Intervention by Congress slashes LPFM licensing 80 percent

Low-power FM? Try nearly no-power. The scope of the controversial noncommercial service shrunk abruptly last month when Congress effectively cut the number of possible LPFM stations by an estimated 80 percent. NPR and other opponents of the service who had worried about LPFM interfering with their stations celebrated their victory, while media activists, former pirates and other microradio supporters accused lawmakers of bowing to pressure from the powerful broadcasting lobby. “We are disappointed that Congress chose to ignore the will of the people,” said Cheryl Leanza, deputy director of the pro-LPFM Media Access Project.

LPFM rules still disputed; Congress may act

Applicants for low-power FM (LPFM) stations range from mundane (Sacramento’s Sutter Middle School) to exotic (the Women on Top Awareness Series of Norcross, Ga.), and an equally mismatched bunch is debating their future. What else could draw one-time radio pirates to an NPR Board meeting, get network chief Kevin Klose on a Pacifica talk show, or bring together Republican senators and advocates for the blind? Since the FCC began accepting applications for the tiny noncommercial stations in January, the agency has received more than 1,200 from groups in 22 states and territories. Meanwhile, NPR, politicians, commercial radio interests and others have pushed bills to delay, weaken or defeat the new service, citing fears that LPFMs could interfere with existing full-power stations. LPFM’s supporters dismiss those concerns, and now find themselves in an odd position: fighting bitterly with a public broadcaster whom they ordinarily respect and often support.

Suit resolved, MPR and PRI maintain ties

In settling its lawsuit over the ownership of Marketplace, Public
Radio International secured its grip on its most popular programs. The agreement
will let Minnesota Public Radio proceed with its acquisition of the business
show and will extend PRI’s distribution for it and other MPR programs.

“Everybody’s happy that this went away quickly,” said Jim Russell, g.m.
of Marketplace Productions and, now, MPR’s v.p. for national programming. “The public broadcasting industry doesn’t want this kind of dirty linen
washed in public, and it’s not good for the industry. It’s not good for
funders to see this.” The suit’s resolution clears the way for the program’s transfer, to the
relief of the University of Southern California, which sold Marketplace
and The Savvy Traveler, and MPR, which bought them. The settlement,
reached May 25, gives PRI a 10-year distribution deal for Marketplace,
according to MPR, extending it well beyond its 2003 expiration.

In fights for noncommercial channels, FCC gives an edge to the locals

Until recently, it seemed that Simon Frech’s squabble with two religious broadcasters over an FM frequency would never end. In 1995, the FCC stopped considering competing applications from noncommercial broadcasters for radio and television frequencies, leaving Frech and many others in bureaucratic limbo. Adding it up
The FCC’s new point system for choosing among noncommercial broadcasters vying for the same frequency will reward several characteristics:

3 points if the applicant is locally based, which the FCC defines as being physically headquartered, having a campus, or having three-fourths of its board members within 25 miles of the community;

2 points if the applicant owns no other local broadcast stations. An applicant that can’t claim this credit but is part of a statewide network providing service to accredited schools can also claim 2 points;

1-2 points to an applicant whose frequency covers significantly more area and population than the next best proposal. “It’s frustrating,” says Frech, g.m. of KMUD in Garberville, Calif., who was about to launch a campaign to persuade the religious broadcasters to back off.

FCC OKs noncommercial low-power FM over broadcasters’ objections

The FCC’s establishment of two low-power FM (LPFM) classes of stations — 10-watt and 100-watt — could populate radio dials with more than a thousand tiny noncommercial broadcasters, assuming the plan weathers possible challenges from Congress and existing broadcasters. FCC officials say the initial LPFM proposal, unveiled a year ago, generated a record volume of public comment, with churches, high schools, minorities, microradio activists and others defending the plan against attacks from established broadcasters. The plan that won approval by a 4-1 vote is more modest than its predecessor. It nixed the idea of commercial LPFM stations — which may allow a boom in noncommercial radio beyond the reserved band. And it dropped the 1,000-watt class of low-power stations, allowing a max of 100 watts — broadcasting about three miles.

Ralph P. Forbes v. Arkansas Educational Television, 1996

Ralph P. Forbes, and The People, Appellant, v. The Arkansas Educational Television
Commission, and its Board of Directors in their Official Capacities; The Arkansas
Educational Telecommunications Network Foundation, and its Members and Officers
Susan J. Howarth, in her Official Capacity as Executive Director; Victor Fleming,
in his Official Capacity as Chairman; G. E. Campbell, in his Official Capacity
as Vice-Chairman; Dr. Caroline Whitson, in her Official Capacity as Secretary;
Diane Blair, in her Official Capacity as Commissioner; S. McAdams, in his
Official Capacity as Commissioner; James Ross, in his Official Capacity as
Commissioner; Jerry McIntosh, in his Official Capacity as Commissioner; Lillian
Springer, in her Official Capacity as Commissioner; Amy L. Oliver, in her
Official Capacity as Production Manager; Bill Clinton, his Official Capacity
as Governor of the State of Arkansas; John Does, Sued as certain “John Doe”
crooked, lying politicians and political “dirty tricks” operatives and special
interests, etc.; KHBS TV/Channel 40 UHF; KHOG TV/Channel 29 UHF; American
Broadcasting Company, Agent Darrel Cunningham; Steve Barnes, KARK TV, 4 Eye-Witness News and AETN Producer; Oscar Eugene Goss, Arkansas Educational Television
Network; Carol Adornetto; Larry Foley; Lavenia Craig, in her Official Capacity
as Commissioner; Robert Doubleday, in his Official Capacity as Commissioner,
Appellees. No. 95-2722WA
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
93 F.3d 497; 1996 U.S. App. LEXIS 21152

April 11, 1996, Submitted
August 21, 1996, Filed

PRIOR HISTORY: [*1] On Appeal from the United States District Court for the
Western District of Arkansas. Civil 92-2190.

Public Broadcasting Self-Sufficiency Act of 1996, H.R. 2979

Introduced by Rep. Jack Fields, 1996; no action taken

A bill governing the phase-out of federal appropriations to CPB, introduced in the House, Feb. 28, 1996, by Rep. Jack Fields (R-Tex.), then chairman of the House telecommunications subcommittee. Cosponsors: Porter, Oxley, Moorhead, Schaefer, Barton (Tex.), Hastert, Gillmor and Frisa. This text was originally posted on the Library of Congress web site. To ensure the financial self-sufficiency of public broadcasting, and for
other purposes.