Is U-S Senator Attempting To Intimidate Radio?

The FCC will investigate claims made by Senator Marsha Blackburn (R-TN) concerning the relationship between radio stations and music artists, particularly regarding concert promotions. FCC Chair Brendan Carr has directed the FCC's Enforcement Bureau to examine these allegations, calling it an "important issue" and questioning if there has been any "payola" misconduct by broadcasters.

Senator Blackburn has pushed for this investigation, suggesting that radio stations giving more airtime to artists who perform at free concerts might represent a modern version of pay-for-play. She has not detailed specific artists or stations involved but highlighted that stations might "pressure" artists into performing at events like listener appreciation or charity concerts, with increased airplay as a reward. Blackburn labeled this practice as "exploitative" and unacceptable.

In a letter Friday to FCC  Chair Brendan Carr, Blackborn wrote "From what we have learned, it appears that to sidestep these restrictions, radio stations and networks have adopted a troubling new tactic," Blackburn wrote. "Instead of demanding cash or lavish perks from record labels in exchange for airplay, they now pressure artists to perform 'free radio shows'— also referred to as 'listener appreciation shows' or 'charitable concert events.' We have heard the new scheme works in this manner: radio stations and networks offer more airtime for an artist’s songs if the artist performs a free show.” 

However, some in the broadcasting industry suspect political motives behind Blackburn's call for investigation, noting that it coincided with her reintroduction of the American Music Fairness Act (S.326), legislation aimed at mandating radio stations to pay performance royalties for music played on air.

Thank you Senator Blackburn for raising this important issue regarding Payola schemes perpetrated by broadcasters.

This conduct hurts America’s songwriters & musicians.

I’ve asked our Enforcement Bureau to examine this & will provide an update here this week. @MarshaBlackburn pic.twitter.com/VzfAvYrxGJ

— Brendan Carr (@BrendanCarrFCC) February 3, 2025

Current federal law mandates that stations must inform listeners if they receive any form of payment or benefits for broadcasting content. Non-disclosure of such "payola" can result in fines up to $10,000 or imprisonment for up to a year. Although enforcement has been largely handed over to the FCC by the Department of Justice, the last significant FCC action against payola violations was in 2014, when fines totaling $244,000 were issued to three broadcasters.