We know and understand that the rules say NO to acting like a licensed station when all we are is a part 15 low power station. “Acting licensed” mostly means “don’t use call letters that seem licensed,” or especially don’t use an actual licensed station’s call letters or identification.”
Otherwise we have no requirements, not even to reveal where we are. Of course it’s technically obvious where a 50mW station is: nearbye.
But the audio jibber jabber is another matter. How about “This is Radio Antarctica broadcasting from the Ross Ice Cap near the south pole.” Hmm?
PhilB says
How Remote is Remote
Good question Carl.
I have no idea what the answer is. The FCC used to require licensed stations to broadcast a certain percentage of local interest programs . This rule seems to have evaporated from the landscape. There are now a huge number of local stations that have evolved over the years to robot stations broadcasting “Clear Channel Radio America”, or whatever, from a satellite feed, 24 hours a day with no local content whatsoever. So, I would think “Radio Antarctica” would be OK.
kk7cw says
Local Programming Requirement
Class A FM, full power FM in the commercial portion of the band and LPFM stations that are licensed as non-commercial are required by law to produce “X” amount of hours of locally produced programming each day. Some Class A low power commercial stations reportedly have been required to air a minimum number of hours of locally produced programming as well.
Some of this is a recent effort by the FCC to increase “localism”.
Full power commercial FM stations do not have this requirement. AM broadcast stations are not classified, by license, as commercial or non-commercial and also don’t have a local programming requirement.
And finally, the FCC used to enforce a rule regarding “superfluous communication”. The rule stated that intentionally false information was not to be transmitted. If false communication was intentionally broadcast, the perpetrator could be cited and fined. I suspect the rules is still in effect, but is rarely enforced.
Ken Norris says
Local programming
“and LPFM stations that are licensed as non-commercial are required by law to produce “X” amount of hours of locally produced programming each day. “
Well, by definition, there cannot be a LPFM station that is ‘commercial’. The official station owner has to be a not-for-profit entity, but that’s all.
I believe the number of hours for locally produced programming is 36 hours/week, rather than a daily thing, i.e., you can break it up over a week. Also, IIRC it amounts to a ‘pledge’, rather than a hard/fast enforced rule. It’s an effort to encourage local programming, rather than acting as a repeater for network affiliates. I’ve never heard of a LPFM station getting ‘busted’ for a failure to comply with the hours rule … doesn’t mean it hasn’t happened, just that I’ve never seen anything of it.
Carl Blare says
Superfluous Talk Radio
A lot of the talk programs consist of superfluous talk and broadcast varying amounts of false, misleading information, in between the personal attacks and name calling, but it gets by because it is intended as propaganda for corporate political power.
Or possibly I’m mistaken and there’s another explanation for the false, misleading information and the personal attacks and name calling.
It must be o.k. because the FCC seems untroubled.
kk7cw says
“…FCC seems untroubled…”
The freedom of speech constitutional provision is a very wide boulevard on which public opinion travels. And when opinion is pointed at, what courts determine to be public figures (people), the road to perdition becomes very wide. It is good to notice that most of these “untruths” are not aimed at everyday Joe,s not in the spotlight. Notoriety comes with a spot of rot.
And to that end, the federal government can pick it battles carefully. The FCC is, thankfully, not the “truth” police. We the “people” are.
Carl Blare says
So What You Mean Is
Marshall, earlier you referenced a possibly unenforced FCC rule forbidding “superfluous and false speech” but later you indicated the FCC is not the truth police. But so long as such a rule exists in print, the FCC must be truth police were they to enforce.
Further, you indicated that “superfluous false speech” directed against public figures is allowed free speech.
I am not disagreeing with you about any of it, but I am insisting that when it’s considered all at once, as we’re doing now, there would seem to be contradiction.
Carl Blare says
Target Science
What Marshall said about the hate speechers on talk radio targeting public figures holds true, but some of them also attack established science, as with Ann Coulter’s appearance on Bill O’Reilly where she bluntly states that nuclear radiation is good for your health
http://www.huffingtonpost.com/2011/03/18/ann-coulter-radiation-is-_n_837512.html
This links to a Youtube excerpt.
kk7cw says
Local Programming & the public file
Most LPFM licensees have not been up for license renewal yet (8 years). So, the bad actors have not come up for scrutiny yet. Non-commercial licensees are still required to assess community of license issues and a written copy of them put in the public file, along with programming that meets those issues, every 3 months. The watch dogs for this requirement are usually not the FCC. Unless a member of the community complains that they don’t have access to the airwaves through local programming there is usually no action. These complaints will usually trigger an inspection visit in which EAS and the public file are top priorities, even for non- commercial stations. So, the violations show up as EAS and public file violations.
LPFM licenses are granted to NPO’s (there are new govt. definitions for such)….and government entities such as cities, counties, schools, colleges and universities; private and public.
In recent FCC case law involving LPFM, Class A non-commercial and “Commercial Band” non-commercial licensees, stations are required to provide locally produced programming in aggregate to a minimum of 36 hours. Airing all 36 hours on Saturday and Sunday is frowned upon by administrative magistrates as indicated in there decisions on such matters for the Commission. This would indicate that this category of station license has gained the attention of the Commission without making prominence on the N-O-V inspection blotter.
The “pledge” you speak of must be the statements and exhibits filed with the application for the construction permit. The process to gain a non-commercial construction permit currently has, as an integral part, a points system based on local-ism initiatives forwarded by the Commission. The exhibits provided by the applicant indicate the intent and qualifications for the new permit. More points means that organization gains the permit. Being a bonafide 501(c)(3) with a local Board of Directors with no other attributable interest in other station licenses in existence for 2 or more years are some of those qualifications. The IRS rules for non-profit exempt organizations are very specific and, for the most part, have been adopted by the Commission. The Commission’s opinion seems to be that Sec. 501 exempt organizations are ubiquitous enough to make that the standard.
Granted, this class of radio station, and the associated regulations, are a moving target. Even the Prometheus Project folks admittedly are challenged by how fast some these actions move.