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.) Continue reading “Those in Favor”
Category: FCC
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. Continue reading “Body Blows”
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. Continue reading “The Opposition is Getting Jumpy”
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. Continue reading “Stephen Dunifer's Briefing Paper”
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. Continue reading “Stop the Insanity!”
RM-9208 Petitioners Talk Back
This is the text of written comments filed with the FCC by the RM-9208 Petitioners (Nick Leggett, Judith Leggett and Don Schellhardt) on Wednesday March 4, 1998. It shows you how the LPFM discussion is evolving within the free radio community, and how some consensus-building can do good things. So now, what’s next?
We, the undersigned Petitioners, whose Petition is the subject of Docket No. RM-9208, hereby submit written comments. We are three private citizens, motivated by a desire to advance the public interest and a deep concern for the future of America.
SUBMISSION OF A VIDEOTAPE AS ADDITIONAL EVIDENCE Continue reading “RM-9208 Petitioners Talk Back”
Counting Your Chickens
We’ve all heard that old adage, “Don’t count your chickens before they hatch.” While it’s an overused cliché, it’s very applicable to the free radio community right now.
The buzz in the movement is all about the two proposals for an LPFM service filed with the FCC over the past couple of weeks. It’s important to remain realistic. While the FCC has received both Petitions for Rulemaking and is currently accepting comments on them, we shouldn’t lose sight of some simple facts:
Free Radio remains illegal. Check this scenario: the FCC receives a complaint about a “pirate” in the area. Through their voluminous investigative means, they’re able to track down the “pirate.” After taking field measurements, the goons get permission to move in. As they drive up to the station, they can hear the signal strong and clear. The lead goon knocks on the door, and the station op opens it. As they muscle in, the op can be heard crying, “Wait! The rules are changing! What I’m doing won’t be illegal for long!” Continue reading “Counting Your Chickens”
Free Radio Berkeley Wins Round in Court
FOR IMMEDIATE RELEASE
National Lawyers Guild Committee on Democratic Communications
PRESS RELEASE
Court Rejects FCC’s Constitutional Catch 22
United States District Court Judge Claudia Wilken has rejected another attempt by the Federal Communications Commission to silence Berkeley Micro Radio Broadcaster Stephen Dunifer, founder of Free Radio Berkeley.
In a 13 page opinion released on November 12, 1997, Judge Wilken once again rejected the government’s motion for an injunction to silence micro radio broadcasts by local radio pioneer Stephen Dunifer. Continue reading “Free Radio Berkeley Wins Round in Court”
Inspecting a Public File
The FCC recently issued a Notice of Proposed Rule making seeking comment on the location of a station’s public inspection file (MM Docket #97-138). According to current FCC rules, licensed stations must keep a stack of required documents on hand at the station’s main studio for anyone to inspect.
Most of the time, the most expected person to inspect the file may be a visitor from the FCC. But since the FCC doesn’t get around to inspecting stations that much, stations sometimes neglect their public files, missing updates and other pieces of information that, if discovered missing, could very well cost the station a hefty fine or license problems.
Now a move is afoot to allow stations to literally distance themselves from the people they serve. MM Docket #97-138 would allow stations to locate their studios farther away from the community they’re actually licensed to. That isn’t that big of a deal; so many radio stations are now automated, carrying pre-packaged programming from somewhere else, that they’re really not “serving” the community of license with their air signal anyway. Continue reading “Inspecting a Public File”
The Hundt Follies
FCC Chairman Reed Hundt has announced his resignation from office. Hundt’s in good company; FCC Commissioner James Quello has already announced his intent to step down, and Commissioner Andrew Barrett flew the coop in April.
The current Commission has been unmatched in its zeal to sell out the public. It was under Hundt and cohorts that auctions of portions of the spectrum became common practice. While the agency was mandated to adopt the process with the passage of the Telecom Act of 1996, the zeal with which it went ahead with the sales is disturbing.
The auctions have been somewhat controversial, but when the plan brought hundreds of millions of dollars into the government’s coffers, the outcry slackened off. Now the winning corporations “own” the rights to broadcast on various areas of the spectrum, and the public loses. Continue reading “The Hundt Follies”