Adding too much to ticket prices

The Massachusetts senator who has pledged to overhaul the state's antiscalping law is now saying he intends to broaden his focus to include many of the fees associated with initial ticket sales, such as convenience and facilities charges.

Senator Michael W. Morrissey, a Democrat from Quincy and the cochairman of the Legislature's Consumer Affairs and Professional Licensure Committee, said he is developing draft legislation that would deal with the initial sale of tickets as well as their resale.

"We might as well look at the whole picture," he said, stressing that his bill would be a starting point for a wide-ranging legislative discussion. "In the end, we might not do anything."

Nevertheless, Morrissey is setting a very provocative tone, saying the state may want to place a cap on the convenience fees that Ticketmaster charges or implement financial reporting requirements for venues assessing facilities fees.

"Don't you think we should have a limit on what they can charge for a convenience fee?" Morrissey asked. The senator was also perplexed by the $2.50 fee that Ticketmaster charges customers to e-mail them an order of tickets. "How much does it cost to e-mail you a ticket?" he asked.

Ticketmaster dominates the ticket-selling business. Last year the company, a division of IAC/InterActive Corp., sold more than 119 million tickets with a face value of $6 billion on behalf of 9,000 clients in 20 countries. Ticketmaster's network allows venues to avoid the cost of setting up their own ticket-selling operations. The California company sells tickets through its website, 6,500 retail outlets, and 20 call centers.

Bonnie Poindexter , a spokeswoman for Ticketmaster, said the company would be happy to discuss its practices and policies with any lawmaker in Massachusetts. She noted the company's fees are negotiated with each client, whether it's a sports team or a concert hall. Some of the fee income may also be shared with the client.

In an informal survey of local venues by the Globe, the convenience fees charged by Ticketmaster's website varied from $4.75 on a ticket with a face value of $17 to see Sean Lennon at the Paradise Rock Club to $11.40 on a $92.50 ticket to the Boston Ballet's "The Nutcracker" at the Opera House. At some venues, convenience fees can be avoided by purchasing tickets at the box office.

The Globe survey indicated building fees, which are collected by Ticketmaster on behalf of a venue, also vary. The TD Banknorth Garden assesses a $1.50 fee per ticket, while the Opera House's facility fee is $2.50 per ticket, and the Wilbur Theatre's fee is $3 per ticket.

Morrissey said his beef with building fees is that they are unregulated. "So what's it going to?" he asked, suggesting that his legislation may require venues to file an annual accounting with the secretary of state's office.

John Wentzell , president of the Boston office of Delaware North Cos., which owns the Boston Bruins and the TD Banknorth Garden, said the Garden started charging a $1.50 per ticket facility fee earlier this year. He said the fee offsets some of the Garden's rising operating costs, energy bills, and insurance.

"In New England, virtually every facility aside from Fenway Park and Gillette Stadium have a facility fee," he said. "We were very late to the trend."

Representative Vincent A. Pedone , a Democrat from Worcester and cochairman of Morrissey's committee, could not be reached for comment. In late October, Pedone and Morrissey both said the antiscalping law needed to be revamped, possibly by legalizing scalping and passing measures to protect consumers sold bogus tickets.

Deirdre Cummings, consumer program director for the Massachusetts Public Interest Research Group, said the consumer advocacy group has been discussing ticket issues with Morrissey's staff but at this point hasn't taken a stand. She said MassPIRG in the past has supported a cap on convenience charges.

Cummings said Morrissey is serious about tackling the ticket issue. "He's struggling in some ways, figuring out what the problem is and how to fix it," she said.

Bruce Mohl can be reached at mohl@globe.com.