An interesting thread.
No, terrestrial doesn't pass it on to the consumer directly. We would have to pass it on to the ADVERTISER who then passes our fee on to their customer, the consumer. NOBODY wins.
I'm an "over the air" (terrestrial) broadcaster. Like us, XM and Sirius play music, and they already pay the publishers via BMI, ASCAP and SESAC. What's at risk with what is known as the "performance tax" or "peformance rights act" is broadcasters "performing it" for the public. Now here's the thing: If the music industry as a whole (record companies/artists via companies) are asking to be paid, then they ARE, by their own asking to be paid.... a sellable, marketable commodity. But then, so is a washer, dryer, or a dinner out that vendors pay US to advertise via commercials. Thus, music is a product, and radio has always given the music industry basically free advertising, as is XM and Sirius....just by playing the music.
Now, here's the SCARY part. Who is next in line to be targeted? TV is already on the list for music in their shows. The music industry has said so. How about the theatre? Certainly producers and movie companies pay to use music IN the movie, but what about those who go to SEE the movie? Will we start seeing a music performance surcharge at the theatre because the THEATRE is making money playing the movie which contains the music? How about at your favorite restaurant that already has satellite radio services (commercial-like muzak used to be) that they pay-for? will there be a "music surcharge" at dinner because music is performed for those eating dinner? Its a dangerous idea, and basically a bailout for an industry that is crying because they didn't change with the technological times.
What's next? A tax on the amount of toilet paper you use in your business? A per-petal tax for florists? Sounds far fetched, but....it draws a picture of a future where nobody wins.
I am in broadcasting as well and I see how much we already pay BMI & ASCAP yearly. It is already ridiculous, because we help them sell music. It is no different that what has happened with Arbitron. Look how many markets dropped them (mine included). How long before your music doesn't get on the radio at all unless you are on a label that gives an 'exemption' from performance royalties?