Pandora Responds To ASCAP Challenge Of KXMZ Purchase
August 13, 2013 at 4:30 AM (PT)
In an opposition to ASCAP's petition to deny its purchase of Hot AC KXMZ (MIX 102.7)/BOX ELDER-RAPID CITY, SD from CONNOISSEUR MEDIA, PANDORA MEDIA told the FCC that ASCAP's filing is "a blatant attempt to draw the FCC into a private dispute regarding music performance royalties, a dispute over which the U.S. District Court for the Southern District of NEW YORK has exclusive jurisdiction."
"ASCAP is trying to entice the FCC into a music royalty fight," PANDORA wrote. PANDORA dismissed ASCAP's characterization of it as incapable of serving the community and called itself "uniquely situated to serve those needs and is committed to continue and expand upon KXMZ's public service after closing."
The filing also called ASCAP's charge that PANDORA had not fully disclosed its ownership and may have hidden excessive foreign control "meritless" and "based on a superficial analysis" of its stockholders, adding that ASCAP's own analysis shows PANDORA under the 20% threshold.
And PANDORA challenged ASCAP's standing to challenge the sale, noting that the music licensing organization is not a competitor or resident of the area and supplied an illegible declaration from resident DAVID LEE BROWN that PANDORA says does not determine whether ASCAP is representing a local interest.