III 

113TH CONGRESS 

1ST SESSION S. CON. RES. 6 

Supporting the Local Radio Freedom Act. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2013 

Mr. BARRASSO (for himself and Ms. HEITKAMP) submitted the following 

concurrent resolution; which was referred to the Committee on Finance 

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 those 

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, 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 air play, interviews with performers, 

introduction of new performers, concert promotions, and 


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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, such as on September 11, 2001, and during Hurricanes Katrina and Rita, 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 


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broadcasting, music, and sound recording industries in 

the world: Now, therefore, be it 

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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