June first is the deadline for the public to file comments on the FCC’s proposed LPFM rulemaking. Comments must be received in Washington, D.C. by August 2. So, for all intents and purposes, you’ve got less than a month and a half to make yourself heard.
You can talk all you want about how wonderful legal LPFM is to your friends, family and co-workers, but unless you file formal, public comments with the Commission, the people that need to hear your opinions won’t – and all you’ll have done is spout hot air.
The following is a primer into how to file comments – what you write is up to you, and if you need help figuring out what to say feel free to browse through previous features; there’s more than enough food for thought there. Continue reading “Time's Running Out”
Category: FCC
The True Face of the Dark Side
It was to be a busy annual convention for the National Association of Broadcasters: with consolidation at a fever pitch and various new technologies being unveiled, corporate broadcasters all over the nation converged on Las Vegas last week to talk shop and pitch wares.
As is the typical form, FCC Chairman William Kennard addressed the assembled executives and managers at a breakfast meeting.
These annual addresses typically are a “state of broadcasting” kind of speech, where the FCC Chairman at the time lays out his goals for the coming year. One of those goals will be the creation of a low power radio service. In fact, Kennard made special mention of it in his speech.
The entire event was broadcast over the Internet – all but Kennard’s low power broadcasting comments. Continue reading “The True Face of the Dark Side”
First Skirmish
Things may seem like they’re moving at a quick pace, but this is just a flurry of activity before great lull before the next Big Phase in the legalization of low-power FM.
While supporters of a low-power radio service continue to work on their comments and enlightening more people to what may lie on their radio dial, the National Association of Broadcasters is finally grinding into motion. The first meeting of its LPFM “war council,” otherwise known as the Spectrum Integrity Task Force, met last week, undoubtedly laying out the long-term strategy in the fight against legalization.
On the NAB’s own website duscission boards, LPFM doesn’t appear to be drawing much interest. A whopping two posts have been made about the subject, touting all the economic harm that LPRS will supposedly do to “small” stations. Not even a clap from the audience. Either most commercial broadcasters today are woefully Internet-illiterate or don’t really much care about LPFM becoming a reality.
The NAB has a request to extend the deadline for comments and replies on the LPFM proposal until October, which would effectively keep all possible movement forward on the idea bottled up for at least another six months. It claims it wants to use the time to do “studies” on what “interference” LPFM may cause its members’ over-valued “broadcast properties.”
Translated, this means two things: the first is manufacture a “spin” on the technical data – painting as terrible a picture of signal interference as it can. The second is to lobby as much support in Congress as possible for a potential end run around the FCC completely.
LPFM proponents haven’t been napping, either. The Amherst Alliance, frustrated with all of the delays in action, fired off written correspondence to the FCC in tones that were not completely diplomatic on the issue:
5 months passed from the initial RM-9208 Notice in February of 1998 to the closing of the comment period in July of 1998. After that, another 6 months passed from the close of comments to the issuance of a Proposed Rule in late January of 1999. Continue reading “First Skirmish”
The Brewing Congressional Conflict
On the heels of Louisiana Congressweasel Billy Tauzin’s move to squash the LPFM service currently under development at the FCC, those in favor of low-power broadcasting on Capitol Hill aren’t sitting by and watching Tauzin’s tantrum without action. Representative David Bonior, Democrat of Michigan, is now circulating a draft letter to other Representatives in support of the FCC’s work, and plans to send it to the FCC on Wednesday, March 10.
This is a perfect opportunity to pre-empt Tauzin’s moves to kill low-power radio stations, provided Bonior can show enough signatures at the bottom of the letter. The strength is in numbers here – if the FCC has some sort of token nod from a large segment (or, perish the thought, a majority) of the House of Representatives, Chairman Kennard and the rest of the Commissioners would be sent a message that the “will of the people” is behind their actions. It could also send a nice, subtle message to Rep. Tauzin to back off. Continue reading “The Brewing Congressional Conflict”
It's Only Just Begun
Last week, the FCC officially proposed making low-power FM stations a legal part of the radio dial. The statement in itself doesn’t give too many details as to what this broadcast service will look like, except in the most general of forms. When the official text becomes available, expect notice here.
In a nutshell, these are the basics of legal LPFM as currently envisioned: Continue reading “It's Only Just Begun”
1998=1984?
An interesting little email has cropped up among microradio activists recently.
It stems from the recent bust and arrest of the operators of Black Cat Radio in Memphis, TN. The station ops weren’t arrested for the actual act of unlicensed broadcasting, but rather for jacking into the University of Memphis‘ electrical system to to power their transmitter as they broadcast from a parking garage on campus.
The email allegedly came from the U.S. Department of Justice, and it’s reproduced in its entirety below: Continue reading “1998=1984?”
Greasing the Wheel
The following is a report from scouts at the National Lawyer’s Guild’s Committee on Democratic Communications; they went to Washington recently to gauge support for a low power radio legalization effort.
Call To Action
We now have an historic opportunity (ok, its a cheap political phrase) to influence communications policy in the U.S. The window of opportunity is NOW! Believe me– I have talked with a number of people in D.C.– we need to BOMBARD the FCC RIGHT NOW with a massive show of support. We need to show them that the unlicensed micros are serious about wanting a legalized system and we need to show that it has Congressional support. Continue reading “Greasing the Wheel”
Working the System
There are many that say it’s no use to try to change something from the inside. Maybe it’s because they’re not sure how. Once again, legal experts in the microradio movement have a bright idea for tactics – use the FCC’s regulatory system as a tool! Written by Peter Franck, a member of the legal team defending Stephen Dunifer and Free Radio Berkeley.
This is a report, a proposal, and poses questions to the micro community. Please share this with groups that are not on line.
In the Dunifer case, Dunifer’s primary defense against the U. S. government’s request for a court injunction to stop him from broadcasting was that FCC Regulations barring low-power stations from getting a license were unconstitutional. The Court ruled that Dunifer did not have “standing” to raise this defense because he had not applied and asked for a waiver of the licensing provisions. In other words, the Court refused to consider the constitutionality of the regulations because Dunifer had not asked the FCC to waive those requirements which seem to make it impossible for a low-power broadcaster to get a license to broadcast lawfully. (The same Judge, early in the case, had expressed great doubt about the constitutionality of the FCC regulations. In this ruling she was refusing to consider the issue.) While we think the Judge’s reasoning is terribly wrong, the fact is that the FCC has been filing this Judge’s decision in other Courts around the country with some success. Continue reading “Working the System”
Call for Direct Action
There’s a lot of good ideas expressed here by Lorenzo Komboa Ervin, founder of Black Liberation Radio (Tennessee). The list of options is expanding, including the possible addition of acts of “Electronic Civil Disobedience.”
A CALL FOR A DIRECT ACTION CAMPAIGN AGAINST THE FCC AND THE NAB
There is no more current pressing matter than to deter the FCC and its master, the National Association of Broadcasters, along by various political agencies egged on by them, from harassing existing free radio stations in North America. These raids have included the especially punitive raid on Black Liberation Radio in Decatur, Illinois where the children of the station operators have been seized and the operators charged with bogus criminal charges to make them stop broadcasting. It also includes the recent raids of L. D. Brewer’s “Party Pirate 102 FM” and the criminal indictment and conviction of Lonnie Kobres in Florida. In all, over 162 stations have been harassed and shut down (even if only temporarily) over the last 18 months according to the FCC. Continue reading “Call for Direct Action”
Those Opposed
Philip Tymon’s been a busy man (again). 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.
Last week, we heard from our friends. Now the foes sound off – judge for yourself whether the arguments are worthy.
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. Continue reading “Those Opposed”