The long-running debate over whether local radio broadcasters should be required to pay a new federal performance royalty is set to resurface next week on Capitol Hill. The Senate Judiciary Subcommittee on Intellectual Property will hold a hearing on Tuesday, December 9, titled “Balancing the Interests of Local Radio, Songwriters, and Performers in the Digital Age.”
The hearing will be led by Subcommittee Chairman Sen. Tom Tillis (R-NC), who has historically aligned with music industry organizations on royalty issues. Sen. Marsha Blackburn (R-TN), a co-lead sponsor of the American Music Fairness Act (AMFA), also sits on the subcommittee. AMFA, which would impose a federal performance tax on radio broadcasters, remains strongly opposed by the broadcast industry, including NRB and many of its member organizations.
Witness lineup reflects star power
The scheduled witnesses highlight the enduring rift between broadcasters and the music industry. Once again, music groups are deploying star power to amplify their message, with KISS co-founder Gene Simmons and SoundExchange President & CEO Mike Huppe set to testify. Offering the perspective of local broadcasters will be Henry Hinton, president & CEO of Inner Banks Media. Hinton and his family own and operate a cluster of stations located in Greenville, N.C.
Why the performance tax debate matters for NRB members and Christian communicators
For NRB members, the performance tax debate is not merely a dispute between the recording industry and mainstream music stations—it carries direct and significant implications for Christian, talk, teaching, and ministry broadcasters.
Although NRB stations primarily air spoken-word, news, and faith-based programming, they already pay substantial licensing fees to ASCAP, BMI, SESAC, and GMR for music used in bumper segments, promos, livestreams, and events. A new federal performance royalty—layered on top of existing obligations—would divert resources away from ministry, outreach, local engagement, and programming that serves the spiritual needs of listeners.
NRB supports the Local Radio Freedom Act (LRFA), a bipartisan resolution affirming that Congress should not impose a performance fee, tax, royalty, or similar charge on local broadcasters for airing sound recordings over-the-air. While the LRFA does not carry the force of law, it has long served as a critical bulwark against efforts to establish a new federal performance tax.
For Christian broadcasters in particular, the financial impact would be immediate. Many NRB members are small, local, donor-supported, or nonprofit stations. Under the competing American Music Fairness Act (AMFA), even the smallest stations deemed “protected” would still owe $500 annually in new royalties, with no cap on future increases. The bill includes no religious exemption, and its eligibility thresholds exclude many NRB members entirely.
Beyond the economic strain, NRB believes that imposing new federal taxes on broadcasters threatens the ability of Christian stations to remain active, independent, and locally responsive—especially during moments of crisis, natural disasters, or community need, when broadcasters often serve as first informers.
Connection to the AM Radio for Every Vehicle Act
The upcoming hearing also comes as momentum continues to build for the AM Radio for Every Vehicle Act, with more than 315 House cosponsors and strong bipartisan support in both chambers. Some opponents of the AM legislation have recently begun attempting to link the AM bill with the performance tax debate—raising concern among advocates that next week’s hearing could be used to conflate the two issues. Our industry warns that such linkage could complicate or delay progress on the AM bill, which is otherwise positioned for congressional action.
NRB will continue monitoring developments closely and have been engaging lawmakers and coalition partners ahead of the hearing. Updates will be provided to NRB members as additional information becomes available.