibility tests being scheduled for 2009. Ultimately, Arbitron said it intends to make the Web-based tool a “first choice,” especially for younger respondents, while there’s still an option for telephone interviews or paper diaries for older respondents.

“Web-based data collection is a promising tool when it is used with accepted probability sampling techniques,” said Arbitron SVP/Chief Research Officer Bob Patchen. “We are focusing on approaches that emphasize online participation, while giving less Web-savvy consumers the choice of more conventional alternatives.”

AHAA Calls Arbitron NYCC Testimony ‘Inaccurate,’ ‘Contradictory’

McLEAN, VA — September 12, 2008: The Association of Hispanic Advertising Agencies gave its assessment of Arbitron’s testimony before the New York City Council in a release late yesterday, saying, “Arbitron stood in front of the New York City Council and made both inaccurate and contradictory statements.”

The AHAA states that it has “no issue with the PPM instrument” and continues, “The problem is the methodology: the accurate representation of the Hispanic listening audience.”

In his testimony at a hearing of the New York City Council, Arbitron President/CEO Steve Morris said Arbitron is “not changing the fundamental, decades-old technique we use to recruit our respondent samples.”

The AHAA responds, “Arbitron continues to defend its position by simply stating that they are using the ‘decades-old methodology’ that was applied to the diary instrument. This is the problem. As any good researcher knows, the approach to data collection must be constantly reevaluated to meet the needs of a changing marketplace.”

Additionally, the AHAA says, “What is even more concerning are the conflicting comments made later in Arbitron’s testimony stating that this methodology has been improved over the years. Which one is it? Is Arbitron using decades-old methodology that they are standing by? Or has it indeed been improved over the years? If so, how?”

The organization continues, “Based on the assessment of the methodology by broadcasters, agencies, and other organizations, there remain significant gaps in the accurate representation of the ethnic communities.”

Morris showed sample diary pages at the hearing to demonstrate long and uninterrupted blocks of listening by ethnic listener and said, “If we are to take these and other diary pages literally, we would have to believe tha tno one ever goes to a meeting, no one ever turns down the radio to talk on the phone, and no one ever steps outside for a breath of fresh air.”

The AHAA responds, “If these diaries are the typical responses that Arbitron has received, what if anything has Arbitron done to better educate respondents? Why did they continue to utilize diaries that they felt were overstating listenership?”

The AHAA says stakeholders in the Hispanic advertising industry have had issues with Arbitron sampling size and methodology for many years — “the same issues that are shared by a much wider group of organizations.” The PPM, it says, has exacerbated the “discrepancies.”

The group also said Morris’ statement that “broadcasters of all formats, including Urban and Hispanic, who have embraced PPM have improved their audiences and standing in the marketplace” was “completely false,” pointing to PPM ratings as reported by Crain’s New York Business that showed Urban WRKS, number 1 25-54 in spring 2008, came in fifth in the August PPM, while Urban WBLS fell from number 2 to number 11, and Spanish-language WSKQ dropped from a tie for second to sixth.

“We urge Arbitron to listen and act, rather than try to defend current and outdated practices,” the AHAA says. “The Hispanic advertising and broadcast industry is a community that is willing, ready, and able to work with Arbitron to rectify this damaging initiative. Our time is much better spent working together to solve the problems rather than continuing to restate our positions with the same apathetic response.”

My beautiful Black brothers and sisters,