RECLAIMING THE AIRWAVES

Question:

"…the National Lawyers Guild Committee on Democratic Communications(NLGCDC) [has found] that the FCC’s ban on low power community broadcasting violates both the US Constitution and International Human Rights Law. "the FCC is applying severe administrative and criminal sanctions, intended for application to large-scale operators, to micro radio broadcasters with the goal of completely precluding all such broadcasts. [..]the FCC is relying upon regulations which were intended solely for application to large-scale, commercial broadcasters, and which were promulgated long before the advent of technology that makes possible micro radio; indeed, even before the advent of FM broadcasting. "In light of the FCC’s pitiful ruling that the Home Shopping Channel serves the public interest, it is obvious the FCC is more interested in protecting the status quo of commercial and corporate interests than actual public interests. "’We will not be silenced by federal agencies who hide behind a facade of serving the public interest to mask their flagrant abuse of regulatory power, public money and resources to defend, promote, and serve private corporate media interests.’ "The FCC’s application of these regulations violates the First Amendment rights of individuals seeking to exercise those rights via methods and mediums that were technologically impossible when the regulations were created." Topic 581 FCC Ruling challenged by FRB! (fwd) stephenpd misc.activism.progressive 11:46 am Jul 13, 1993 (at aol.com) (From News system) FOR IMMEDIATE RELEASE: Wednesday, July 7, 1993 For further information call: Louis Hiken, Attorney at Law, (415) 705-6460 Free Radio Berkeley (510) 464-3041, FCC’s Actions Against Alleged Micro Power Broadcaster Challenged by Recently Filed Legal Response. In response to the Notice of Apparent Liability, in the amount of $20,000, brought by the Federal Communications Commission,against Stephen Dunifer for allegedly broadcasting without a license, attorney Louis Hiken has filed a 13 page response that refutes this action by the FCC on the grounds that it is "unwarranted, procedurally flawed, constitutionally invalid, and calls for a forfeiture amount that is grossly disproportionate to the alleged violations and which exceeds the maximum limits set by statute". Quoting further, "The Federal Communications Commission policies with regards to micro radio broadcasting have failed to keep pace with the rapid proliferation of technological advances in the field of communications. The FCC’s current regulatory scheme completely prohibits micro radio broadcasters and their listeners from accessing the public airwaves. To enforce this absolute prohibition, the FCC is relying upon regulations which were intended solely for application to large-scale, commercial broadcasters, and which were promulgated long before the advent of technology that makes possible micro radio; indeed, even before the advent of FM broadcasting. The FCC’s application of these regulations violates the First Amendment rights of individuals seeking to exercise those rights via methods and mediums that were technologically impossible when the regulations were created." The fundamental problem is that the FCC has not provided procedures by which micro radio broadcasters can become licensed or authorized. Instead, the FCC is applying severe administrative and criminal sanctions, intended for application to large-scale operators, to micro radio broadcasters with the goal of completely precluding all such broadcasts. As the named party by the FCC, Stephen Dunifer stated "This recently filed response is an extremely clear and succinct defense of micro power broadcasting. It is my hope that we can establish a clear and binding legal precedent which will protect the internationally recognized right of communication between individuals and communities. In light of the FCC’s pitiful ruling that the Home Shopping Channel serves the public interest, it is obvious the FCC is more interested in protecting the status quo of commercial and corporate interests than actual public interests. As the one dissenting FCC commissioner, Evin Duggan, put it – ‘Today, sadly. the commission puts forward a minimalist definition of the public interest standard, at precisely the moment we should be mending and refurbishing that tattered banner,’. Despite the most recent actions of the FCC, Free Radio Berkeley will continue its weekly Sunday broadcasts as a community free speech project, from 9 PM to 12 Midnight at 88.1 on the FM band . We will not be silenced by federal agencies who hide behind a facade of serving the public interest to mask their flagrant abuse of regulatory power, public money and resources to defend, promote, and serve private corporate media interests." Peter Franck, speaking for the National Lawyers Guild Committee on Democratic Communications(NLGCDC), stated, "The NLGCDC has laid the groundwork for the defense of Mr. Dunifer and Micro Radio practioners. The work of the CDC focuses on the rights of all people to have a world-wide system of media and communications based on the principle of cultural and informational self-determination. Its research has led it to find that the FCC’s ban on low power community broadcasting violates both the US Constitution and International Human Rights Law. Full length copies of the brief may be obtained by calling one of the above numbers. On Wednesday, July 14 a public forum is being sponsored by a newly formed organization, the Free Communications Coalition (FCC). The forum is entitled – Micro Power Broadcasting and the Right to Communicate - will be held at the Unitarian Fellowship on the corner of Cedar & Bonita in North Berkeley one block east of Martin Luther King Way. It is scheduled to begin at 7:30 PM. The forum will feature a panel of speakers that include: Norman Solomon, syndicated columnist and author of Unreliable Sources; Louis Hiken from the National Lawyers Guild Committee on Democratic Communications; Maria Gilardin, independent radio producer; Keith Mc’Henry from Food Not Bombs Radio Network; Richard Edmondson with San Francisco Liberation Radio; Stephen Dunifer representing Free Radio Berkeley; and Rahim Habib with Radio Free Babylon. Complementing the speakers, a video produced by Paper Tiger on Black Liberation Radio and Irish Women’s Radio will be screened. In addition, a micro power broadcasting station running within the legal limits will be set up to broadcast the forum live to North Berkeley at 88.1 on the FM band. A donation of … is being requested at the door. Proceeds will go to the support, promotion and defense of micro power broadcasting.

Response:

Although I agree with the idea of low power broadcast for the masses, I have serious concerns with the idea of non-technical people adding amplifiers to Ramsey FM-10 kits and other BA1404 based transmitters. Here is why: 1. The BA1404 is not crystal controlled so it can drift in frequency. It could very easily interfere with another station. 2. Building "clean" RF amplifiers is non-trivial. Building RF amplifiers that put out harmonics and spurious signals is very easy. Thus it would be very easy to build something that would interfere with both other FM stations and other services. The aircraft band is very near the FM broadcast band. 3. The propigation of these sorts of transmitters makes a good excuse for the FCC to clamp down on pirate broadcasting. Is there an alternative? Yes. Building a crystal controlled transmitter would be relatively easy as would a synthasized one. Crystal control offers excellent frequency stability but means that you must buy a new crystal (~$8) for each frequency change. A synthasized transmitter offers a set of frequencies (easily all frequencies in the FM band) for a higher cost and more trouble in construction and alignment. There is a company in California that used to sell kits but the FCC harassed them enough that they only sell the outside the USA. Personally I think it would be much better to have stable transmitters available for pirate stations rather than squashing the supply of such devices so pirates go for the unstable ones. I don’t know the level of interest here but I do know of a couple of people that were considering making a synthasized transmitter. Feel free to e-mail me and if there is sufficient interest they might make a kit or at least make their PC board available. I have no real idea of the cost but would expect parts to be in the $30-$50 range. This would just be an exciter (probably 100mw output). I don’t know what they were going to do for an amplifier but, if there is interest, will attempt to find out. — Phil Hughes – FYL – 8315 Lk City Wy NE – Suite 207 – Seattle, WA 98115 Phone: 206-526-2919 x74 Fax: 526-0803

Response:

- Hide quoted text — Show quoted text – Although I agree with the idea of low power broadcast for the masses, I have serious concerns with the idea of non-technical people adding amplifiers to Ramsey FM-10 kits and other BA1404 based transmitters. Here is why: 1. The BA1404 is not crystal controlled so it can drift in frequency. It could very easily interfere with another station. 2. Building "clean" RF amplifiers is non-trivial. Building RF amplifiers that put out harmonics and spurious signals is very easy. Thus it would be very easy to build something that would interfere with both other FM stations and other services. The aircraft band is very near the FM broadcast band. 3. The propigation of these sorts of transmitters makes a good excuse for the FCC to clamp down on pirate broadcasting. Is there an alternative? Yes. Building a crystal controlled transmitter would be relatively easy as would a synthasized one. Crystal control offers excellent frequency stability but means that you must buy a new crystal (~$8) for each frequency change. A synthasized transmitter offers a set of frequencies (easily all frequencies in the FM band) for a higher cost and more trouble in construction and alignment. There is a company in California that used to sell kits but the FCC harassed them enough that they only sell the outside the USA. Personally I think it would be much better to have stable transmitters available for pirate stations rather than squashing the supply of such devices so pirates go for the unstable ones. I don’t know the level of interest here but I do know of a couple of people that were considering making a synthasized transmitter. Feel free to e-mail me and if there is sufficient interest they might make a kit or at least make their PC board available. I have no real idea of the cost but would expect parts to be in the $30-$50 range. This would just be an exciter (probably 100mw output). I don’t know what they were going to do for an amplifier but, if there is interest, will attempt to find out. — Phil Hughes – FYL – 8315 Lk City Wy NE – Suite 207 – Seattle, WA 98115 Phone: 206-526-2919 x74 Fax: 526-0803

Response:

More info from Free Radio Berkeley & Stephen Dunifer In the last posting our net address was left out, it is: THE WORKSHOPS ARE COMING TOGETHER FOR NEW YORK CITY. It looks like they will be held on Monday, August 9 and Tuesday August 10. Paper Tiger TV folks are looking for adequate space at this moment. Times have yet to be figured out. Overall, the workshops will cover the basics aspects of micropower broadcasting and the assembly of small wattage (1-5 watts) kits which will be made available at a cost of $40. These will have enough power to drive the Ramsey PA-1 to full power. In regards to the Ramsey FM-10 we will have a kit available that will boost the output power to about 3/4 of a watt. Cost is projected to be $20-$25. After the book on micro power broadcasting I am writing is finished (end of July, hopefully) I will be available to set up workshop tours in various parts of the country. So, if anyone is interested in hosting workshops in their area, please get in touch. For those in the SF Bay Area, there will be an abbreviated workshop at the Epicenter in San Francisco on Friday, July 16 starting around 8:15 PM. The Epicenter is located at 475 Valencia, near 16th. A full day workshop is scheduled for Saturday, July 24 starting around 11 AM at the Long Haul, 3124 Shattuck Ave. in Berkeley, across from LaPena and the Starry Plough, 2 blocks from Ashby BART and 3 blocks south of Ashby Ave. A donation of $5- $15 is requested for these workshops. Kits will be available at a cost of $40. This coming Wednesday evening starting at 7:30 PM there will be a public forum on Micro Power Broadcasting and the Right to Communicate. It will be held at the Unitarian Fellowship on the corner of Cedar & Bonita in Berkeley. Featured speakers include: Normon Solomon, co-author of Unreliable Sources; Luke Hiken from the National Lawyers Guild; Maria Gilardin, independent radio producer; Stephen Dunifer, Free Radio Berkeley; Richard Edmondson, San Francisco Liberation Radio; Keith Mc’Henry, Food Not Bombs Radio Network; and Rahim Habib, Babylon Free Radio. A Paper Tiger Video on Black Liberation Radio and Irish Women’s Radio will be screened as well. A donation of $3-10 is requested at the door. Proceeds will benefit the Free Communications Coalition, supporting, defending and promoting micro power broadcasting. Free Radio Berkeley is having an organizational meeting on Wednesday, July 21 at the Long Haul, 3124 Shattuck Ave. in Berkeley starting at 7:30 PM. If you ideas, programming materials, energy, etc you would like to contribute to this process, please attend this meeting. If you have any program tapes you would like to have put on the air, send them to: Free Radio Berkeley, 1442 A Walnut St., #406, Berkeley CA 94709 Any monetary contributions (made out to cash) would be welcome as well. If you are interested in the various kits we have available, drop us a note and ask to be put on the mailing list for the kit catalog. It will be out by the end of July. In all of this, it is essential that as many transmitters go on the air as possible. If only a few operations go on the air, it will be very easy for the Feds to nail people. Consider it a form of electronic civil disobedience or how ever else you want think about it. Free speech rights have to be constantly fought for. Free speech in public, in theory a legal right, has been a hard fought battle. In the early 1900’s Wobblie (IWW) labor organizers would show up in town to begin organizing local workers. When they would start speak about the workers struggle they would be arrested by the local sheriff. Word would then go out to Wobblieorganizers and workers for hundreds of miles around about these arrests. Within a week hundreds of Wobblies would show up in that town where they would que up in line that might extend for several blocks to speak on an upturned wooden crate or whatever was handy. As soon as one would open his or her mouth (the IWW was the only union at that time that encouraged women as labor organizers and leaders) the sheriff and deputies would whisk that person off to jail which would soon be filled to bursting with singing and chanting Wobblies. As a result, the whole local judicial structure would basically collapse due to the shear numbers of people arrested. And sleep deprived judges (they usually lived near the jails, where the Wobblies would be chanting and singing on a 24 hour basis) would just throw up their hands. So, let a thousand transmitters bloom. Stephen Dunifer

Response:

Filed under: Civil disobedience

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