was using radio broadcasts in the same way that he would use live musicians, to entertain the customers. Only it costs him less to do it that way.

Then they said that the existing law, which exempted music use by home-style apparatus, was too vague and led to too much litigation. That we agreed with. So we said (as did the bipartisan leadership of the Intellectual Property Subcommittee), let's sit down together and work something out. We made market place offers to expand the "home-style" exemption. We always have believed that this is a market place dispute between the owners of property and the users of property and should be decided in the market place. All we got was a stone wall. We addressed many other points as well -- we offered a code of conduct for both sides' dealings with each other, regional arbitration of fact disputes regarding our licenses, and instantaneous electronic access to information about our repertoire, which now exists and is available by direct modem, through the Internet, by 800 number, or by mail. And still we were stonewalled.

But then the National Licensed Beverage Association, the group which had started the whole process, came to us and said that they did want to work something out. And, in the course of a long hard day of bargaining, we and they reached an agreement. It would clarify the law. And according to the Congressional Research Service, it would exempt almost 70% of the restaurants and taverns in this country. The only ones

which would pay fees for radio and TV music would be places the large chain restaurants and

over 3500 square feet

similar establishments.

It is regrettable that the NLBA was not given the opportunity to testify about the market place agreement we have reached, while not one, but two representatives of that group for which an exemption of 70 plus percent of their members isn't good enough, are here to complain.

One other major group behind this pernicious legislation is the Religious Broadcasters Music Licensing Committee. These owners of religious format stations are operating commercial enterprises, which use our music and are making huge profits. Let me tell you just how huge. The head of the RBMLC, Ed Atsinger, owns 26 radio stations through his Salem Communications Corp. In May, 1995, he bought KDBX-FM in Portland, Oregon for $1.3 million. The April 15, 1995 edition of Broadcasting & Cable magazine announced that he he was

selling the station for $14 million

was

an increase of 976.9% in a year. In 1994, the ASCAP license fees for all the Salem stations amounted to six-tenths of one percent of their gross revenues. That's the nature of the businesses which believe that by using the word religion they are somehow relieved of their obligation to pay a fair fee. What is worse, to adopt the viewpoint of the religious broadcasters is to state unequivocally that Christian music is to be valued less than other forms of music. We can never accept that premise. And

don't let them fool you

ASCAP royalties are paid for what's

performed on radio to those whose works are performed, and those who write Christian music are paid for the performances of their music.

Yet what is it that these owners of profitable commercial broadcasting enterprises want? First, they want a complete exemption for the use of music in "religious services" which they broadcast. Never mind that that the various forms of agreements in place were negotiated with representatives of all types of radio stations and never mind that they make a lot of money from those broadcasts. Why is Christian music worth less than other music? I surely don't think that it is, yet that is what they are telling you. Then, they want to force ASCAP to offer a new form of license agreement because they want to pay even less for the music they do use. Never mind that they're seeking the same relief in federal court in a case to be tried in four months and evidently can't wait for the outcome. That's just not right.

It is

My music is all I've got. It's what I rely on to feed my family, to pay my bills, to provide for my retirement. my property. The owners of the restaurants and religious stations testifying before you want to pass legislation that amounts to a "taking" of my property. Surely this Congress in particular believes in market place solutions. Surely this Congress in particular is opposed to the taking of private property.

The representatives of these organizations complain about cost. Yet what they pay is a pittance. I think it's clear

where fairness lies, and I hope that you won't let these powerful interests run roughshod over this small businessman and the tens of thousands of his struggling colleagues who work hard everyday to continue to make American music the most popular in the world.

Pat Alger

Singer/songwriter/guitarist Pat Alger grew up in the small town of LaGrange, Georgia. In the mid-sixties, Pat moved to Atlanta to study architecture at Georgia Tech. While at Tech he began writing songs and performing at folk clubs.

Pat had his first taste of big songwriting success in 1980 when Livingston Taylor recorded "First Time Love" which became a two chart hit - Top 40 Pop and Top 10 Adult Contemporary. In 1981, he moved to Nashville to concentrate on songwriting, building a catalog of material that such people as Nanci Griffith, The Everly Brothers, Dolly Parton, Peter, Paul and Mary, Crystal Gayle, Brenda Lee and many others have recorded. He has two number ones for Kathy Mattes, "Goin' Gone" and "She Came From Fort Worth", as well as her top five hit, "A Few Good Things Remain". Since January of 1991, Pat has scored six number ones. Garth Brooks' "Unanswered Prayers", "The Thunder Rolls","What She's Doing Now", "That Summer"; Hal Ketchum's "Small Town Saturday Night" and Trisha Yearwood's "Like We Never Had A Broken Heart" and is the writer of the top five Don Williams single, "True Love" and Mark Collie's top twenty single, "Calloused Hands". Other cuts include Garth Brooks' "The Night I Called The Old Man Out" from Garth's newest album titled IN PIECES, Kathy Mattea's "Seeds", Hal Ketchum's "Softer Than A Whisper" and Skip Ewing's "Rodeo Romeo".

Pat continues to perform live locally and on the road. From 1984 through 1988, he was the opening act for the Everly Brothers on almost all of their live shows in the US and Europe. His first solo album, "True Love And Short Stories" was released in 1991 on Sugar Hill Records. The critically acclaimed album was distinguished by appearances by Trisha Yearwood, Lyle Lovett, Nanci Griffith and Kathy Mattea. Pat's second album, entitled SEEDS, was released in 1992. It also featured many of Pat's friends, (Garth Brooks, Kathy Mattes, Trisha Yearwood and Tim O'Brien.) Last year, Liberty Records released "Notes And Grace Notes" and sponsored a tour throughout the US and Europe

Along with his songwriting and performing careers, Pat remains actively involved in various facets of the music industry. He is currently President of the NSAL, National Trustee for NARAS, on the Board of Directors of Leadership Music, on the ASCAP Writer Advisory Committee and recently elected as a Board of Director to the Country Music Association.

In 1991 Pat was elected Songwriter of the Year by the Nashville Songwriters Association International. That year he was also Songwriter of the Year in Music Row Magazine, Radio & Records Magazine and Cashbox Magazine as well as Jukebox Songwriter of the year for ASCAP. In 1992, he won the prestigious Country Songwriter of the Year for ASCAP. Pat was also the recipient of two CMA Triple Play Awards for three number one songs in one year.