The musicFIRST Coalition has filed a formal request with the Federal Communications Commission, asking that the FCC investigate and take action against radio stations over reports of stations refusing to air musicFIRST ads and withholding airplay from artists who support the Performance Royalty. The coalition also calls ads from the National Association of Broadcasters (NAB) "misleading."
"For more than 80 years radio stations have been using the work of artists and musicians without compensating them, now they’re using the public airwaves unfairly for their own self interest," said musicFIRST Executive Director Jennifer Bendall. "We respect the First Amendment rights of broadcasters to air their views in this and any debate, but they’ve crossed the line. They have engaged in a concerted effort to promote their own financial interests above their legal duty to serve the public interest by providing truthful and accurate information."
The coalition adds that "Radio stations must ensure that their private interests, including their private financial interests, do not interfere with their obligation to serve the public." musicFIRST says in their filing that "the use of a broadcast license to further a licensee’s personal economic interest is particularly egregious where it results in the skewing and distorting of a public debate."
As one would expect, the NAB greatly disagrees with the stance of musicFIRST. NAB EVP Dennis Wharton issued the following statement: "This allegation is nothing more than an act of desperation by a record label lobby losing on Capitol Hill and in the court of public opinion. On one hand, it highlights the unparalleled promotional value of free radio airplay, which has propelled countless artists to stardom. We would also note that Will.i.am, a vocal proponent of the performance tax, and his group Black Eyed Peas are currently Number 1 on Billboard's Pop 100 Airplay Chart with the song 'Boom Boom Pow.' If there's an FCC probe involving the music business, it ought to focus on claims from numerous artists -- from The Beatles to Prince to Cher -- that they were cheated out of royalties by their record labels."
"Time and time again we have been told ‘NO!’ by radio stations when it comes to airing our side of the debate," says musicFIRST's Bendall. "Many stations are rejecting our ads without even reading the script. It’s an absolute sham. Ironically, they are refusing to take our money at the same time that they cry poverty to avoid fairly compensating artists for the music upon which they have built their businesses."
"Even more offensive is the effort to silence artists through threats and retribution," Bendall added. "No one should ever be penalized for working for what they think is right; for participating in the democratic process; for exercising their First Amendment right to correct a decades-old wrong. But that is just what these radio stations have done."According to the filing, a major radio group recently dropped a top selling artist’s record after he spoke in support of performance rights legislation. The filing also claims that the PD of a Florida station declined to add an artist’s music to his station because the artist in question is a member of the musicFIRST Coalition. Another programmer reportedly told "a representative of two prominent artists" that the artist’s support for the Performance Rights Act would have a "chilling effect" on their relationship. The filing also claims that a Delaware radio station boycotted all artists affiliated with musicFIRST for an entire month.
"These are the cases we know about," Bendall said. "We can only imagine what may be happening under the cover of silence."
musicFIRST is asking the FCC to "investigate these actions, find that the stations have violated their public interest obligations and consider the broadcasters’ malfeasance in connection with their license renewal." musicFIRST is also asking the FCC to consider this conduct as part of its overall review of the length of radio stations licenses, currently seven years.
"Our message to the FCC is clear," Bendall said. "We respect a broadcaster’s right to oppose the Performance Rights Act. But we cannot tolerate broadcasters’ use of the public airwaves to stifle debate, threaten artists and musicians and undermine the public interest in pursuit of their narrow, private business interests."
Bendell and musicFIRST council Sam Feder led a conference call this morning, further reiterating the coalition's points. They claim that "dozens of radio stations across the country" have refused to run their ads and that some stations are airing misleading ads and information, giving the example of a Radio One ad with incorrect information about the timing of a sale of stations in Pittsburgh coinciding with the Performance Royalty bill.
Bendell said that they cannot currently identify which artists have been dropped or left off playlists, due to confidentiality reasons and "the types of intimidation and threats" against these acts. However, this information will be shared with the FCC. She also said that a radio station (which they could also not identify currently) had called for a boycott on its website of all artists affiliated with musicFIRST.
The coalition said that with this filing, they are not attempting to "dictate programming choices" or bring up the Fairness Doctrine. Instead, they claim that stations' playlists are being "distorted by outside interests" and the FCC requires such a situation to be disclosed. Feder also said that the stations are violating the public interest by giving a "warped view" of this public issue.
