H. Con. Res. 29 / S. Con. Res. 14 – the Local Radio Freedom Act

The NBA and its member radio stations vigorously oppose the levying of a performance tax on local radio broadcasters. Big, foreign-owned record labels are seeking to undermine the mutually beneficial relationship, which has existed between local radio broadcasters and the recording industry for over 80 years. The current system of free airplay for free promotion works. We applaud Reps. Dean Heller (NV-2), Shelley Berkley (NV-1) and Dina Titus (NV-3) for supporting local radio and cosponsoring this important resolution. Opposition to the RIAA effort now stands at 261 House members, which far exceeds a majority and 27 Senators. Concurring with an announcement about reaching a House majority, all 50 State Broadcasters Associations cosigned and sent a letter to Speaker of the House Nancy Pelosi. The letter can be viewed here.

All fifty State Broadcasters Associations plus Puerto Rico recently cosigned a Resolution of 50 State Broadcasters Associations in Opposition to a “Performance Tax” expressing collective opposition to any congressional effort to impose any new “performance tax” on local radio stations for the benefit of the recording industry.

Spectrum Management and the National Broadband Plan

The FCC in its National Broadband Plan recommends reallocating 120 MHz of broadcast TV spectrum.  The Nevada Broadcasters Association opposes the grabbing of TV spectrum and believes the future of the communications landscape in America should include both high-speed broadband and highly-efficient broadcasting.  Choosing one over the other is a false choice that should be rejected.

TV broadcasters use spectrum to deliver vital news, emergency information and more to all Americans free of charge.  Sound spectrum management and technology will preserve these benefits and ensure that other users of the technology, including public safety, have access to spectrum.

Broadcasters, following the DTV transition, are doing more with less.  TV broadcasters freed up spectrum for other uses while at the same time providing more channel choices and crystal-clear video and audio.

Even the wireless industry has indicated publicly that technology will solve any "looming crisis."  And AT&T worked together with Apple engineers to make the iPhone less straining on AT&T's mobile network with no need for additional spectrum.

Retransmission Consent

The NBA and its TV members welcome the opportunity to continue privately negotiating for compensation of their valuable programming free from government interference.

Viewers, local broadcast stations and pay TV operators all benefit from the retransmission consent process. Retransmission negotiations are fair and market-driven, and there is no need to change the process that Congress established and has worked well for nearly two decades.  Recently, the NBA and many other State Broadcasters Associations filed reply comments with the FCC in response to the Commission’s petition to amend its rules governing retransmission consent.  Various pay TV operators, including the American Cable Association, filed comments in support of changing the rules.  The NBA and its partners vigorously defended a system that works as it is intended and is beneficial to both broadcasters and pay TV providers.

H.R. 985 / S. 448 – the Free Flow of Information Act

The NBA continues to support protection of the public’s right to know. This Act, which passed the House of Representative by overwhelming voice vote, brings federal law in line with that of Nevada and most others by setting standards for when journalists can be compelled to disclose the identities of confidential sources. This Act is commonly referred to as “reporter shield” legislation

FM Radio Tuners in Mobile Phones

As the Voice of Homeland Security, the Nevada Broadcasters Association supports efforts to include FM tuners in all new cellular phones. This capability gives citizens an important new way to access Emergency Alert System messages on a device they carry nearly everywhere. This innovation allows the mobile phone industry to comply with the Warning Alert and Response Network (WARN) Act of 2006.

Localism is Alive and Well in Your Community

Nevada’s radio and television broadcasters serve their communities every day. They work to meet the needs of each community by providing local news, acting as a lifeline during crises and raising millions for local charities and causes. Broadcasters oppose unnecessary burdens on local stations that would hamper their efforts to provide these essential services.

For more information about the NBA's federal legislative priorities, please contact Adam Sandler.