FCC might legitimize radio 'pirates' it now punishes

    By Frank James
    The Chicago Tribune

    With mom-and-pop radio station owners squeezed out as broadcasting
    increasingly becomes the turf of corporate giants, federal regulators
    are considering whether to open the way for a wave of new radio
    stations owned by everyday Americans.

    The Federal Communications Commission is exploring the idea of
    allowing relatively inexpensive, low-power radio stations to take to
    the airwaves, the first in a series of steps that could lead to
    legalizing such broadcasting.

    But the idea is meeting heavy resistance from the powerful National
    Association of Broadcasters. In its official comments to the FCC on
    low-power radio, the broadcasters' group says the radio spectrum
    already is cluttered and that an influx of new, low-power stations
    would interfere with its members' broadcasts and plans to upgrade to
    digital broadcasting.

    Proponents of the low-power broadcasting, or microradio, say it could
    revive local programming while giving practically anyone the chance to
    become a broadcaster, just as the Internet can make anyone with a
    computer a publisher with a potentially large audience. They see it as
    another electronic tool to help average Americans exercise their 1st
    Amendment rights to free speech.

    Low-power broadcasting also could help slow a trend that particularly
    worries FCC Chairman William Kennard, the first African-American to
    head the agency. A declining number of radio station owners are
    minority group members even as non-whites as a whole move toward
    becoming the majority of the nation's population. The Commerce
    Department reported last year that minority ownership fell to 2.8
    percent from 3.1 percent in 1996.

    While the NAB's position is that it does not view the new broadcasters
    as a financial threat, some station owners fear the new outlets could
    draw away listeners and advertising revenue.

    As the FCC explores ways to make microradio a reality, it is cracking
    down on people who already are doing it--so-called pirate broadcasters
    operating in violation of federal law. Using vehicles equipped to
    detect operating radio transmitters, the FCC's airwaves police have
    driven more than 200 low-power broadcasters off the air in the past
    two years.

    The pirates not only are violating the law by broadcasting without
    licenses, says the FCC, in some instances they are endangering public
    safety. The FCC has claimed, for instance, that illegal transmissions
    by some pirate stations have interfered with Federal Aviation
    Administration radios.

    The FCC's pursuit of pirate broadcasters, encouraged by the
    broadcasters, began in earnest about a year ago amid agency fears that
    illegal stations were starting to proliferate, in part because of a
    northern California broadcaster named Stephen Dunifer.

    Dunifer, something of the Johnny Appleseed of microradio, challenged
    the FCC's constitutional authority to shut down his station, Radio
    Free Berkeley, and sold transmitters over the Internet. This June, a
    federal district court issued a permanent injunction against Dunifer.
     

    ``The key distinction here is there is a right way and a wrong way to
    create opportunity'' for small-time broadcasting, Kennard said in a
    recent interview. ``I'm only interested in doing it the right way.''

    Kennard, who has been chairman less than a year, began the FCC's
    consideration of microradio earlier this year.

    ``We're going to see if we can create more opportunity for people to
    use the public's airwaves to speak to their communities without
    causing interference to the incumbent broadcasters,'' he added.

    ``But for many people in communities like small businesses, community
    groups, churches, minority companies that don't have the resources to
    buy in a rapidly consolidating industry, this could be significant,''
    Kennard said. ``It could give people a voice.''

    It costs millions of dollars to start or purchase a commercial radio
    station whose transmitter power, measured in thousands of watts,
    creates a signal that can carry dozens of miles. Thus large
    corporations increasingly are the only ones able to compete in much of
    the ratings-driven commercial radio business, a trend accelerated by
    the Telecommunications Act of 1996, which liberalized ownership
    restrictions.

    In contrast, low-power stations with a broadcast range of up to a few
    miles operating often on 1 watt of power or less, can get on the air
    for as little as $500. To promote diverse ownership, proposals for
    low-power radio before the FCC would limit how many stations one
    person could own. One petition calls for one station per owner while
    another would allow as many as five so long as each were in a
    different market. Without the large audiences of commercial and public
    radio stations, microbroadcasters likely would narrowly tailor their
    programs to their listeners, supporters say.

    A neighborhood radio station, for instance, could broadcast reports on
    lost pets or serve a community-watch function, alerting residents to
    security concerns. It could broadcast in whatever language most people
    in the community speak.

    New musical groups could be heard, say advocates. Specialized stations
    would crop up that focused on animal rights, flying or golf. Rural
    areas might particularly benefit from microradio, advocates say. ``I
    live in a rural valley town where there is only one public radio
    station, two Christian stations, and one commercial country station,''
    said David Herman of Paonia, Colo., in comments to the FCC. ``I would
    like more choices.''

    The middle-of-the-road blandness many people ascribe to highly
    automated commercial radio also would likely not be a problem in
    microradio.

    ``When you listen to commercial radio, basically you're actually
    listening to a robot,'' said a pirate broadcaster who goes by the
    pseudonym Pete triDish. He spoke at a recent discussion on microradio
    at the Cato Institute, a libertarian think-tank in Washington. ``You
    end up having a culture that is essentially produced by scientific
    analysis and machines rather than being produced by human beings.''

    The broadcasts from his pirate station, Radio Mutiny in Philadelphia,
    were far from ordinary radio fare until the FCC seized its equipment
    last month. There was the safe-sex show hosted by Dianne the Condom
    Lady, ``Incarceration Nation,'' hosted by a former prison inmate, and
    ``Red Sun Rising,'' a show of American Indian news and views featuring
    Native American rap music.

    The broadcasters' group is unmoved by arguments for low-power radio.
    ``It's nothing that we could support right now . . .'' because of
    concerns the stations would cause technical problems for its members,
    said John Earnhardt, the NAB's director of communications.

    He denies the microradio advocates' claim that the broadcasters group
    is opposed because it views the new stations as an economic threat.
    ``It's not like you can build a network or anything like that. The
    commercial aspects of this are not great and I think we do recognize
    that.''