The FCC has issued a strict enforcement advisory targeting payola practices, specifically addressing concerns about radio stations requiring artists to perform for free or reduced fees in exchange for airplay. This comes after Senator Marsha Blackburn raised concerns about potential exploitation of both established and emerging artists.

Key Points of the FCC Advisory:

• Broadcast licensees and their personnel cannot demand unpaid or reduced-fee performances in exchange for airplay
• Radio stations must ensure individual employees aren't selling airtime perks
• Stations reporting to record charting services face higher compliance standards
• Employee affidavits alone may not satisfy "reasonable diligence" requirements
• All station-hosted events featuring artists must comply with payola regulations

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

Related Legislative Developments:

1. American Music Fairness Act:

• Reintroduced in January
• Bipartisan support
• Aims to require terrestrial radio stations to pay royalties for recordings

2. Local Radio Freedom Act:

• Recently reintroduced in House
• Opposes new performance fees on AM/FM stations
• Currently has 114 representatives' support
• Poses significant challenge to American Music Fairness Act

This regulatory crackdown represents a significant shift in the FCC's approach to monitoring and enforcing payola regulations, particularly focusing on the practice of leveraging free performances for airplay.

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