[Congressional Record (Bound Edition), Volume 154 (2008), Part 6]
[Senate]
[Page 8446]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 82--SUPPORTING THE LOCAL RADIO FREEDOM ACT

  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:

                            S. Con. Res. 82

       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, 
     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
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress should not impose any new 
     performance fee, tax, royalty, or other charge relating to 
     the public performance of sound recordings on a local radio 
     station for broadcasting sound recordings over the air, or on 
     any business for such public performance of sound recordings.

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