All Ayes on LPFM : Local Community Radio Act Moves Forward

October 08, 2009 by Candace Clement

Here’s an update from Congress worth tuning into: the Local Community Radio Act (HR 1147) is finally advancing. This morning, the House Energy and Commerce Subcommittee on Telecommunications and the Internet passed the bill out of committee. This is a monumental leap toward getting local, nonprofit and community groups back on the radio dial.
It marks a huge victory. For the past 10 years, commercial broadcasters have blocked Low Power FM (LPFM) radio stations, and Congress has complied with their wishes. But thanks to widespread support — more than 80 co-sponsors on the bill and dozens upon dozens of national and local organizations speaking up — the bill is finally climbing up the ladder. At this morning’s bill markup, the subcommittee passed the legislation almost unanimously by a vote of 15-to-1.
The LPFM radio service was first introduced a decade ago, partially as a response to the damage caused by consolidation in the radio business. It was a pretty simple concept: give non-profits like colleges, schools, unions, churches and other groups a license to broadcast 100 watts (about a 3-5 mile radius) in their communities.
However, commercial broadcasters — armed with faulty and baseless claims of interference — convinced Congress to restrict LPFMs to mostly rural areas, leaving most suburban and urban communities without their own stations. But the results of a $2.2 million congressionally mandated study found these tiny LPFMs would not interfere with the commercial giants.
Winning over Doubters
Legislation to expand LPFM has never come this far in Congress, despite being introduced in the past three terms. At this morning’s hearing, three representatives who previously expressed doubts about the bill, voiced their support. Rep. Greg Walden (R-Ore.), the only former broadcaster in the committee, and Rep. Cliff Stearns (R-Fla.), one of the original co-sponsors of the legislation that limited LPFM 10 years ago, both endorsed the Local Community Radio Act this morning.
Rep. John Dingell (D-Mich.), who originally called for the study, claimed he continued to “maintain a modest degree of skepticism” but felt that the bill was “fundamentally sound” and voiced his intention to support it.
It’s an exciting day on the Hill for local radio advocates, and a victory for those who have been tirelessly pushing this issue on the ground in Washington for nearly a decade. And there’s more good news: earlier this week, Rep. Mike Doyle (D-Pa.) told a roomful of musicians, public interest advocates and industry representatives at the Future of Music Summit that passing the LPFM bill would be "our Christmas present this year."
This is all worth celebrating, but let’s be clear: Our work is far from done. Getting this bill out of the subcommittee is a huge victory, but now we’ve got to ensure that this bill becomes law. As Doyle said at the hearing: "The time has come to bring the airwaves back to the people they serve. The time has come to bring low power to the people."
Learn more about what you can do at Free Press and the Prometheus Radio Project to keep advancing the Low Power Community Radio Act.

FCC Seeking Comment on Diversity Measures:
Should Low Power Stations Fill Out An Ownership Form With The Race and
Gender of Their Board?
Jade Meshesha
On April 8, 2009, the Federal Communications Commission announced that they have adopted several new measures to more accurately assess minority and female broadcasting ownership, and are currently seeking comments regarding Low Power FM and Non Commercial broadcaster ownership filing regulations. The Commission adopted changes to form 323, which must be filed by full power stations, requiring information on race, gender, and ethnicity, and is considering adopting similar rules for form 323-E, which is currently filed by non-commercial stations. It is also
considering requiring Low Power FM stations to file an Ownership Report in order to accurately assess, and hence promote media diversity.
Historically, levels of female and ethnic minority broadcasting ownership
have been extremely low. In fact, recent independent studies reveal that
such dismally low levels of ownership have left over two-thirds of the
population underrepresented on the radio- while women make up over half of the population, they own just 6 percent of full power stations, and while minorities make up over a third of the population, they own only 7.7
percent of full power stations. The FCC has repeatedly pledged to address this problem and has a stated policy goal to increase both localism and diversity, but because of inadequate data-gathering measures, lacks the basis to do so. They cannot even account for the current state of affairs-the FCC has no clear data about female and minority ownership. Without reliable data, the Commission has been unable to assess the effectiveness of past policies or formulate new ones.
In its Order, the Commission has adopted several rule changes to address these deficiencies. It added race, gender, and ethnicity information to the Ownership Report (form 323), so that the organizational and ownership structures are correctly identified for full power commercial stations. It has also removed certain filing exemptions (in order to have more complete data), set a biennial filing date of November 1, and has improved its electronic database by making information more easily searchable.
In its Fourth Further Notice of Proposed Rulemaking, the FCC is now
requesting comment on possible changes to non commercial and low power station requirements. Noncommercial stations are currently required to file form 323-E while low power fm stations are completely exempt. The Commission is considering making the filing of ownership information, including racial and gender identifying information, mandatory for non commercial and low power fm stations. It is also seeking comment on the specifics, such as whether it should require a uniform filing date every two years and how to minimize any burdens on these smaller stations.
Because LPFMs are also important points of entry for women and minorities, these changes will paint a more accurate overall picture of broadcasting ownership in the United States. Prometheus generally supports promotion of women and minority ownership and supports collection of data to obtain that goal. It is important, though, that the Commission takes appropriate steps to minimize filing burdens- LPFMs generally operate on a much lower budget and staff than power than full power commercial stations. If the FCC decides to extend this requirement to LPFMs, LPFMs would be required to file every two years, and would be fined at a set rate as a result of filing late or missing a filing completely. Though the full text of these reports with more specific information has not yet been released, we have some ideas about how the FCC can get the information it needs without creating too much burden on LPFMs:
-LPFMs should not be required to file every two years- Rather, they should
only file once and then again only on the occasions when there is a change in their board of directors.
-Noncompliance fines should be calculated proportionally – Currently,
fines for missing a filing are designed for commercial stations, and are
quite high. The FCC needs to create a standardized way to fine smaller,
noncommercial stations; for instance, as a percentage of budget- rather
than at a level designed to be a painful deterrent for full power
commercial operations.
-Make navigating required forms more simple- rework the form for an
amendment to low power license (form 318) to automatically lead to the
electronic ownership form (323-E). There is no sense in having people fill
out the same information over and over again on different forms- you
should enter it once and then change it when it changes.
Did you know? Every time your board of directors changes, you are
required under current law to update your information at the FCC. You
need to electronically file a form 318, amending Section II, question 3.
Need help with that? Write our new Community Station Organizer,
Andalusia Knoll, andalusia@prometheusradio.org. If you don't do this,
you are not in compliance and it can cause you troubles later. There was
a time before where there was confusion on this point-- that has been
resolved by the the third report and order released in 2007. So get it
fixed up now, and keep it current. And again- letting the FCC know about
changes in your board of directors within 30 days is an existing
requirement, not a proposed one. The only new issue here is whether you should be required to report their race, ethnicity and gender.
In the past, policymakers in Washington may have forgotten the importance of diversity in media. Diversity in ownership opens the airwaves for more choice to listeners, more variety of programming, and more responsiveness to local communities, while providing historically excluded communities access to media outlets. In the landmark Prometheus vs. FCC case, the courts castigated the FCC for ignoring the issue of female and minority broadcasting ownership. By revising form 323 and 323-E to add gender and racial identifying information and by including LPFMs, we think this will help to at least get a reliable set of facts on ownership. That would be taking a preliminary step in formulating effective policy to combat the underlying structural problems that have led to this sorry situation.
The rate of minority ownership is appalling, and from what we've seen so
far we think a bit more paperwork for LPFMs is worth the trouble in order
for the FCC to get the real facts on minority ownership. While collecting
this information is important when trying to promote diversity, the FCC
must ensure ease of filing and not just create busywork for all of us.
One concern should be laid to rest. The FCC will collect these numbers to see how well they are doing in their overall policy goals of fair media
ownership. The information would not, and could not, be used to decide
outcomes for individual stations applications. So for anyone that fears
discrimination as the result of giving data like this, that would not be
possible. The accumulated case law on this is pretty clear- the first
amendment and various equal protection provisions means that the FCC can use data like this to look for evidence of systemic inequality, but
absolutely could not use data like this to discriminate and decide license
applications or take it into account when evaluating the fitness of
particular individuals to operate broadcast stations.
Tell us what you think as we formulate our response to the request for
comment...more news when official documents come out. You can have a look at the Form 323e that you may need to file at www.fcc.gov click on the right hand column, where it says : “Forms” scroll down till you see the
Form 323e.
(Washington D.C. 01.05.09 ) - PEG Access was discussed as a key concern at a U.S. House Appropriations Subcommittee hearing held Wednesday on the Federal Communications Commission's 2010 budget.  Subcommittee Chairman, Rep. Jose Serrano (D-NY) and Acting FCC Chairman, Michael Copps, agreed about the importance of PEG channels to the public, and Serrano urged action on the PEG Access Petitions for Declaratory Ruling before the Commission.
In his written statement to the Subcommittee, Acting Chairman Copps said:
"I know that a number of the members of the Subcommittee are concerned about recent developments regarding the carriage by multichannel video programming providers of PEG channels. I share those concerns. PEG is a valuable source of diverse and local programming that not only provides an outlet for local voices, but also nourishes the civic dialogue and gives citizens the information they need to govern themselves... it is my hope that the Commission will take whatever steps are necessary to ensure that PEG remains a vibrant and valuable service."
Rep. Serrano warned that if the FCC doesn't move, PEG issues might "fall by the wayside" while the FCC waits for a new Chairman to be confirmed.  Copps said that he is not reluctant to move and while some items, such as universal service, may have to await the new Chair, PEG channels don't fall into that category.  Rep. Serrano agreed, noting that while there may be new issues facing the FCC, PEG is not one of them.  The Subcommittee previously issued a letter to the FCC seeking answers on PEG following its September 17, 2008 hearing. 
Earlier this week, two Illinois residents were in the Capitol to conduct ex parte meetings with the FCC on the Petitions for Declaratory Ruling regarding PEG Access.  Cheryl Fayne-dePersio of Illinois NATOA, and Barbara Popovic of Chicago Access Network Television (CAN TV), were joined by Dan Coughlin of New York City's Manhattan Neighborhood Network (MNN). All three organizations are petitioners in ACM et al, which calls for a ruling that AT&T's method of delivering PEG channels over U-Verse violates the Communications Act and Commission rules. 
In the ex parte meetings, petitioners disputed AT&T's characterization of its PEG product as "innovative" and "superior".  In fact, AT&T's PEG product goes in the opposite direction, disadvantaging both viewers seeking local PEG programming, and local programmers attempting to reach their audiences.  AT&T's PEG product hampers the meaningful development of PEG channels in an evolving digital age.
Over 770 comments were filed in this proceeding prior to the deadline.  Keep Us Connected recently shared comments of the City of Aurora, Village of Lombard, and Champaign-Urbana Cable Television and Telecommunications Commission that were among 111 comments filed from Illinois.  
The ex parte letter filed by Illinois petitioners is available here.
Complete comments filed in this proceeding are available here.  Type (09-13) in the first box (09-13), and click the "Retrieve Document List."
 

Obama to name Mignon Clyburn as FCC commissioner
Reuters
Wednesday, April 29, 2009; 7:51 PM
WASHINGTON (Reuters) - President Barack Obama has decided to name Mignon Clyburn as a commissioner to the Federal Communications Commission, the White House said on Wednesday.
Clyburn has been a member of the South Carolina Public Service Commission since 1998, involved in regulating the state's investor-owned public utilities, including telecommunications service providers, the White House said.
Before her election to the Public Service Commission, she spent 14 years as publisher and general manager of The Coastal Times, a weekly newspaper in Charleston.
(Editing by Sandra Maler)
» Links to this article
FCC Extends comment Period to April 1, 2009

 

Over 500 comments on the Alliance’s Petition for a Declaratory Ruling were submitted to the FCC by the time of the March 9 filing deadline (see post below).
FCC procedures call for a “Reply Comments” period following the filing of initial comments, allowing for the initial comment filers to then comment on the comments. The deadline for submitting these Reply Comments was originally set for March 24. However, on March 13, the FCC extended the deadline to April 1, and allowed anyone, not just the original comment filers, to submit reply comments.
“Due to the significant number of filings, many of which are quite complex, we believe that development of a more thorough and complete record would be in the public interest. Accordingly, we believe it is appropriate to allow all interested parties to file reply comments, and not simply the petitioners.”
To review the initial comments, click this link - http://fjallfoss.fcc.gov//prod/ecfs/comsrch_v2.cgi - type the Proceeding Number in the first box (09-13), and click the “Retrieve Document List.” This retrieves a list of header information for the twenty most recent comments, with navigation at the bottom of the page to see the header information for all the rest of the comments, twenty at a time, in reverse chronological order. Each comment header contains a “Brief Comment” link, which when clicked, returns the comment itself. (The Brief Comment link does not work for Firefox browsers; it does work for Internet Explorer and Safari.)
Persons or organizations wishing to file Reply Comments online can follow the same process as filing initial comments (see below), with two exceptions: 1) On the cover sheet, select “Reply to Comments” in the drop-down menu; and 2) the comments themselves must actually be in reply.
More information on the FCC’s Reply Comments procedures is available in its March 13 2-page release - download here.

FCC AMENDS RULES THAT GOVERN LPFM


Our hearty congratulations to the Commissioners

On November 27th, the Federal Communications Commission passed a set of
provisions amending the rules that govern the low power FM radio (LPFM)
service -- a noncommercial radio service that hundreds of schools,
churches, municipalities, and community groups use to connect with their
local communities.  Below is the initial press statement of Pete
Tridish, founder of the Prometheus Radio Project, on the FCC's decision.

"Today, Chairman Martin and Commissioners Adelstein and Copps should be
congratulated for moving to protect and expand low power FM radio --
while also understanding that there are many issues we can resolve
through further research and conversation.  The Federal Communications
Commission has taken a number of important steps today towards a better
future for low power radio stations and their communities.  We
appreciate the partial support of Commissioners Mcdowell and Tate, and
feel confident that the concerns they raised can be addressed to their
satisfaction.

The FCC moved to prioritize local needs in their decisions on a number
of administrative issues that are vital to low power FM (LPFM) radio
station operators -- including preventing a group from owning more than
one LPFM, clarifying the rules surrounding the transfer of licenses, and
helping groups make important changes to their boards of directors.
On the bigger issue of how to protect low power stations under threat of
losing their frequencies and broadcast coverage when full power stations
encroach upon them, the FCC has made progress by outlining plans that
can immediately save some stations from getting knocked off the air.

The FCC has promised to further consider ways to resolve trickier
conflicts between LPFM stations and full power broadcasters in
communities nationwide.  We remain concerned that some LPFMs will not be
protected by the item passed today, and urge the Commission to help all
stations threatened with losing their licenses or their signal coverage.
When it comes to low power FM radio, the most important issue facing the
Commission today was the question of how to set the priority between
'translator' stations -- which repeat the signals of full power stations
and extend the full power station's coverage -- and new LPFM applicants.
We commend the decision to limit translator applications from 2003 to 10
applications per entity.  The Commission has wisely chosen to take more
comment from the public, and to continue to study the issue more
closely.

We believe that a creative solution can be found that will
allow the reasonable use of translators, while preserving significant
opportunity for community radio stations to be born.  Low Power FM radio
supporters and advocates have researched and found many ways to balance
these priorities, and we at Prometheus look forward to the opportunity
to share more ideas on this issue with the Commission.
We also commend the Commission for moving towards use of better
engineering methods for finding channels for low power radio stations.
We believe that in further comment, the Commission will find this to be
an important opportunity for low power stations.

Low power FM radio is one tool communities can use to connect to each
other.  Prometheus looks forward to working alongside millions of
Americans not just on community radio, but on the vital debates around
who owns our television, broadcast, cable, and many other forms of media
nationwide.

Our hearty congratulations to the Commissioners and the staff for a
significant step for low power FM, and we look forward to bringing many
of these important LPFM issues to resolution over the coming months."

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prometheusradioproject
building radio stations = awesome
http://www.prometheusradio.org
215-727-9620