201 lines
9.3 KiB
Plaintext
201 lines
9.3 KiB
Plaintext
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From hiken@igc.apc.org Sun Dec 26 17:17:15 1993
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Date: Fri, 10 Dec 1993 10:26:33 -0800
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From: Marguerite and Luke Hiken <hiken@igc.apc.org>
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To: frbspd@crl.com
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Subject: FCC Knocks
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WHAT TO DO WHEN THE FCC KNOCKS ON YOUR DOOR
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Produced by the Committee on Democratic Communications -- A
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National Committee of the National Lawyers Guild
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Address: Committee on Democratic Communications, One Sansome St.,
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Ste. 900, San Francisco, CA, 94104, (415) 705-6464.
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INTRODUCTION: RECLAIMING THE AIRWAVES!
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Let a thousand transmitters bloom
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by Stephen Dunifer, Free Radio Berkeley
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Using inexpensive hand-built transmitters, micro-power
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broadcasters such as Free Radio Berkeley and Black Liberation
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Radio in Springfield, IL, are challenging the information
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stranglehold imposed by the corporate media and enforced by
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federal regulation. Micro-radio is a First Amendment challenge to
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restrictive federal regulations which only favor those with money
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and power.
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Most communities are denied their own voice. Unless one has at
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least $50,000 to start a 100 watt FM station, there is no way any
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community without those resources can have a voice. Before 1980
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it was possible to apply for and receive a 10 watt Class D
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educational station license with very little money in the bank.
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Thanks to an alliance of reactionary elements, who sought to
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suppress voices outside the mainstream, and liberal elements such
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as the Corporation for Public Broadcasting (NPR), who sought to
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establish more "professional" stations (translation: more likely
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to be funded by corporate blood money laundered through
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foundations), the FCC eliminated all 10 watt station licenses as
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of 1980. This move prevented the 90% of the U.S. population who
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do not have the monetary resources from having a voice on the FM
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band; especially African Americans who are underrepresented in
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the media by 600%.
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If the airwaves were not dominated by the corporate media pirates,
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there would be plenty of FM radio spectrum space available for all
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to use. Even in the congested Bay Area FM radio spectrum, there
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are quite a number of frequencies that would be appropriate for
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low power (.5 to 10 watts) community broadcast operations.
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Unfortunately, like so many other public resources such as old
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growth forests, the air waves have been hijacked and polluted by
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the corporate state in its relentless pursuit of profit and
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control of all public resources.
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In response, there is a growing movement of individuals and
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communities who have set up micro-power (.5 to 10 watts)
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broadcasting operations. Most notable of these is Black
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Liberation Radio, which covers a housing project area in Illinois.
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Black Liberation Radio has been under severe attack by both the
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local police and federal agencies. Despite police and federal
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harassment, Black Liberation Radio is on 24 hours a day offering
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some of the finest programs to be found anywhere on almost no
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budget.
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Frightened by this growing movement, the FCC comes knocking at
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doors, slapping fines ranging anywhere from $750 to $20,000. This
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booklet is to help you deal with the FCC's tactics to stifle our
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right to communicate with each other.
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Just imagine the possibilities of having hundreds of micro-power
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broadcasts like this across the country. Cost is not a problem
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since a basic station can be put on the air for less than $200.
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Soon, an inexpensive UHF TV transmitter design will be available
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as well. With determination and purpose we can break the
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stranglehold on the flow of cultural and artistic expression
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information and ideas in this country.
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WHEN THE FCC KNOCKS ON YOUR DOOR
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NOTE: The following discussion assumes that you are not a
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licensed broadcaster.
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Q) If FCC agents knock on my door and say they want to talk with
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me, do I have to answer their questions?
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A: No. You have a right to say that you want a lawyer present
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when and if you speak with them, and that if they will give you
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their names, you will be back in touch with them. Unless you have
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been licensed to broadcast, the FCC has no right to "inspect" your
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home.
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Q) If they say they have a right to enter my house without a
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warrant to see if I have broadcasting equipment, do I have to let
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them in?
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A: No. Under Section 303(n) of Title 47 U.S.C., the FCC has a
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right to inspect any transmitting devices that must be licensed
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under the Act. Nonetheless, they must have permission to enter
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your home, or some other basis for entering beyond their mere
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supervisorial powers. With proper notice, they do have a right to
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inspect your communications devices. If they have given you
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notice of a pending investigation, contact a lawyer immediately.
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Q) If they have evidence that I am "illegally" broadcasting from
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my home, can they enter anyway, even without a warrant or without
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my permission?
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A: They will have to go to court to obtain a warrant to enter
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your home. But, if they have probable cause to believe you are
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currently engaging in illegal activities of any sort, they, with
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the assistance of the local police, can enter your home without a
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warrant to prevent those activities from continuing. Basically,
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they need either a warrant, or probable cause to believe a crime
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is going on at the time they are entering your home.
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Q) If I do not cooperate with their investigation, and they
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threaten to arrest me, or have me arrested, should I cooperate
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with them?
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A: If they have a legal basis for arresting you, it is very
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likely that they will prosecute you regardless of what you say.
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Therefore, what you say will only assist them in making a stronger
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case against you. Do not speak to them without a lawyer there.
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Q) If they have an arrest or a search warrant, should I let them
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in my house?
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A: Yes. Give them your name and address, and tell them that you
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want to have your lawyer contacted immediately before you answer
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any more questions. If you are arrested, you have a right to make
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several telephone calls within 3 hours of booking.
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Q) Other than an FCC fine for engaging in illegal transmissions,
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what other risks do I take in engaging in micro-radio broadcasts.
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A: Section 501 of the Act provides that violations of the Act can
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result in the imposition of a $10,000 fine or by imprisonment for
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a term not exceeding one year, or both. A second conviction
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results in a potentially longer sentence. If you are prosecuted
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under this section of the Act, and you are indigent (unable to
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hire an attorney), the court will have to appoint one for you.
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Q) Are there any other penalties that can be imposed upon me for
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"illegal broadcasts."
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A: Under Section 510 of the Act, the FCC can attempt to have your
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communicating equipment seized and forfeited for violation of the
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requirements set forth in the Act. Once again, if they attempt to
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do this, you will be given notice of action against you, and have
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an opportunity to appear in court to fight the FCC's proposed
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action. Realize, though, that they will try to keep your equipment
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and any other property they can justify retaining until the
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proceedings are completed. You have a right to seek return of
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your property from the court at any time.
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Q) If the FCC agents ask me if I knew I was engaged in illegal
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activities, should I deny any knowledge of FCC laws or any illegal
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activities?
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A: No. You will have plenty of time to answer their accusations
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after you have spoken with an attorney. It is a separate crime to
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lie to law enforcement officials about material facts. Remain
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silent.
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Q) If I am considering broadcasting over micro-radio, is there
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anything I can do ahead of time to minimize the liklihood of
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prosecution?
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A: Yes. Speak with an attorney before you are approached by law
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enforcement to discuss the different aspects of FCC law. Arrange
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ahead of time for someone to represent you when and if the
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situation arises, so that you will already have prepared a
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strategy of defense.
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Q) What can I do if the FCC agents try to harass me by going to
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my landlord, or some other source to apply pressure on me?
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A: So long as there is no proof that you have violated the law,
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you cannot be prosecuted or evicted. If there is evidence of
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misconduct, you might have to defend yourself in court. Depending
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upon what the FCC said or did, you might be able to raise a
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defense involving selective prosecution or other equivalent
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argument. If the conduct of the agents is clearly harassment,
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rather than a proper investigation, you can file a complaint with
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the F.C.C. or possibly a civil action against them.
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Q) If I want to legally pursue FCC licensing for a new FM
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station, what should I do?
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A: It isn't the purpose of this Q and A sheet to advocate or
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discourage non-licensed broadcast operations. A person cited by
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the FCC for illegal broadcasting will find it virtually impossible
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to later obtain permission to get a license. If you want to
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pursue the licensing procedure, see the procedures set forth in
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the Code of Federal Regulations, Title 47, Part 73. The
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application form (Form # 301 A) is extremely complicated, and
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requires a filing fee of $2,030.00. If you want to contact the
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FCC directly, call them at their Consumer Assistance and Small
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Business Division, Room 254, 1919 N St. NW, Washington, D.C.
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20554, tel (202) 632-7260. Don't bother to try this without
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significant financial backing.
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