Undisclosed Practices To Influence Music Airplay

In a move to curtail covert manipulation of radio airplay, the FCC’s Enforcement Bureau has issued a new enforcement advisory targeting radio stations that engage in undisclosed practices to influence music airplay. This development follows concerns raised by Tennessee Senator Marsha Blackburn about the undue pressures placed on artists to perform at radio station events in exchange for airplay, potentially without proper compensation.

The advisory, released on February 6, warns broadcast licensees against compelling or accepting “unreported free or unreported reduced fee performances by musicians” as a condition for more favorable airplay. The FCC’s statement comes days after Blackburn addressed a letter to FCC Chairman Brendan Carr, urging him to address what she describes as an exploitative practice harming Tennessee’s music community and songwriters.

According to Blackburn, stations have circumvented traditional payola restrictions by pressuring artists to perform at events such as “listener appreciation shows” or “charitable concert events,” often suggesting that refusal could lead to less airtime. This has led to situations where artists, from burgeoning talents to established acts, find themselves performing numerous unpaid shows annually, bearing most of the associated costs, while stations profit from ticket sales and sponsorships.

The FCC’s advisory reminds stations of their legal obligations under the Sponsorship Identification Rules and the Communications Act of 1934, emphasizing the need for transparency in transactions involving airplay. Violations of these regulations can lead to severe penalties, including fines and imprisonment.

This enforcement action coincides with Blackburn’s reintroduction of the American Music Fairness Act, aimed at imposing additional performance fees on radio broadcasters. While the bill has seen limited progress in Congress, its goals reflect ongoing debates about fair compensation in the music industry, underscored by high-profile discussions in recent Grammy speeches and public statements by artists like Taylor Swift.

As the FCC signals a more stringent approach to payola practices, the radio industry faces a renewed call for ethical standards that align more closely with artists’ rights and broader public interest. Meanwhile, bipartisan support continues to grow for the Local Radio Freedom Act, which opposes new performance fees on radio stations, reflecting a complex landscape of competing interests within the music and broadcasting sectors.