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

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Chairman Patrick Leahy
433 Russell Senate Office Building
Washington DC 20510

Senator Orrin Hatch
104 Hart Senate Office Building
Washington DC 20510

Chairman John Conyers
2426 Rayburn House Office Building
Washington DC 20515

Representative Sensenbrenner
2449 Rayburn House Office Building
Washington DC 20515

Representative Howard Berman
2221 Rayburn House Office Building
Washington DC 20515

Representative Darrell Issa
2347 Rayburn House Office Building
Washington DC 20515

November 5, 2009

Dear 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 stations and the local communities they serve.

In light of the existing laws prohibiting me from lobbying Congress for a period of two after leaving office, I will to request and be provided with an ethics waiver that indicates my participation in your November 17 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 meeting. I 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. Smith
President
and
Association of Broadcasters



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