NAB President and CEO Gordon Smith,s letter to Judiciary members regarding Performance Fee

Digital and Radio Facts: 1771 N Street NWWashington DC 20036 2800Phone 202 429 5300Advocacy   Education   Innovation                                                                                                                                                                                                                                                                         www.nab.orgChairman Patrick Leahy433 Russell Senate Office BuildingWashington DC 20510Senator Orrin Hatch104 Hart Senate Office BuildingWashington DC 20510Chairman John Conyers2426 Rayburn House Office BuildingWashington DC 20515Representative Jim Sensenbrenner2449 Rayburn House Office BuildingWashington DC 20515Representative Howard Berman2221 Rayburn House Office BuildingWashington DC 20515Representative Darrell Issa2347 Rayburn House Office BuildingWashington DC 20515November 5, 2009Dear Senators Leahy and Hatch, and Representatives Conyers, Sensenbrenner, Berman and Issa:Thank you for your October 30, 2009 letter regarding your interest in a meeting to discuss the performance royalty issue. I appreciate your interest in gaining a greater understand ing of the impact that this legislation will have on your local radio stations and the local communities they serve.In light of the existing laws prohibiting me from lobbying Congress for a period of two years after leaving office, I will need to request and be provided with an ethics waiver that indicates my participation in your November 17 forum is legally and ethically permissible. There is, as I understand , an exception for communications made in the form of congressional testimony. I will need confirmation from the Senate that my participation falls within this, or some other exception.I also must ask if it is possible to meet in the afternoon of November 17. I accepted a speaking engagement prior to receiving your letter, an engagement which has been publicized and would severely crowd a morning meeting. I look forward, however, to working with you to determine an afternoon time on November 17 or another mutually agreed to date and time for this discussion.Thank you for the invitation and I look forward to hearing from you.Sincerely,Sen. Gordon H. SmithPresident and CEONational Association of Broadcasters