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Five months after an Instagram account first accused New York City radio host DJ Envy of being complicit in a multi-million dollar real estate investment scam in New Jersey, the situation has turned into a sprawling web of lawsuits, countersuits, bankruptcies and media coverage.
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In at least 20 civil cases filed in recent months, dozens of investors claim that Cesar Pina and wife Jennifer Pina, New Jersey developers with famous friends, ripped them off — either through failed house flipping, a stalled apartment development project, or a startup they said would empower small investments in real estate.
Many of those lawsuits, including one filed by music industry veteran Anthony Martini, name DJ Envy (RaaShaun Casey) as a co-defendant, citing close ties to Pina. They claim Envy helped to promote the alleged schemers, including through appearances on The Breakfast Club, his nationally-syndicated hip hop radio show. One case says Envy “aided and abetted” the fraudsters by “using his public likeness as a well-known radio disc jockey to promote their real estate scheme.”
Firing back, Envy says those kinds of allegations are not only false — he says he himself is also a victim of Pina’s alleged scheme — but also defamatory. He’s suing the social media influencer who first publicized the allegations, claiming he “spewed” lies to promote his own real estate business, and he’s demanding to be dismissed from the investor lawsuits.
“They’re sensationalizing this situation,” said Envy’s lawyer, Massimo F. D’Angelo of the law firm Blank Rome, in a phone interview with Billboard. “Envy had no involvement whatsoever. The only reason he’s being dragged into this is because he’s a public figure.”
How did we get here? What exactly are the accusations? And what comes next? Here’s everything you need to know about the growing scandal.
Who is Cesar Pina?
Pina has long pitched himself a real estate guru, frequently posting about his work to a star-studded Instagram page featuring shots of Pina with Snoop Dogg, 50 Cent, Post Malone and Meek Mill. On his website, he says he’s been rehabbing and flipping homes in the Garden State for over a decade; he claims to own 1,100 rental properties in Paterson, N.J., alone.
One of the celebs frequently pictured with Pina was DJ Envy, who for more than a decade has co-hosted The Breakfast Club, a popular hip hop-focused radio talk show on New York’s Power 105.1. And the two had a close public relationship beyond social media: Over the years, Pina has repeatedly appeared on the show as a guest, and he and Envy co-hosted a series of seminars on real estate investing from 2018 onward.
As recently as June 2022, Pina made an appearance on The Breakfast Club to plug an investment platform he was launching called Flip 2 Dao, which would allow users to make small, fractional investments in real estate projects. Throughout the interview, Envy repeatedly touted his relationship with the developer and the value of the new investment tool.
“People always ask, how can I invest with you guys? And we never take anybody’s money,” Envy told listeners. “Now there will be a way where people can actually invest to be a part owner on some of the projects that we actually buy.”
What are the accusations?
Back in May, an Instagram account called TonyTheCloser (real name Tony Robinson) began making serious allegations of wrongdoing against Pina. In a series of videos and live streams, Robinson claimed that Pina had used his celebrity status to defraud numerous people, taking their money to invest in flipping properties with the promise of big profits, but ultimately returning little or nothing.
He also claimed that Envy had played a key role in the fraud by promoting Pina to his listeners. At various times, Robinson called the radio host a “thief,” “criminal,” and “scammer,” claiming he had “stolen millions” from investors and aided a “Ponzi scheme” — an infamous form of fraud in which the perpetrator creates the façade of a real business by paying earlier victims with funds from later victims.
Those social media allegations quickly turned into a wave of civil lawsuits filed in New Jersey state courts.
In a May complaint, a company called Amy Flips claimed it had provided Pena with $500,000 to invest in properties and lost all but $30,000. A month later, attorneys for a New York man named Trevor Roman alleged he was owed $280,000 by Pina and his companies, saying their client was “one of many who fell prey to these fraudulent and deceptive tactics.” In July, a New Jersey man named Paul Peralta claimed that he had given Pina $600,000 in four payments as part of a “Ponzi scheme and investment scam” — and he specifically claimed the scheme had been promoted by “a radio show called The Breakfast Club.”
Martini, the music executive, also filed his case in July. Joined by another spurned investor named Anthony Barone, their lawyers claimed they had lost $1.5 million after Pina duped them into investing in a massive, 50-unit apartment project in Paterson that was never completed, as well as another $300,000 that they invested in the Flip 2 Dao platform.
But they also went a step further, naming DJ Envy as an actual defendant in the lawsuit. They claimed the DJ had not only plugged Pina on the air, but that he had personally attended a pitch meeting with Barone, and that he had joined Pina in leading a guided tour for big-wig investors around his New Jersey properties. Martini and Barone’s lawyers also specifically cited Pina’s June 2022 appearance on The Breakfast Club, in which he plugged Flip 2 Dao.
“But for Casey’s role in lending legitimacy to the real estate investments and portraying himself as a partner to the Pinas, plaintiffs would not have invested their money,” wrote Sean Mack, an attorney at the law firm Pashman Stein Walder Hayden and lead counsel for Martini and Barone.
All told, Pina is currently facing 20 lawsuits, almost half of which have been filed just since the beginning of August; Envy is named as a defendant in nine of those cases. It’s unclear exactly how much money Pina is alleged to owe his investors, but in an August filing, Martini’s lawyers claimed that more than 30 victims had come forward seeking over $40 million.
Pina’s lawyer, Steven Griegel of the firm Roselli Griegel Lozier & Lazzaro, did not return a request for comment from Billboard. But in at least one case against his client, he has argued that Pina’s investor did get their initial investment back — and that by demanding the huge profits they say they were promised, they are actually the ones violating New Jersey law.
“The plaintiff in this case is boldly seeking the court’s assistance to recover [triple] damages and attorneys’ fees for loansharking, even after it has been paid amounts in excess of New Jersey’s criminal usurious laws,” Griegel wrote in one case. “Obviously, the court should not be a part of validating this.”
Despite TonyTheCloser’s claims, there have been no allegations of criminal wrongdoing against either Pina or Envy.
What has DJ Envy said?
Since immediately after the allegations first cropped up in May, DJ Envy has denied that he did anything wrong, including during an interview with TonyTheCloser on an Instagram livestream. He says that he was not directly involved with any of Pina’s deals mentioned in the lawsuits, that he never solicited money from anyone during their seminars, and that he was not aware of any fraudulent activity.
But that hasn’t quieted the growing scandal. On Tuesday, New York’s local NBC affiliate ran an investigative piece under the headline “Real estate rip-off? Radio DJ promoted alleged NJ scheme leaving investors out of millions.” The story included interviews with numerous alleged victims, including a couple who say they invested with Pina “after seeing him on social media with DJ Envy.”
“He’s advertising this all over radio and television, so I thought this was legit,” the victim said in the NBC report. “We invested $200,000 and it looks like we won’t ever get it back.”
On Wednesday, Envy directly addressed the allegations on The Breakfast Club: “Cesar, if he took money, I wasn’t privy to it, nor did I even know. But I do understand how people feel if they did give him money, because I gave him a lot of money [and] I didn’t see a dollar of return. But for anybody to say that I was involved, that’s totally not true.”
In legal filings, Envy’s lawyers have made similar arguments. They say the DJ was also “lured” to invest $500,000 in separate project, meaning he “may be a victim of the Pina’s alleged fraudulent conduct” just like the plaintiffs. And they say that he was not involved in any Pina’s deals with spurned investors, nor made any direct “representations” to anyone regarding those transactions.
“Plaintiffs’ real targets are clearly the Pinas given Mr. Casey’s lack of involvement,” wrote D’Angelo, in a filing on Friday aimed at getting Envy dismissed from Martini’s case. “In an attempt to sensationalize this case, however, plaintiffs included Mr. Casey … as a defendant in this case. Plaintiffs’ conduct is wrongful and has caused, and continues to cause, significant damage to Mr. Casey’s reputation and businesses.”
But what about the fact that Envy repeatedly made public appearances with Pina and invited him onto The Breakfast Club? That’s been a common refrain from victims and other critics, who say the DJ used his sizable public platform to lend legitimacy to a scammer.
Legally speaking, Envy’s lawyers say that behavior simply does not rise to the level of active endorsement or direct involvement that would put their client on the hook for Pina’s alleged scheme. They say the DJ and his show were “used” by Pina, just like other media outlets and celebrities.
“Plaintiffs cannot plausibly or convincingly allege that Mr. Casey’s radio and social media interviews were the sole and principle reason for their investments, rather than the specific misrepresentations made by the Pinas directly to the plaintiffs,” D’Angelo wrote in that same court filing. “Mr. Casey has interviewed thousands of guests on The Breakfast Club, including celebrities and entrepreneurs, who have discussed various topics including their life experiences and businesses.”
DJ Envy has also quietly moved from defense to offense. In a federal lawsuit filed in August, he sued TonyTheCloser for defamation, interference with his business, and invasion of privacy. He claims that Robinson’s allegations against him are false — and that they’re part of money-making scheme to drive attention toward his own real estate business.
“Defendant, knowingly and intentionally, spewed false slanderous and defamatory misinformation about the plaintiff, which has, and continues to severely damage plaintiff,” wrote D’Angelo, who is also repping Envy in that case. “Defendant engaged in this wrongful conduct for the purposes of increasing traffic on his social media sites for his own personal gain in the form of paid advertisements.”
Robinson did not return a request for comment on the allegations.
What comes next?
Two of Pina’s companies, Whairhouse Real Estate Investments LLC and Taylor Court Apartments LLC (the company that administered the 50-unit apartment project in Paterson), have filed for federal bankruptcy since start of August. His wife Jennifer, who is named in many of the civil lawsuits, has repeatedly attempted to file for personal bankruptcy, but has been rejected for procedural defects. Pina himself does not yet appear to have sought bankruptcy protection.
Fearing that they’ll never have a chance to recover their money, some of Pina’s aggrieved investors have already jumped into those bankruptcy cases, demanding that the court appoint a trustee — an independent attorney chosen by the U.S. Department of Justice to oversee the case and make sure that any remaining money is fairly allocated to creditors. And those arguments worked: Last week, U.S. Bankruptcy Judge Rosemary Gambardella ruled in both bankruptcy cases that a Chapter 11 trustee was needed to sort out the messy web of alleged debts and wrongdoing.
That ruling came after attorneys for Pina’s creditors argued that a single combined bankruptcy case, administered by one trustee, would be better than dozens of separate lawsuits at “unraveling of this wide-ranging fraud and the marshalling of assets to satisfy the scores of victims.”
“This will soon become the proverbial race to the courthouse to seize whatever assets remain of the Pinas and their entities,” wrote attorney Mack, the lawyer who represents Barone and Martini in their case against Pina and Envy. “A trustee is needed in this case, and in the cases of the related debtor parties, to organize and efficiently marshal and distribute the remaining assets to the Pinas’ many victims.”
On-air personalities Mary Turner, Bob Grant, Jack “The Rapper” Gibson, Long John Nebel and Terry Dorsey are among 12 radio professionals who will receive the Legends of Radio award from the Radio Hall of Fame. The award recognizes “the talents and efforts of on-air personalities, programmers and operators who contributed with greatness to the radio industry and have since passed away.”
They will be honored at the 2023 Radio Hall of Fame induction ceremony on Nov. 2 at the InterContinental New York Barclay Hotel in New York City. Christopher “Mad Dog” Russo, a 2022 Radio Hall of Fame inductee, will MC the event.
“It’s heartfelt recognition to see these individuals and their career contributions to the radio industry recognized with this induction,” Kraig T. Kitchin, co-chair of the Radio Hall of Fame, said in a statement. “They’ve made a forever impact on the audiences and businesses they interacted with and for that, we’re grateful.”
Dennis Green, the other co-chair of the Radio Hall of Fame, added: “Gone but never forgotten, these Legends of the radio industry deserve to be recognized as Hall of Famers and it is an honor to induct them to the Radio Hall of Fame. From programmers to talent to executives, these individuals are the best of the best.”
Another of this year’s Legends of Radio honorees, Tom Rounds, co-founded Watermark Inc., the syndication company responsible for American Top 40, American Country Countdown and other shows. By coincidence, Shadoe Stevens, who succeeded Casey Kasem as host of American Top 40 in 1988, is one of eight inductees into the Radio Hall of Fame this year.
This year’s seven other Radio Hall of Fame honorees are: John DeBella (WMGK-FM, Philadelphia), Gerry House (WSIX-FM, Nashville), Pat St. John (60s Gold, SiriusXM), Bob Rivers (The Bob Rivers Show), Nina Totenberg (National Public Radio), Deborah Parenti (publisher, Radio Ink) and Charles Warfield (executive).
Here are this year’s recipients of the Legends of Radio award:
Bob Grant – on-air personality
Dave Robbins – programming executive
Ed Christian – executive
Eduardo Caballero – executive
Jack “The Rapper” Gibson – on-air personality/writer
Joe “Butterball” Tamburro – programming executive
Long John Nebel – on-air personality
Marty Glickman – play-by-play host/executive
Mary Turner – on-air personality
Steve Rivers – programming executive
Terry Dorsey – on-air personality
Tom Rounds – executive
Apple Music Radio is coming to Apple Podcasts.
On Tuesday (Sept. 26), Apple announced that Apple Music subscribers will now be able to stream more than 2,500 “musically rich” episodes from Apple Music Radio on its podcasts app.
Apple Music’s original shows air across three global stations — Apple Music 1, Apple Music Hits, and Apple Music Country — and feature such top talent as Zane Lowe (The Zane Lowe Show), Ebro Darden (The Ebro Show, Hip-Hop DNA) and Kelleigh Bannen (Today’s Country Radio, The Kelleigh Bannen Show). It additionally airs artist-hosted programs including Angel Hour Radio with Reneé Rapp, Time Crisis hosted by Vampire Weekend’s Ezra Koenig, OTHERtone featuring Pharrell Williams and Deep Hidden Meaning Radio hosted by Nile Rodgers.
Apple Music’s coverage of the 2024 Apple Music Halftime Show featuring Usher will also be available to Apple Music subscribers on Apple Podcasts.
In addition to Apple Music Radio shows, Apple Podcasts will now also include audio programming for subscribers to other connected apps, including Apple News+, meditation app Calm and “playlearning” app Lingokids. Starting next month, subscribers to several more apps — including Bloomberg, Curio, L’Équipe, Mamamia, Sleep Cycle, The Economist, The Times, The Wall Street Journal, The Washington Post, WELT News and Zen with Apple Podcasts — will be able to connect their subscriptions as well.
Listeners with subscriptions to any of these apps will have those subscriptions automatically connected the next time they open Apple Podcasts. They can also connect their subscriptions manually by signing into their accounts from each app’s channel page on Apple Podcasts. Subscribers will be able to listen across Apple devices, including iPhone, iPad, Mac, HomePod, CarPlay and Apple Watch with AirPods. The company notes that Apple’s latest operating systems — iOS 17, iPadOS 17 and macOS Sonoma — are required to connect subscriptions.
Once subscriptions are connected, listeners can browse all podcasts available to them from the Library tab. They can also learn more information about each show and follow any show for free to automatically download and be notified about new episodes. They will also receive personalized recommendations in Up Next on the Listen Now tab.
Three years ago, the pandemic temporarily turned Nashville recording studios into miniature ghost towns.
The business looks a whole lot different in 2023.
“Every engineer out of work in 2020 is so slammed now that they can’t take a vacation,” says producer Trent Willmon (Cody Johnson, Granger Smith). “I was talking to somebody — I can’t remember who said it — but booking a session, he said he called seven steel players before he found someone available. That means country music is badass, baby. Four years ago, all the steel players were just like, ‘Hey, man, you got any work?’ And now they’re just all overwhelmed.”
A year or two ago, the bulk of that workload would have been a result of artists bringing new material created during COVID-19 isolation to the studio. But the volume of recording work in Nashville hasn’t subsided since that first postcrisis wave, and it appears that another development from the pandemic era is behind the ongoing studio traffic.
Morgan Wallen’s Dangerous: The Double Album rode 30 tracks to a record-setting run atop Billboard’s Top Country Albums chart, which reflects streaming and sales data compiled by Luminate. Following its success, now albums — which were typically 10 to 12 tracks in the past — have become much more robust. A dozen have hit No. 1 since the beginning of 2021, and only two have fit the historic range: Carrie Underwood’s 11-track holiday album, My Gift, and Luke Combs’ 12-track Growin’ Up, which was later revealed as the lead-in to the 18-track companion Gettin’ Old.
The rest of the No. 1 albums have spanned from Underwood’s 13-track gospel album, My Savior, to Wallen’s 36-track One Thing at a Time. Those larger albums obviously utilize more songs, but that also means they require more hours from the artist, producers, engineers, musicians and other crew members. Thus, the country studio business is booming.
“I’m busier than I’ve ever been in my life in terms of workload, and at the same time, it’s fewer artists,” says guitarist Derek Wells, one of country’s first-call studio players. “The reality is your big, premiere artists kind of gobble up weeks and weeks and weeks of your year. And there’s just no room left for some of the newer stuff. It’s not an unwillingness to do it, or lack of a desire to go be amongst some of those things. It’s just kind of first come, first serve.”
While supersized albums are an aggressive way to compete for chart superiority, they also serve as a digital-era method of satisfying artists’ superfans. The maturation of streaming has given consumers quicker access to music by their favorite artists for a set monthly price, rather than compelling them to buy albums. Artists’ biggest fans have always wanted more music. And with home studios and digital recording techniques providing more flexibility, it’s easier than ever to satisfy that hunger.
While the leading acts are supersizing albums, artists with smaller fan bases are releasing EPs with greater frequency, putting out more music than their predecessors often did at a similar career stage to satisfy their own strongest supporters’ demands. The combination of supersized albums and more frequent EPs is stretching the resources in Nashville.
“Work is definitely surging,” Nashville Musicians Union president Dave Pomeroy says. “We’ve more than gotten back to where we were before the pandemic, in terms of [recording contracts] we see coming through the building,”
That makes booking a recording session something of a Rubik’s cube. A producer’s top musician choices will likely not all be available at the same time for a session that wasn’t booked far in advance. That encourages even more overdubbing, with producers doing bare bones tracking dates and hiring musicians to layer on parts at home.
“A lot of the times I’m not doing a full session on my songs,” says Alana Springsteen, who co-produces her music. “We’ll start [recording] things in the room sometimes the day we write the song, I’ll lay down an acoustic, lay down a vocal, one of my co-writers might play the electric, and we’ll lay down a path. Sometimes it looks a little different than a traditional session.”
While it’s possible to record musicians one at a time, many artists still want to use a larger room with the players all working in unison. Many of the established studios have shuttered since 2000 as home recording increased, so now that recording is in a boom cycle, it’s increasingly difficult to find an available large studio. As a result, many individual tracks are recorded in three or four different locations, and a full album may be pieced together at six or more sites.
“It used to be when we’d do a record, if we did three or four different tracking days, it was all going to be in the same room,” says producer Frank Rogers (Scotty McCreery, Frank Ray). “At the end of the day, I put the players first, because if you have the right players, you can go and set up in a living room and still make a really good record. If you got the greatest studio in the world and C [grade] players, then it’s just not going to be what it needs to be.”
Chris Young found a previously untapped studio when he booked Sony Music Publishing’s upgraded facility for the master tracking session on his new single, “Young Love & Saturday Nights.” At the same time, he also has a home studio, and his output there is using engineer hours beyond the traditional venue. Multiply that phenomenon by dozens of artists, and the ramifications become much more apparent.
“It’s sort of insane,” Young says, hinting that his next album may be larger than a traditional project. “I have seven songs for my next record already. And part of it is, I try and write all the time when I’m home [from touring]. I usually write, every single year, 100 songs on top of what I find outside… I’m [taxing the system] a little bit.”
The engineering sector may be stretched thinner than every other area of production.
“With the ease of recording, everybody — half the songwriters in town, and every musician, every producer — is an engineer,” Rogers says. “But the ones who know how to track really, really well or know how to mix really, really well, there’s not a whole lot of them that are great. There’s a lot of good, there’s not much great, and so those guys are as busy as they’ve ever been.”
At the other end of the music chain, the increase in the number of tracks is stretching the infrastructure with radio and digital service providers (DSPs), too.
“There’s always too much music — it’s not manageable on any of the platforms,” says artist consultant John Marks, a former programmer for broadcast radio, satellite radio and Spotify. “Wherever you are today, you cannot manage that traffic, the amount of releases, regardless if you have an album of 12 tracks, or 36 tracks, or 50 tracks. Whatever it is, you are treading water in the ocean.”
The DSPs get thousands of new tracks every week, and while they can make educated guesses about what to playlist from new albums and -individual -singles, fans’ choices will ultimately require programming adjustments. Similarly, traditional country radio stations — which have drawn their playlists primarily from major labels — are increasingly auditioning songs from sources they would not have considered in the past, thanks to digital consumption.
“If Zach Bryan’s new song gets streamed 20 million times, why would I think that radio listeners wouldn’t feel the same way about the song if they were exposed to it?” Cumulus vp of country formats Charlie Cook says. “So then it’s incumbent on me to expose it. When you get 20 million streams on Oliver Anthony or 13 million on Tyler Childers, why am I smarter than them? I’m not.”
Traditional radio still plays one song at a time, no skips, so instead of trying to satisfy every artist’s superfans, its business still requires identifying the songs that fit the widest number of individual tastes. Even if it means sifting through more music to play the same number of songs.
“It’s radio’s opportunity to find the strongest songs and play the heck out of them,” Cook says. “We had a liner for a while that said, ‘We’ll cut through everything that’s out there and find the best music for you.’ And I think that has now become radio’s position.”
The new, longer albums are likely to continue as the artists, and the media that exposes their music, attempt to superserve their most ardent fan base.
“I think it will last, and it will permeate the lower rungs of artistry,” Marks says. “Really, the only way to get to your fans these days is a continual release pattern, keeping in front of your audience and not letting them rest. Listeners and fans want more of whatever they’re finding, and they want it now.”
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In its first legal response to a SoundExchange lawsuit alleging underpayment of $150 million in artist royalties, SiriusXM claimed in a court filing Friday (Sept. 22) that SoundExchange’s numbers rely on a “so-called audit” that was a “flawed and biased examination” and insists the satellite-radio giant “properly calculated its royalty payments to SoundExchange in all material respects.”
The filing, which demands a change of U.S. court venue from Virginia to New York or Washington, D.C., also bashes the royalty collection and distribution service for trying to “justify its existence, lofty executive salaries and luxurious operating style through repeated litigation against its biggest contributor.”
In a phone interview before the filing, George White, SiriusXM’s senior vp of music licensing and royalties, says the SoundExchange lawsuit, filed in August, caught his company by surprise. “We were discussing settlement with them,” adds White, a former longtime major-label executive. “We really took some time to review it.”
White says the lawsuit comes down to a difference of opinion over SoundExchange’s “method of calculating their deduction.” He argues that SiriusXM has paid SoundExchange $5 billion in performance royalties for sound recordings over the last 10 years, and contributed “the vast majority” of the $805 million the service collected last year. “The rhetoric in the suit itself and the press release around the suit seems really unfair and wholly inappropriate,” White says. “In fact, we want to make every effort to ensure everyone is compensated fairly.”
SoundExchange, which collects royalties from webcasters and non-terrestrial radio services on behalf of artists and labels, argued in its Aug. 16 lawsuit that Sirius XM was bundling its satellite radio and streaming service, mixing the revenue in order to improperly reduce its royalty bill. The U.S. government mandates different royalty rates for satellite-transmitted services (like SiriusXM’s traditional satellite radio) and webcasting under so-called statutory licenses, but SoundExchange’s lawsuit declared that “Sirius XM has unjustly enriched itself to the detriment of recording artists and copyright owners upon whose music Sirius XM has built its business.”
In its response, SiriusXM accused SoundExchange of “misguided allegations” and argued a “proper audit” would conclude the company “properly calculated its royalty payments to SoundExchange.” The company also criticized SoundExchange for taking advantage of what it called the Virginia court’s “rocket docket,” which, regional lawyers have said, results in fast-moving cases, little time for discovery and quick resolution.
“We’re very hopeful that we can proceed down the lines of having a productive settlement discussion,” White says. “I would far rather that we had a close relationship with SoundExchange that was about working to grow SiriusXM’s contributions to SoundExchange.”
SoundExchange didn’t immediately respond to Billboard‘s request for comment.
Cody Alan is joining SiriusXM’s The Highway with a new daily show set to launch Monday (Sept. 11).
The new show, titled Highway Mornings with Cody Alan & Macie Banks, will air weekdays from 5 a.m. to 12 p.m. ET on SiriusXM’s The Highway (channel 56), as well as on the SXM app. Alan will also continue to host CMT’s flagship weekly music TV show Hot 20 Countdown.
Highway Mornings with Cody Alan & Macie Banks will offer the latest in country music, pop culture and entertainment, with Alan and Banks interviewing celebrity guests, chatting with listeners and sharing their own personal stories. The new show follows the exit of former The Highway morning show host Storme Warren, who left The Highway earlier this year to join Garth Brooks’s The Big 615 country station with TuneIn.
“Cody is a well-respected and long-time member of the Country music community and we are thrilled to welcome him to The Highway family,” said SiriusXM senior vp/GM of music programming Steve Blatter in a statement. “Cody’s deep roots and connections in country music will keep our listeners’ fingers on the pulse of Nashville every morning as they tune in to Cody and Macie.”
Alan added, “I’m thrilled to be joining the SiriusXM family on The Highway. It will be a fresh start in mornings, with Macie Banks returning soon to join me. I plan to lean into my love for country music and my years of strong relationships in Nashville. The new show will be friendly and fun, and continue with an emphasis on artists and authenticity. After all, real life makes the best country songs, and from my experience, the best on air moments too! Also, I’m very excited to be part of The Highway’s rich tradition of passionately introducing fans to country music’s next generation. I can’t wait to get going!”
During his career, Alan has been named the 2021 national on-air personality of the year by the Country Music Association and has twice been named the Academy of Country Music’s personality of the year. After gigs in South Carolina, Georgia and Florida, Alan made it to the major leagues at age 23 when he landed at KPLX in Dallas-Fort Worth, Texas. Alan was also a nine-time recipient of the country music director of the year award during his tenure in Dallas.
In 2017, Cody made national headlines after coming out as gay. He partners with GLAAD to host the annual Concert for Love and Acceptance and was honored with the 2022 visibility award from the Human Rights Campaign for his efforts in the LGBTQ+ community. The multi-faceted Alan also released the book Hear’s The Thing in 2021, writing about his on-air adventures, his coming out story and the lessons he’s learned from listening to others.
Country music is having a moment; whether it’s a short blip or an enduring bonanza remains to be seen.
In a Country Radio Broadcasters CRS360 webinar, “Moment Us: Leveraging Country Music’s Growth,” executives from three different industry sectors — radio, streaming and touring — grappled with the genre’s precedent-setting achievements, which raise serious questions about why country is popular and how to harness the current momentum.
Jason Aldean’s “Try That in a Small Town,” Morgan Wallen’s “Last Night” and Luke Combs’ “Fast Car” gave country the top three titles on the all-genre Billboard Hot 100 dated Aug. 5 for the first time in history. Oliver Anthony Music’s “Rich Men North of Richmond” joined Wallen and Combs to repeat the feat on the Aug. 26 chart.
There is no single reason for the trend — panelists cited the genre’s sonic expansion, its increasing acceptance among younger fans, better data that allows gatekeepers to respond quickly to consumers’ habits and streaming’s blurring of stylistic lines.
Fans and country platforms “seem to be embracing the fringes of the format a little bit more now, whether it’s sort of the Americana country that Zach Bryan represents or the rock-leaning country that a Jelly Roll represents,” CAA Nashville co-head Marc Dennis said. “Artists like that — that you wouldn’t necessarily have called mainstream country five, six years ago — those artists are bringing fans into the format.”
As country’s face is changing in the marketplace, some of the accepted norms are changing, too. Where country devotees were once reliable followers of all artists in the genre, individual acts increasingly have specific fan bases, and Dennis said he is no longer concerned about keeping 30 days’ distance between competing country concerts in the same market, though he does try to keep separation between on-sale dates for different shows. And with radio listeners tuning in stations for shorter spans, programmers are less concerned about the gap between repeat spins from the same act.
“If the average tune-in is 11 to 15 minutes, the idea that we’re going to artificially say, ‘Well, we’re only going to play X artist every hour and 15 minutes,’ that seems very shortsighted,” WIRK West Palm Beach, Fla., operations manager/PD Bruce Logan said.
Artists are bubbling up from more sources — including TikTok, YouTube and a variety of playlists — and they also have more corporate opportunities, with fashion and food brands courting their endorsements alongside the prototypical trucks, boots and beers.
But the popularity is accompanied by concerns. Aldean’s “Small Town” video and a Wallen incident from 2021 put a spotlight on racism. Far-right media and conspiracy theorists quickly championed Anthony, though he has claimed political neutrality. Executives have privately lamented the possibility that country’s short-term popularity may feed long-term negative perceptions about it at a time when the industry is trying to diversify.
“We’re going to see more of these hot-button moments in country music,” Spotify Nashville head of editorial Rachel Whitney said. “There’s a lot of questionable history in the genre, and it’s really important that we all kind of do our homework, in a way, and make sure that what we do going forward is creating a welcoming space.”
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Garth Brooks, who launched his own Sevens Radio Network through streaming platform TuneIn in June, announced the second station under his umbrella today: Tailgate Radio, which will blend music and sports.
Hosted by sports commentator and producer Maria Taylor, Tailgate Radio’s launch is timed to the start of the 2023 college football season. While the station will not air the games — TuneIn provides access to live play-by-play from more than 100 Division 1 colleges and universities on other channels — Tailgate Radio will provide pre- and post-game entertainment for sports fans.
“This is one of those ideas someone says, ‘Why didn’t we do this a long time ago?’” Brooks said in a statement. “This combines everyone’s passion for sports and music. It also allows you to enjoy your tailgate, barbeque or poolside party without doing the work. There’s so much music on this channel, Tailgate Radio will be everyone’s favorite.”
Tailgate Radio, which will air 24/7, is kicking off with specific programming including Tailgate Top 20 with Maria, a weekly countdown hosted by Taylor that will highlight the 20 biggest songs across all genres from a specific year as well as tying them in with the biggest sports stories from that year. Elsewhere, Block Party will be a Saturday night four-hour mixshow featuring contemporary music from artists ranging from Luke Combs to Beyonce to Eminem. And Tailgate Takeover will feature celebrities, artists and athletes as guest hosts, allowing them to talk about the music and playlists that help them set their favorite vibe; Brooks will host the first edition.
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Taylor and Brooks previously partnered on her middle school mentoring program for girls, PowHER, which linked with his foundation, Teammates for Kids. “Working closely with Garth and his foundation as we created the PowHER program has been nothing short of amazing,” Taylor said in a statement. “And now, we are embarking on Garth’s extraordinary vision to connect sports and music fans with Tailgate. It’s such an honor to be chosen by greatness to be a partner in the radio space.”
In June, Brooks bowed Sevens Radio with country music channel The Big 615. At the time, he noted that Sevens Radio would, appropriately enough, eventually offer a suite of seven stations. At the press conference for The Big 615, Brooks also stressed the appeal of TuneIn’s international aspect, saying the global reach was his “favorite thing” because it allowed the station to present undiluted country music: “If we go across the water, they ask you immediately to take the [pedal] steel and fiddles off your country music. Ain’t going to happen here.”
TuneIn claims more than 75 million monthly listeners across more than 100,000 stations. Its sports partners include the NFL International, MLB, NHL, NASCAR (Motor Racing Network & Performance Racing Network), Formula 1, IndyCar Radio, US Open, talkSPORT, ESPN Radio and college sports partners (Westwood One, Learfield, Playfly Sports, JMI Sports, Van Wagner and Clemson Athletic Properties).
On Aug. 14, days after Oliver Anthony performed before thousands at the Morris Farm Market in Currituck County, N.C., Mike “Moose” Smith did something he hadn’t done in 40 years. The program director for 97.3 The Eagle, in nearby Norfolk, Va., aired the unknown singer-songwriter’s viral smash — “Rich Men North of Richmond” — once every hour. “That was called the Special Oliver Anthony Rotation,” Smith says. “My general manager called on Sunday and said, ‘What do you know about this guy?’ My music director was on vacation. I hand-scheduled it.”
“Rich Men,” a twangy country-folk song recorded on a single microphone somewhere on Anthony’s land in Farmville, Va., rails against high taxes and “the obese milkin’ welfare” and has become a conservative anthem, championed by Joe Rogan, Breitbart and country star John Rich. In the week of Aug. 17, it streamed 17.5 million times and sold 147,000 downloads, according to Luminate. Based on downloads and streaming alone, the song debuted at No. 1 on Billboard‘s all-genre Hot 100 chart. Some country radio stations have picked “Rich Men,” giving it 553,000 airplay audience impressions despite zero promotion the week of Aug. 17. From Aug. 18 to Aug. 21. If the radio-playlist trend continues, the track should make its debut on Billboard’s Sept. 2 Country Airplay chart.
Few radio stations, including 97.3 The Eagle, add new artists to their playlists — especially those with no label promoting it– but listeners were calling in to request Oliver’s track. “It makes it hard to ignore,” Smith says. “If our audience wants it, it’s our job to give it to them.”
Not every station has succumbed to the viral hype. The song has a rickety feel — not exactly a seamless transition from the slick Morgan Wallen and Luke Combs hits atop Billboard‘s Country Airplay chart. And “Rich Men” has been politically divisive, with progressive pundits decrying its conservative populism. Bruce Logan, operations manager for Hubbard Radio in West Palm Beach, Fla., hasn’t added it to his stations’ playlists. “We are talking about how we should approach it. It’s unusual,” he says. “In theme, it is certainly working man/woman blue-collar, which the format has a long history with. Sonically, it is closer to bluegrass than mainstream country.”
In San Jose, Calif., streaming-only country station KRTY hasn’t picked it up, either, because the track is unfamiliar and Anthony has no experience as a recording or touring artist. The station seldom jumps on hyped-up hits from American Idol or The Voice, according to GM Nate Deaton, its general manager.
“From a radio standpoint, that kind of thing is not really what we do best. I’ve never been big on the following-the-trend thing,” Deaton says. “We’ve always played songs we’ve believed in, too, and I’m not necessarily sure I believe in this song. I’m not necessarily sure it’s better than what I’m playing. Whose place do I take in the playlist?”
But some stations, big and small, have been comfortable with Anthony’s organic, do-it-yourself stardom, adding “Rich Men” to playlists within weeks of its release. Several stations owned by radio chain Audacy, including KMLE Country 107.9 in Phoenix and 100.7 The Wolf in Seattle, have given the track more than 25 spins apiece since it first aired Aug. 14. Stations owned by iHeartMedia and Cumulus have jumped on it less frequently, according to Mediabase. (An Audacy rep declined comment; iHeart’s rep did not respond to a request.)
Although he did not respond to follow-up questions about adding the song to stations’ playlists, Charlie Cook, vp country for broadcast chain Cumulus, said in a statement: “Americans are looking for answers to problems they encounter every day. While this song doesn’t offer solutions to those problems, it does verbalize the issues and has given listeners an opportunity to hear about their frustrations in a collective situation. Most of them can say, yeah, that’s how I feel, and they become part of a bigger movement to help them have a voice.” Just a few Cumulus stations have added “Rich Men,” beginning with New Country 101.Five in Atlanta, which spun it six times from Aug. 18 to Aug. 21.
In Santa Maria, Calif., Sunny 102.5 quickly added “Rich Men” on a “light” rotation of 20 spins per week — shortly after airing Jason Aldean‘s just-as-hyped-and-divisive track “Try That In a Small Town” (and, in the early 2000s, music by The Chicks after right-wing listeners burned the country trio’s CDs for criticizing President Bush and the Iraq War).
“If you don’t play it, you’re censoring the airwaves, I say,” says Jay Turner, program director for the station owned by smaller California-and-Southwest chain American General Media. “We’ve gotten very little, if any, pushback on either Jason Aldean or ‘Rich Men.’ None at all. I can’t see anybody pushing back on ‘Rich Men,’ because it’s real. It’s $5.25 to buy gas in Santa Barbara.
“My guess is it’s going to flash fast and it’s going to end fast. Stations aren’t going to be playing it forever. It’s not going to be in malls,” Turner continues. “It just sounds like hillbilly hick stuff. You put it up against a Maren Morris record, or a pop record, it sounds like you’ve gone back 30 years in time. But it’s a freaking great song. He’s pouring his heart out.”
While the Radio Music Licensing Committee awaits an appeals court decision in its so-far unsuccessful attempt to combine rate court proceedings with ASCAP and BMI under a single judge, the trade group has filed federal petitions to begin the processes separately in the Southern District of New York.
Usually, such rate proceedings petitions are initiated after negotiations between the performance rights organizations and the RMLC prove fruitless. Under these petitions, the PROs will each make the case for what rate it thinks their songwriters and publishers are entitled to receive when their songs are played on the radio. This time out, for the period of 2022-2026, the RMLC is seeking to maintain the same rates it had under the prior agreement which covered 2017-2021.
In July 2022, the RMLC tried to get ASCAP and BMI combined into a single rate proceeding, thus showing its hand that it felt rate negotiations had failed. For decades, each PRO had its own separate rate proceeding, but about seven or eight years ago, the RMLC began a new rate court strategy of trying to assign market share to the four U.S. PROs — ASCAP, BMI, SESAC and Global Music Rights — in attempt to keep the rates in parity with market share, irrespective of each PRO’s song catalog. In filing its petition to consolidate the rate proceedings to the Southern District of New York, which oversees both rate proceedings and the ASCAP and BMI consent decrees, the RMLC said the act was justified by the Music Modernization Act of 2018 that changed how the the Southern District assigns the rate court proceeding.
The step to combine the rate proceedings into one was seen by some music industry executives as a further attempt to pursue that rate strategy. Having a single judge, instead of bifurcated rate court proceedings, could benefit the RMLC because it would likely pit BMI and ASCAP against each other, vying for a higher rate than the other with both PROs arguing over market share.
But in May this year, Southern District Court Judge Stanton ruled against the RMLC’s consolidation petition so the radio trade group subsequently appealed that decision. The Second District Appeals Court has yet to issue a ruling on the RMLC motion, but in the meantime, the RMLC is getting the ball rolling with the rate court by filing amended petitions on BMI on Aug. 10 and on ASCAP on Tuesday.
Despite filing petitions for the two rate court proceedings, the RMLC petition for the ASCAP rate court proceeding says that if the Second Circuit Appeals Court ultimately agrees with the RMLC position to combine the two rate court proceedings into one, “it reserves all rights at the appropriate time” to pursue a unitary action against ASCAP and BMI.
The ASCAP rate proceeding covers the current five-year term which began on Jan. 1, 2022. In the prior term (2017-2021), RMLC said it paid a combined 3.51% of net revenue as a royalty pool for the two PROs, with ASCAP getting 1.73% of that based on market share claims it made at the time — which the RMLC now says was “a representation that turned out to be false.” Meanwhile, BMI received 1.78% of radio stations’ net revenue.
Nevertheless, in May 2022, according to the petition, the RMLC asked ASCAP and BMI if they would be willing to roll forward the combined 3.51% of net revenue royalty pool, provided that ASCAP and BMI would agree on a mechanism for assessing each of their market shares.
Although the rate level would be the same, the RMLC implies it is actually an increase because the combined ASCAP and BMI share of total performances on RMLC stations likely has diminished since when the prior agreements began, the RMLC argues in its petition.
Meanwhile, it looks like BMI is requesting a rate increase from 1.78% to 2.95%, according to what the RMLC states in the BMI petition; while the RMLC ASCAP petition doesn’t disclose the rate ASCAP is seeking.
The RMLC didn’t immediately respond to a request for comment.
“The RMLC would rather continue to waste time and money on expensive litigation than simply paying songwriters a fair royalty for the use of their music,” ASCAP CEO Elizabeth Matthews said in a statement. “It’s not that complicated. Simply treat music creators who support your successful and profitable businesses with dignity and respect and everyone wins.”
While the PROs and the RMLC wait for the rate court proceedings to make a determination, all parties have agreed to an interim rate that allows radio to continue to play music without copyright infringement.
