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More on LPFM from the CDC:<br>
<br>
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<blockquote type=cite class=cite cite>Date: Sat, 16 Dec 2000 11:11:58
-0500<br>
To: NYC-DAN@topica.com<br>
From: Eileen Sutton <efsutton@earthlink.net><br>
Subject: Congress to Kill Micro Radio<br>
<br>
to my Pacifica comrades: a bit off topic, but urgently related.../e<br>
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<div align="center">
<b>TRAGICALLY THE NATIONAL ASSOCIATION OF BROADCASTERS (NAB) AND PUBLIC
RADIO (NPR) HAVE SUCCEEDED IN KILLING LEGALIZED LOW POWER RADIO</b><br>
<b><br>
by Peter Franck</b><br>
<b><br>
</b></div>
The National Lawyers Guild Center on Democratic Communications
("CDC") has just learned that Congress intends to pass an
Omnibus Budget Act containing a rider which will gut the FCC's new Low
Power FM (LPFM) service. It now appears that President Clinton will sign
this bill.<br>
<br>
This is the culmination of a year long intensive lobbying campaign by the
NAB, which unfortunately has been given liberal cover by NPRís campaign
against LPFM. <br>
<br>
For more than ten years CDC has been involved with the defense of micro
broadcasters who went on the air at a time when the FCC refused to
license low power stations. We argued that those rules were
unconstitutional, and the risk of losing in court was one factor in the
FCC changing its position and authorizing LPFM. <br>
<br>
More than a year ago, in meetings with the NAB we pointed out that they
would hurt established broadcasters if they killed LPFM (also known as
microradio). The NAB claimed they were worried about interference
from unlicensed broadcasters. We pointed out that they would be
much better off accepting some competition for audience from these small
stations but knowing where the stations were, and knowing that the FCC
had assigned them to available frequencies. <br>
<br>
We pointed out that if LPFM was killed they would be faced with many
stations going on the air in an unpredictable way at unknown frequencies
and locations. Because the technology is cheap and readily
available LPFM will not disappear, no matter how much Congress, NPR and
the NAB try to kill it. For many, LPFM remains the only means for local
communities to have a voice.<br>
<br>
<font size=2>Disappointed as we are by this congressional refusal to
allow a small experiment in media democracy, CDC will look at
possible legal challenges to Congress' unprecedented attack on community
radio. Peter Franck, a member of CDC speculated that this new
law may well be unconstitutional. Franck added ìLaws passed by congress
are easier to challenge in the courts than regulations promulgated by
agencies such as the FCC. This is not over.î</font><br>
<font size=2><br>
Since 1990, the CDC has worked with pioneering microbroadcasters such as
Mbanna Kantako and Stephen Dunifer, who took to the airwaves to challenge
the FCC's ban on low power community radio. In response to growing public
support, the FCC under Chairman Bill Kennard adopted a Low Power FM
service to promote public access to the airwaves. This modest service
would have create up to one-thousand new 100 watt and 10 watt community
stations. (The bill being passed by congress is a phony
ìcompromiseî because it may allow 60 or 70 LPFM stations in the most
rural and unpopulated parts of the country.)</font><br>
<font size=2><br>
National Public Radio and the National Association of Broadcasters failed
to stop the FCC from implementing its modest Low Power FM service. But
after months of intensive lobbying, NPR and the NAB convinced Congress to
quietly kill the service, and prevent schools, libraries, community
groups and local government from operating low watt stations. The extent
of Congressional meddling into the technical affairs of the FCC is
unprecedented, and proves that the public has indeed lost all control
over the "public" airwaves. CDC is committed to doing
everything it can to help recover them for the public</font><br>
<font size=2><br>
<br>
<br>
</font><br>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^<br>
<b><i><u>Peter Franck ,NLG Center for Democratic Communications
(CDC)</u></i></b><br>
<i>3450 Geary Blvd., Suite 208, San Francisco, CA 94118;<font size=4>
<a href="http://www.nlgcdc.org/" eudora="autourl">www.nlgcdc.org</a></i></font><br>
<i>CDC: 415.522.9814; P. Franck: 415.381.9960; fax 415.381.9963</i><br>
<i>pfranck@culturelaw.com</i><br>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^<br>
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