Welcome to "The End"(It's official, this time!)of the saga of radio free brattleboro

[ThatManDan]

From the "Rutland Herald"...

"Radio free brattleboro's three-year court battle against the Federal Communication Commission has ended in defeat.

Federal Court Judge J. Garvan Murtha granted summary judgment in favor of the FCC on March 31 and ruled that the now-defunct community radio station can never resume broadcasting without a federal license.

Murtha's 12-page ruling also prohibits "all persons in active concert or participation" with the former 10-watt radio station in Brattleboro from going back to the airwaves without a license or waiver from the federal government.

An attorney for the former station said an appeal is not anticipated at this time."

(Read the rest of the story and the box scores at the following link

http://www.rutlandherald.com/apps/p.../NEWS/604110353/1003/NEWS02&template=printart

 

[JasonW]

Re: Welcome to "The End"(It's official, this time!)of the saga of radio free brattleboro

> Federal Court Judge J. Garvan Murtha granted summary
> judgment in favor of the FCC on March 31 and ruled that the
> now-defunct community radio station can never resume
> broadcasting without a federal license.
>
> Murtha's 12-page ruling also prohibits "all persons in
> active concert or participation" with the former 10-watt
> radio station in Brattleboro from going back to the airwaves
> without a license or waiver from the federal government.

Umm...what if (hypothetically, of course) the Radio Free Brattleboro folks resurrected RFB as a Part 15 AM or Part 15 FM radio station that followed the Part 15 rules to the letter? Could they be busted and charged again for broadcasting without a license because of Judge Murtha's ruling quoted above?

If nothing else, I'm sure they would at least get another FCC visit if they tried that, since they're known "troublemakers." -- Jason

 

[easthill]

Re: Welcome to "The End"(It's official, this time!)of the saga of radio free brattleboro

This is no surprise. The Red Lion case established the precedent for the FCC's right to license radio transmissions.

If RFB were to operate Part-15, then I would think they have an implied waiver because they're operating within the Rules and Regulations of the FCC. Nevermind that they might have a network of Part-15 transmitters.

Auburn Community Radio in Auburn, Washington operates in this manner. They have five Part-15 transmitters around the city and manage to put in a decent signal within the city limits. Their goal is to add more transmitters to increase coverage and fill in holes.

RFB should get in touch with Auburn and use their model. They'll certainly avoid visits from the Federales if they do.

<P ID="signature">______________
Frank
East Hill Radio

Moderator, Community Radio USA, Seattle</P>

 

[dbdigital]

Re: Welcome to "The End"(It's official, this time!)of the saga of radio free brattleboro

> > Federal Court Judge J. Garvan Murtha granted summary
> > judgment in favor of the FCC on March 31 and ruled that
> the
> > now-defunct community radio station can never resume
> > broadcasting without a federal license.
> >
> > Murtha's 12-page ruling also prohibits "all persons in
> > active concert or participation" with the former 10-watt
> > radio station in Brattleboro from going back to the
> airwaves
> > without a license or waiver from the federal government.
>
> Umm...what if (hypothetically, of course) the Radio Free
> Brattleboro folks resurrected RFB as a Part 15 AM or Part 15
> FM radio station that followed the Part 15 rules to the
> letter? Could they be busted and charged again for
> broadcasting without a license because of Judge Murtha's
> ruling quoted above?
>
> If nothing else, I'm sure they would at least get another
> FCC visit if they tried that, since they're known
> "troublemakers." -- Jason
>

For rfb I don't think, in the end, it was about getting back on the air. After all, the organization that finally did get an LPFM license in Brattleboro has offered to give rfb a slot on its schedule.

It was about establishing the right to broadcast without FCC sanction or interference, if the community wants such a service. And, really, the FCC could save themselves a lot of grief in the form of court cases like this and tracking down pirates if they were just more responsive to community needs and less so to corporate radio. And they can be more responsive if they process LPFM applications quickly, open more windows for LPFM, stop giving away FM spectrum to "godcasters" and establishing more community radio services such as LPAM or strengthen Part-15 broadcasting into an actual service.

But for some reason, the FCC just refuses to "get it".

db

 

[wkbam1690]

Re: Welcome to "The End"(It's official, this time!)of the saga of radio free brattleboro

> > > Federal Court Judge J. Garvan Murtha granted summary
> > > judgment in favor of the FCC on March 31 and ruled that
> > the
> > > now-defunct community radio station can never resume
> > > broadcasting without a federal license.
> > >
> > > Murtha's 12-page ruling also prohibits "all persons in
> > > active concert or participation" with the former 10-watt
>
> > > radio station in Brattleboro from going back to the
> > airwaves
> > > without a license or waiver from the federal government.
>
> >
> > Umm...what if (hypothetically, of course) the Radio Free
> > Brattleboro folks resurrected RFB as a Part 15 AM or Part
> 15
> > FM radio station that followed the Part 15 rules to the
> > letter? Could they be busted and charged again for
> > broadcasting without a license because of Judge Murtha's
> > ruling quoted above?
> >
> > If nothing else, I'm sure they would at least get another
> > FCC visit if they tried that, since they're known
> > "troublemakers." -- Jason
> >
>
> For rfb I don't think, in the end, it was about getting
> back on the air. After all, the organization that finally
> did get an LPFM license in Brattleboro has offered to give
> rfb a slot on its schedule.
>
> It was about establishing the right to broadcast without FCC
> sanction or interference, if the community wants such a
> service. And, really, the FCC could save themselves a lot of
> grief in the form of court cases like this and tracking down
> pirates if they were just more responsive to community needs
> and less so to corporate radio. And they can be more
> responsive if they process LPFM applications quickly, open
> more windows for LPFM, stop giving away FM spectrum to
> "godcasters" and establishing more community radio services
> such as LPAM or strengthen Part-15 broadcasting into an
> actual service.
>
> But for some reason, the FCC just refuses to "get it".
>
> db
>

Money speaks very loudly...

 

[raccoonradio]

Re: Welcome to "The End"(It's official, this time!)of the saga of radio free brattleboro

Meanwhile the FCC has issued an LFPM license to Vermont Earth Works
for 107._7_ fm...

http://www.ibrattleboro.com/article.php?story=20050307162202501

""NEW VT BRATTLEBORO USA

Licensee: VERMONT EARTH WORKS, INC.
Service Designation: FL Low Power FM (LPFM) station or application
Channel/Class: 299L1 Frequency: 107.7 MHz Construction Permit"<P ID="signature">______________

</P>