Radio Free Brattleboro Decision Analysis

The 12-page ruling that came down earlier this spring, forbidding the station from taking to the air ever again, was only written after U.S. District Judge J. Garvan Murtha extended rfb and the FCC a chance to negotiate some sort of amicable settlement. rfb proposed powering down in exchange for the FCC giving Vermont Earthworks expedited consideration of its LPFM application. The FCC refused (though the organization was awarded the right to build WVEW-LP anyway) and went to another federal court for a warrant to raid the station.
With a settlement thus impossible, Murtha had to make a ruling. So he did, and it pretty much tracked with my initial suspicions. He noted that rfb was statutorily barred from receiving an LPFM license; he employed the “jurisdictional wiggle”* to sidestep and otherwise ignore rfb’s constitutional challenges to the FCC licensing regime. He also denied rfb’s call for sanctions against the FCC for double-dipping the legal system in order to take the station off the air. The station had been fairly warned that a raid might be in the cards, and there’s no rule that limits the number of enforcement tools the FCC can employ at any given time. In these respects the decision falls on the unremarkable pile. Continue reading “Radio Free Brattleboro Decision Analysis”

Unleashing Translators for Local Programming?

A small-town broadcast concern in Illinois has filed a petition for rulemaking with the FCC asking it to allow FM translator stations to originate local programming. The only substantive difference between a translator and an LPFM station is that the former can be up to two and a half times more powerful than the latter, though it is required to rebroadcast another source or station; LPFM stations are explicitly encouraged to be live and local.
The petition, filed by the Miller Media Group of Taylorville, IL, owner of seven full-power AM and FM stations, would allow FM translators to broadcast original programming from any point located within 25 miles of its transmitter. It notes the “thousands of FM translator stations authorized, and many more thousands of translator applications awaiting FCC action. [These] could be used for a variety of different programming but for the restrictive FM translator rules now in effect.” Continue reading “Unleashing Translators for Local Programming?”

DIYmedia in San Francisco

Just found out I’ll be making at least one presentation at the Association for Education in Journalism and Mass Communication (AEJMC) conference in San Francisco, August 2-5. I am not particularly comfortable in conference environments (especially academic ones), though Lawrence Lessig is keynoting, which should be cool.
Save for a day-trip a few years ago, I haven’t been to SF since the NAB Meets Media Democracy protests in 2000. This time around there’s friends actually living there. Maybe there’s a way to sneak in a station tour (or two) as well. Anything to avoid the schmooze.

LPAM Petition for Rulemaking Amended

Last October, a coalition of aspiring low-power AM broadcasters and citizens filed a petition for rulemaking at the FCC to create a licensed LPAM service. The comment and reply-comment period came and went, attracting a smattering of public input, including some predictable opposition from most established (commercial) broadcasters. The FCC’s done nothing with it since.
Rumor has it that FCC staff may be more inclined to explore the idea of legal LPAM were the petition streamlined to outline a technically and politically simple service to administer. Otherwise, went the rumor, “come back in a few years” to try again. Continue reading “LPAM Petition for Rulemaking Amended”

Sampling Shortwave With Ease Online

The shortwave pirate broadcast community is significantly small enough that most station operators are friends with one another, though the frequency of station broadcasts over the last year has, at times, been high enough that some have accidentally clashed signals. The FCC has not taken a documented enforcement action against a shortwave pirate since 1998, which has also led to the proliferation of stations. This long run of heavy activity has resulted in an increase in the shortwave listening community.
However, shortwave listening may not be for everyone. Audio quality on shortwave can leave a lot to be desired, and in many cases the pirates broadcasting are so weak (less than 100 watts) that hardcore listeners have to endure lots of static and noise, if only to hear a snippet of a show. Continue reading “Sampling Shortwave With Ease Online”

Quad Cities Pirate Takes FCC Head-On

Much in the spirit of Kantako, when the FCC paid a visit to Power 103.3 in Bettendorf, Iowa last week, the field agent was met at the door by a video camera. Two representatives of the station informed him that they were operating under the authority of 47 CFR 73.3542, which allows for emergency authorization of broadcasts in times of war or national emergency. The local paper’s article about the encounter does not note whether Power 103.3 has complied with the notification provision of the relevant Code.
As if that wasn’t enough, the station plans to preemptively strike in the courts, requesting its own injunction against the FCC to prevent a station raid. Not a lot of details on the grounds for this maneuver, but you have to admire the fight. Should things escalate, “we will probably move the station to buy more time. Then they have to start all over and come inspect that property and serve us another notice. We have back-up plans.” Continue reading “Quad Cities Pirate Takes FCC Head-On”

AMC 2006 Ahoy

In a more constructive vein, should wealthy progressives want to find projects worthy of support they should trek to Bowling Green, Ohio during the last weekend in June for the Allied Media Conference. There, in one place, you will find hundreds of creative people who are already “greenlighting media projects.” The theme this year even fits the bill: “From truth to power: because being right is not enough.”
Having expended my single-dimensional skill-sharing ability last year, this time round I plan to hide out among the films…and bowl.

Take Your Money, Set It On Fire

AlterNet is running a two-part feature on the need for better progressive media in the United States. The sentiments are nice, but they replicate old and tired refrains that money will fix many ills.
First comes a piece from Rick Gell, wherein he laments that if only progressive America had a television network of its own to rival the majors, everything would be better in the political world. Specifically, progressives need a for-profit television network, as the corporate sector is where all the money is.
Gell says we need to wake up and stop believing that “progressives are still the back-to-the-country, anti-automation, communal-living hippies of the sixties and not the Starbucks-drinking, iPod carrying, SUV-driving people many of us really are.” That’s the first hint of a problem. The Starbucks-drinking, iPod carrying, SUV-driving people like Rick aren’t really progressives – they’re Leadership Council Democrats, who sully the term “progressive” by appropriating it. Progressivism represents a way of life, not a lifestyle descriptor. Continue reading “Take Your Money, Set It On Fire”

Scene Report: California

106.9FM, the on-air relay for RadioActive San Diego, is back on the air. The station went dark last year citing financial and FCC troubles (the host of its transmitter was hit with a $10,000 Notice of Apparent Liability). When it signed off it pledged to come back five times stronger. That pledge has been fulfilled: the old 30-watt transmitter’s been replaced with one that does 150.
Earlier this month, Free Radio San Diego went back up to full power, after hobbling along in a weaker configuration since being raided last summer. Station founder Bob Ugly reports the coverage area is “as good if not the best it’s ever been.”