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III
117TH CONGRESS
1ST SESSION
S. CON. RES. 9
Supporting the Local Radio Freedom Act.
IN THE SENATE OF THE UNITED STATES
APRIL 29, 2021
Mr. HEINRICH (for himself, Mr. BARRASSO, Ms. HASSAN, Mr. TESTER, Mr.
DAINES, Mrs. SHAHEEN, Ms. ERNST, and Mr. CRAPO) submitted the fol-
lowing 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 re-
cording 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 re-
peated calls by the recording industry to impose a per-
formance fee on local radio stations for simply playing
music on the radio, as such a fee would upset the mutu-
ally beneficial relationship between local radio and the re-
cording industry;
Whereas local radio stations provide free publicity and pro-
motion to the recording industry and performers of music
in the form of radio airplay, interviews with performers,
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•SCON 9 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 committees in the Senate and the House of Rep-
resentatives have previously reported that ‘‘the sale of
many sound recordings and the careers of many per-
formers have benefitted considerably from airplay and
other promotional activities provided by both noncommer-
cial and advertiser-supported, free over-the-air broad-
casting’’;
Whereas local radio broadcasters provide tens of thousands of
hours of essential local news and weather information
during times of national emergencies and natural disas-
ters, 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 per-
formance fee is imposed, as will many other small busi-
nesses 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 perform-
ance 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
Resolved by the Senate (the House of Representatives
1
concurring), That Congress should not impose any new
2
performance fee, tax, royalty, or other charge—
3
(1) relating to the public performance of sound
4
recordings on a local radio station for broadcasting
5
sound recordings over the air; or
6
(2) on any business for the public performance
7
of sound recordings on a local radio station broad-
8
cast over the air.
9
Æ
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