Last week the FCC released its report on the economic impact of low-power FM stations on commercial radio. The report was mandated by passage of the Local Community Radio Act of 2010 (LCRA), and its primary conclusion should surprise nobody with any knowledge of LPFM: “LPFM stations are unlikely to have more than a negligible economic impact on full-service commercial FM stations.”

A pithy comment made to a post on The Hill’s technology blog sums it up even more vividly: “It sounds like a study investigating the Salvation Army thrift stores to see if they unfairly compete with Walmart.” In effect, this comment and the report make clear that the idea that LPFM could be a real threat to commercial radio is and always was a red herring tossed out by the commercial broadcast industry to try and thwart any addition to the radio dial that would not be under its own umbrella.

Of course, I’m certain there are many low-power radio advocates who wish low-power stations could be a bigger threat to the commercial radio establishment, especially given how the likes of Clear Channel decimated the medium in the wake of the Telecommunications Act of 1996. However, the ability for low-power FM to be an actual threat is mitigated by many of the same factors that blindsided the largest commercial radio companies while they were too focused on buying up stations, consolidating operations and firing staff around the turn of the century.

Nevertheless we are on the cusp of adding many more low-power community stations to the airwaves of towns and cities across the country. The stats uncovered in the Commission’s report paint an interesting portrait of LPFM that underlines both the power and limits of their reach.

With regard to the question of effect on commercial stations, the most significant face is that LPFM stations have a miniscule impact on ratings, if they show up at all. The station with the highest listenership managed to rank only 18th in its market.

The flip side of that coin is that, according to the report, amongst those stations that appear in Arbitron ratings, LPFM stations have a high value for “time spent listening” (TSL). This means that LPFM listeners tend to stay tuned in for longer periods of time. This fact leads the Commission to conclude that, “these measures suggest that the popular LPFM stations tend to attract a small but loyal fan base, which tunes in for long periods of time and/or switches stations less frequently than the average full-service station listener.”

LPFM stations are more likely to carry niche programming. So the National Association of Broadcasters told the FCC that it should consider the potential harm LPFMs would have on the small segment of commercial stations that cater to a niche audience. In particular the NAB argued that niche stations are more vulnerable due to having lower average revenues from a more typically formatted station.

However, the Commission notes that the NAB provided no examples of an LPFM that current duplicates or previously duplicated an existing commercial station’s format. The Commission cites comments filed by LPFM advocate Wesli Dymoke who contends that it is unlikely that a low-power station would choose to compete head-on with a more powerful commercial station. It also notes that the NAB provided no plausible explanation why a LPFM station would choose such a Quixotic path. In the end the FCC concludes that there is no evidence that low-power stations pose any threats to commercial stations with niche formats.

The completion of this report represents the penultimate hurdle in front of the expansion of LPFM, which it has now successfully leaped over. The final one is the outcome of the FCC’s proceeding to resolve the queue of pending applications for translator repeater stations, many of which could take up frequencies that would be suitable for new low-power stations after the LCRA. As of last June the Commission was leaning towards establishing a minimum number of LPFM-qualified frequencies that must remain available in a given market after translator applications are approved.

With luck the commissioners will resolve that proceedings in the first quarter of this year. In turn that could pave the way for a new LPFM license application window in the second or third quarter. Then it will have taken only twelve years to overcome the NAB’s attempt to cut low-power community radio off at the knees. Yet, after all that time communities of all sizes across the country still need true community radio, perhaps more than before.

WZND Gets a Chance at LPFM

College radio advocates are protesting the loss of student-run FM stations. On campuses nationally, cash-strapped colleges and universities are selling or leasing stations to outsiders.  The new owners are not committed to students, but have other agendas with plans for public radio programming or niche music formats.  As broadcast licenses and studio equipment are lost; at best, students end up with Internet-only stations.

There is a counter trend and good news from Bloomington, home of Illinois State University, Normal.  Student-operated radio station WZND just became the recipient of a donated LPFM license from Rock in Victory Ministries (RIVM). On September 1, the Federal Communications Commission (FCC) approved the ownership transfer of WEWT-LP from RIVM in Bloomington to the Illinois State University Foundation (ISUF), accompanied by a change in call letters to WZND-LP. 103.3 will be the Low Power FM voice of Illinois State University students, reaching nearly 75,000 potential listeners with 83 watts.

Christian station WEWT-LP, which launched on September 21, 2004 with “positive pop, dance/techno, rock, hip hop, rap, metal and hard music” for a youthful audience, has recently been experiencing severe financial problems. Although the FCC forbids LPFM operators from selling their stations, an LPFM station can be donated to another non-profit organization.  As a result, RIVM gave WEWT to ISUF, which has the needed financial resources. While approvals of transfers normally take 50 days or longer; this transaction took only 44 days.

Low Power FM stations must be owned and operated by non-profit educational organizations with no other broadcasting interests.  Since ISU owns the news/blues/jazz public radio station WGLT-FM 89.1 and a translator on 103.5 in Peoria, the school is not allowed to operate an LPFM.  However, the separate ISU Foundation can, so it was through this foundation that the donation was processed.

ISU’s Student radio station WZND, which plays a mix of rock, hip-hop, country, and classic hits, is currently celebrating its 30th anniversary as a cable radio station.  It is also heard in the Bone Student Center and on the Internet.  It has a staff of 100, including 28 interns. With the donation of WEWT, the formerly unlicensed station now has an opportunity to broadcast terrestrially.

John O. Broomall, Sr., the founder and Senior Consultant for Christian Community Broadcasting, served as Consultant to Illinois State University Foundation in the above transaction.  CCB was founded in 2000, shortly after the FCC established LPFM.  CCB’s mission is to help churches, ministries, schools, and other non-profit organizations start and operate LPFM stations with consulting, FCC filing services, and RF equipment.  John also serves as Underwriting Manager for private NCE TV station WATC-DT 57 in Atlanta.  In addition, John and his wife Henri operate WPCG-LP 103.7 from their home in Canton, Georgia.

In a statement, Congressman Doyle said,

“The benefits of low power FM radio have been demonstrated time and time again. These stations have been instrumental in local news reporting, emergency response, and cultural enrichment. I hope the FCC will recognize these important values so that many more Americans, in Pittsburgh and all other cities and towns, can enjoy the richness of local radio.”

The 28 House members also urged the Commission “to ensure the licenses are awarded to truly local churches, non-profit organizations, local governments and schools.” Given that local ownership is strictly required by FCC for LPFM licenses one has to wonder if this isn’t a bit of a swipe at the networks of translators piping in distinctly non-local and distant signals which compete with LPFMs for space on the dial.

The deadline to comment on the FCC’s rulemaking on pending translator applications and the implementation of the Local Community Radio Act was Tuesday, September 6.

The National Association of Broadcasters slipped its comments [PDF] in Tuesday just under the wire, pretty much urging the FCC to reduce the priority of licensing LPFM stations in the most densely populated urban cores, while asking the Commission to process and license as many translator stations as possible before moving on to opening up LPFM licensing windows. In particular the NAB suggests the FCC rely on Arbitron markets for determining the availability of LPFM frequencies, rather than the currently proposed method which focuses on keeping frequencies available inside a city’s urban core. Using an Arbitron market as the geographical measure, the requisite number of LPFM-eligible frequencies may remain available, however they could be only on the fringes, unable to serve the city centers that were a priority for many of the Congresspeople who supported the Local Community Radio Act.

The Commission is now accepting replies to comments that have been submitted. This is when the sparks really start to fly, as LPFM advocates attack the NAB’s counter-proposal, and the groups hoping for new translator licenses return the favor. The deadline to submit these reply comments is September 20.

As we reported back in July, the purpose of this rulemaking is to set the implementation of the Local Community Radio Act, which expands the opportunity for more new LPFM community stations.

In particular the FCC asked for comments on how to proceed with pending translator repeater station applications, given that these stations can be placed on frequencies that are also appropriate for new LPFMs. The Commission proposes setting a “floor” for the minimum number of LPFM-appropriate frequencies that must remain available in a given market after translator licensed are granted.

LPFM advocacy group the Prometheus Radio Project has created a video that explains this proposal. Prometheus also has an “action” page for those who want help submitting comments to the FCC.

Kettle Falls, Washington

The city of Kettle Falls, Washington describes itself as 1610 Friendly People and One Grouch. All of them had an Low Power FM Radio Station, it seems.

“But was stolen after 2 years of operation,” writes Richard Walter, President of the Kettle Falls Radio Group, to the Federal Communications Commission. “Upon investigation it was found awaiting it’s use as a translator. No further action was taken.”

Walters’ letter doesn’t seem particularly grouchy. Why is he writing to the FCC now?

“Prometheus Radio has prompted us to tell you our story,” he explains. It also happens that the Commission has just proposed a new set of rules that would give LPFM licenses a more competitive chance over translator applications.

Walter describes Kettle Falls as a “tourist oriented ghost of a town, drowned by the Grand Coulee Dam. Our mission has been to bring modern communication techniques into this sunny patch of the state of Washington.”

His missive continues:

We (kettlefallsradio.org) are trying to provide our rural town with another chance at broadcasting a much missed signal. They (Prometheus) suggest and I agree, that new LPFM applications be given priority over past translator applications.

Kettle Falls Radio Group is a non-profit organization for education. We have a 10 year history. As to why we need this broadcast station, there can be no other assumption than it has gotten a lot of people excited about an opportunity to have a voice.

The applications for new translators–which are low-powered stations that may only rebroadcast the signal of a full-power station–would be processed for small markets and rural communities. In order to leave some space on the dial for new LPFM stations the Commission proposes dismissing translator applications in larger markets where new translators would fill up any last available space appropriate for LPFMs.

In 2007 the FCC froze the processing of 6,500 pending applications for FM translator stations because the Commission concluded that doing so would “frustrate” the further development of LPFM. It then established a limit of ten applications per applicant, which the Commission has now reconsidered. Instead, the FCC proposes a policy based on the availability of spectrum for LPFM on a market-by-market basis. This is in part motivated by a stipulation in last year’s Local Community Radio Act, under which the Commission is required “to ensure that licenses are available for LPFM and FM translator stations; licensing decisions are based on community needs; and translator and LPFM stations remain equal in status.” The change is also propelled by the recognition that a simple translator application cap likely would not preserve spectrum space for LPFM in the largest, most crowded radio markets.

In today’s proposal the Commission suggests a “floor” specifying a minimum number of LPFM frequencies that must remain available in a market in order for translator applications to be processed and awarded.

Responding to the FCC’s proposal, Brandy Doyle, Policy Director at the Prometheus Radio Project, said,

Today the FCC starts to redeem the promise made to thousands of community groups and national organizations that successfully fought to pass the Local Community Radio Act. The Act requires the FCC to ensure channels for low power stations, and we believe a market-specific solution could accomplish that.

Congressman Mike Doyle (D-PA), lead cosponsor of the Local Community Radio Act, said,

I am delighted to see that the FCC is moving forward to carry out legislation I championed for so many years. This is a major victory for community radio, and I urge the FCC to license as many LPFM stations as possible.

Ever since the passage of the Local Community Radio Act, the big question has been how the FCC will deal with its backlog of applications for translator repeater stations. Translators are low-power stations that may only rebroadcast the signal of an existing full-power station, and can be fit in many of the spaces on the dial that could also accommodate low-power FM community stations under the provisions of the Act.

The answer to that question may soon be on the horizon. The Commission has an item on the agenda for its July 12 open meeting that addresses the issue. Unfortunately there’s little indication as to what the exact decision at hand might be. The agenda only says we can expect a “Notice of Proposed Rule Making seeking comment on the impact of the Local Community Radio Act on the future licensing of low power FM and FM translator stations.”

LPFM advocates are certainly hoping that the Commission will propose opening up a new application window for low-power stations first, while those with translator applications in the queue are hoping to be dealt with first. I suspect that the FCC’s proposed rulemaking will try to find some middle ground, if that’s possible. In any event, there should be a public comment period following the announced proposal.

Prometheus Radio Project Organizes Radio Summer for LPFM Seekers

This summer there will be plenty of opportunities to not only learn about how to build your own radio station (see Paul’s post about Free Radio Berkeley’s “Build Your Own Radio Station” summer camp), but there will also be events focused on spreading the word about low power FM (LPFM) and upcoming opportunities for those dreaming of having a brand new radio station.

Prometheus Radio Project has deemed the upcoming months Radio Summer and is embarking on a project to enlist volunteers to help disseminate information about the upcoming LPFM application window in the United States in light of the recently passed Local Community Radio Act. According to the Prometheus Radio Project website:

“As early as next year, there will be a chance to apply for thousands of new community radio licenses. These non-commercial stations will broadcast local news, independent music and arts, and other diverse programming not heard on commercial radio. Radio Summer is a chance for independent media lovers nationwide to hit the road, host a volunteer, lead an event, or spread the word about this amazing opportunity.”

Prometheus is asking for volunteers to spread the word about LPFM through street teams, road trips, and local events. On their website they also offer a LPFM 101 cheat sheet, with answers to common questions about community radio and the licensing process as well as information about how to start up a new low power community radio station. Those who register on Prometheus’s website will also get sent details about upcoming events and webinars focused on the nuts and bolts of starting up a radio station.

If you are thinking about starting up a LPFM station, you might also want to look at some of the suggestions (including tips on other events this summer) given by Common Frequency during their FM broadcasting brainstorming session at the recent UCRN college radio conference.

KPDO logo

In the aftermath of the departure of Pirate Cat Radio founder Daniel “Monkey Man” Roberts from the scene, the Pescadero low-power community radio station he was managing is carrying on, trying to clear the haze of confusion he left behind. The San Mateo County Times followed up with KPDO, including its founder Maggie Celeste Worden, reporting some new facts challenging some of Roberts’ earlier claims.

Recall that earlier Roberts had claimed he consolidated Pirate Cat Radio’s streaming radio operation into the foundation that owns and operates KPDO. In a press release he posted as a comment to one of Jennifer Waits’ stories on the situation Roberts claims,

Earlier, in August 2010, I transferred Pirate Cat Radio, the web streaming operation, to the Pescadero Public Radio Service (PPRS) not-for-profit foundation, which is the owner of KPDO, the radio station in Pescadero.

However, Worden tells the County Times that it ain’t so. Monkey’s lawyer, Michael Couzens, backs up Worden’s counter-claim, telling the paper that an attempted transfer failed, and therefore, “that transfer was null and void.”

Roberts, who apparently had been serving as president of the foundation operating KPDO, has let go of the reins there somewhat more easily than at Pirate Cat. He has agreed to step down and become vice-president while Worden takes over as president.

Interestingly, Worden herself posted a stinging comment to the story, taking to task the author’s characterization of Roberts as “station director and chief visionary.” Worden writes,

Daniel Roberts as ‘chief visionary’ is almost laughable! The vision for KPDO is and always was a community supported, community operated, community oriented station, and NEVER was to be a mouthpiece for PCR. My founding vision, back in 1994, was a cross between KFAT, Pacifica and Northern Exposure, only in the beautiful surroundings of the South Coast: and so it shall be!

Personally, I’m glad to see KPDO moving forward from this unfortunate circumstance. I hope that KPDO remains a true community station, an asset of both the volunteers who make it work, and the listeners who rely upon it.

If you’re interested in my stale take on old news, then read on….
The states’ rights argument supporting unlicensed broadcasting is one that bubbles to the surface every so often, typically coming from broadcasters associated with right-wing political stances. The line of reasoning goes that the federal government only has the power to regulate interstate commerce, and the 10th amendment to the Constitution guarantees to the states all other regulatory powers. Therefore, the states’ rights argument concludes the Federal Communications Commission may only regulate radio signals that cross state lines. To date, this argument has not been successful in any court challenges to the Commission’s authority.

Nevertheless, that doesn’t seem to be stopping Oklahoma state Representative Charles Key who is sponsoring House Bill 2812 (link to .rtf file of bill text) known as the “Communications Freedom Act.” If signed into law, the bill would declare noncommercial broadcasts originating within the state to be “not subject to federal law or federal regulation.” To qualify the transmissions would have to be “not intended to be involved in interstate commerce, nor to have any affect upon interstate commerce.”

The Oklahoma Watchdog contacted Rep. Key, a Republican, and reports that,

he suspects the federal government doesn’t like the “free speech aspect” of low-power FM radio and may view it as a threat.

“The federal government is out of control. It’s violated its role in regards to the Constitution. The government has become a predator of sorts and it’s become a law until itself.”

I do find it curious that the introduction of this bill comes after the passage of Local Community Radio Act, which significantly increases the opportunity for more low-power FM stations nationwide. Nevertheless, I guess if you’re suspicious of the FCC’s intentions and ability to regulate radio broadcasting, you’re not going to trust the agency in licensing new LPFM stations.

Rep. Key seems to have quite the infatuation with the 10th amendment and states’ rights. He garnered national attention in 2009 when he sponsored a bill that reasserted the sovereignty of the state of Oklahoma under the 10th amendment. That bill passed both the state House and Senate, but was vetoed by former Governor Brad Henry, a Democrat.

So it would seem that the Communications Freedom Act is an attempt to pick away at a particular federal power that Key might have expected to be abolished under his sovereignty bill. I don’t know nearly enough about Oklahoma politics to be able to guess if the Communications Freedom Act has any chance of passage. I suspect that it’s one thing to support a bill that purports to simply reaffirm the 10th amendment but it’s another thing altogether to vote for a bill that specifically targets the FCC’s authority.

It is probably a little early yet for would-be pirate broadcasters to start warming up their transmitters. And even if the bill passes I don’t expect the FCC will sit idly by. Stay tuned.