Sunday, 7 June 2009

[creative-radio] US: Low Power Radio Stations Saved by Court of Appeals Ruling

---------- Forwarded message ----------
From: pete tridish <>
Date: 2009/6/6
Subject: [Stubblefield] Press Release: Low Power Radio Stations Saved by DC
Circuit Court Ruling


*Low power radio stations saved by D.C. Circuit Court Ruling*
Court vindicates FCC's effort to save small stations from loss of channels

Today, the U.S. Court of Appeals of the D.C. Circuit ruled in favor of the
Federal Communications Commission (FCC) and against the National Association
of Broadcasters (NAB), affirming the December 2007 Federal Communications
Commission decision to protect low power FM (LPFM) stations against
"encroachment" by full power radio stations. Had the FCC not intervened,
these low power stations would have been forced off the air by full power
stations wanting to change their broadcasting location.The Prometheus Radio
Project, represented by Media Access Project attorney Parul Desai, was an
intervenor in the case on behalf of the FCC and the threatened LPFM

In the lawsuit, the NAB alleged that the FCC defied the Radio Broadcasting
Preservation Act when it granted waivers to keep LPFM stations on the air.
The court denied some of the NAB's claims as lacking merit, and dismissed
others as being unripe for review at this time. Thus, the FCC is free to
continue balancing the interests of LPFM stations and full power stations
that want to change their facilities.

The Prometheus Radio Project, on behalf of hundreds of low power radio
stations across the country, thanks the D.C. Circuit Court for their
decision vindicating the FCC's new procedures regarding low power stations
threatened with encroachment.

"This is terrific news for the low power radio community," said Sakura
Saunders, a board member of the Prometheus Radio Project. "The few
protections offered to these small stations were threatened by this lawsuit.
Now, these stations can focus on serving their local communities, rather
than live in fear of displacement due to the whims of their full-powered

Prometheus would like to acknowledge the outstanding work of the low power
radio stations across the country, whose public service has won them a
measure of protection in the face of full power encroachment. According to
Pete Tridish of the Prometheus Radio Project, "Many lesser organizations
would have folded in the face of the sheer financial and legal resources of
the National Association of Broadcasters. However, the dedication of the
volunteers at low power stations to their mission – to serve their
communities with local content and democratize the airwaves – has proven so
great that they will endure any challenge in their work to free the
electromagnetic spectrum from corporate dominance."

Prometheus would like to thank the Justices on the DC Circuit Court of
Appeals for their careful attention to this complex case. We would also like
to thank the attorneys in the office of General Counsel at the FCC for their
sophisticated handling of the issues. We also credit the team at the Media
Bureau for their thoughtful solutions to the problem of encroachment that
have now been borne out by the court. We also commend the Chairman,
Commissioners and their staff at the FCC, who have given much time in recent
years to defending their service of the public interest from the private
trade associations that seek to undermine it.

Prometheus also thanks the attorneys at Media Access Project, Parul Desai
and Andrew Schwartzman, for their tireless support in Prometheus'
intervention in the case. Also, we would like to thank radio engineer Mike
Brown, attorney Michael Couzens and Senior Policy Advisor to Senator Maria
Cantwell, Michael Daum, who against great odds first defended the
low-powered radio station KYRS in Spokane, Washington.

for background:

On June 11th the Subcommittee on Communications, Technology, and the
Internet of the House Commerce Committee will hold a hearing on Low Power
Radio. The hearing is the next step for the Local Community Radio Act,
co-sponsored by Congressmen Mike Doyle, Lee Terry and 49 others, a new bill
removing restrictions from the FCC implementation of LPFM.

Representing Low Power Radio will be Cheryl Leanza, Executive Director of
the United Church of Christ Office of Communications, Inc, the National
Federation of Community Broadcasters, and a board member of the Prometheus
Radio Project.

The hearing will be in Rayburn 2322 at 10 am, and a live stream will be
available at

Look for more details soon.

Pete Tridish,, 215-605-9297
Sakura Saunders,, 415-287-3737

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