Congress eyes AM Radio mandates while ignoring compensation for Artists

Will radio’s free ride ever end? Chris Castle discusses U.S. Senator Markey’s proposal to equip all vehicles with AM radios, highlighting concerns over its impact on car manufacturing and fair artist compensation in radio broadcasting.

Op-ed by CHRIS CASTLE of Music Tech Policy

Yes, the rich do get richer and no broadcasters still do not respect music. The latest evidence is the vicious irony of yet more legislation pending in Congress to protect broadcasters and extend their free ride over music deep into the electrified 21st Century. Because what we really need in every Tesla is an AM radio that does not pay artists for playing their recordings. We need AM radio so much that we need to disrupt the automotive manufacturing base yet again with added government mandates.

I’m talking about Senator Edward Markey’s AM Radio for Every Vehicle Act of 2023 (S. 1669). As the title implies, the legislation aims to ensure that every new motor vehicle comes equipped with AM radio as standard equipment. Or as I see it, ripping off artists by broadcasters becomes standard equipment as opposed to Sirius, Pandora or a streaming audio service that pays both songwriters and performing artists (both featured and nonfeatured) paid through SoundExchange.

Senator Markey’s bill requires the Secretary of Transportation to issue a rule requiring all new motor vehicles to include devices capable of accessing AM broadcast stations capable of receiving signals and playing content transmitted by AM broadcast stations or digital audio AM broadcast stations. This requirement applies to motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the rule’s effective date. 

Manufacturers failing to retool their cars for AM radios must clearly label this dreadful omission for purchasers and are subject to civil fines by the Department of Transportation and may also be prosecuted by the Department of Justice to force compliance. Because the DOT is not busy enough with collapsing bridges and train derailments and needs something to do.

Markey’s Paradox is, of course, that locking in AM radio without addressing the American Music Fairness Act also locks in the government-mandated insult and frankly rip-off of artists, musicians and vocalists in America. What has Big Radio whispered in his ear as the justification?

Ah well, its the old “emergency broadcast” okie doke once again. Because the authorities just have no way to get in touch with the citizenry to warn them of “things”, don’t you know. Not like people have something like a little communications box in their pocket that emits an ear piercing scream every time a drop of rain falls a little too aggressively three counties away, or emergency alerts, amber alerts, silver alerts, Ashanti alerts, CLEAR alerts, Endangered Missing Persons Alerts, Camo Alerts or Blue Alerts. Or all the other alerts from various state agencies we can subscribe to or then there’s the periodontist alerts, not to be forgotten. Oh, right. There’s that whole cell phone thing.

If they wanted to actually mandate something useful that does not usually come to consumers automatically on their cell phones, they could mandate that every car radio and every cell phone be able to receive NOAA weather radio for their location. Like you know, tornado warnings or the old derecho straight line winds that could knock your car off the road at speed.  That would actually be useful if they’re so worried about access to emergency broadcasts because….NOAA actually is a real emergency broadcast.

But, thanks to Senator Markey, those hundreds of millions of cell phones will now be complete(NOT) because Detroit (and all the imports) will have to change their production lines and solve a design problem to do it. What design problem?  According to Motortrend:

The problem centers on electromagnetic interference from AM radio signals. In response to a query Senator Markey sent to automakers about why AM radio has been disappearing from some of their vehicles, the Volkswagen Group of America’s spokesperson responded that “the challenge of AM radio interference and static already exists in ICE vehicles, but the problem is significantly exacerbated in EVs.”

The government-mandated EV cars–and probably trucks, tanks, and Bearcats, too–have significant audio interference from EV drivetrains that generate significant electromagnetic interference, affecting audio quality. BMW and Volvo cite this as the reason for omitting AM radio. When you consider that in an EV you are essentially strapped to a 1,000 pound battery, is anyone surprised?

Oh, and here’s a question: Given the supply chain problems the world has suffered, where does Senator Markey say these new orders for AM radios will be sourced? Actually, he doesn’t say. The legislation is silent on the issue.

Perhaps those radios could be made in the US, oh say by Bose Corporation based in Framingham, Mass? That would be Senator Markey’s district. Of course, Bose actually manufactures most of its products in China, Malaysia and Mexico, but perhaps Senator Markey could give some thought to the transaction costs and benefits created by imposing such a sweeping change on a major industry like automobile manufacturing just at the same time as Congress is imposing many other sweeping changes on the same industry. Just add a no bullshit “made in the USA” to the legislation? Let’s at least get some US jobs out of the deal?

But most importantly, how can Congress consider extending AM radio’s free ride on recorded music without even considering the American Music Fairness Act as part of the discussion? These are smart people in Congress; I’m not buying that they are taken in by this “public service” bunk spewing from Big Radio yet again. Are they really willing to just ignore the fact that few people even realize that listening to their favorite artists on these AM radios is entirely uncompensated? An AM radio in every car but not one chicken in the pot for performers?

Isn’t it at least worth discussing whether Congress wants to perpetuate the 100 year injustice of no artist pay for radio play deep into the 21st Century? Isn’t it worth discussing whether Congress can say #IRespectMusic?