When the Spitzer investigation into payola put an end to a decades-old practice, it was thought by some -- not all -- that it marked the beginning of a new future for radio. It was supposed to offer greater opportunity to lesser know artists previously kept from playlists by insufficient funds. "With a level playing field, the airwaves can better reflect the impact of indie labels and artists," said Don Rose of the American Association of Independent Music.

Or maybe not...at least for the time being.

The LA Times' always solid Charles Duhigg has found the opposite is happening: radio programmers are less likely to play new artists for fear of drawing regulatory scrutiny. Amazing. And to make it harder to track their playlists, some stations are prohibiting their programmers from making their playlists public.

"'Without such 'pay for play,' Spitzer argued, consumers would hear the music that programmers liked best, rather than tunes that the major record labels bribed deejays to air. But Spitzer's crusade may be having the opposite effect. Many programmers say that fear of regulatory scrutiny has scared them into airing fewer new songs. Instead, many stations are sticking to older, more tried-and-true tunes that seem less likely to prompt speculation that money changed hands."

And Duhigg has the numbers to prove it. In the first quarter of 2006, compared to the same period the previous year:

• Active rock stations added 23% fewer newer songs
• Pop stations added 14% fewer songs
• Urban/hip hop stations added 16% fewer songs
• Adult contemporary stations added 17% fewer songs

That spells trouble not only for indies like Sub Pop, who is mentioned as having a tough time getting airiplay for its new bands, but also major label artists like the Yeah Yeah Yeahs, who were left off one station's playlist because the cheif programmer didn't want any hassles. "Let some other station take the risk," he told station employees.

Contests have been hampered as well. One program director bemoans tha paperwork that's involved in giving away 25 CDs to its listeners. "It's hardly worth the trouble," he says.

Is this chilling effect temporary and just a symptom of an industry that is trying to adjust to new regulations. A Spitzer spokesperson insists this self-examination is temporary and says other industries have seen the same thing.

Coolfer is sure most will hold out hope that stations will eventually become more creative with their playlists. Whether or not Spizer's investigators actively look over radio's shoulders will dictate how quickly the playing field will level.