The Unsorted BBS Collection/thegreatunsorted.tar/thegreatunsorted/texts/pirate_radio/freerdio.txt

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From: [e-mail] (Stephen Dunifer)
Newsgroups: alt.society.anarchy
Subject: FCC Seeks to Gag Free Radio Berkeley With Injunction
Date: 12 Oct 1994 23:35:03 -0700
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MEDIA RELEASE

For immediate release: Thursday, October 13 - 2 pages

Contact: Stephen Dunifer, Free Radio Berkeley - [phone], 464-3041
        Luke Hiken, Attorney At Law, NLGCDC - [phone]

FCC SEEKS INJUNCTION TO
GAG MICRO POWER BROADCASTER


    On Tuesday, October 10 attorneys for Stephen Dunifer and Free
Radio Berkeley received notice, 80 pages worth, of the FCC's intention to
seek an injunction which would bar further broadcasts by Free Radio
Berkeley.  Stephen Dunifer is named as the responsible party.  Free Radio
Berkeley is part of a rapidly growing movement which uses inexpensive and
low power radio transmitters (1/2 watt to 30 watts) to reach local
communities. Called micro power broadcasting, this movement sees simple,
easy to use transmitters as the leaflet of the 90's.  In an era of
multinational controlled mass media, micro power broadcasting is the voice
of the community; the voice of the people.  For four years the government
has been trying to squelch this movement with escalating (but uncollected)
fines.  Clearly, it sees broadcasting which anyone can do as a threat to
centralized control of information, ideas and culture.  Intimidation
having failed, the FCC is abandoning its own procedures and turning to the
weight of the Federal Courts to squelch this new and democratic media.  It
won't happen.

    Last July the FCC served a notice of apparent liability on Stephen
Dunifer in the amount of $20,000 for alleged illegal broadcasts.  This
case has been pending before an FCC administrative panel for over a year.
In July 1994, a Federal Appeals Court in the District of Columbia ruled
that the FCC's current fine structure was invalid.  This action, at the
very least, places the FCC fine process into a state of limbo until new
hearings are held.  Perhaps this explains why the FCC has taken this mode
of attack.

    Luke Hiken, attorney for Stephen Dunifer, stated, "This is a
totally unprecedented move on the part of the FCC.  It appears they have
side-stepped their own authority regarding micro radio broadcasting.
Instead, they have chosen to bring down the full weight of the Federal
Court System on an ever expanding community of broadcasters who are
challenging the FCC's ban on micro power broadcasting.". (continued)

    "They can kiss my Bill of Rights" was Stephen Dunifer's response,
who went on further to say, "Neither myself nor the movement to liberate
and reclaim the airwaves from corporate control will be deterred one bit
by the FCC's latest action.  It is a matter of free speech and human
rights.  No where in their prodigious legal tome does any aggrieved party
come forth, other than the FCC, to assert damage or harm.  FCC, in my
opinion, stands for fostering corporate control.  Free Radio Berkeley has
been on vacation for the last few months in order to allow time to put
together new equipment.  Broadcasts will resume shortly at a new
frequency, 104.1 FM, and continue until the date of the first court
hearing.  If an injunction is granted, there are many others taking up the
banner of Free Radio Berkeley.  We shall not be moved nor stymied by a
justice system which means, in reality, just us corporations."

    Another member of the legal defense team, Allen Hopper, put it
this way, "It is utterly amazing that the FCC would seek a TRO, which is
only sought for emergency situations where the threat of immediate and
irreparable harm requires the intervention of the Court.  The fact that
the FCC has had this case pending before its own administrative panel for
over a year contradicts any notion of emergency or injury.  Further, their
actions clearly demonstrate the fear they hold for the kind of public
dialogue which takes place over micro power radio."

    Luke Hiken and the National Lawyers Guild Committee on Democratic
Communications are committed to defending the rights of micro broadcasters
under the US Constitution and principles of international law.

    At this moment, a hearing on this matter is scheduled to take
place on December 2 in Federal District Court in Oakland starting at 10:30
AM.  A Free Speech Solidarity Support Rally will be held outside the
Oakland Federal Building prior to the hearing.  On the following evening
(Saturday, December 3) a public forum flying the banner of - Seizing the
Space, Media and Communications Free Speech Activism - will be held in
Berkeley at the Unitarian Fellowship (Cedar & Bonita).  Starting time will
be 8 PM.  Simultaneous forums on this topic will be taking place in a
number of other cities around the US, and perhaps internationally as well,
on this date.

    Complete media packets will be sent out upon request.  Please
contact Free Radio Berkeley, [phone], [phone].