There is now compelling evidence that the National Association of Broadcasters’ current lobbying effort for an outright ban on low power FM radio stations is based on corrupt and intentionally misleading scientific data. This includes information the NAB recently presented as testimony front of a Congressional subcommittee.
The NAB has fought long and hard against the FCC’s new low power FM ruling, spending millions of dollars to try and prevent the FCC from legalizing the service. It lost. Now it is trying the ultimate trump card by pulling the strings of Congress.
As part of a drive to get a “Radio Broadcasting Preservation Act” passed in both the House and Senate, it has been distributing a compact disc to members of Congress that claims to illustrate the interference low power FM stations would cause to full-power stations. Continue reading “Calling the Bluff”
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”
Propaganda
If you were holding out hope hope for seeing a legal and viable LPFM service, let go.
Regardless of the flaws in the plan, like the restrictive ownership qualifications and interference standards (which effectively cut out the majority of the American listening public from any new stations), the chances of actually seeing the service flourish are dimming quickly.
On top of a massive lobbying and legal campaign, the attack on LPFM is expanding. Legislation and lawsuits should not be our biggest concern anymore, because now broadcasters are preparing to use their stations – on our airwaves – to kill LPFM. Continue reading “Propaganda”
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?”
All's Not Well
On the heels of the FCC’s vote to create a low power radio service, advocates of LPFM – who’ve fought long and hard for more than a year on the issue – are celebrating. It’s a well-deserved morale boost, but by no means does the FCC’s action victory.
The war over LPFM is a multi-front battle, and while advocates have made substantial gains in front of the FCC, more dangerous fronts still remain.
The Federal Communications Commission, like any other government agency, operates at the whim of Congress. It is Congress who sets the FCC’s funding level, and it’s Congress who tells the FCC what to do by crafting the laws that imbue the agency with its power. Continue reading “All's Not Well”
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”
Square One
Various news outlets – some radio-related and others mainstream – say the Federal Communications Commission will move toward a vote to make low power FM radio a reality this week. Many advocates who’ve worked long and hard to see this happen are shouting victory.
On the surface, it’s a heady development – but a closer look at the details shows it’s really not much different from the status quo. There is no cause for celebration; we’ve tried to work with the system, and – mark my words – it will let us down.
Whatever happens this week, it will be one big lie. Continue reading “Square One”