III 

110TH CONGRESS 

2D SESSION S. CON. RES. 82 

Supporting the Local Radio Freedom Act. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2008 

Mrs. LINCOLN (for herself, Mr. WICKER, Mr. BROWNBACK, Mr. ALLARD, Mr. 

NELSON of Nebraska, Ms. MURKOWSKI, and Mr. WEBB) 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 more than 80 years, 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 and upsetting 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 air play, interviews with performers, 


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•SCON 82 IS 

introduction of new performers, concert promotions, and 

publicity that promotes the sale of music, concert tickets, 

ring tones, music videos, and associated merchandise; 

Whereas Congress found that ‘‘the sale of many sound recordings and the careers of many performers benefited 

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, such as September 11th and Hurricanes Katrina 

and Rita, as well as public affairs programming, sports, 

and hundreds of millions of dollars 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 American businesses, and ultimately 

the American consumers 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 


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•SCON 82 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 relating to 

4 the public performance of sound recordings on a local 

5 radio station for broadcasting sound recordings over the 

6 air, or on any business for such public performance of 

7 sound recordings. 

Æ 


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