Marc Mysterio / Black Eyed Peas Radio Controversy Goes To The FCC

The Marc Mysterio radio call-in controversy we told you about a couple weeks ago has escalated now with the fan filing a complaint with the FCC. Here is the announcement we received this morning: It has been learned that the caller whom had her voice manipulated by KHTC-FM 96.3 Now has filed a claim with the Federal Communications Commission over the Marc Mysterio / Black Eyed Peas Call In Request Scandal.

A caller wanted to hear Mysterio's song One More Time played on Twin-Cities-based KHTC-FM (Now 96.3fm), then charted as number 24 on their website's Top 40. The presenter thinks better of it and cuts caller Michelle Luftus' voice to make it appear that she was requesting the Black Eyed Peas. [ DJ: "You wanna hear the Black Eyed Peas, right?" Michelle Luftus: �Yeah�" That "Yeah" was taken from Michelle's 5 minute call with the DJ, says Michelle.]

Marc Mysterio then learned of the issue via a message from myspace from Michelle and called the station to confront the host, only to be told "Get Over it and do what you've got to do".

A formal demand for an apology was issued, and Breitbart immediately made the scandal front page news and on their breaking news ticker, while Fox Business, BBC, UK Tabloid Anorak and others followed. Instead of an apology, the station yanked Marc's image from their site, as well as the song from their playlist.

Further press and an interview with US music news site antiMusic.com followed, which was then re-posted as THE Top Story of the week on a number of American Radio Stations Web Sites.

The Station's Program Director, Sam Elliot, has refused to reply or comment on the situation despite inquiries from National Media, as well as The Minneapolis Star Tribune.

Yes.com, a website which is linked to by 96.3 NOW directing listeners to see what songs were recently played (i.e. posts in real time actual spins and chartings based on plays), is presently reporting Marc's 'One More Time' as number 15 on their top 40 with some 45+ spins in the past week,(see: http://www.yes.com/#KHTC?chart ).

On May 11th, 12th, 13th, (etc.), yes.com did not report any spins of 'One More Time' by Marc Mysterio. Then, miraculously after all of the press, it re-appeared and in high rotation! One problem, says Marc, these spins -- at least some of them -- are fraudulent:

"We were sitting waiting in the airport for 5 hours over the weekend, we tuned in and 2 spins of my song were reported on yes.com, that never actually occurred. It seems specious that they would somehow report false spins on this site only after the national and UK press reported that they had pulled the song and directed readers to this yes.com site. I think we are all owed some answers right now as to what the hell is going on over there at KHTC"

KHTC is a station owned by the Pohlad Family whom own the MLB Team, Twins, amongst other businesses and are very generous in donating money and supporting the Minnesota Economy with Jobs.

"We all have great respect for the Pohlad Family and, moreover, The Pohlad's donate to charity more money, each year, then this station is actually worth! These sorts of actions of KHTC and non-transparency of the staff's refusal to acknowledge the press inquiries is very unbecoming of anything I have ever heard of a Pohlad Venture, and I hope they will take the appropriate action to ensure this never happens again. Furthermore, I honestly feel bad that the caller felt the need to go to the FCC -- but given the interlocutory events and the failure to apologize I can understand her position --since it will ultimately be The Pohlad Family that has to answer for this egregious scandal, however, I do agree that something needs to be done here so that other artists, record labels, and callers are never treated like this ever again since this is not a normal practice in radio and has no place in the music business" says Marc Mysterio.

Marc is now currently promoting his new record in Europe, 'Shout It Out' featuring the vocals of Craig Smart which is about to crack radio charts in Italy and makes its debut on Dutch National Radio 538 today, "Craig is a great friend and has a track record second to none. I look forward to concentrating on working hard with Craig in pushing this song together with the label".

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