3740 SW Comus Street
Portland, OR 97219
ph: 503-245-5756
fax: 503-245-5773
info
On the call: LaGanzie Kale, Michi Bradley, Betty McArdle, Michael Brown, Michael Richards, Al Davis, Caitlin Reeding, Clay Leander, Tom Voorhees, Ursula Ruedenberg, Jim Ellinger
FCC Updates: Michi, There was an inquiry from one of the Democratic senators from Michigan about LP250. The senator is on the Commerce Committee. Michi thinks we are at a point where we should advise our LPFM clients to contact their members of Congress and Senators about LP250 and why the FCC has tentatively rejected LP250. LP250 would give LPFMs more flexibility when it comes to displacement by translators. Michi would like to see letters going to the FCC and especially Chairman Pai, asking why LPFM250 and the translator release are not on the radar.
On 19-3, we still do not have the published rules in the register. She does not know why it is taking so long. The advice Michi has gotten from staff is if you have an assignment application for an LPFM that still has not been licensed after the three years, go ahead and file. Ask for a waiver of the rules. It’s going to take 30-45 days for the assignment to go anywhere. She says they will honor the waiver pending the publication of 19-3.
Right now the focus is on 19-193, the technical rules.
Clay, RE: status of a listener having standing for filing an objection. The FCC has all but put a nail in the coffin for the Camden translator that is short-spaced with an LPFM.
Michael Richards, I can give some basic background. Happily it’s not the final nail. There are some internal appeals that are possible. Ultimately, the argument is whether the FCC met its obligations under the Administrative Procedure Act, which often gets you puzzled looks when you talk to an FCC staff attorney (in the Media Bureau) about it, because that is something the General Council ‘s office is more apt to deal with. There is a part in the APA that says if you have spoken about a policy very strongly, and you have done so in a rule-making procedure (meaning you have used Notice and Comments) – They have never officially and properly backed away from what they said in the Sixth Report and Order on LCRA. That basically laid out the need to ensure there is something available for future LPFM licensing. That is what a lot of this back and forth thing has been about. There is also another case currently in Modesto. The APA
essentially says that an agency needs to follow its own rules. There are exceptions for purely internal rules such as “single or double spacing” or the “size of the font”. Or, something like giving more time for information gathering. That kind of thing. They can change the policy, but they have to explain it rationally; they cannot just pretend it didn’t exist. One of the issues is that Congress gave the FCC very “light” definitions. As there were changes in administrations and composition of Congress, they tried to run with that flexibility.
Stations Update:
Clay, FCC granted a couple of license applications in LMS. There have been some issues with getting licenses granted in LMS in the past. One was KJZX, Austin TX. The other is in Arizona. But there still is a backlog of license applications.
Other:
Jim Ellinger: Malawi project update: Grant request completed and submitted to half dozen grantors. If no grants come through no humans will be going. Jim and committee will buy kits and send them to Malawi. If anyone has equipment that might be worth shipping or has connections with anyone who wants to give funds for the project, contact Jim Ellinger. There still are issues with getting or building a tower (there are none within the region). A lot of the usual options just won’t work there. The tower will be a single stick.
Tom, Pacifica announcement: Watch your email and snail mail for a nation-wide Pacific election. Tom said he will not say which side he is on but that it is a critical vote.
Ursula, The problem with this vote is that it eliminates affiliates’ directors on the national board. In recent times those directors’ votes have been critical to the continuance of the affiliates program. Ursula says it’s not a well-thought-out initiative. It’s critical that the affiliates program have a voice on the board. It is a significant source of income for Pacific national.
Tom added, vote no to keep the existing set of by-laws.
Conferences/Trainings: Do not yet know dates for NFCB and GRC.
Next Meeting: Tues, March 10, 11:00am PDT
Copyright 2009 Community Media Assistance Project. All rights reserved.
3740 SW Comus Street
Portland, OR 97219
ph: 503-245-5756
fax: 503-245-5773
info