The Copyright Royalty Board is inviting feedback on the proposed new streaming royalty rates for commercial radio starting in 2026, following a partial settlement by the NAB and SoundExchange, which was approved on April 18.
The rates, which would cover the digital performance of sound recordings and ephemeral recordings by commercial webcasters and certain public radio stations for the five-year period beginning January 1, 2026, are now open for public comment after being published in the Federal Register on May 16.
Under the proposal, commercial broadcasters making nonsubscription digital audio transmissions would see annual per-performance royalty rates rise each year, from $0.0028 in 2026 to $0.0032 by 2030. Annual minimum fees per station would increase from the current $1,000 to $1,100 in 2026, reaching $1,250 by 2029, and remaining flat in 2030.
The structure of the deal allocates 5% of payments toward ephemeral recordings, with the remaining 95% applied to section 114 royalties for the public performance of sound recordings. Incidental uses of music under 30 seconds would be exempt from royalty obligations.
The NAB had advocated for a tiered royalty structure that reflects the relatively limited interactivity of AM/FM simulcast streams, arguing they should not be subject to the same rates as fully digital, on-demand platforms. In exchange for concessions on rate increases, broadcasters agreed to shorter payment deadlines, with royalty payments due within 30 days of month-end, instead of the current 45-day window.
In comparison to previous rate proceedings, such as the 2021 ruling, which drew appeals from both broadcasters and rights holders, the 2026 proposal is more collaborative. Rather than pursue extended litigation, SoundExchange and the NAB reached a settlement that favors moderate, predictable increases.
For certain pubcasters, a flat annual license fee would start at $950,000 in 2026, gradually rising to $1,050,000 by 2030.
The comment deadline is June 16.
