Senator Maria Cantwell (D-WA) plans to reintroduce a bill (which died of inaction last session) that would expand the FCC’s LPFM service back out to its original parameters as defined in 2000. She’s released a statement touting the initiative as a plus for media diversity (though she’s off by a week on LPFM’s fifth birthday, but that’s just nitpicking).
However, the more exciting legislative action seems to be taking place at the state level. Although state broadcast lobbies in Florida and New Jersey are criminalizing unlicensed broadcasting, there is a new push afoot in another state (which will remain nameless so as to keep the lobbyists at bay for as long as possible) to enact legislation that would put control of broadcast radio stations whose signals do not cross a state line under the control of that state’s regulator of public utilities.
While unlicensed broadcasters themselves have unsuccessfully invoked this jurisdictional defense in the courts, one wonders if the situation would change if a state attempted to claim part of the FCC’s media regulatory authority and licensed microbroadcasters themselves. Of course, while the FCC would likely go after a state-licensed microbroadcaster, such a move would also likely invoke the state’s participation in the case, which would open up an interesting can of worms indeed. If a state is allowed to usurp the microradio enforcement powers of the FCC, what’s the difference in assuming the licensing function?
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