Following payola accusations from Senator Marsha Blackburn (R-TN), the FCC Enforcement Bureau has issued an Advisory reminding radio broadcasters that manipulating airplay based on artist participation in station events without proper disclosure violates federal laws.
In a letter to FCC Chairman Brendan Carr, Sen. Blackburn claimed radio has devised a of forcing artists to perform free concerts in exchange for airplay, instead of “demanding cash or lavish perks from record labels.” She calls the “forced quid pro quo” a violation of federal payola laws.
The advisory clarifies that neither broadcast licensees nor their employees can demand or accept unreported free or reduced-fee performances from artists in exchange for increased airplay. The FCC warns that stations hosting concerts, festivals, or promotions featuring artists must ensure compliance with payola regulations. Licensees have a duty of “reasonable diligence” to prevent improper conduct, particularly those reporting to record charting services, which are at greater risk of airplay manipulation.
The Bureau made a point to reaffirm that artists can voluntarily perform at station events without compensation – provided no agreements or implicit expectations influence their radio airplay. Oftentimes, these artist concerts are used as charity events.
The Enforcement Bureau made no mention of investigations into specific stations or groups at this time. Payola violations can result in fines up to $10,000, imprisonment for up to one year, or both.
