Music royalty rates are not set by Congress. The Copyright Royalty Board sets rates for compulsory licensing. These are licenses copyright holders have to agree to for certain uses.
Nothing stops Pandora from negotiating regular licenses with content producers. Pandora doesn't do it because they'd get a worse deal that way.
Nothing stops Pandora from negotiating regular licenses with content producers. Pandora doesn't do it because they'd get a worse deal that way.