The NAB yesterday sent a letter to the FCC in response to XM and Sirius' request to deny the NAB's FOIA (Freedom of Information Act) request for information related to FM modulators and terrestrial repeater compliance.

In the letter, the NAB says they would like the records made public so that they may evaluate Sirius and XM's "character qualifications."

The NAB also wants to determine "whether the companies can be relied upon in the future to comply with FCC rules or with any conditions imposed or offered as part of the merger."

How noble.

[Read the full letter (PDF) via FMQB]

Congressman Mike Doyle (R-Pa.), who is also a member of the House Energy & Commerce Committee, has recently written the FCC and the Justice Department, opposing the Sirius-XM merger.

Doyle said he was worried the merger would reduce the "diversity of artists" on the services. An odd assumption especially considering that both The Latino Coalition and the National Black Chamber of Commerce have come out in favor of the merger.

Mike Doyle also said that the resulting company would be a monopoly in the satellite radio market, and he complained that the two companies had not produced an interoperable receiver. Statements that seemingly echo the NAB's stance on the merger.

How coincidental, because it turns out that the NAB's Political Action Committee is one of Congressman Doyle's top campaign contributors.

But the connection between Mike Doyle and the NAB doesn't end there.

As it turns out, just over a year ago, the NAB hired Mike Mullen - and Mullen served as a senior legislative assistant for Congressman Doyle since March 2004. Mullen was responsible for all telecommunications, technology, consumer protection and health care issues before the House Committee on Energy and Commerce.

Mullen incidentally is the NAB's Director of Government Relations now.

[Broadcasting & Cable] 

George Nethercutt, a former Republican congressman from Washington, is among those registered to lobby on behalf of the NAB. Bluewater Strategies actually originates from the firm Lundquist, Nethercutt & Griles - with Andrew Lundquist, Eric Washburn and Tim Kurth running the show.

Decade-long buddies, both Lundquist and Washburn formed Bluewater Strategies after one of the firm's former founders, J. Steven Griles, was notified by the DOJ that he would be charged with giving false testimony. Griles eventually pleaded guilty to obstruction of justice charges. So in turn, Bluewater was formed (the name is attributed to Washburn's love for sailing).

Under a 1995 federal law, lobbyists are required to disclose activities that could influence members of the executive and legislative branches. They must register with Congress within 45 days of being hired or engaging in lobbying.

[Forbes] 

Bring out the lobbyists. The latest battle gearing up in Washington involves the recording-industry calling for terrestrial radio to pony up performance fees for compositions broadcast over-the-air.

NAB President/CEO David Rehr wants Congress to reject the RIAA's plea to have broadcasters pay for the recordings played over the air, and he's come out swinging with a a letter to every Senator and Representative.

In the letter, Rehr says that the RIAA, "is asking Congress to support the creation of a new 'performance right' that would require local broadcasters to pay for the use of sound recordings when they are aired on the radio. But this is not a right. This is a new tax."

"In reality, the system in place today adequately compensates everyone," he writes. "Radio stations pay hundreds of millions of dollars every year to composers and publishers through fees paid to ASCAP, BMI and SESAC. While record labels and performers may not receive payments from broadcasters, the free promotion that they receive by having their music played on the radio increases album and concert sales, which ultimately results in compensation for performers and record labels."

Funny, the same thing can be said about Internet radio and Satellite Radio. And from this standpoint, I actually will say that I agree with Mr. Rehr (*gasp!*) and the NAB (*double gasp!*). I don't believe that terrestrial radio should have to pay the performance fees - but on one condition - that Satellite Radio and Internet Radio shouldn't have to pay either.

Equal playing field. 

Sure, the NAB's motives are a bit selfish. If the NAB is going to bat for terrestrial radio, and for Internet radio, it's a bit hypocritical to not defend satellite radio at the same time. But the end game is the same: all broadcasters should be treated the same. Digital or not.

In 1995, Congress agreed with the RIAA that copyright owners should receive royalties for digital streaming of performances. But there is truly little difference between analog and digital broadcasts - especially from the listener's standpoint. All the recording-industry wants is to line their pockets further. But then again, so does the NAB.

Don't be fooled, this has nothing to do with the artists, this has everything to do with squeezing every industry they possibly can. But if terrestrial radio doesn't pay, then neither should other mediums. But if Internet and Satellite need to pay, well then...

[via Radio & Records]