By Jennifer Barrios
The National Association of Broadcasters (NAB) held their annual conference this year in Las Vegas, and high on their agenda was what to do with those pesky microbroadcasters, or “pirates” as they like to call these crusaders of the airwaves. FCC officials turned out to this event en masse, for it is the NAB who really controls the FCC, not Congress. The FCC spent much time telling the NAB what they wanted to hear: that the FCC is on a single-minded mission to obliterate microbroadcasters from the airwaves and save the precious NAB corporate monopoly. FCC Chairman William Kennard, however, in an interesting comment, indicated that he was not averse to licensing small, micropower stations. “Let me be clear about one thing,” he admonished an old NAB broadcaster at the FCC Chairman’s Breakfast. “Let’s not confuse pirate radio with microbroadcasting.” Is this a sign of the FCC finally cracking, or simply another example of straddling the fence? Will the NAB’s monopoly over the airwaves finally be toppled? Continue reading “NABing the Airwaves”
No More Mickey Mouse Microradio
Pete triDish is one of the driving forces behind West Philadelphia’s Radio Mutiny, and the founder of the Prometheus Radio Project. He’s got a very well-thought out way of thinking about the potential for legal low power radio. Read on:
There has been an ongoing debate in the micropower radio community as to whether or not a legalized micro-radio service should allow for locally owned, commercial stations. Advocates for allowing small-time businesses having stations raise a number of compelling arguments. One is that these small stations would be an excellent business opportunity for minority-owned stations which would serve markets that are currently ignored as a result of the artificially high hurdle to get involved in broadcasting. Indeed, we have already seen this in the example of a station like Hippolito Cuevas’s station in Connecticut – a station that was very quickly accepted by the Latino community, in a town where a fourth of the population is Latino and there is no Spanish language radio. Cuevas makes the argument that there would be no way for him to make his station work without some commercial revenues. He says that the commercials that he would take – for example, from local stores that could never afford the outrageous rates of regular stations – are in fact a form of community service. A growing number of entrepreneurs are becoming interested in this possibility, and the few hints that the FCC has dropped about what sort of proposal it might accept for a legalized micro service have mentioned minority entrepreneurship as a major factor. Continue reading “No More Mickey Mouse Microradio”
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!”
The Art Bell Reaction
Art Bell, the most popular overnight radio talk show host in America, devoted a segment of his Wednesday night/Thursday Morning show (3/25 – 3/26) to the issue of free radio. Art garners a cumulative total of 26 million listeners a day.
It was a great opportunity to advance the publicity (and the idea) of free radio to the masses. But did it really do the job? Unfortunately, things started out well, but thanks to the spontaneity that is both Art’s blessing and curse, the big opportunity may have been blown.
The first hour of the “pirate radio” segment began wonderfully. Art Introduced ACE President Pat Murphy, and they talked up the “good feeling/bad boy” side of free radio. Pat and Art discussed how they, as kids, did the same thing others are doing today and getting SWAT teams up the wazoo for it. Continue reading “The Art Bell Reaction”
Radio Mutiny on Tour
Radio Mutiny, an east coast microbroadcaster, recently took its message DIRECTLY to the people. Instead of confining themselves and their acts of enlightenment and empowerment to west Philadelphia, Radio Mutiny took to the open road. Here’s their take on all the fun. This is the kind of proactive outreach that showcases all things good about free radio.
From January the Twentieth to March the Tenth, Radio Mutiny’s rag-tag band of buccaneers gallivanted from city to city up and down the Eastern Seaboard, leaving a trail of Free Radio in the twenty-five cities in our wake. We sailed the highways in our decrepit vessel, which broke down and needed repairs in more than a few ports of call, we braved the tempestuous weather, the scurrilous incursions of the highway patrol, and damned near contracted scurvy at sea on our diet of gas station junk food. In every town that we put in, however, the townspeople welcomed us with open arms, gave us their beds and properly victualed us, and made every effort to assist us on our journey. Over the course of our voyage, we had opportunity to meet with many hundreds of the ordinary citizens who have been banned from the seas of media by the policies of the wealthy. Continue reading “Radio Mutiny on Tour”
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”