Ban On FM Tuner Mandates Included In Reintroduced Protecting the Rights of Musicians Act

Reps. Marsha Blackburn, R-Tenn., and Anna Eshoo, D-Calif., reintroduced the Protecting the Rights of Musicians Act Thursday. The bill would prohibit companies that own both TV and terrestrial radio stations from seeking retransmission payments for their TV stations unless their radio stations pay performance royalties. “Broadcasters have repeatedly told us that retransmission consent payments are fair because cable and satellite stations make millions by retransmitting local broadcast content,” Blackburn said in a news release. “However, when it comes to music, the same broadcasters, many who own both TV and radio stations, sing a completely different tune.” The bill includes a provision that would bar the FCC from imposing tuner mandates. The bill follows the April 13 introduction of the Fair Play Fair Pay Act (HR-1733), which also would require terrestrial radio stations to begin paying performance royalties (see 1504130056). An NAB spokesman said the group opposes the Protecting the Rights of Musicians Act, adding in a statement that the bill “devalues the indispensable role that hometown broadcasters play in communities across America.” The NAB spokesman said 166 members of the House and 13 senators are now co-sponsors of the Local Radio Freedom Act. CEA President Gary Shapiro praised the Protecting the Rights of Musicians Act’s provision barring any FCC tuner mandates in smartphones. The bill “recognizes that consumers and technology innovators -- not the government or analog radio broadcasters -- are best positioned to determine the functions and features of cutting-edge mobile devices,” Shapiro said in a statement. “Importantly, this bill also starts a worthwhile and much needed conversation about digital age music payment systems.” The provision banning FM tuner mandates in smartphones was added because "as more consumers use Internet radio, the bill ensures consumers aren’t locked into outdated technology mandates and can choose how they access local news and music on their mobile device,” Eshoo said in a statement. NAB has denied it’s seeking FCC tuner mandates in smartphones (see 1504150016), but CEA has said it's not buying those denials (see 1503200031).