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. (ยง 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”
Tag: stephen dunifer
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”
NAB Declares War; Dunifer's Response
Recently the National Association of Broadcasters sent out a communication to its members urging them to be listening closely to their FM dials for “pirates” and, if any are found, to report them immediately to the FCC. Microradio activists have taken this as tantamount to an act of war.
What follows is a response from Stephen Dunifer, founder of Free Radio Berkeley. Now that the NAB has stepped in and is trying to throw their weight around on free radio, it’s about time someone stepped forward in defense of microcasting.
In response to the direct attack on micropower broadcasting by the National Association of Broadcasters (NAB) we, as a coalition of Micropower Broadcasters, supporters and interested parties, make the following statement. Continue reading “NAB Declares War; Dunifer's Response”