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

The advisory explicitly states that broadcast licensees and their personnel cannot demand unreported free or reduced-fee performances from musicians in exchange for increased airplay. This practice is considered an illegal form of payola.

Key points from the enforcement advisory:

• Radio stations must ensure individual employees aren't selling airtime perks
• Stations that report to record charting services face higher compliance standards
• Employee affidavits alone may not satisfy "reasonable diligence" requirements
• All station 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.

Simultaneously, Congress is revisiting the radio royalties debate with:

• The American Music Fairness Act: Requires radio stations to pay royalties for recordings
• The Local Radio Freedom Act: Opposes new performance fees for AM/FM stations

The National Association of Broadcasters reports 114 representatives supporting the Local Radio Freedom Act, creating significant opposition to the American Music Fairness Act's progression.

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