Life has not been kind to the microbroadcaster as of late – it’s almost as if the radio industry is goading free radio fighters into a conflict when the two camps clash head-on next week in San Francisco.
First came word early this month that Micro Kind Radio, a microradio station in San Marcos, Texas – who’s been on the air 24 hours a day seven days a week since 1997 – has been shut down due to a temporary federal court injunction.
This showdown was long in coming: more than two years ago, after unsuccessfully attempting to intimidate one of the founders of Micro Kind with an $11,000 fine, the FCC served Kind with a cease and desist order. The station responded by filing a lawsuit of its own claiming the FCC’s licensing rules ran afoul of the First Amendment right to freedom of speech. Continue reading “The Dark Side Regroups”
Category: FCC
The Pirate's Presidential Primer
Now that the two major political parties in America have have wrapped up their dog-and-pony shows for their respective Presidential candidates, it’s time to start thinking about who to cast that ballot for.
While it’s almost a sure thing one of the Republicrats will win, there are more than two choices on your ballot – and every vote counts – so make sure to spend it on the candidate you truly believe in.
That being said, there are many single-issue voters in America; it’s why things like taxes, crime, education, abortion and the like tend to garner a lot of discussion during the campaign circus process. Continue reading “The Pirate's Presidential Primer”
Cannibalism at its Best
It was less than three years ago that Nick Leggett, Judith Leggett and Don Schellhardt officially filed the first Petition for Rulemaking (RM-9208) that led to the Federal Communications Commission’s ultimate creation of the new low power FM (LPFM) radio service.
What a difference three years can make. During that time, Schellhardt co-founded the Amherst Alliance, one of the most vocal and notable pro-LPFM groups in the nation.
Amherst was very active during the FCC’s LPFM proceedings, and Schellhardt even testified in front of a Congressional subcommittee defending the agency’s plan against the industry push to legislatively abort the service. Continue reading “Cannibalism at its Best”
The Carrot and the Stick
In any three-way war, the enemy of your enemy is your friend.
The Federal Communications Commission’s initiative to legalize low power FM radio was a something many unlicensed broadcasters had supported (and worked to demonstrate) and some formally petitioned the FCC to undertake the initiative.
During 1999, while the FCC fleshed out its plans for LPFM, agents in the field claimed to have closed down 154 “pirate” stations.
While the agency won’t publicly admit it, in the wording of its LPFM rules was buried a small caveat to currently active unlicensed broadcasters that they could qualify for a license if they desired, so long as they shut down immediately. Continue reading “The Carrot and the Stick”
Party Pirate Gets Broadside
On Friday, Tampa’s Party Pirate 102.1 received a double whammy from the FCC.
The day’s issue of the Federal Register included a terse announcement from the agency that Leslie “Doug” Brewer and his two-way radio business had been fined $10,000 for allegedly selling an “unauthorized FM radio transmitter” above the legal Part 15 power limit. According to the FCC, an undercover agent placed the order and made the purchase.
Also on March 3, Doug Brewer found out that a Federal court ruled in favor of the FCC in its seizure of two-way radio equipment stemming from the November 1997 raid of his station. The government gets to keep thousands of dollars worth of equipment not remotely related to FM piracy as “spoils” from their military-style raid on his home. Continue reading “Party Pirate Gets Broadside”
Asking for More
It seemed like a huge victory for those fighting for access to the airwaves when the FCC decided on January 20 to re-legalize low power radio in the United States.
The celebration was short-lived, however, when the details of the plan were laid bare. In addition, those who fought the idea all along have redoubled their efforts to kill the new LPFM service with legal and legislative pressures and a burgeoning propaganda campaign.
In the midst of the largest firestorm low power radio’s ever experienced, the Amherst Alliance has petitioned the FCC to take a second look at LPFM – officially filing a Motion For Reconsideration over the newly-created regulations. Continue reading “Asking for More”
Multiple Threats
As groups get organized and prepare to apply for an LPFM license when the first opportunities come around in May, opposition to the new service is growing and attacking from multiple directions.
There are three threats which pose significant immediate danger to the new LPFM service. Each one is unique, and each one could shut the service down before it even starts.
The first threat is Congress. Rep. Mike Oxley’s (R-OH) “Radio Broadcasting Preservation Act of 1999” continues to draw more co-sponsors; it’s very likely that by the end of February, anti-LPFM forces will have mustered over half the votes they need to get the bill through the House of Representatives. Continue reading “Multiple Threats”
Radio Cops: Beefup or Breakdown?
Just one day before the Federal Communications Commission approved the creation of a low-power FM service, Chairman William Kennard spoke to a group of telecommunications companies and laid out his vision of what the FCC’s new “enforcement ethic” would be in the year 2000 and beyond.
A couple of months ago, the FCC reorganized its resources and created a whole new Enforcement Bureau – consolidating all of the agency’s enforcement activities into one central organization.
Under the old hierarchy, the regulation of telephones, cable companies and radio stations were handled in different FCC bureaus – and each bureau had its own enforcement agents. Now, those agents share a bureau of their own. Does this portend good or bad news for pirate stations? Continue reading “Radio Cops: Beefup or Breakdown?”
FCC Legalizes LPFM
Despite massive resistance from the broadcast industry, the Federal Communications Commission has issued a Report and Order creating a low power FM radio service.
Although it cited everything from the massive public demand to the First Amedment to diversity on the airwaves, the Commission was still divided on the issue, and victory was slim. The vote was 3-2 in favor of legalizing LPFM.
However, the new service is not perfect, and will not serve everyone it could have. The full regulations governing LPFM have yet to be completely written, but the general concept is now reality.
The first applications for LPFM stations might be taken as early as May; there will be a five-day filing window for the applications, and the FCC will give a 30-day notice before opening the application window.
Here are the essentials of the new low power FM radio service: Continue reading “FCC Legalizes LPFM”
A Chat with Harold
Today Federal Communications Commissioner Harold Furchtgott-Roth gave a talk to the University of Wisconsin-Madison Public Utility Institute. The event was open to the public, so I went. When’s the next chance of a Commissioner showing up in your backyard – especially on the eve of the vote on low power radio?
After his talk was a social reception. As it wound down, I was able to corner Harold and ask about the LPFM proposal and its future. I was up-front about this site and my work, and he was surprisingly cordial and attentive. It was a good discussion.
But what I learned was disappointing. We’ve already covered the severe limitations LPFM will be saddled with, and how its potential will be reduced to nearly zero. But hearing why from the mouth of one of the five Commissioners who will soon make it so was even worse. Continue reading “A Chat with Harold”