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."
To be removed from this list, please email Hannah Sassaman at
hannahjs@prometheusradio.org
with 'remove' in the subject line.
-----
hannah sassaman
prometheusradioproject
building radio stations = awesome
http://www.prometheusradio.org
215-727-9620
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