Several music and consumer groups asked the FCC to investigate a ...
Several music and consumer groups asked the FCC to investigate a complaint by an industry group that radio stations declined to air ads supporting the Performance Rights Act (PRA), which broadcasters allegedly used the airwaves to oppose. The comments…
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came Tuesday on a June petition for declaratory ruling by MusicFirst, on which the commission seeks comment (WID Aug 11 p6). The American Federation of Musicians, American Association of Independent Music, Free Press, Music Industry Lawyers Group, National Consumers League and Parents Television Council were among those seeking an FCC probe. The Aug. 7 public notice seeking feedback on the MusicFirst petition “is repugnant to the public interest,” because the FCC is “taking sides with respect to a change in Federal law against an industry which it regulates,” said a filing by Appalachian Broadcasting, Georgia-Carolina Radiocasting, Sutton Radiocasting and others. MusicFirst’s petition would have the commission “sail into uncharted (and wholly unconstitutional) waters -- turning broadcast stations into common carriers,” NAB said. When WTOP(FM) Washington told MusicFirst it would air its ads for the same price as NAB spots opposing the Act, the offer was turned down, NAB said. “What is at issue is the extent … to which broadcasters may exert their considerable control of the airwaves to take coordinated anticompetitive action to punish their political opponents and to limit the public’s access to information on an issue of national importance,” said Free Press. Though the Music Industry Lawyers Group respects broadcasters’ First Amendment rights, their “intimidation is designed to suppress speech that is not even being made on their radio stations.” That’s because musicians are “targeted” for their advocacy at public meetings and in Congress, said the group of about a dozen attorneys. The American Association of Independent Music, “greatly concerned” by broadcasters’ actions as described by MusicFirst, said the radio industry has raised “serious questions about their commitment to their public interest obligations.” MusicFirst didn’t file comments but will make a reply, said a spokesman.