III 

112TH CONGRESS 

1ST SESSION S. CON. RES. 7 

Supporting the Local Radio Freedom Act. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2011 

Mr. BARRASSO (for himself and Mr. NELSON of Nebraska) 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, as such 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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•SCON 7 IS 

publicity that promotes the sale of music, concert tickets, 

ring tones, music videos, and associated merchandise; 

Whereas committees in the Senate and 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 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 


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•SCON 7 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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