153 lines
7.2 KiB
Plaintext
153 lines
7.2 KiB
Plaintext
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[3-page letter follows; 2 by author, 1 by attorney's office]
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-------
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(letterhead)
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"KAPW - P.O. Box 47473 Phoenix, Az 85068-7473 (602) 548-1054
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88.9mHz ARIZONA'S MOST CONTROVERSIAL RADIO"
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FOR IMMEDIATE RELEASE
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JUNE 13, 1993
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TO: LOW POWER "MICRO RADIO"
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OPERATORS, ENTHUSIASTS
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AND OTHERS IT MAY CONCERN
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Ladies and Gentlemen:
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This letter comes as an effort to familiarize you with myself, who perhaps
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like you, owns or would like to own a low-power FM radio broadcast station.
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That possibility may be very soon on the horizon, as I am currently fighting
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the Federal Communications Commission for your and my rights to broadcast.
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Though I did not make it my career, I have always had an interest in radio
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broadcasting. Over the years it has become increasingly obvious that radio
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programming is geared only towards those topics that are commercially lucra-
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tive. Furthermore, broadcasting has evolved into a mega-buck enterprise where
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only the wealthy have the "right" to play! This is a far cry from the early
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days of radio, where many stations started out in an individual's home.
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Through a good deal of research and perseverance, I managed to assemble a
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reasonable radio studio in a small shed in my backyard. I purchased a 1/2 watt
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FM transmitter and installed a hand-made antenna on a 36' mast. The studio
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contained all the necessary equipment to monitor the station's power output
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and frequency to assure that the station would not interfere with any other
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broadcaster. Using books available at the local library, I researched the FM
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spectrum and selected an "open" frequency where there was no chance of inter-
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fering with any licensed broadcast station. None of this was done in secrecy:
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I notified the media AS WELL AS the FCC of my intention to broadcast. The
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pre-mise for the operation of my station, which covered an area in a radius of 2-3
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miles from my home, was "community access" radio. Most of the programming was
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talk oriented. There were some locally produced shows featuring political
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commentary from both the "left" and "right." Most importantly, everyone was
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invited to express their opinions, or in fact, to produce their own shows!
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The broadcast schedule was Sunday through Friday from 6:00 - 10:00 p.m. Of
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course, the FCC eventually came calling, and under the pretense of their imag-
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inary "authority," attempted to inspect my station. This attempt was rebuffed
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by myself. I did agree to temporarily suspend broadcasting pending negotiation
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of a manner to resume the activity free from harassment. However, the FCC at-
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tacked by a "finding" of a statutory violation of operating without a license.
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Of course, most of you are aware that there is no provision for the issuance
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ofan FCC sanctioned "low power" FM license. The FCC was not going to give an
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inch as I proceeded through their administrative circus of appeals. Since
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then, I have taken the matter to the Ninth Circuit Court of Appeals in San
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Francisco. The issue of low power FM broadcasting has been extensively briefed
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by my lawyers and is now pending the Court's review.
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My legal remedies have not been exhausted, but as you can guess, I am finan-
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cially exhausted. One of the reasons that the government gets away with so
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many tactics like this is because the average citizen can not afford to chal-
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lenge the Washington bureaucrats. My attorneys view this as an exciting test
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case for low power FM broadcasting, one that may open the door for the respon-
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sible operation of low power FM stations. The pursuit of this case has cost me
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a lot of money. I owe a large balance to my attorneys, and will have great
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difficulty in paying it on my own - if at all.
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Yet look at what is at stake! The bulk of the government's defense has been
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to stall and attempt to dismess. Obviously, the FCC never thought that I would
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fight back...so many others have merely capitulated and succumbed to the FCC's
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threats. Even if you do not own a low power FM radio station, or have no
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desire to engage in this activity, a clear victory will send a loud message to
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the Washington officials: WE THE PEOPLE have spoken!
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With that in mind, my law firm and I have agreed to the establishment of a
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trust fund for the legal defense of KAPW (please see attached letter). When
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money is contributed, it will be used to fund the continuing obligations/legal
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actions that I must maintain to obtain a Court ruling allowing me to broadcast.
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I now invite you to send any funds which you can spare in care of my attorneys,
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whose address is on the attached letter. A receipt will be sent to you, as
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well as a note of progress as the case continues.
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Your assistance will be greatly appreciated, as both myself and my attorneys
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think that there is the possibility of a major positive step in the direction
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of legitimized and legalized low power FM broadcasting. Your assistance in
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this cause will be greatly appreciated.
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Sincerely,
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(signature)
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Bill Dougan
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Community Broadcaster
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Addendum: Where applicable, mailings of this letter have been carefully handled
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to ensure confidentiality of the recipients. No mailing lists have been utili-
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zed in any way that would compromise the security and privacy of any person.
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Recipients of this letter are encouraged to reproduce/disseminate the contents
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in any manner or fashion, including but not limited to the services of computer
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B.B.S. (!)
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--------------------------
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(letterhead)
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"Law Offices of William M. Piatt, P.C.
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2700 North Central Avenue, Suite 1150
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Phoenix, Arizona 85004
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(602) 264-0114
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(602) 264-0110 (FAX)"
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June 4, 1993
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Re: Dougan adv. F.C.C.
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Dear Bill:
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Pursuant to our conversation regarding how to pay your substantial
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outstanding balance with this firm, we have reached agreement that we will
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assist in establishing a defense fund trust for you. The intention of the
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trust fund would be to help you in meeting the financial obligations you have
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already had to the firm, plus expenses for other future actions taken, as
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necessary, in regard to the F.C.C. case.
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We will separately account all contributions which you or others so
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designate to in our Arizona State Bar Foundation Trust Account. Those funds
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shall be separately accounted from others, so that all contributions are rec-
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ognized specifically for the benefit of representing your cause. We shall also
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keep you apprised to the total contributions received. Further, the two of us
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agreed to correspond periodically so as to inform those who are able to con-
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tribute, as to the status of your case as it proceeds.
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As we have now agreed to set up this fund, we wish you well on getting
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the word out to those who maintain as interest in your broadcasting and/or may
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have similar intent to exercise their right to broadcast.
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We reaffirm to you our belief that this case can be a significant test
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case in this area. From both a financial and a informational stand-point, we
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look forward to the additional support your efforts will now bring.
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Very truly yours,
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(signature)
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J. SCOTT CONLON
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JSC:sla
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-----------------------------------
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