Overtime

Watching Congress move to quash the FCC’s new low power FM (LPFM) radio service has been much like watching a train bear down on an unfortunate damsel tied to the tracks.
You knew it was gonna happen, and you knew it would be a nasty sight, but you couldn’t help watching.
And so it happened. On Thursday, the House of Representatives approved a budget bill to fund the Federal Commerce, Justice and State Departments (by an eight vote margin). The U.S. Senate shortly followed suit.
In addition to doling out money to the three government agencies, the bill also contains completely unrelated items, like those restricting the Justice Department from pursuing lawsuits against the tobacco industry and significantly altering immigration laws.
This bill also contains “rider legislation” that will significantly reduce the FCC’s new low power FM radio program. Continue reading “Overtime”

Inside the Smoke-Filled Room

November’s elections are just around the corner, and as the hype on the campaign trail intensifies, Congress is still “at work” in Washington, D.C.
The U.S. Senate is hammering out the federal budget; it approves it in pieces, as separate spending bills that lay out just how much each federal government agency gets to spend over the next fiscal year.
Unfortunately, budget bills not only get loaded down with “pork” (extraneous money seen as gifts Congressfolk get for their specific states or districts), they’re also notorious vehicles for politicians to ram laws through Congress that wouldn’t survive the normal approval procedure (like committee meetings, public hearings, etc.). Continue reading “Inside the Smoke-Filled Room”

Senate Moves to Kill

Congress is back “at work” in Washington, and the radio broadcast lobby has intensified its effort to kill the FCC’s new low power FM (LPFM) proposal through legislation.
It’s been nearly a half-year since the National Association of Broadcasters, conspiring with National Public Radio and others, convinced the House of Representatives to pass a bill drastically gutting the LPFM plan.
Since then, getting action in the Senate has been less successful. The original bill the NAB’s Senate puppets introduced, S. 2068, lost steam after gathering 36 cosponsors. Continue reading “Senate Moves to Kill”

On the Cusp

As often happens in Washington, there’s a flurry of activity on an issue – then it drops from the spotlight for a while. Such has been the case with low power radio.
Ever since Arizona Senator John McCain threw up a Congressional roadblock on the greased rails that the National Association of Broadcasters had built for a bill to ban the FCC’s re-legalization of low power FM stations, activity on Capitol Hill has dropped off.
Originally, many “inside the Beltway” felt that McCain’s introduction of a separate LPFM bill – allowing the FCC’s plan to continue yet opening up the new stations to huge lawsuits from commercial broadcasters, – was just a holding action designed to drain off the NAB’s lobbying momentum. Continue reading “On the Cusp”

The McCain Mystery

On May 30, the FCC will begin taking applications for the first new low power FM radio licenses to be issued since the agency initially banned them more than 30 years ago. Would-be broadcasters in 11 states and the Mariana Islands will get first crack at the 100-watt LPFM licenses; the first station could go on the air as early as August.
Yet a battle rages in Congress to kill the service before it even gets off the ground. So far, 34 Senators have signed onto anti-LPFM legislation that the House of Representatives overwhelmingly approved (with some changes) in mid-April.
But the broadcast lobby’s momentum appears to be slowing. It only takes 51 votes to pass a bill in the Senate (compared to 218 needed in the House) and the number of Senators committed to the bill stalled at around 30 for nearly a month. Continue reading “The McCain Mystery”

The Senate Skirmish

After a short breather thanks to a Congressional recess, both friends and foes of the FCC’s new low power radio plan have regrouped and are beginning to reorganize their efforts in the fight for LPFM’s survival.
The Senate is now back in session, and while action on a bill to kill low power radio in the House of Representatives was quick, all signs point to a much slower go in the second Congressional forum.
The Senate anti-LPFM bill remains in its Committee on Commerce, Science and Transportation, whose chairman is none other than Sen. John McCain (R-AZ), failed Presidential contender and radio industry friend. Continue reading “The Senate Skirmish”

Halfway Dead

It was an often-lively debate, but at the end you weren’t sure whether to laugh or seethe.
After nearly two and a half hours of argument, spin and even some outright lies, the full House of Representatives voted 274 to 110 to approve the “Radio Broadcasting Preservation Act” – spelling the first near-death knell for the FCC’s new low power FM radio service.
While the vote in favor of the bill was carried mostly by Republican votes, the sad truth of the matter is that if it weren’t for the Democrats who said “yea,” this bill would have died. Plus, another 50 Representatives didn’t even bother to vote on it! Continue reading “Halfway Dead”

Calling the Bluff

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”

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”

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”