III 

116TH CONGRESS 

1ST SESSION S. CON. RES. 5 

Supporting the Local Radio Freedom Act. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2019 

Mr. BARRASSO (for himself, Mr. HEINRICH, Mr. BOOZMAN, Ms. COLLINS, and 

Mr. UDALL) submitted the following concurrent resolution; which was referred to the Committee on Commerce, Science, and Transportation 

CONCURRENT RESOLUTION 

Supporting the Local Radio Freedom Act. 

Whereas the United States enjoys broadcasting and sound recording industries that are the envy of the world due to 

the symbiotic relationship that has existed among these 

industries for many decades; 

Whereas, for nearly a century, Congress has rejected repeated calls by the recording industry to impose a performance fee on local radio stations for simply playing 

music on the radio, as such a fee would upset the mutually beneficial relationship between local radio and the recording industry; 

Whereas local radio stations provide free publicity and promotion to the recording industry and performers of music 

in the form of radio airplay, interviews with performers, 

introduction of new performers, concert promotions, and 


kjohnson on DSK79L0C42 with BILLS
2 

•SCON 5 IS 

publicity that promotes the sale of music, concert tickets, 

ring tones, music videos, and associated merchandise; 

Whereas committees in the Senate and the House of Representatives have previously reported that ‘‘the sale of 

many sound recordings and the careers of many performers have benefitted considerably from airplay and 

other promotional activities provided by both noncommercial and advertiser-supported, free over-the-air broadcasting’’; 

Whereas local radio broadcasters provide tens of thousands of 

hours of essential local news and weather information 

during times of national emergencies and natural disasters, as well as public affairs programming, sports, and 

hundreds of millions of dollars worth of time for public 

service announcements and local fund raising efforts for 

worthy charitable causes, all of which are jeopardized if 

local radio stations are forced to divert revenues to pay 

for a new performance fee; 

Whereas there are many thousands of local radio stations 

that will suffer severe economic hardship if any new performance fee is imposed, as will many other small businesses that play music, including bars, restaurants, retail 

establishments, sports and other entertainment venues, 

shopping centers, and transportation facilities; and 

Whereas the hardship that would result from a new performance fee would hurt businesses in the United States and 

ultimately the consumers in the United States who rely 

on local radio for news, weather, and entertainment, and 

such a performance fee is not justified when the current 

system has produced the most prolific and innovative 

broadcasting, music, and sound recording industries in 

the world: Now, therefore, be it 


kjohnson on DSK79L0C42 with BILLS
3 

•SCON 5 IS 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress should not impose any new 

3 performance fee, tax, royalty, or other charge— 

4 (1) relating to the public performance of sound 

5 recordings on a local radio station for broadcasting 

6 sound recordings over the air; or 

7 (2) on any business for the public performance 

8 of sound recordings on a local radio station broad9 cast over the air. 

Æ 


kjohnson on DSK79L0C42 with BILLS