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ASCAP Asks FCC for Deadline Stipulation if Pandora Buys KXMZ

If the FCC grants Pandora’s application to buy KXMZ(FM), Box Elder, South Dakota, the FCC should “condition the grant on Pandora's agreement not to assert entitlement to the [American Society of Composers, Authors and Publishers] Radio Group License prior to…

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January 1, 2017,” ASCAP said in an ex parte filing posted in docket 14-109 Wednesday. Pandora has been seeking to buy the station since 2013 (see 1306170033). “This would allow Pandora to own KXMZ, which is what it says it wants, but it would mitigate the public interest harms by enabling the music industry, radio broadcasters and Pandora to continue ongoing efforts to resolve issues that, if not resolved, threaten to lead music licensors to take steps that would ultimately impact negatively the bulk of the commercial radio industry,” said ASCAP. Songwriters and music publishers have said that Pandora’s purchase of the station could provide the digital broadcaster with the same publishing royalty rates as terrestrial competitors, which would provide the former with a competitive advantage.