According to this article in the Brattleboro Reformer, the FCC spent the last 15 months ignoring judge J. Garvan Murtha’s concerns about the lack of local access to the airwaves. That’s why he denied the agency’s request for a temporary injunction against rfb in the first place.
Instead, the best assistant U.S. Attorney Michael P. Drescher can come up with, apparently, is “we don’t give out licenses to 10-watt stations, therefore radio free brattleboro must not broadcast.” Which is not exactly true: the FCC’s LPFM service contains a provision for so-called “LP-10” stations that would broadcast with 10 watts or less, but it has never solicited applications for LP-10 stations. How can a station acquire a license the FCC maintains on its books but refuses to issue? Continue reading “FCC Seeks Summary Judgment in radio free brattleboro Case”
Category: FCC
Translator Crusades: D.C. Update
Things are in a somewhat strange state of flux at the FCC regarding the controversy involving speculation and trafficking in FM translator stations, at the expense of spectrum for more LPFM outlets. On March 18 the FCC released a Notice of Proposed Rulemaking (NPRM) which seeks to expand the LPFM service; it also included a six-month freeze on the processing of any more translator applications from the flood dumped on the agency in 2003. However, the rulemaking itself has yet to be formally published in the Federal Register.
Publication in the Register is an important step in the regulatory process. Typically, agencies do not start the clock on a regulatory proceeding until it has been formally published in the Register. In this case, it would formally start the FCC’s comment and reply-comment period, which is supposed to run for up to 45 days following Register publication. Continue reading “Translator Crusades: D.C. Update”
Sacramento Microbroadcaster Sues FCC
KNOZ-LP has no license from the FCC. It’s an 84-watt hip-hop outlet run by a local publisher/promoter in Sacramento, California, squatting 96.5 Mhz. It’s pretty open about why it exists: to offer airtime to local artists who can’t crack the door at the three licensed “urban-format” stations in town. You even can grab aircheck-style mixtape samples of its programming online.
KNOZ went on the air in May of 2004 after the station’s founder, Will Major, consulted informally with the FCC. He was told he’d have to file a license application for an LPFM, and that he couldn’t do that until a new LPFM filing window opened (possibly in 2006). More informally, claims Major, he was told that so long as he stuck to the operational guidelines of the LPFM rules, kept a filled-out license application handy, caused no interference, and generated no complaints, he shouldn’t have a problem. Continue reading “Sacramento Microbroadcaster Sues FCC”
D.C. Circuit Stymies Broadcast Flag
Looks like the hearing in February pretty well telegraphed the sentiments of the three-judge panel, as they unanimously told the FCC Friday to stop trying to play copyright police:
In the seven decades of its existence, the FCC has never before asserted such sweeping authority. Indeed, in the past, the FCC has informed Congress that it lacked any such authority. In our view, nothing has changed to give the FCC the authority that it now claims. Continue reading “D.C. Circuit Stymies Broadcast Flag”
St. Petersburg's Pirate Radio Network Down But Not Out
Bob Noxious has two brass ones: after a scant two months on the air and scads of publicity to show for it, the FCC showed up the day before April Fool’s and told him to shut up. He has complied – for now –
Although we will have to endure a short time of static on the radio, we won’t be silenced for long. Thanks to modern technology…when the PIRATE RADIO NETWORK returns, [the station] will be broadcast from MULTIPLE transmitters in numerous locations throughout the area. Not only will that expand the listening area, but it will be with a much crisper and cleaner signal. Lets see how many transmitters the F.C.C. can shut down at one time! Continue reading “St. Petersburg's Pirate Radio Network Down But Not Out”
Liberation Radio Loses Seizure Challenge, Plans Appeal
A somewhat skimpy story notes the ruling against SFLR‘s challenge came down on March 14. Alan Korn has graciously provided 
a copy. It’s grim reading: first and fourth amendment arguments are bounced, and District Court Judge Susan Ilston avoids the station’s direct challenge to FCC rules with the jurisdictional wiggle (“that issue belongs in D.C., not with me”).
The station’s attorney, Mark Vermeulen, hopes for better things at the Ninth Circuit: “Courts of Appeals have more leverage in establishing new precedents.” Yet the two most successful microbroadcast cases ever litigated, involving Free Radio Berkeley and Radio Free Brattleboro, scored their victories at the district court level. Continue reading “Liberation Radio Loses Seizure Challenge, Plans Appeal”
LPFM Expansion Rulemaking Expected @ FCC
Reliable sources report the agency may be asking for restoration of the service to its pre-Congressional parameters, minus a few qualifications, the significance of which are undetermined.
Could it be true? The day after Mikey Powell leaves the building, LPFM takes a great leap forward? As they say, “developing…”
Update: Indeed, it is true. Also included is a six-month freeze on FM translator applications, which at least halts the RAM/EB/WRL triad for the moment. Nice to see the public interest get respect for a change.
Translator-Mongers Fire Back
Looks like the Edgewater/RAM cabal found out that they’ve been found out. Yesterday they filed an “emergency motion to dismiss” the public petition calling for a freeze on the processing of FM translator applications due to allegations of spectrum speculation and trafficking. It’s an arrogant document wherein they mince no words:
The Petition cites no wrongdoing whatsoever by the Ministries. It resorts instead to wild speculation impugning the character, motives, and methods of the Ministries and their principals. Continue reading “Translator-Mongers Fire Back”
On Falling Close to the Tree
Mikey Powell and Media Bureau chief William (“Ken”) Ferree, until this week top dogs at the FCC, have new gigs to fall into. Powell is heading to the Aspen Institute, a common transitional stop for former Chairmen. Ferree lands a phatter job: Chief Operating Officer at the Corporation for Public Broadcasting. Ferree, architect of the (mostly failed) media ownership review, now making critical decisions on funding for public radio and TV. Sounds like a match made in heaven!
Liberation Radio Plans Appeal
Another strange day in court for the folks at San Francisco Liberation Radio. This morning they got another chance to argue their case in front of federal district judge Susan Illston: this time the station’s legal team emphasized that it has eight years’ worth of correspondence with the FCC, which should (at some level) make their case somehow different, and their argument against the station raid and seizure process somehow more compelling.
Karoline Hatch wrote in an update: Continue reading “Liberation Radio Plans Appeal”