Radio for People Notes

October 20, 2020

On the Call:  Betty McArdle, Jim Costello, Michi Bradley, Michael Brown, Michael Richards, Peter Franck, Al Davis, Clay Leander, Cheryl Leanza, Melodie Virtue, Tom Voorhees

Prometheus Radio Project vs FCC -- Supreme Court Case (Cheryl Leanza):  There will be one hour of oral arguments presented by two Supreme Court experienced attorneys who have donated their services to Prometheus.  Other organizations supporting Prometheus include: Media Mobilizing Project, Free Press, United Church of Christ, Benton Foundation, NOW, Common Cause, Communications Workers of America and others, are parties in the case. 

Clay asked if Radio for People could file as Amicus? Cheryl said the organizations listed above are actual petitioners on the case and not filing Amicus Briefs, but they would welcome Amicus Briefs. Cheryl said they are definitely looking for Amicus Briefs and she would be happy to talk to anyone who is interested in filing a brief (contact betty@c-map.org and I will put you in touch with Cheryl).  They would especially welcome briefs with community radio station call letters on them. They would need those Amicus Briefs by approximately December 23^rdbut that date is somewhat uncertain. It could be earlier. Cheryl and others will help write the brief and prep the attorneys. 

The case regards the FCC’s ownership rules.  In 2016 the Obama administration decided that they would keep the (at that time) current rules in place regarding consolidation.  Once the Trump administration got in, they decided to reverse those ownership rules allowing a more consolidation, particularly allowing TV/Newspaper cross-ownership.  Prometheus took the FCC to court and won.  The U.S. Court of Appeals overturned the FCC actions, and then denied their request for a rehearing.  The FCC decided to appeal directly to the Supreme Court.

In Spring 2020 the Solicitor General advocated the case to the SC and on October 2 the SC agreed to hear it.  Because the SC agreed to hear the case is not a good sign for Prometheus.  If the SC thought the lower court ruling (which favored Prometheus) was sound, it would not have agreed to hear the case.  The FCC (and media industry) will present their case(s) in November; Prometheus will present its case in December.  Oral arguments likely will happen in January. Information on this case is on the SC’s website, https://www.supremecourt.gov/. Just enter “Prometheus radio”.

Michael B said it sounds like we should have a separate Zoom meeting to discuss just this subject.  Many agreed.  Betty suggested sometime soon after the election.  Many agreed.

FCC Stuff: 

The FCC has confirmed that the upcoming NCE window will be a Reserved-Band window (88.1-91.9MHz) – like in 2007.  But no hint of a date yet.  The FCC is proposing that there be a limit of ten applications per organization.  They go on to say that no party to an application (such as a board member) may be party to more than ten applications.  It has not yet been published in the Federal Register. Once that happens there will be a 15-day public comment period followed by a ten-day reply period.  Some on the call want a lower number.  Michi said let’s exchange emails and come up with a number that we can all agree on.  Then we can say that number in comments. Our several comments with the same message might carry a bit of weight.  More information available at https://recnet.com/.



Recnet just released a draft availability map for the upcoming NCE window in 2021. Go to https://www.facebook.com/michichan and scroll down, scroll down, scroll down.  They also released a draft LPFM availability map, also on the facebook page.

Follow the compliance guides that some organizations have put out including Recnet.  Some organizations, such as Saga, are just looking for a way to “get” your station. Be especially careful about the wording of your underwriting announcements.  Michi has published a Guidance handbook, recnet.com/compliance.  Lots of Do’s and Don’ts.

Legal Resources for LPFMs and non-NFCB stations:  Peter said that at one of the GRC sessions someone talked about possible liability issues when they sent reporters to demonstrations.  Peter was not sure if the NFCB legal handbook still exists. Do we have anything like NFCB’s legal handbook for those who are not members of NFCB.  If we don’t, should we think about how we might get such a handbook.  Clay said that Michael Couzens has been contracted with to do the update of NFCB’s legal handbook.  But, that still does not address the issue of legal handbook-type resources for non-NFCB stations. 

Al shared that he has set up a site called communityradio.wiki. The idea is for people to upload content that is shared with everyone – free-sharing of information.  Right now it is not a place with a lot of information; it is a place to put information.  Michi called it a free open forum.

Stations Updates:

WRAU, Ocean City, Maryland.  50K watt.  It’s available.

GRC2020 Report:  Betty reported that the Virtual GRC 2020 Summit was a big success.  A few technical glitches here and there but overall sessions chock full of timely and excellent information.  There also was time for back and forth discussion of the three primary themes of this GRC: 

The Pandemic:  How to Broadcast Safely & Responsibly

The Protests:  Amplifying Justice & Equality for All

The President: Energizing the Electorate Through the FM Dial

The sessions covered these topics and went beyond.  Betty suggested that the virtual element be a part of future GRCs (when we can have in-person GRCs again) to be able to include those who would not be able to travel to the actual site.  Some might say that would decrease the number of people who would attend the in-person GRCs.  Not a chance – being with radio colleagues and friends is one of the most important elements of GRCs.

Jim Ellinger said he agreed that it was a fine conference.  The content is on the web, https://www.youtube.com/channel/UCqecKWCvCXV9_uYptTQGmfQ?fbclid=IwAR2C_mxuHJE_9ZAXPdtHFkMXJgRTw3VP83xwNHnUTRDuJuebCfh3OtrdAB8.  Take a look and listen.

Thanks to WXOX and all who worked so hard to make GRC2020 such a pleasure and success.

Next Meeting:  Tuesday, November 17, 2020, 11:00am PDT