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[Page S1391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE CONCURRENT RESOLUTION 5--SUPPORTING THE LOCAL RADIO FREEDOM ACT
Mr. BARRASSO (for himself, Mr. Heinrich, Mr. Boozman, Ms. Collins,
and Mr. Udall) submitted the following concurrent resolution; which was
referred to the Committee on Commerce, Science, and Transportation:
S. Con. Res. 5
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 nearly a century, 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 airplay, 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 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,
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 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--
(1) relating to the public performance of sound recordings
on a local radio station for broadcasting sound recordings
over the air; or
(2) on any business for the public performance of sound
recordings on a local radio station broadcast over the air.
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