Those in Favor

Philip Tymon’s been a busy man. He’s part of the National Lawyer’s Guild Committee on Democratic Communications, and he’s going through all of the comments filed so far during the FCC’s ongoing LPFM rulemaking machinations. While this list in no way is meant to be a complete overview of who’s saying what, it is a good snapshot in how the two sides are arguing their case. Next week, we’ll hear from the opposition.

I have summarized about 100 of the comments received by the FCC in the microradio proceeding. I believe there are about 150-160 total. While I went through them fairly randomly, I think I got more of the in favor than opposing. Therefore, when I post the complete summaries, there will probably be a lot more in opposition. I am posting a partial list for those who might want to start looking it over now. I have decided to group them by state.

(* preceding a name indicates one of about a dozen identical one-page comments submitted, apparently, by a Pentecostal organization.) Read More

Body Blows

It hasn’t been a good few weeks for microradio.

During the first days of June, the head of the FCC’s Compliance and Information Bureau, Richard Lee, made numerous postings to various free radio discussion areas on the Internet claiming that his department had a done a state-by-state audit of all free radio stations in operation. According to Mr. Lee, the number of stations operating nationwide is less than 200. Lee also said that the stations identified will be dealt with. His messages were met with curious silence.

In mid-month, apparently out of the blue, the California federal judge that granted Free Radio Berkeley a temporary injunction keeping the FCC at bay reversed her decision. Judge Claudia Wilken said that Free Radio Berkeley’s argument – that the FCC’s issuance and allocation of station licenses restricted free speech rights – didn’t hold water because FRB never attempted to get its own license. The FRB folks have promised to appeal. Read More

The Opposition is Getting Jumpy

The following is the text of a broadcast fax sent late last week to commercial stations nationwide. Radio Ink is one of the largest magazine publications in the broadcast industry.

*ALERT!*

AN URGENT ONE-TIME FAX FROM RADIO INK PUBLISHER ERIC RHOADS. APRIL 23, 1998

ATTENTION: Please forward to the highest ranking official in your station immediately.

Urgent! The FCC Is About To Screw Broadcasters Again.
We Need Your Help Before Friday April 24. Read More

Stephen Dunifer’s Briefing Paper

By Stephen Dunifer

In every FCC action brought against micropower broadcasters Part 15 has always been cited. Given the FCC’s own definitions this is a blatant misapplication of their own regulatory structure.

First let us examine the definition of a FM broadcast station under Part 73:

FM broadcast station. A station employing frequency modulation in the FM broadcast band and licensed primarily for the transmission of radio-telephone emissions intended to be received by the general public. (§ 73.310 FM technical definitions.)

Note the operative phrase “to be received by the general public”. Even though micropower stations are non-licensed their emissions are intended to be received by the general public. Further, they operate in the FM broadcast band and employ frequency modulation. Therefore, they are an FM broadcast station as defined by 73.310. Read More

Stop the Insanity!

RM-9208 PETITIONERS ASK FCC FOR SUSPENSION OF PROSECUTIONS

by Don Schellhardt

The RM-9208 Petitioners (Nick Leggett, Judith Leggett and Don Schellhardt) ask the Federal Communications Commission for a suspension of microbroadcasting prosecutions.

EXCERPTS FROM THE LEGGETT/SCHELLHARDT SPECIAL COMMENTS

We ask the Commission to take the following steps:

1. Suspend all ongoing microbroadcasting prosecutions until such time as the Commission has: (a) adopted a final rule which legalizes some or all microbroadcasting stations; OR (b) decided and announced that it will not legalize any such stations.

In other words, all ongoing prosecutions would be suspended while the Commission’s current reconsideration of its microbroadcasting policy is in progress. Read More