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In radio's infancy, we were promised community broadcasting--for the people, by the people. But, the future looks dark as the FCC changes hands, leaving the Free Radio Movement to fend for itself against some unlikely allies: corporate broadcasters and NPR.

The Truth About "Public" Radio

By Alita Edgar
(with additional reporting by David Hirschman)

April 6, 2001

Low power FM? Microbroadcasting? Makes you think of pimply teenagers in their parents' basements, crouched over cobbled-together transmitter parts, sending out a thin stream of opinion over the quiet streets of the neighborhood. And you wouldn't be totally wrong-the beauty of low power FM (LPFM, also known as microbroadcasting) is that anyone, theoretically, can make his or her voice heard. Yet, while it can cost as little as $1,000 to get all the equipment you need to start a microbroadcasting station, getting a license to operate is far trickier. Currently, there are over 13,000 LPFM applications--ranging from conservative churches to Vietnamese community groups in South Texas to ex-pirate punks--hanging in limbo as Congress and the FCC quibble over who gets access to America's radio frequencies.

It wasn't always this way. For years, small noncommercial groups such as libraries, churches, and community organizations could apply for low-power broadcasting licenses, which would allow them to operate simple, inexpensive local stations with maximum power levels of 10 or 100 watts. After NPR and other broadcasters successfully lobbied the FCC in 1978, citing a need to consolidate their audience, low power FM service was banned.

Yet, now more than ever before, America needs local programming. The Telecommunications Act of 1996 deregulated radio, and one of the changes was the removal of restrictions on how many radio stations one corporation could own. Large companies such as Chancellor Media, Infinity Broadcasting, and Clear Channel Communications began snapping up stations. Since the act passed, they have acquired nearly one-half of the approximately 12,000 stations in America. The result: a homogenizing effect in which local programming is replaced by nationally syndicated content. WBAI, a Pacifica Network station based on listener-supported independent programming, is a case in point. The Pacifica national board has eliminated the local advisory boards' influence, thereby silencing the community's concerns. Pacifica Network stations have suffered mid-show executive interruptions and takeovers, and staff/board member lockouts and even arrests, according to Freedom and Accuracy in Reporting (FAIR). As well, there has been a huge increase in the ratio of advertising vs. content minutes per hour.

These changes have not gone unnoticed. In the past five years, the Free Radio Movement--a broad coalition of ethnic language groups, media activists, city councils, and public safety groups--formed to bring back low power FM. The Free Radio activists compare themselves to the civil rights movement in their commitment to equal access and opportunities, as well as their use of civil disobedience. In 1998, hundreds of microbroadcasters demonstrated in support of LPFM outside the headquarters of the FCC. The FCC subsequently vowed to reinstate LPFM.

The Opposition: Unlikely Allies
The victory for the Free Radio Movement didn't last long. The National Association of Broadcasters' (NAB), a trade organization representing the commercial broadcasters, has been lobbying at full blast to get congressional injunctions to keep small-time broadcasters off the air. They're not the only ones. Surprisingly, the National Public Radio (NPR) network and even smaller, independent stations such as WFMU 91.1 are also protesting the reintroduction of LPFM. The joining of these strange bedfellows, united in the struggle over LPFM, raises the question of what "public" radio really is. Is it government-supported, highly structured, mostly national programming à la NPR? Or should it hearken back to the former definition of "public" as programming created by individuals or small groups in the manner of public access television shows?

The main point of contention for the NAB/NPR lobby is the possibility of interference between stations broadcasting with only two frequencies of "buffer" separating them. The NAB, NPR and other FM stations claim that cramming new LPFM stations into already-congested FM bands could degrade service for millions of listeners

WFMU 90.1/91.1 of Jersey City, one of the last stations in the nation that offers free-form programming, is one such worried station. WMFU's station manager, Ken Freedman, believes that a low power station opening up at 91.3 could obliterate WFMU's Jersey Shore reception and cause problems with its reception in New York as well. The 91.3 station is a translator, meaning it repeats content from other stations instead of programming original content. (Translators are technically the same as LPFM stations, but the FCC regards them as network station extenders, rather than separate new stations.) However, even Freedman is divided on the issue: "I'm very mixed on LPFM. On the one hand I am helping several groups pursue LPFM licenses. On the other hand, it has created many problems for WFMU." While it may lose the battle over the airwaves, WFMU is now aggressively developing its online presence in order to broadcast clearly to its listeners who have access to the Internet.

While low power FM may or may not harm the signals of small stations, one thing seems certain: low power FM does not pose a threat to large stations. As recently as March 2000, the FCC reported that LPFM would not interfere with larger stations. According to a statement issued by then-Chairman of the FCC William Kennard, "The idea of small 100-watt, community based radio stations realistically causing engineering or competitive threats to the large area-wide stations on the dial is implausible. It is often the case that many industries--not just broadcasters--are traditionally against any change and any competition to the status quo." As well, a study commissioned by a consortium of LPFM advocates showed "only minimal interference," which could be remedied with low cost filters. The NAB's claim is like "the elephants saying the mice are crowding them off the savannah," quips a DJ from one New York City-based microbroadcasting station.

A Swift Dispatch
At the end of October 2000, Congress and the House of Representatives bowed to pressure from the NAB lobby and passed an appropriations bill with a last-minute anti-LPFM rider attached, effectively gutting the FCC's proposal to reinstate LPFM. With President Bush's appointment of temporary FCC chairman Michael Powell, he drove another nail into the coffin of low power FM. Powell has stated that without further interference testing, he fears the new stations would undermine the few remaining small stations such as WFMU.

Although these events seemed to bury the possibility of LPFM licensing, this February Senator John McCain of Arizona introduced a new Low Power Radio Act of 2001, saying that the NAB and NPR "…mounted a successful behind-the-scenes campaign to kill low-power FM radio without a single debate on the Senate floor. This bill would reverse that language." McCain's support has prevented the NAB from closing the books on LPFM licensing, and has given the underdog community of LPFM activists and microbroadcasters a new, albeit faint, sense of hope. The bill has yet to leave the Senate Commerce Committee (of which McCain is chair, and which supposedly has authority over all radio legislation), and has no co-sponsors.

Microbroadcasting stations and groups across the country have lost a lot of their initial momentum as incremental defeats--from Congress and from the FCC both--accumulated over the past year. More than a year after the FCC's approval of LPFM, many of the ex-pirates who quit broadcasting and planned to go legal are now back to their original furtive methods, as the FCC stalls their license applications indefinitely. Some move their transmitter from place to place to avoid the FCC. The FCC's Enforcement Bureau plans to keep crackdowns a high priority in 2001.

The fears and claims of the NAB and NPR amount to a haze of dubious whining that obscures the real issue: who will control the public airwaves? Ex-FCC Chairman Kennard sums up the issue well, "This is about the haves--the broadcast industry--trying to prevent many have-nots--small community and educational organizations--from having just a little piece of the pie. Just a little piece of the airwaves which belong to all of the people."

Sound off on this article, or community radio in general, on our bulletin board.

Prometheus Radio Project's Links

About.com's Pirate Radio Links

Low Power Radio Coalition

NPR's Ombudsman's Statement on LPFM

Beebware's LPFM Link

WBAI

Alita Edgar is on mediabistro.com's editorial team. Contrary to popular belief, she did not kill the radio star.

 

 

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