The FCC has issued an enforcement advisory targeting payola practices involving free artist performances and appearances at radio stations. The advisory comes after Senator Marsha Blackburn raised concerns about stations requiring artists to perform without compensation in exchange for airplay.

FCC Chairman Brendan Carr confirmed that some radio stations appear to be violating payola regulations by forcing musicians to either perform for free (or reduced fees) at station events or risk losing valuable radio airplay.

Key points from the enforcement advisory:

• Broadcast licensees and personnel cannot demand unreported free or reduced-fee performances in exchange for airplay
• Radio stations must ensure individual employees aren't selling airtime perks
• Stations that report to record charting services face higher standards for preventing payola
• Simple employee affidavits promising to avoid payola may be insufficient
• Stations hosting artist events must ensure compliance with payola requirements

The FCC has established a dedicated email ([email protected]) for reporting potential violations and will investigate substantive allegations.

Meanwhile, Congress is revisiting radio royalties legislation:

• The American Music Fairness Act has been reintroduced with bipartisan support
• The bill would require terrestrial radio stations to pay royalties for recordings, not just compositions
• In response, the Local Radio Freedom Act was reintroduced, opposing new performance fees
• The National Association of Broadcasters reports 114 representatives support the Local Radio Freedom Act
• The American Music Fairness Act faces significant opposition in its current form

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