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August 10, 2009
Dennis Wharton
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NAB Response to FCC Inquiry

WASHINGTON, DC -- NAB issued the following statement today responding to news that the FCC is seeking comment on a musicFirst petition asking for a declaratory ruling against broadcasters for using "public airwaves" to oppose RIAA-supported "performance tax" legislation. Among its requests in the petition, musicFirst asked the FCC to force broadcasters to accept its advertising endorsing the RIAA-backed bill.

The statement can be attributed to NAB Executive Vice President Dennis Wharton:

"NAB will be commenting on the distortions raised in the musicFirst petition at the appropriate time. Contrary to suggestions in the petition, broadcasters are under no obligation to carry everything that is offered or suggested to them."

Attached is an important Supreme Court Case which found that "neither the Communications Act nor the First Amendment requires broadcasters to accept paid editorial advertisements."

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