If you've been keeping tabs on the broadcast radio and music industry's proposal to require an FM tuner in every smartphone, you probably won't be surprised by this latest maneuver. The National Association of Broadcasters is hailing a new public opinion poll (which NAB commissioned) that says that most consumers are sympathetic to the radio add-on concept.

Over three-quarters of those polled by the Harris Interactive company told the research group that they would "strongly" or "probably" consider paying a 30 cents fee for a built-in radio chip. The NAB almost instantly praised the news (for which they paid).

The survey results "demonstrate convincingly that there is significant demand for radio-capable cell phones in the United States," declared NAB Executive Vice President of Communications Dennis Wharton. "Unfortunately, most U.S. mobile phone users have been denied over-the-air access to their favorite free and local stations. With much of the U.S. cell phone market built upon exclusive contracts between carriers and manufacturers, most consumers are left paying for fee-based data-intensive streaming apps with no free, broadcast alternative."

Missing question

It's unclear to us how NAB veep Wharton sees the absence of radio chips in some smart phones as "denying" consumers access to over-the-air radio. FM receivers are ubiquitous in consumer's homes, cars, workplaces, and even in various hand held devices. And although mobiles obviously come with subscription fees, services like Pandora and Last.fm are free, and consume relatively little data compared to mobile video.

The Harris poll also noted that the idea was more popular with younger consumers, who cited local weather and music as a radio tuner's top draws. But the survey doesn't really reveal all that much enthusiasm for the concept, unless you regard positive answers to phrases like "probably" and "somewhat important" as signs of interest.

And we'd have loved to see survey results on the question that NAB/Harris didn't ask:

"Do you think that Congress should force mobile device makers to include a radio chip in every smartphone?"

That's the legislative provision that apparently will enable radio broadcasters to get to yes on the Performance Rights Act—the proposed federal law that would require terrestrial radio stations to pay royalties to performers as they currently do to song copyright owners. The NAB and Recording Industry Association of America have been at each other's throats over the issue for years. This seems to be the deal sweetener that will break the deadlock.

Device dictation

Not surprisingly, however, the wireless and device manufacturing trade associations hate this idea.

"We agree with the NAB that some consumers may want phones with FM receivers," the Consumer Electronics Association noted in response to the poll, "and they can have them, since numerous models of radio-equipped phones are already on the market."

"But NAB forgot to ask they key question," CEA added. "Do consumers really want the government to design their phones and require features? The fact is that the NAB doesn't care what consumers want—by turning 'FM' into 'forced mandate' they want to make the consumer buy a radio whether they want one or not."

Ditto, declared CTIA - The Wireless Association.

"A chip mandate is the wrong answer," CTIA Vice President Jot Carpenter warned. "Government-dictated design would reduce innovation and limit consumer choice. In reality, FM capability is available today for consumers who want to access over-the-air radio on their mobile devices."

The Consumer Electronics Association has gone so far as to launch a petition asking Congress to put the kibosh on this scheme.

"It is simply wrong," the petition asserts, "for the NAB and RIAA to resolve their long standing differences by agreeing to burden the consumer electronics industry—which has no relationship to or other interest in the performance royalty dispute—with a costly, ill-considered, and unnecessary new technology mandate. If passed, millions of Americans would be forced to pay more for functions they do not want or use!"

The NAB/Harris study was conducted among 2,587 U.S. adults between August 31 and September 2.

Listing image by Bernie Goldbach