Here We Go Again…

(By Paul Rotella) Every Congress, a few well meaning, but misinformed legislators, appear as to forget that they represent the people of their districts and not the foreign owned record companies, and introduce, in one form or another, the toxic royalty fee legislation commonly known as the “Performance Tax.” This session, a possible Senate version of the so-called “American Music Fairness Act” (AMFA), a performance tax by another name, would impose a new performance fee on local radio stations.

At a time when local radio stations are trying to rebound from pandemic-induced losses, this bill would add another fee on local stations, on top of all the other fees they already pay. This proposal would jeopardize the millions of jobs affected by the radio industry in the nation, compelling some stations to cut back on programming and involvement in their communities, and force some to close their doors and stop providing free, over-the-air service altogether.

That’s why over 230 Members of Congress — House and Senate, Democrat and Republican — have cosponsored the Local Radio Freedom Act, which opposes exactly the type of performance fee on local radio envisioned by the AMFA.

Local radio stations, which play music for free — not charging artists or listeners — provide tremendous promotional value for up-and-coming artists, with billions of dollars in free publicity every year.

Let’s be clear: This legislative effort is being driven by multinational record labels. We urge all legislators to support their local radio stations by cosponsoring the Local Radio Freedom Act (S. Con. Res. 9), which opposes any new performance fee, and declining requests to cosponsor a Senate version of the AMFA.

This performance royalty tax does no one any good at all, and helps stifle the creative growth and opportunities for success of emerging artists, while destroying the best thing that ever happened to our diverse, shared culture: the free-over-the-air delivery of all forms of entertainment, local news, and most of all– music, to everyone, for free–no matter your social status or place of origin—radio!

Broadcast radio is enjoyed by almost everyone in America. For almost one hundred years, Americans (and indeed the world) have had a love affair with broadcast radio. And for good reason. It’s bold, diverse, endearing, expandable, compact, ubiquitous, portable, lovable, affordable, and incontrovertible as the most ubiquitous source of news, information and diverse entertainment available to everyone, and all for free. No download charges, no subscription fees, and no license fees for the end user. It informs and binds us, it makes us laugh, it heals our wounds, it provides comfort and lifesaving information in times of crises, and oh yeah—it’s always on!

But the wrongheaded measures pushed by some who insist on squeezing every dime out of a broadcaster’s craft that they can would tamper with this timeless recipe for universal happiness. But much more horrifying; these Performance Royalty Taxes would destroy radio as we know it, and indeed harm everyone: artists, composers, communities, broadcasters and most sadly, everyone who enjoys radio today—over 300 million of our friends, family, neighbors and co-workers in America alone– the very constituents that these legislators are supposed to serve.

The NJBA has always been on the lookout that a stealth attack on free over-the-air-radio was very possible. In New Jersey, local radio is very important and the prospect of a Performance Tax is akin to a Death Tax for broadcasters.

In these challenging economic times (or in any economic model), can any industry afford such confiscatory increases in net operating costs? And the public would gain no return for the fees taken. No community service, no public announcements, no lifesaving Amber Alerts or EAS warnings. Nothing at all but making a few more millionaires and billionaires richer, and all at the public’s expense.

Nevertheless, the unavoidable result of the Performance Tax’s passage is much more than merely wreaking economic havoc on local radio stations. To be sure, the prospect of enhanced opportunities for localism, diversity and outreach would be hushed immediately. Station groups and networks would be hurt as well. Localism would be out the window and thousands in New Jersey would lose their jobs.

But this is all not about dollars; it’s about common sense. Much more horrific, the closure of these vital broadcast outlets across America would also decimate our Emergency Alert Warning System (EAS) capabilities and pose a genuine threat to homeland security. And for what? So a few greedy foreign owned record companies can try to line their coffers with more American dollars, taking billions out of our economy? And worse, the move would directly or indirectly wipe out jobs in the United States.

Performing artists almost universally recognize the honest and incomparable value only broadcast radio airplay adds to their industry and business model. The record labels’ recognition of the unparalleled promotional value of radio airplay contradicts statements made by recording industry representatives in Washington who have characterized radio airplay as “a form of piracy.” What nonsense.

Our two industries have worked perfectly together for decades. Certainly, no artist would ever have an opportunity to become famous and successful absent their natural symbiotic partnership with free-over-the-air-radio! This symbiosis evinces the inescapable conclusion that both sides are benefiting. Why do you think local stations across the country are bombarded every day with sample CD’s MP3s, and “demos” by emerging artists (and seasoned veteran artists) begging station managers to play their new tune? It’s because broadcasters and artists genuinely “get it.” It’s how they sell records, (yes, vinyl records are making a comeback) CD’s, downloads, video and merchandise.

Worse, the P-Tax’s foreseeable fractionalization of collaborative artists could hurt everyone associated with the creative process and diminish the very projects or songs they want to promote to be successful. It’s a recipe for collusion, litigation, division, unfairness, and disaster.

So you see, a new Performance Tax imposed on radio stations by record companies would only be biting the very hand that feeds them.

Equally disturbing is the disingenuous comparison of broadcast radio to internet providers and pay/subscription audio entertainment programming and fees paid by satellite radio. The proponents of this legislation want us all to be alike – just because Cable, Satellite and Internet services pay these royalties. We are not alike! Remember how radio stations helped warn and serve New Jerseyans crushed by SANDY? Well, New Jerseyans do. Free over-the-air radio & television are the only exclusively local media in existence!

Our cherished stewardship of the public airways is a public trust, and no industry is more publicly spirited. We have a very different mission, mainly to operate in the public interest; from the EAS for local emergency notification such as NJ Amber Alerts and to respond to community wide emergencies like Super-storm Sandy, ice and snow storms, and other extreme weather hazards, to local news of community events and happenings in entertainment from our great and diverse variety of formats. The internet and satellite applications referred to in mislabeled “equitable royalty fee” arguments (and the specious claim of pure-play “radio” designations) do not provide such essential public service, nor are they designed or equipped to do so.

Compared to free radio’s approximately 300 million plus listeners in the United States alone, satellite and subscription services reach less than 10% of radio’s ever expanding and diverse listening base. And radio’s service is free! Think about how many people in today’s tougher economy can afford to pay to hear radio in the first place. (By the way, if anyone wants to see the effects of wrongheaded Performance fees, just look at the 30%+ increase in satellite’s monthly subscription fees for royalties and the “going dark” of some radio stations’ streaming audio on the net, due largely in part to the ever-increasing royalties charged to stream content.

And to lie to rest the specious argument that the performing artists will get any money from the new Performance Tax, all you need to do is review the typical recording contract any new artist is “forced” to sign if they want to get their coveted “record deal”. It often provides for very little compensation to flow to the artist after record production and promotion costs are recouped.

Finally, I feel that our great New Jersey Broadcasters Association represents much more than the radio and television industry in the Garden State. We also represent the vast and diverse audiences that our members so ably serve. We represent the people, and we stand with them. We respectfully ask all of Congress to the same. It’s the right thing to do.

So keep listening New Jersey! Let’s defeat this Performance Tax and let’s keep New Jersey radio free for all to enjoy!

Paul Rotella is the President and CEO of The New Jersey Broadcasters Association and can be reached by e-mail at [email protected]