On Wednesday, May 13, the House Judiciary Committee passed the Performance Rights Act [H.R. 848], which would require radio stations to pay royalties to artists for playing their music. The following day, three minority and civil rights organizations sent a letter to House Speaker Nancy Pelosi to express their concern over the "devastating effect" a performance fee would have on minority radio broadcasters and their listening communities. The letter was signed by David Honig, executive director of the Minority Media and Telecommunications Council; Barbara Arnwine, executive director of the Lawyers' Committee For Civil Rights Under Law; and Francisco Montero, director of the Spanish Broadcasters Association.

"As civil rights advocates, we know that minority owned radio stations speak directly to our communities and are a cherished resource that must be nurtured and protected," reads the letter. "However, H.R. 848 would lead to severe reductions in sustaining and public service programming. Based on its knowledge of minority broadcasters' finances, the Minority Media and Telecommunications Council predicts that H.R. 848 would lead to the bankruptcies of at least a third of minority radio stations." 

The letter to Pelosi goes on to explain that if the bill would require broadcasters to pay royalty fees, then there should be a corresponding examination by the House Ways and Means Committee on reinstituting the minority tax certificate program, or an examination by the Energy and Commerce Committee on advancing any minority ownership-enhancing diversity proposals. It also suggests that the Small Business Committee should research the impact that the legislation will have on both small and minority-owned broadcasting businesses.

"H.R. 848 is not ripe for Floor consideration," the letter concluded. "We sincerely hope you will ensure that additional thoughtful analysis and deliberation is permitted before it is scheduled for Floor consideration."

In related news, four more lawmakers have signed the Local Radio Freedom Act, bringing the total to 200 House co-sponsors. The Local Radio Freedom Act is a bi-partisan resolution that opposes the Performance Rights Act. The latest signers are Reps. Steve Driehaus (OH), Wally Herger (CA), Jerry Lewis (CA) and Albio Sires (NJ).

"From day one, the record labels’ performance tax has been about making an Inside-the-Beltway money grab from local radio stations and hoping that communities won't notice," said Free Radio Alliance spokeswoman Cathy Rought. "Radio is a vital part of people's lives, and a performance tax would not only decimate local and especially minority-owned stations, but threaten jobs, non-profits big and small, and impact listeners. Members of the Free Radio Alliance applaud the 200 members of Congress who recognize the negative impact the performance tax would have back in their districts and the overwhelming response from local communities to stand up for what is right."