MusicFIRST asks FCC to Rule on Broadcasters using Airtime to Lobby Listeners

The MusicFIRST Coalition has filed a petition requesting that the Commission investigate the actions of certain radio broadcasters in opposition to the Performance Rights Act (PRA). The PRA is legislation pending before Congress which would provide for the payment of royalties to artists and musicians when their work is played publicly on terrestrial radio. The National Association of Broadcasters (NAB) and most individual broadcasters oppose the PRA, while MusicFIRST supports it. MusicFIRST requests that the Commission issue a declaratory ruling that the actions of certain radio broadcasters in opposition to the PRA are contrary to the public interest, and ensure that broadcasters cease such actions. MusicFIRST also requests that the Commission consider "strengthening the license renewal process and shortening license terms" in the appropriate proceeding. In general, MusicFIRST asserts that broadcasters are violating their public interest obligations "[b]y using their licenses over public airwaves to promote their own pecuniary interests and to distort an important matter of public debate." Comments are due Sept 8, 2009; reply comments are due Sept 23.

Andrew Jay Schwartzman, President and CEO of Media Access Project, issued the following statement in response to reports that the FCC has opened an inquiry into certain broadcasters which are "targeting and threatening" musicians who are supporting legislation that would award performers' royalties when songs are played on the air:

"Media Access Project has no position on the performance royalty question, but it does have a strong position on broadcasters who abuse the public interest. If these allegations are proven to be true, they will raise serious questions as to whether some radio stations deserve to receive free licenses for exclusive use of the public's airwaves."