8/14/2019 FCC Turns Off Radio Pirates (In These Times, Feb 1998)

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media

FCC Turns Off Radio Pirates

Jim Hanas writes about media in Mem-

phis, Tenn.

Radio Berkeley to remain on the air for

nearly two years while a motion for apermanent injunction was argued.The National Association of Broad

casters (NAB) has shown a specialinterest in the case. The NAB filed anamicus brief on behalf of the FCC, andthe association's board of directorspassed a resolution last June to urge the

FCC to ensure that" 'pirate'radio broadcast operations

:I ~ are termi~ated promptly,". ffi and that VIOlators"are pros~ ecuted to the fullest extent ofQ the law." According to thel

ill ~ NAB, low-watt broadcasters~ harm licensed stations~ by interfering with their sig~ nals and courting their() d .Ia: a vertlsers.: ~ On November 12, Wilkencd rejected the FCC's motionw .~ for a summary Judgment and~ asked for further briefing on~ whether or not Dunifer's

'113 constitutional claims consti, ~ tute a defense in the case.~ The FCC's arguments have

'. ~ been largely procedural. The~ commission claims thata:is Dunifer's challenge is() "unripe for judicial review"

since he never sought alicense, and, furthermore, that the courtdoes not have the authority to excuseDunifer .for broadcasting without alicense. A decision in the case wasexpected as early as late January."The FCC will do anything rather

than have a hearing on why they servethe needs of the NAB and not the American people," says Luke Hiken, an attor-

ney for Dunifer. "If you look at theoverlapping control of the FCC and theNAB, it's like the Pentagon and thedefense industry."

the equipment he used to operate an

unlicensed station. Brewer says he wasdetained at gunpoint for more than 12hours during the raid, which was theculmination of a well-publicized, twoyear conflict between Brewer and theFCC. The commission has also shutdown broadcasters in Massachusetts,Minnesota and New Jersey.

Nonetheless, the micro-power boomcontinues, inspired by an ongoing courtbattle between the FCC and Free Radio

Berkeley, an unlicensed Bay-area station founded by Stephen Dunifer in1993. During the station's first year onthe air, Dunifer was fined $20,000 bythe FCC. He contested the fine withhelp from the National Lawyers Guild,arguing that the FCC's regulations violate the First Amendment and the commission's mandate to regulate theairwaves in the "public interest." In1995, District Court Judge ClaudiaWilken denied the FCC's motion for a

preliminary injunction, allowing Free

BY JIM HANAS

At first it crackles, pops and cutsout for seconds at a time. As younear the University ofMemphis, itcomes in clearly.Youmight hear a showdevoted to animal rights, the straightedge movement, anarchy, ecology, feminism, radical labor, queer culture,educational reform or some musicunlike anything else on the FM dial. It'sFree Radio Memphis, and,far from being commercial, itisn't even legal.It's against the law to

broadcast without a license,and Free Radio Memphisdoesn't have one. Powered bya 20-watt transmitter the sizeof a shoe box, it isn't eveneligible for a license, s~ncethe Federal CommunicationsCommission (FCC) stoppedissuing them to stations.under 100 watts nearly 20years ago. The station, whichhas been on the air sinceMay, is part of a growingmovement of micro-powerbroadcasters that is challenging FCC authority to regulatethe airwaves as industry consolidation places ownershipof licensed stations in fewer,wealthier hands. At least several hundred unlicensed stations havepopped up nationwide in the past fiveyears.Free Radio Memphis received a warn

ing to stop broadcasting from the FCCin October. Instructions are postedinside the studio on what to do if theFCC ever comes around: Don't let anyone in without a search warrant. Don'tanswer any questions.Free Radio Memphis has good reason

to be worried. The FCC is crackingdown on "pirate radio" with increasedvigilance. On November 19, U.S. Marshals and FCC agents raided Doug

Brewer's home in Tampa, Fla., seizing

FEBRUARY 8,1998 0 IN THESE TIMES