COURAGE, TRUTH & BOOTY:

Pirate Radio USA, The Movie

2011-07-16T19:08:00.003-06:00

Pirate Radio USA, the movie, is available to watch free online (hulu) here:

http://www.hulu.com/watch/150136/pirate-radio-usa

Well worth the time.

Free Radio Berkeley Video

2011-07-07T16:33:00.001-06:00

How To Make a Radio Station from Free Radio on Vimeo.

Kiss FM

2011-07-01T12:53:00.002-06:00

Some places, starting out as a pirate radio operator doesn't get you BANNED FOR LIFE from getting license.

Great article on the old Radio Caroline Crew and what they're up to

2011-04-03T19:13:00.003-06:00

Born of Pirate Radio, Seeking a Spot on British Dial

All they want is a old AM frequency no one is using and the Ofcom (Brit's version of the FCC) are being dicks.

REALLY low power radio: LPAM

2011-02-02T10:43:00.005-07:00

Several years ago, when Sparky and I first started up KBFR/Boulder Free Radio in Boulder, we had several wacky ideas about STL (Studio Transmitter Link) approaches uses standard 2.4Mhz (wifi, essential) beams, FM microcells that hang off the side of walls scattered around a city and the internet as a backbone to feed tons of small 'stations' using part 15 rules.

Sparky just sent me this:

Can You Do a Lot With 0.1 Watt?

Looks like some folks in CA are trying some of these approaches for real.

Take a very low powered AM transmitter, hook it to a laptop with internet access, broadcast the stream from your radio studio to the laptop.

Now, do that again, over and over, across a high density neighborhood. Voila! A radio network!

Pirate radio as a 'just in case' media and message system when it all gets shut down

2011-01-29T21:55:00.005-07:00

The internet could never be shut down, right?

Wrong.

Eygpt managed to do just that this last week.

What if every city and major towns had a few pirate radio operators set up and ready to go on air in the event something as 'unthinkable' as the internet getting shutdown actually happened?

They don't have to be up 24/7. Hell, they don't even have to operating at all. Just ready to if the need arose.

2010-12-30T15:10:00.003-07:00

From John at DIYMEDIA.net

He says someone emailed it to him, not sure who.

All I can say is: Dead on accurate.

2010-12-26T14:29:00.002-07:00

Crispy Critter with the complete pirate radio setup

A BW150 transmitter. An IO2 USB mixer. A Dell desktop with 15" monitor. An SM57 Shure mic with stand and cable.

That's it. Of course, there's a cable and an antenna (Comet).

Total cost: $3700 with $3000 of that being the BW150 transmitter. That's a pro top of the line pirate TX. You can do it for far less.

Get your asses out there and set up a station. It's not hard and it's not THAT expensive.

Well HOT DAMN

2010-12-19T21:07:00.004-07:00

It doesn't get much better than this. This is why I started a pirate station in the first place. I WANTED to create an LPFM station. I got the paperwork, ordered the equipment and bam.. the NAB and NPR (yea.. NPR) closed it down with a few selectively bought off senators.

Now, it's happening. Low Power FM (LPFM) is going to be sprouting up all over the country. Thousands of stations with actual local content, interesting music and local management that give a shit about the community they're in.

It'll actually be worth buying a radio now (I don't know anyone under 30 who even owns one outside of the one they get by buying a car).

This is totally kick ass.

WASHINGTON, DC – Today a bill to expand community radio nationwide – the Local Community Radio Act – passed the U.S. Senate, thanks to the bipartisan leadership of Senators Maria Cantwell (D-WA) and John McCain (R-AZ). This follows Friday afternoon’s passage of the bill in the House of Representatives, led by Representatives Mike Doyle (D-PA) and Lee Terry (R-NE). The bill now awaits the President's signature.

These Congressional champions for community radio joined with the thousands of grassroots advocates and dozens of public interest groups who have fought for ten years to secure this victory for local media. In response to overwhelming grassroots pressure, Congress has given the Federal Communications Commission (FCC) a mandate to license thousands, of new community stations nationwide. This bill marks the first major legislative success for the growing movement for a more democratic media system in the U.S.

"Unfortunately People Go to Jail Now" - Not

2010-07-13T20:29:00.005-06:00

From DIYmedia.net

Great info on how the FCC really works in regards to controlling Pirate Radio in America.

Chapter 2. Contemporary Treatment of Unlicensed Broadcasting

The FCC has never articulated a very specific policy with regard to unlicensed
broadcasting beyond a blanket commitment to enforce the law requiring a license. Since it is a
cardinal violation of the Communications Act the FCC tends to take such behavior relatively
seriously, punishing those offenders it can catch through a selection of enforcement tools at its
disposal. These range from administrative sanctions like fines to seizure and forfeiture of
equipment,1 injunctive relief, and criminal charges.2

An unlicensed broadcaster’s avenues to challenge these enforcement actions vary
depending on which method of enforcement is chosen by the FCC. The district courts have
jurisdiction to enforce the application of FCC enforcement orders,3 although the avenue of
challenge to FCC regulations begins at the courts of appeal.4 Appeals of enforcement orders that
are preceded by official cease and desist notices is limited to the D.C. Circuit only,5 as are cases
of unlicensed broadcasting which began with the filing of a license application or waiver.6 But
the FCC need not (and often does not) issue a cease and desist notice before moving forward
with an injunction, forfeiture or any other enforcement effort, and a pirate station need not
telegraph its intent before taking to the airwaves. This places the initiation of most court cases
involving unlicensed broadcasting in the domain of the district courts.

The FCC’s protocol for dealing with unlicensed broadcasting utilizes a system of
escalating punishment. Once field agents confirm the presence of an unauthorized radio signal
they will triangulate its location and attempt to make contact with the station operator. An
official Notice of Violation (NOV) is usually served first, either in person or via certified mail,
requiring a response to an FCC field office within 10 days. The FCC takes responses to a NOV
very seriously: if the respondent is truthful and forthright, takes responsibility for their
transgressions and offers adequate explanation and contrition, the FCC may reduce or waive the
penalty. Responses that gloss over or contradict the FCC’s initial findings, and non-responses, all
but guarantee further punishment.7

If an unlicensed broadcaster continues operations following the service of a warning
notice, the FCC may proceed in a variety of directions. If the infraction is serious enough the
agency can move quickly and decisively to take the station off the air. This involves securing a
warrant to seize the unlicensed transmitter and executing a station raid with the help of Federal
Marshals.8 In the majority of cases, however, the FCC proceeds along a more sedate course: a
Notice of Apparent Liability (NAL) is served on the station, threatening a monetary forfeiture
and requiring response within 30 days.9 Escalation continues with a Forfeiture Notice, requiring
payment of a fine within 30 days. If payment is not received, collection may be referred to the
Department of Justice for further civil proceedings.

Another enforcement option open to the FCC is the use of injunctions through the district
courts against broadcasters themselves; this may be exercised in lieu of or as supplement to the
forfeiture or seizure process, depending on the circumstances of a specific case. In extreme
cases, where all other enforcement tools have been exhausted without effect, the FCC can press
for criminal prosecution, again with the assistance of the Department of Justice. It is important toemphasize that the FCC may mix and match these enforcement tools to suit its needs; for
example, if an unlicensed broadcaster returns to the air with a replacement transmitter after a
seizure, the FCC may still pursue a forfeiture, seek an injunction, or institute criminal
proceedings, or any combination thereof.

Of all the enforcement tools at its disposal, the FCC is most likely to pursue monetary
forfeitures to force unlicensed radio stations off the air. Actually traveling to pirate radio stations
and seizing transmitters is a time and manpower-intensive effort that taps resources the FCC
does not have. Forfeitures have also recently gotten more severe: just a dozen years ago the
average fine for a first offense involving unlicensed broadcasting ranged between $750 and
$1,000;11 today the base fine begins at $10,000. However, the threat diminishes upon
demonstration of inability to pay, and the FCC regularly reduces or cancels fines when such
claims are made and proven.

Regardless of which tools are employed, the FCC’s enforcement process often stretches
out over the course of months or years from initial contact to final punishment. The agency
basically engages the unlicensed broadcaster in a long series of administrative correspondence
before any actual muscle is brought to bear to stop the violation itself. In some cases, this lengthy
enforcement process can afford unlicensed broadcasters the ability to muster community and
other support, empowering a defense of the station which can further extend not only the
enforcement process itself but the broadcaster’s overall time on the air. Of the several stations
that have engaged the FCC in the courts, most have managed to stay on the air until the issuance
of an injunction or other terminal judgment.

The instruments to ultimately enforce the FCC’s licensing authority reside outside the
FCC itself. It must resort to the Department of Justice to collect forfeitures and throw people in
jail, and it must persuade a district court judge to enjoin an unlicensed broadcaster. The DOJ’s
responsibilities to prosecute lawbreakers are vast but its time and resources are limited, and the
FCC is but one of several agencies that rely on the DOJ’s legal services. Pursuing injunctions
allows the FCC to keep the case under the control of its own counsel but they, too, have limited
means.

A. Real-World Constraints on FCC Enforcement

Not only is the FCC forced to rely on other agencies to provide its muscle, but its
resources in the field - those who identify and initiate enforcement cases - have never been very
strong on their own. Their lack of police powers limits their activities to observation and advice;
FCC field agents may suggest that a pirate go off the air, but unless they can bluff their way into
convincing the broadcaster to let them inspect and/or seize the transmitter, their initial contact
with an unlicensed radio station may have no effect at all.

Of the approximately 2,000 people directly employed by the FCC, about 315 are assigned
to the Enforcement Bureau.14 Over the course of the last ten years, at least one-third of the
Bureau’s staff has been based at the FCC’s headquarters in Washington, D.C.15 The
Enforcement Bureau itself comprises eight divisions, of which three are delegated to field
activity and divide the country into three regional jurisdictions. Within these three regions there
are a total of 25 field offices based in 19 states and Puerto Rico.16 As exact numbers are
unavailable, a crude division of labor based on the framework outlined above yields a coarse
average of four Enforcement Bureau field personnel for each state; this is more realistically
divided as eight employees per field office, concentrated among 19 states.

All field offices are not created equal. The FCC has three tiers of field presence: the
Regional, District, and Resident Agent office. Other Enforcement Bureau divisions may have
personnel based in field offices, but only certain qualified staff conduct field inspections. This
further limits the field inspection presence of each field office to a relative handful of agents; and
the smallest field outpost, the Resident Agent office, may only comprise one or two people to
begin with. It must be remembered that these people are responsible for enforcing the entire
gamut of FCC regulations, not just a prohibition on unlicensed broadcasting. Therefore, the
amount of time the FCC can actually devote to finding - much less prosecuting - unlicensed
broadcasting is quite small relative to other enforcement demands. As a result the FCC responds
to complaints about unlicensed broadcasters but does not actively hunt them down, unless the
violation is so high-profile as to not be safely ignored.

Much of the FCC’s organizational structure and sheer workload are often determined by
priorities outside its own purview. Partly a creature of politics, the FCC often focuses its
enforcement efforts on subjects in the news or on the minds of its prime constituents which, for
the most case, are the industries it regulates. This can lead to erratic enforcement with respect tounlicensed broadcasting. Ted Coopman, who interviewed several field employees of the FCC,
found that collective cognizance of pirate radio as an enforcement issue didn’t seem to exist in
the agency before 1995.19 Daniel Emrick, then chief of the agency’s enforcement arm, opined
that unlicensed broadcasting on the AM or FM bands was generally not worth prosecuting.20
Emrick’s attitude has some institutional precedent: six years previously, FCC officials claimed
they were “not at all concerned about sporadic pirates not causing actual harm” and viewed
instances of unlicensed broadcasting as individual aberrations.21 They differentiated the severity of the violation based on the band in which the broadcasts took place: shortwave was considered the most “dangerous” place to be a pirate because of the potential for interference with international broadcasters and military-band communications.22 Even so, enforcement efforts on the shortwave bands have been historically spotty at best, save for a major sweep in 1985 which involved 16 station raids in 12 states.

This trend changed in the 1990s as unlicensed FM broadcast activity increased
dramatically, inevitably bringing more cases to the attention of the FCC - but helpful nudges
from the broadcast industry certainly didn’t hurt. At its annual convention in 1998 the National
Association of Broadcasters held a panel discussion on pirate radio and organized a
neighborhood watch-style program whereby local broadcasters would scan their dials and report
unlicensed activity to the FCC.24 The result was remarkable: the number of documented
enforcement actions against unlicensed stations tripled that year,25 and the FCC was quite publicabout the crackdown and its catalyst.

Yet the FCC remains at the mercy of bureaucratic inertia. Perpetually understaffed and
underfunded, enforcement agents in the field have never been utilized to their maximum
potential. A 1978 report from the General Accounting Office examined the role of field agents in
the FCC and found that as new communications technologies have developed the agency’s
workload has increased, making for ever-busier field agents. There was also little centralized
direction or opportunity for feedback from the field about operational and regulatory
effectiveness.27 The GAO noted field personnel’s “austere” set of tools28 and summarized their
attitude toward their job as: “It is better to provide some enforcement service to more people thanto provide the best service to a limited number of people.”29 The report also noted that
enthusiasm within the ranks of U.S. Attorneys varied widely for pursuing communicationrelated cases, which led FCC field offices to tailor their enforcement activities based on the
receptiveness of their local DOJ colleagues.30 Not much has changed since 1978: as recently as
1999 FCC officials described the cooperation of U.S. Attorneys in enforcement cases as ranging
from “difficult to impossible.

This has significant impacts on the efficacy of the agency’s most favored enforcement
tool against unlicensed broadcasting - the monetary forfeiture. A report from FCC Inspector
General H. Walker Feaster III in 2000 analyzed the agency’s growing backlog of civil monetary
forfeiture cases and discovered successful collections on less than one-quarter of them, with
many going uncollected because the statute of limitations had lapsed. Feaster traced the problem
to a lack of coherent policy among the agency’s bureaus on matters involving forfeitures, as well
as institutional resistance from the Department of Justice to pursue such cases.32 Of those fines
turned over to the DOJ for collection, Barry Cole and Mal Oettinger found that most get settled
out of court for “about three-quarters” of the original amount; U.S. Attorneys do not like taking
chances with an FCC-inspired case in a “local court...unfamiliar with broadcasting regulation.”33
Informal audits of six field offices in 1999 found field agents hamstrung by 1970s-era
equipment and a lack of travel funds.34 Of those field offices that did get in on busting pirates,
“employees...spoke favorably of their experience and the constructive nature of the
work...However, such work appears to be the exception rather then the rule...”35 The resource and staffing problems appear to be getting worse for the Enforcement Bureau, which warned in 2002 that it could lose nearly half its field agents to retirement by 2006.

An overwhelming burden of responsibilities combined with inefficient organization, wide
latitude given to agents in the field, and the continued basic perception of pirate radio stations as
single-case short-term phenomena leaves the FCC with no overall grasp on the success of its
enforcement efforts against unlicensed broadcasting. This has become especially clear over the
last five years, during which Commissioners and high-level Enforcement Bureau staff have
spoken publicly on the issue of pirate radio. In a 1998 speech to the National Association of
Broadcasters’ Radio Convention, Chairman William Kennard claimed the agency shut down
more than 250 unlicensed radio stations: this was “more aggressive...than any FCC in history.”37
Two years later, the Enforcement Bureau reported silencing 180 unlicensed radio stations
between November 8, 1999 and November 7, 2000: “This is the highest number ever
achieved.”

The contradiction played itself out again in 2002, when Enforcement Bureau Deputy
Chief Linda Blair told Commissioners they had shut down 460 pirate stations in the last three
years when just three months prior the official tally was counted closer to 500.39 The truth may
never be known, because the FCC doesn’t appear to keep track, choosing instead to assert its
authority and frame its effectiveness with a degree of flexibility dependent on the political or
publicity conditions of the moment.

B. Engagement at the Administrative Level

In cases where an unlicensed broadcaster proffers formal challenge to the FCC, the courts
are more likely to discuss the merits of the challenge if the broadcaster has exhausted the
available administrative remedies, such as petitioning the reconsideration of an FCC order40 or
applying for a license waiver.41 The waiver option, however, is theoretical only, as the FCC
considers asking for a license waiver tantamount to asking for permission to broadcast without a
license.42 Failing to exhaust all available administrative appeals gives the courts a way to dismiss the case without having to fully consider its merits.

Finding documentation on cases of FCC enforcement is not an easy task, as the agency
can be quite selective about the information it releases. A limited number of cases involving
unlicensed broadcasting are archived in the FCC Record, FCC Reports, or Pike & Fischer’s
Radio (now Communications) Regulation. Further complicating matters, the tools used in
enforcement generate different sorts of paper trails. Cases involving forfeitures can usually be
traced to a published Notice of Apparent Liability and any petitions for reconsideration filed by
the unlicensed broadcaster. Station raids involving equipment seizures leave hardly any paper
trail at all, save the initial arrest warrant for the transmitter, which is not usually made public
unless the broadcaster challenges the action or the FCC issues a news release about the raid. As a
result, nearly all well-documented FCC administrative decisions involve forfeitures and/or
formal cease and desist orders, the latter usually related to a station raid or injunction effort. An
effect of the agency’s disorganization noted earlier is that its record keeping is generally
scattered and cumbersome to search, especially with cases that can stretch over several years.
The FCC’s problem with public information has been the subject of critical Congressional
inquiry, so this is not a problem unique to niche researchers.

To its credit, the FCC was an early adopter of the Internet among government agencies
and now makes a huge volume of data and records available through more than a dozen online
databases, some of them containing records dating as far back as 1996. However, these databases are also quite cumbersome to search, more properly designed for users who do daily business with the agency than for the casual inquisitor. They are also neither complete nor fully crossreferenced.

For the purposes of this section, our review of FCC administrative decisions is primarily
confined to cases within the last five to ten years. This is in part due to the difficulties of
document collection outlined above (the agency’s online databases provide a more thorough
record of the most recent cases). Additionally, the FCC has dealt with significantly more cases of
unlicensed broadcasting during this period of time than it has in any previous period. Since the
development of unlicensed broadcasting as an institutional issue for the FCC is also relatively
new, studying the cases during this period offers the chance to study the best-articulated
methodology yet developed by the agency for handling the pirate radio phenomenon.
In contrast to its actions in the field, the FCC’s administrative dispatch of unlicensed
broadcasting cases is relatively invariable. It follows very closely all statutorial guidelines for the
finding of fact and the determination of appropriate penalty. For the most part, once there are
findings of fact the momentum to carry the process through is sufficient enough to derail all
challenges except those involving mitigation of the pending punishment. Even more importantly,
there is no latitude given to any notion that the FCC’s licensing authority may be weakened or
invalid in particular cases; such rebuttals are either ignored or dismissed outright. It is actually a
rarity to find the FCC justifying itself in its administrative decisions. As the function of
administrative law is to expedite the function of regulation, the premise that the regulations are
valid is an obvious one.

The only instances where the FCC displays leniency are those where an unlicensed
broadcaster admits guilt and can demonstrate hardship to mitigate the punishment. There have
been several recent examples of this practice. Thomas Brothers, a college student in Berkley,
Michigan was fined $10,000 in June, 2002 for broadcasting on 88.3 MHz for several months
without a license.45 Brothers filed a petition for reconsideration admitting to the violation and
provided financial documentation proving his inability to pay the fine; by December the FCC
had rescinded it.46 Similarly, Jeffrey Alan Petrey of Princeton, West Virginia was threatened with a $10,000 fine on July 30, 2001 for broadcasting on the FM band without a license. Petrey
responded a week later with documentation regarding his inability to pay; the FCC canceled
proceedings in December.47 The Rev. Dr. Philius Nicholas received a $10,000 Notice of Apparent Liability in January, 2002 for operating an unlicensed FM radio station in Brooklyn, New York.

As the pastor of a small church, he explained he was trying to use the radio to evangelize; his
petition for reconsideration and three years’ worth of tax returns convinced the FCC to reduce
the fine to $1,000.49

The administrative decision process itself is usually so rigid beyond findings of fact that
arguments an unlicensed broadcaster might make in their own defense - whether thoughtful or
absurd - are swept aside with a sense of detachment. Variations in reasoning occur dependent on
how the enforcement process has played itself out to its present point (for example, whether
initial contacts between the station operator and field agents were cordial or confrontational), but
the operative reasoning behind all decisions boils down to: rules exist, they were broken, and
now a price must be paid. Edwin Valentin’s $5,000 fine serves as a good illustration: initially
visited in 1997 by field agents for operating “Musical Radio” in Detroit, Michigan, Valentin
responded to initial contact with constitutional questions about the FCC licensing scheme - not
with any particular argument other than that the need for a license interfered with his perceived
free speech rights. The FCC quickly rejected the challenge out of hand, noting Valentin had
never attempted to apply for a license, and formalized his forfeiture in 1998.

Valentin petitioned for review, and the FCC succinctly affirmed its original decision: “Rev. Valentin has not filed for (let alone received) a Commission license. He intentionally broke the law.”

Another Spanishspeaking
pirate in Detroit got similar treatment: in October, 1997 field agents found the location
of unlicensed FM broadcasts on 106.3 MHz and spoke with with Edwin Raices, who told them
the station was officially chartered with the state as a partnership and provided the
documentation to prove it. The FCC replied that a state corporate charter was no substitute for a
broadcast license and threatened a $5,000 fine in November. Raices responded claiming he
didn’t mean to break any rules, had not caused any interference, and decreased transmitter
power. The FCC disagreed on the claim of willfulness, termed the interference issue “irrelevant,”
and followed through on its forfeiture threat in 1998.

When agents attempted to inspect Mark H. Fulling’s unlicensed FM station in Garden
City, Kansas on August 26, 1998, Fulling did not allow it. The Kansas City field office followed
up with an $8,000 Notice of Apparent Liability one week later. Fulling acknowledged the
violation but disputed the penalty, citing the high quality of his transmitting equipment and lack
of demonstrable interference. The FCC was more than happy to make the forfeiture official in
April, 1999, interpreting Fulling’s response as little more than an admission of guilt.53 Fulling’s
informal appeal of the forfeiture charged the FCC with procedural violations in the
administration of his case. Things finally sorted out in March, 2000 when the FCC affirmed the
forfeiture. It based its decision on Fulling’s prior admission of guilt and also noted that it was
going out of its way to take the case this far, as Fulling’s response to the forfeiture had not been
properly filed as a petition for reconsideration.

An interesting subset of administrative challenges to the FCC has occurred in the last
decade involving “constitutionalists” or “state’s rights” advocates who come from a long history
of questioning the jurisdiction and authority of federal government agencies. Unfortunately, their
spirit of defiance does nothing for the futility of their gestures. Alan Leonard Brockway is a case
in point: fined $17,000 in 2001 for “willful and repeated” violations of the Communications
Act,55 he was hit with a larger penalty in part for refusing to allow agents to inspect his station.
Brockway’s initial petition for reconsideration was denied.56 In a second petition for review he
laid out an argument which the FCC, in another denial, called “nothing relevant to the issues in
this proceeding,” but which presumably had something to do with a challenge to the scope of
judicial and quasi-judicial power assumed by government agencies, as the Commission cites
Marbury v. Madison57 and Heiner v. Donnan58 as two of Brockway’s legal references.59
Richard I. Rowland’s challenge did not fare any better: issued a Notice of Apparent
Liability in October, 2000 for unlicensed FM broadcasts in Longwood, Florida, Rowland
responded with a demand for tax documents from the FCC as proof that it had the power to issue
fines against him. He also sent the Tampa field office “copies of state constitutions, the Magna
Carta, the Mayflower Compact, and his birth certificate.” The FCC was wholly unmoved and
issued a forfeiture notice in February, 2001.60 It finally secured a civil judgment to collect the
fine from a federal judge in Orlando in 2003.61

In Leander, Texas, Keith Perry broadcast satellite-fed programming via FM transmitter
from his home beginning in February, 1997. A complaint from the Texas Association of
Broadcasters got the FCC involved and a field inspection took place that March. The visit was
followed up by a Notice of Violation mailed to Perry. He replied with a refusal to shut down and
several counterclaims, such as,

[T]he FCC has no power to regulate FM broadcast stations operating with transmitter
power of less than 100 watts; Agents...trespassed on his property and illegally parked
their vehicle in front of his home; the FCC has no authority to inspect unlicensed stations;
Agent...had no authority to operate the transmitter while conducting his tests; the agents
slandered Keith Perry to the Leander Police Department; and insufficient postage was
placed on the warning letter.

After a trip back to Leander to confirm the continuing violation, the FCC initiated cease and
desist and forfeiture proceedings against Perry on April 6, 1998. He responded on May 1 with a
letter, later rejected by Administrative Law Judge Arthur I. Steinberg as too informal to
constitute a proper reply, but which stated a willingness to negotiate with the FCC provided
hearings be held in Austin.63 Perry also continued to challenge the FCC’s jurisdictional authority,
25
resting his case on a form letter he received as the result of a separate inquiry in April which
“purport[ed] to disclaim federal jurisdiction over all intrastate radio communications.”64 The FCC
declared these arguments untimely, defective, and moot, and moved ahead with a cease and
desist order and $11,000 fine in December, 1998.

It might even be said that such “constitutionalist” resistance brings down harsher
punishment. While criminal convictions and actual prison sentences for the crime of unlicensed
broadcasting are very rare, a significant proportion of them have involved such advocates. For
example, Mark A. Rabenold was first contacted by the FCC in August, 1997 for broadcasting on
105.1 MHz in Oroville, WA without a license. He refused to let agents inspect his station. The
FCC issued an Order to Show Cause and Notice of Opportunity for Hearing, the initial step
toward a cease and desist order, in 1998.65 In the proceedings which followed the FCC reports
Rabenold responded to its initial notice with a “COMMERCIAL AFFADAVIT,” in which he
said, in part: “Your papers were received, but not accepted, and are refused for cause without
dishonor and without recourse to me and returned herewith because they are irregular,
unauthorized, incomplete, and void process."66 Rabenold ignored the order and continued
broadcasts of “North Valley Radio” with five watts of power. A short time later he added a
second transmitter to service another town nearby. Armed with a cease-and-desist order, the FCC
pressed for contempt of court charges. In February, 2001, Rabenold was arrested and thrown in
the county jail; at a federal district court hearing he acted as his own attorney and disputed the
authority of both the FCC and the presiding judge, who sentenced him to six months unless he
agreed to turn off his radio stations.67 Rabenold languished behind bars for two months before
capitulating.

The weakness of the FCC’s field presence directly affects the administrative side of its
enforcement process. A good example of external pressures driving timely and effective
resolution of unlicensed broadcasting cases involves Lewis Arnold of Chewelah, Washington.
Armed with a one-watt transmitter on 95.3 MHz, Arnold did not consider himself a threat to
commercial stations in the area. Eric Carpenter, general manager of 1,000-watt KCVL-AM and
3,000-watt KCRK-FM in Colville, WA - some 20 miles distant from Chewelah - felt differently.
In a June 26, 1997 complaint to the Seattle, WA FCC field office, “Carpenter alleged that the
unauthorized station caused economic harm and interference to the reception of his station
[KCRK].”69 He followed up with a phone call a week and a half later that identified Arnold as the
station operator; the FCC shot off a warning letter. Field agents from Seattle then visited the
station in August. Arnold voluntarily allowed inspection and the agents repeated the prohibition
on broadcasting without a license. Three days after that visit, Carpenter wrote the FCC to let
them know Arnold was back on the air. He called Seattle on September 9 to follow up. Agents
finally traveled back to Chewelah in March, 1998 and confirmed Carpenter's complaints. The
FCC finally closed out the case in December, 1998 with a cease and desist order and $11,000
fine, which Arnold never bothered to challenge.70 Persistence pays off - in this case at the price of
a year and a half’s worth of patience.

Further illustration of the variability of the FCC’s enforcement mien can be found in the
case of Frank Bartholomew, who may be the only unlicensed broadcaster to be punished by the
FCC, but not for the primary act. Bartholomew was visited twice in October, 1997 by FCC
agents who monitored his low power FM station’s signal over a 288-square mile area in and
around Fredricksburg, Pennsylvania. On both occasions Bartholomew refused to identify himself
nor did he allow agents to inspect his transmitter. Bartholomew received a $17,000 Notice of
Apparent Liability in December. His response claimed that his transmissions were within legal
power limits. In May, 1998, the FCC rejected Bartholomew’s response and formalized his fine -
but only for $2,000. The forfeiture was meant to stress the seriousness of refusing the agents’
knock: “The Commission's authority to inspect radio facilities is a cornerstone of the FCC's
ability to ensure compliance with the Communications Act and FCC rules...Inspection is critical
to ensure that serious interference concerns, especially regarding safety of life matters, can be
resolved quickly.”71 The fact that in Bartholomew’s case these concerns did not exist (the FCC
produced no evidence suggesting interference was an issue) does not seem to matter. In reducing
the fine to $2,000, the FCC effectively punished Bartholomew not for broadcasting without a
license, but for refusing agents entry to inspect his station; that violation was, in the eyes of
Compliance Division Chief Pamela Harrison, the single one “we cannot ignore.

Finally, enforcement actions involving two stations in Naples, Florida highlight how the
FCC’s case-by-case approach to unlicensed broadcasting can undermine efficient policing of the
airwaves. They both involve Spanish-language broadcasters: the first was “Tropical Estereo
107.5FM,” which received a visit from FCC field agents on April 19, 2002. Its operator, Octavio
Sarmiento, told them he’d submitted an application for a low power FM station license just two
weeks earlier, although it was later discovered that he’d used the wrong form. The agents told
him unlicensed operation was illegal and advised him to shut down. They came back the
following day and heard the station again, taped its signal, and issued a Notice of Apparent
Liability for $10,000 in June. Sarmiento’s response demanded a bill of particulars from the FCC
about the evidence it had surrounding his continued broadcasts, supplemented with affidavits
from five station employees and 25 listeners who all claimed the station hadn’t been on the air
April 20. In closing, Sarmiento asked for a reduction in the size of the proposed forfeiture,
claiming to have been duped by a scam artist named Disonio Lombardi - from whom he was
“leasing” the station - into believing it was legal to operate.73 The FCC formalized Sarmiento’s
forfeiture in December, 2002, citing the tapes made by field agents as irrefutable evidence that
willful and repeated violation had occurred. It also picked apart his scam defense, noting his
erroneously-filed LPFM application belied his status as an ignorant victim.

There is, however, more to the scam scenario than meets the eye. The reason why the
FCC came back to Naples on April 20, 2002 - and caught Octavio Sarmiento, Jr. in the act again
- was because of complaints about broadcasts involving another pirate station, “Mission Posible
105.1 MHz.” This one was traced to the Tree of Life Church, where Richard Muñoz identified
himself to agents as the station’s operator. Muñoz initially shut the station down in the presence
of the FCC, only to start up again 10 days later. The following month, agents came back to
Naples and found “Mision Posible” back on the air. A Notice of Apparent Liability to Muñoz
followed in June.75 Muñoz’s response also painted him the victim of fraud: he “agreed to
purchase 50% of the radio station” from one Daniel Morisma in late 2001. Muñoz also claimed
that Morisma advised him not to worry about the FCC’s visits.76 The FCC followed through with
a monetary forfeiture, calling the loss of Muñoz’s $15,000 investment in the station
“unfortunate” but no excuse for breaking the law.77 After pleading poverty, the FCC reduced his
fine to $2,000.

What makes this case particularly interesting is that Octavio Sarmiento, in his own
defense, also mentioned dealings with Daniel Morisma. Sarmiento initially leased air time from
Morisma for “Tropical Estereo” on 105.1 MHz in December of 2001. Sarmiento further stated
that after he found out out Morisma had no license for the station he terminated the lease
agreement.79 Richard Muñoz appears to have been Morisma’s next victim. There is no record of
the FCC making the connection between these cases and investigating Morisma himself, who
was clearly the enabler for the unlicensed broadcasts in both (and probably more) instances. Nor
is there any record of investigation into Disonio Lombardi, who snared Octavio Sarmiento, Jr. a
second time with a very similar scam for “Tropical Estereo 107.5,” and who also probably had
other victims.

Although a quasi-regular administrative caseload involving unlicensed broadcasting is a
relatively recent development for the FCC, the agency’s had to deal with such cases throughout
its entire history. It has developed its ability to be so dismissive with administrative challenges
from unlicensed broadcasters thanks to the creative latitude of FCC field agents and federal
judges which have upheld their authority in the face of most challenges. Yet the FCC’s ability to
exercise its authority is fairly weak, due to the lack of time and resources available to enforce the
license requirement. The discrepancy between the administrative and judicial support for FCC
licensing authority and the agency’s ability to effectively exercise it creates a window of
opportunity that, despite evolutions in the law and political conditions, has sustained citizen
challenges to government licensing in the form of unlicensed broadcasting. These acts have
carved out spaces of autonomy throughout U.S. radio history where “the public” has acted on
sentiments of spectrum ownership.

29
Notes to Chapter 2
1. 47 U.S.C. § 510 (2000).
2. 47 U.S.C. § 501 (2000) sets the maximum criminal penalty for violations of the
Communications Act at one year of imprisonment.
3. 47 U.S.C. § 401(a) (2000).
4. 47 U.S.C. § 402(b) (2000).
5. 47 U.S.C. § 402(b)(7) (2000). This twist to the path for judicial challenges was added
as an amendment to the Communications Act in 1959. See Robert Sears McMahon, Federal
Regulation of the Radio and Television Broadcast Industry in the United States, 1927-1959 (New
York: Arno Press, 1979), p. 227.
6. 47 U.S.C. § 402(b)(1) (2000).
7. John R. Bittner, Broadcast Law and Regulation (Englewood Cliffs, NJ: Prentice-Hall,
Inc., 1982), p. 44.
8. The FCC’s field agents themselves have no police powers, and therefore cannot
execute warrants without the assistance of a peace officer. Any police agency will serve in a
pinch, provided the jurisdictional command agrees to release officers to the task of backing up
the FCC. For its part, the agency’s Enforcement Bureau claims, falsely, that its agents can ignore
the Fourth Amendment: see Q #3, FCC Enforcement Bureau, Inspection Fact Sheet, July 5, 2001
(August 9, 2003), http://www.fcc.gov/eb/inspect.html. The FCC has begun sending its field
agents for rudimentary police training at the Federal Law Enforcement Training Center in New
Mexico; see January 2003 Presentation by Bureau Chief David Solomon, January 15, 2003
(August 9, 2003), http://www.fcc.gov/eb/reports/Jan2003.html. In 1993 the Commission also
endowed its field agents with authority to issue administrative subpoenas in the course of
investigations, citing cases of unlicensed broadcasting as an impetus, but that authority is rarely
invoked. See In the Matter of Authority to Issue Subpoenas, 8 FCC Rcd 8763 (Fld. Op. Bur.
1993).
30
9. The FCC’s power to issue forfeitures derives from 47 U.S.C. § 503 (2000), which sets
the maximum fines for violations of the Communications Act. This enforcement tool was
endowed by an act of Congress in 1960 and expanded in 1978. For most of its history the agency
determined forfeiture amounts on a case-by-case basis but discovered this process was timeconsuming
and erratic. In 1991 the FCC issued its own directive refining the forfeiture process; it
established base fine amounts for violations to be adjusted upward or downward depending on
the severity and egregiousness of the specific case at hand. See Standards for Assessing
Forfeitures, 6 FCC Rcd 4695 (1991); pet. recon. denied, 7 FCC Rcd 5339 (1992). After further
tweaking in 1993 (8 FCC Rcd 6215 (1993)), the FCC’s forfeiture policy was vacated on
challenge by the D.C. Circuit Court of Appeals, primarily for failing to follow the proper
administrative procedures for major rule changes, like allowing adequate opportunity for public
comment: see United States Telephone Association v. FCC, 28 F.3d 1232 (D.C. Cir. 1994). The
policy was then rewritten in 1997: see In the Matter of The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
12 FCC Rcd 17087 (1997); pet. recon. denied, 15 FCC Rcd 303 (1999).
47 U.S.C. § 503(b)(2)(D) requires the FCC “to take into account the nature, circumstances,
extent, and gravity of the violation, and with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and other such matters as justice may require.”
10. Pursuant to 47 U.S.C. § 504(a) (2000).
11. Steven P. Phipps, “Unlicensed Broadcasting in the US: The Official Policy of the
FCC,” Journal of Broadcasting & Electronic Media 2 (Spring 1990): 138.
12. Ted Coopman, “FCC Enforcement Difficulties with Unlicensed Micro Radio,”
Journal of Broadcasting & Electronic Media 43, no. 4 (Fall 1999): 593.
13. This does not necessarily end an unlicensed broadcaster’s participation in pirate radio.
There have been two confirmed cases where persons silenced by an injunction returned to the
air: the first was Stephen Dunifer, who appeared on a microradio station set up in Seattle’s
Independent Media Center during the WTO protests of 1999, while his injunction was on appeal:
see Kevin Keyser, Free Radio: A Video Documentary (Independent release, 2000); video clip
available online at http://www.diymedia.net/video/real/wto.ram. The second was “Reckless,”
enjoined in 2000 as a broadcaster with Free Radio Austin. She participated in the “mosquito
fleet” of microbroadcasters that protested the National Association of Broadcasters’ annual radio
convention in 2002. See John Anderson, “Audio from the Mosquito Fleet,” DIYmedia.net,
September 29, 2002, http://www.diymedia.net/audio/mfaudio.htm. It should be noted that
whether Dunifer or Reckless actually deployed and/or operated transmitters at these events is
unknown.
14. See Appendix C, “Program Staffing Allocations,” FCC Fiscal Year 2004 Budget
Estimates, February, 2003, p. 75 (August 10, 2003),
http://www.fcc.gov/Reports/fcc2004budget_appendix_c.pdf. This number is unchanged from FY
2003.
15. Coopman, “FCC Enforcement Difficulties,” p. 591.
16. FCC Enforcement Bureau, Organizational Structure, July 31, 2003 (August 10,
2003), http://www.fcc.gov/eb/eb.pdf.
31
17. Of course, the actual geographic distribution of FCC field agents is not uniform: they
tend to congregate around the most urbanized areas of the U.S., where broadcast activity (and
other activity that falls within the agency’s purview) is highest.
18. Coopman, “FCC Enforcement Difficulties,” p. 585.
19. See Ted Coopman, “Conclusions,” Sailing the Spectrum from Pirates to Micro
Broadcasters: A Case Study of Micro Broadcasting in the San Francisco Bay Area, (San Jose,
CA: Unpublished master’s thesis, San Jose State University, 1995), online at Rogue
Communication (August 8, 2003), http://www.roguecom.com/rogueradio/conclusions.html.
20. Ted Coopman, “Hardware Handshake: Listserv forms Backbone of National Free
Radio Network,” American Communication Journal 3, no. 3 (2000) (August 9, 2003),
http://acjournal.org/holdings/vol3/Iss3/articles/ted_coopman.htm.
21. Phipps.
22. See Coopman, “Literature Review,” Sailing the Spectrum (August 8, 2003),
http://www.roguecom.com/rogueradio/litreview.html.
23. Andrew Yoder, Pirate Radio: The Incredible Saga of America’s Underground, Illegal
Broadcasters (Solana Beach, California: HighText Publications, 1996), p. 52-56. Yoder goes on
to note that by 1988-89, there were more shortwave pirates on the air than ever before.
24. Coopman, “FCC Enforcement Difficulties,” p. 583.
25. Anderson, “Enforcement Action Database,” DIYmedia.net,
http://www.diymedia.net/fccwatch/ead.htm.
26. Jesse Walker, Rebels on the Air: An Alternative History of Radio in America (New
York: New York University Press, 2001), p. 247-249.
27. General Accounting Office, The Role of Field Operations in the Federal
Communications Commission’s Regulatory Structure (Washington, D.C.: Government Printing
Office, August 18, 1978).
28. Id., p. 12-13.
29. Id., p. 17.
30. Id., p. 23.
31. Coopman, “FCC Enforcement Difficulties,” p. 592-593.
32. FCC Inspector General, Report on Audit of the Federal Communications Commission
(FCC) Civil Monetary Penalty Program, August 1, 2000 (December 1, 2003),
http://www.fcc.gov/Bureaus/Inspector_General/Reports/civilmonetary.pdf.
33. Barry Cole and Mal Oettinger, Reluctant Regulators: The FCC and the Broadcast
Audience (Reading, MA: Addison-Wesley Publishing Company, 1978), p. 100.
32
34. FCC Inspector General, FY 1999 Field Inspection Program – Summary Inspection
Report, January 21, 2000 (August 19, 2003),
http://www.fcc.gov/Bureaus/Inspector_General/Reports/fy99fieldinspection.pdf.
35. Id., p. 2.
36. FCC Enforcement Bureau, Year Two Progress Report, January 17, 2002 (February 5,
2004), http://www.fcc.gov/eb/reports/progpres.pdf, p. 3.
37. William Kennard, “Remarks to NAB Radio Convention, Seattle, Washington,
October 16, 1998” (December 14, 2003), http://www.fcc.gov/Speeches/Kennard/spwek832.txt.
38. FCC Enforcement Bureau, Year One Progress Report, November 2, 2001 (December
14, 2003), http://www.fcc.gov/eb/annual/yearone.html.
39. Anderson, “FCC Enforcement Bureau: Year Three Progress Report,” DIYmedia.net,
October 10, 2002, http://www.diymedia.net/audio/mp3fcceb02.htm.
40. Pursuant to 47 C.F.R. 1.106 (2002).
41. Pursuant to 47 C.F.R. 1.3 (2002).
42. Hippolito Cuevas, 13 FCC Rcd 25289 (Mass Med. Bur. 1998).
43. Walter A. Socolow, The Law of Radio Broadcasting (New York: Baker, Voorhis &
Co., 1939), p. 171.
44. See Committee on Government Operations, The FCC Public Reference Rooms Are a
Mess, H.R. Rep. No. 100-749 (1988).
45. In the Matter of Thomas A. Brothers, Berkley, Michigan, 17 FCC Rcd 10550 (Enf.
Bur. 2002).
46. In the Matter of Thomas A. Brothers, Berkley, Michigan, 17 FCC Rcd 26125 (Enf.
Bur. 2002).
47. Jeffrey Alan Petrey, 16 FCC Rcd. 22088 (Enf. Bur. 2001).
48. Rev. Dr. Philius Nicholas, 17 FCC Rcd 10530 (Enf. Bur. 2002).
49. Rev. Dr. Philius Nicholas, 17 FCC Rcd 23779 (Enf. Bur. 2002).
50. Edwin Valentin d/b/a Musical Radio, 13 FCC Rcd 5099 (Compl. & Inf. Bur. 1998).
51. Edwin Valentin d/b/a Musical Radio, 15 FCC Rcd 5255 (Enf. Bur. 2000) at 5256.
52. Edwin Raices Andres Rivera Regis d/b/a R & R Communications, 13 FCC Rcd 4656
(Comp. Inf. Bur. 1998); pet. recon. denied, 13 FCC Rcd 24210 (Comp. Inf. Bur. 1998).
53. Mark H. Fulling, Garden City, Kansas, 15 FCC Rcd 6020 (Enf. Bur. 2000).
33
54. Id. at 6021.
55. In the Matter of Alan-Leonard Brockway, Kalispell, Montana, 16 FCC Rcd 10937
(Enf. Bur. 2001).
56. In the Matter of Alan-Leonard Brockway, Kalispell, Montana, 16 FCC Rcd 13191
(Enf. Bur. 2001).
57. 5 U.S. 137 (1803).
58. 285 U.S. 312 (1932).
59. In the Matter of Alan-Leonard Brockway, Kalispell, Montana, 17 FCC Rcd 433 (Enf.
Bur. 2002).
60. In the Matter of Richard I. Rowland, Longwood, Florida, 16 FCC Rcd 2992 (Enf.
Bur. 2001).
61. See “Federal District Court Orders Civil Judgment Against Richard I. Rowland for
Unlicensed Radio Operation,” FCC news release #236551, issued July 15, 2003.
62. Keith Perry, FCC 98-062 (Comp. Inf. Bur. 1998).
63. Keith Perry, 14 FCC Rcd 1263 (Comp. Inf. Bur. 1998) at 1264.
64. Id.; The FCC said in its defense “that his question was misunderstood and answered
inaccurately.”
65. Mark A. Rabenold, Oroville, Washington, FCC-98-63 (Comp. Inf. Bur. 1998).
66. Mark A. Rabenold, 14 FCC Rcd 1261 (Comp. Inf. Bur. 1998).
67. John Craig, “Unlicensed radio stations' owner sent back to jail; six-month sentence
will be lifted when illegal stations taken off air,” Spokane Spokesman-Review, March 8, 2001, p.
B4.
68. Ron C. Judd, “A Tiny Town Shouts ‘Whoa!’ to Patriot Act,” Seattle Times, August
10, 2003, Fourth Edition, p. A1.
69. Lewis B. Arnold, 13 FCC Rcd 10618 (Comp. Inf. Bur. 1998).
70. Lewis B. Arnold, FCC-98-326 (Comp. Inf. Bur. 1998).
71. Frank J. Bartholomew, 13 FCC Rcd 13160 (Comp. Inf. Bur. 1998) at 13161.
72. Id.
73. Octavio Sarmiento, Jr., Naples, FL, 17 FCC Rcd 25277 (Enf. Bur. 2002).
74. Id. at 25281.
34
75. Richard Muñoz, 17 FCC Rcd 21132 (Enf. Bur. 2002).
76. Id. at 21133.
77. Id.
78. Richard Muñoz, 18 FCC Rcd. 6333 (Enf. Bur. 2003).
79. Octavio Sarmiento, Jr., supra not

Is Low Power FM (LPFM) Dead?

2010-04-21T22:37:00.001-06:00

From the folks at DIYmedia:

LPFM: Thanks For The Memories?

Much was made last year of the Local Community Radio Act's passage in the House of Representatives. But since then, no news: what's going on?

As you may have heard, most of the telecom-policy wonk-world is all agog with the FCC's promulgation of a National Broadband Plan. Some have felt, since Chairman Julius Jenachowski took the helm of the agency, that he'd be much more focused on "new" media than "old." This seems to be playing itself out to some degree.

However, to its credit, the FCC's hands are tied until Congress approves the Local Community Radio Act. This may be a bit more challenging than first thought; one report says a provision has been added to the Senate's version of the bill which would repeal (see bill version #2) the "Rosa Parks provision" of current LPFM rules - giving unlicensed broadcasters a shot at legitimacy provided they voluntarily cease their electronic civil disobedience.

The trade publicationRadio World cites this as proof "about the level to which some pro-LPFM groups have the ears of lawmakers." One might wish: pro-LPFM groups, because of their reformist goals, must publicly swear off condoning electronic civil disobedience; the fact that the Senate's considering bringing former radio pirates into the fold is more likely due to the FCC's impotence in stopping the promulgation of such stations.

While the Local Community Radio Act is now technically on-deck in the Senate's voting calendar, the disparate (and potentially controversial) language of the two bills may delay rectification in conference committee, which will delay getting the bill to President Obama's desk, which will ultimately delay the FCC's implementation of new statutory authority with regard to LPFM.

Even if all goes "well," I fear this may be a fight won 10 years too late. The primary reason: the promulgation of HD Radio. This technology not only effectively doubles the spectral footprint of every radio station currently on the air, but requires LPFM stations to accept new interference from FM-HD digital sidebands. Most critically, it was legalized at almost exactly the same time as the FCC was wrestling with its LPFM rulemaking.

The most poignant writing on this conundrum comes buried in a memorandum written by J.H. Snider, which was inexplicably filed as an attachment to ex-parte comments tendered in 2006 by the Alliance for Better Campaigns and New America Foundation in the FCC's digital radio rulemaking. Snider provided LPFM allies with incredible fodder to resist HD Radio through its potential destructiveness to LPFM. And he rightfully blames the "public interest" constituency in D.C. for missing this important development in radio spectrum policy:

Central to the political genius of the radio broadcasting lobbyists was their understanding of the limitations of the press and public interest community. They understood that the press and public interest community were both uninterested in technical details and technically illiterate. They were confident that they wouldn’t read the details and, if they did, wouldn’t understand their significance. This allowed broadcasters to provide a cover story (which might be called the “IBOC cover story”) that was a fundamental distortion of reality but would be accepted as reality.

Radio broadcast lobbyists also had a measure of luck, perhaps far more than they could have dreamed when they started lobbying for the digital radio transition in the early 1990s, about the same time that the broadcast digital TV transition got under way. During the period in the late 1990s and early 2000s when the key digital radio decisions were being made, the public interest community, and the press they educated, were focused on the low power FM debate. LPFM only required a tiny fraction of the FM spectrum whereas IBOC used up huge amounts of it. But low power FM was nevertheless a great issue for the grassroots driven public interest community because everyone understood FM, many individuals and organizations throughout America wanted to be their own FM broadcasters, and the time horizon for implementing LPFM suggested the closest thing you can get to immediate gratification in a spectrum policy proceeding. In the end, IBOC would get more than 95% of the white space between the FM channels but virtually no one in the public interest community would link the issues and alert the press.

And that is why I say, "thanks for the memories": by the time LPFM reaches a stage of relative "expansion," incumbent spectrum-occupants will have already sucked up enough space on the dial through digital means so as to make a second-coming of LPFM even less dramatic (and materially meaningful) than its debut. I still support and respect the efforts of LPFM advocates trying to make the Local Community Radio Act law; I just don't see much strategic value in this particular fight anymore.

KBFR's Wikipedia Article

2010-04-17T22:36:00.001-06:00

Did you know we have a Wikipedia article?

Right Here.

Oh yea.

Uneven Terrain: London Pirate Radio

2010-03-26T23:58:00.002-06:00

Great short piece (video) on pirate radio in London

http://thepiratesdilemma.com/the-tao-of-pirates/uneven-terrain-london-pirate-radio

Open Frequency Finder

2010-03-14T13:01:00.004-06:00

This handy little tool was designed for those people using in car iPod transmitters (totally legal) however, it's also a useful tool for finding open FM freqencies in your zip code.

http://radio-locator.com/cgi-bin/vacant

Just put in your zip and state and it gives you great/good/ok frequencies that are open in your area.

Quick "how to set up a pirate radio station"

2009-12-17T22:37:00.001-07:00

http://sites.google.com/site/monkkbfr/home

Did this a while ago and forgot about it. Nice little primer on setting up a station. (Thanks to ZT for reminding me).

Finally...

2009-12-17T22:35:00.000-07:00

House Passes Bill to Expand Community Radio Across the Country

Free Press Hails Victory for Diverse Voices

FOR IMMEDIATE RELEASE

Date: December 17, 2009
Contact: Liz Rose, 202-265-1490 x 32

WASHINGTON -- The U.S. House of Representatives voted on Wednesday to open the airwaves to hundreds of new Low Power FM radio stations across America. The Local Community Radio Act (HR 1147), introduced by Reps. Mike Doyle (D-Penn.) and Lee Terry (R-Neb.) and supported by more than 80 co-sponsors in the House, now awaits a vote by the full Senate.

Candace Clement, program coordinator at Free Press, made the following statement:

"Today’s House victory is an important step in the decade-long fight to build and diversify local radio. This legislation is about amplifying local voices and expanding a bottom-up, people-powered medium to counteract rampant media consolidation. Low Power FM stations provide new opportunities for independent and diverse voices on the airwaves and outlets for truly local information and perspectives.

"We commend Representatives Doyle and Terry for their hard work and leadership on this issue, as well as the Prometheus Radio Project and LPFM advocates across the country who have built a movement to bring better local radio to the American people. We look forward to Senate passage of this important legislation and to President Obama signing this bill into law."

Green Light Radio in Boulder.. on the air

2009-09-18T10:05:00.003-06:00

Well, looks like the GLR (Green Light Radio) guys are up and running at 95.3FM again.

The Boulder Daily Camera did an article on them today. Click Here to read it.

I applaud their approach (sort of Gandhian), but suspect they're still dealing with the slightly milder equivalent of the Nazi SS - which is how the Denver office of the FCC's field enforcement agents tend to act. (here in 'another state'... we don't seem to even HAVE FCC agents.. but then, we're in the middle nowhere nowadays).

I wish these guys luck. And I have to say: Be careful of talking to the press. The Boulder Daily Camera, although representing a liberal town, is NOT a liberal paper. It's owned by some sneaky right wing bastards and it shows. Note the ending of the story... they quote one of the pirates:

"Fear distracts you from your ultimate goal," he says. "If you define yourself in opposition to something, you're not defining yourself, period."

Than add, as the last statement:

Yet still, he hides.

Nice little pen-knife in the ball sack there girl...

A rare DOUBLE Pirate bust in Boulder, CO

2009-05-30T12:18:00.002-06:00

I heard from my friends in Colorado that the two (yes, two.. apparently there have been two Pirate Radio stations operating in Boulder the last several months) that the FCC shut them both down.

First: Impressive for a town the size of Boulder to actually HAVE two stations.

Second: I think that's a first (2 pirate stations busted in one night in one town). I could be wrong, but I suspect it's a first.

When I hear more I'll post it here.

How to create your own pirate radio station: The short form.

2009-05-25T16:12:00.000-06:00

o How to create your own pirate radio station: the short form:

http://monk.kbfr.googlepages.com/home

The Future of Radio?

2009-05-22T00:56:00.003-06:00

Great post from Jerry Del Colliano's Inside Music Media blog. I think he's got a very interesting take on the future of radio.

The blog is here.

Full text of the post below:
=================================================================
In the past, radio was the best and only way to get "immediate" or at least timely information about world news. There was no CNN. No email to communicate with loved ones. Radio was a lifeline.

Today, radio is defined by ...

Scaled down workforces.

"Local" programming from out of town -- out of state and across the nation.

"Local" news from regional newsrooms to save money.

"Local" decisions made by corporate officers somewhere else.

No Internet strategy.

No mobile content plan.

No fun. No focus. No future.

That's radio today as consolidators are changing the face of broadcasting to suit their needs -- shrink the business so they can remain in business.

But it is my view that what is expedient for consolidators who currently are in over their heads with debt, is not the best thing for their companies and the industry if radio is to find a place in the digital future.

A week hardly goes by as we hear of another new misguided plan to make it easier and cheaper to run radio.

But today, I'd like to share some thoughts of what radio can morph into -- with the right leadership, commitment and vision. If you're like me, you'll consider the possibility and wish you could oust the rascals who are hunkering down instead of ramping up.

So, here we go:

1. The radio station that I envision is local. Because technology now allows radio to be broadcast from very efficient spaces, the operator of the future will open satellite offices (sorry about that word) in and around the service area. Oh, I have replaced "listening area" with "service area" because in the future a successful radio operator will service their community in many ways beyond the terrestrial signal. We'll look back on the past as being primitive when we limited ourselves to where we stored our broadcasting equipment. Of course, technology also allows broadcasters of the future to work out of a single room in a far away place, but that strategy fails to take into account the need to have direct contact with your audience.

2. A local executive manages several streams of income simultaneously. The existing terrestrial signal, any Internet streams separate and apart from the terrestrial stream, numerous mobile initiatives, an "app" division, digital publishing, music discovery, at least 50 podcast franchises just to whet your appetite.

3. The operations manager (also local) coordinates all the content and scheduling. If there are 50 podcasts a day, five days a week -- he/she coordinates studio and production time. Some content providers will be working from home. Whereas now, everything in a radio station has to do with putting out the terrestrial signal (increasingly imported from elsewhere), the ops manager of the future will balance all content all the time.

4. Account execs will morph into service reps who are trained -- there, I said it, trained -- to sell the differences and benefits of packaging various forms of digital media. They will be very professional and will look to provide ways to support local advertisers as they step into the digital beyond. In my vision, the local manager would never pressure the local "sales" manager to fax out specials to boost income by the end of the week. Instead, they would be encouraged to sell digital solutions as they develop for long-term, in-person relationships.

5. This hub then becomes a social network hybrid. If it is installed at an all-news station, for example, then everything this venture does is brought together in a real, live dialogue with people. When they want news, they go to the new social network. When they want to talk about the news, they access the network. Report news? Yes. Ask questions? Of course. Post video and pictures...now you're getting the idea.

6. Podcasting development is on my front burner. Even before five years comes and goes, I see operators with at least 50 podcasts that are not amateur shows, but moneymaking franchises. (By the way, one of my clients launches in a few weeks with such a franchise). Imagine, if you will, 50 moneymaking morning shows. In order to accomplish this, you can't be doing radio programming on a podcast. It's a different animal. Takes some learning. And you'll be doing it for chump change if you don't learn how to build a franchise through ancillary forms of income. Oh, did I mention -- I'm taking away all recorded commercials no matter how much money is offered to stick them in my podcast listeners' ears. You do the math -- 50 "morning-type" podcasts times lots of money streaming into your coffers.

7. And what of terrestrial radio? You don't need to wait five years to see how few people actually need to have you broadcast to them. In the future, they will be the program director. To temp them into listening, the terrestrial radio station is broken into 30 minutes segments -- different programming that is not -- I emphasize not -- going to be rerun or made available online. Now, a lot of radio people are having heart attacks when I say 30 minute segments but in my world you will want to train listeners to point their addiction at you over the air with content they can't get elsewhere. By these standards, most existing terrestrial stations should just pull the plug. But, if I'm competing against lost consolidators, I'll let them pleasure themselves by broadcasting to a world that needs to tune-in for something unique. Music alone is not unique. That's why we have iPods.

8. Broadcasters think Internet streams are terrestrial radio stations on the cheap. Not in my view. My music discovery stream has no licensed music on it. It is local -- featuring local artists and intelligent people talking about the music, genre and artists. But I also envision a news/talk stream that has programs as short as five minutes and as long as 45 minutes, on various topics by various experts who have earned the right to be speaking. In a day, 100 different "shows". I'd employ my podcasting standard of "not sounding like radio". The stream would be so rich, it would be addictive. On weekends, no reruns. No syndication ever. No radio stuffed into an Internet streaming format. My God, no recorded commercials no matter how much money I have to turn down.

9. My station of the future would also enter digital publishing with music, video and text onboard. Not a newspaper or present day newspaper website operation -- they aren't going to be around in five years. But a part of the social networking hub that will allow specialty publishing to thrive. I'm seeing a subscription model. Two years ago I couldn't imagine anyone paying for content on the Internet. Lately I have come to believe that we must accept that the Internet is a delivery system. That content must be addictive and compelling. And if it is, people will subscribe at a fair price. Advertising will not be banner ads -- they are as ineffective as 30-second radio spots in a six-minute stop set. If you own, Indianapolis Newsbeat -- you'll crave new technologies to expand the franchise.

Presently, we look at the radio format as the ultimate destination.

It is not.

What we will do in the future is aggregate content around brands that we either currently own or seek to own in the future. Terrestrial broadcasting (revised as I have suggested above) is only a part of the "radio station" revenue stream which in essence is no longer "radio" but multi-functioning content powered by social networking.

I could be wrong.

But I don't think the radio we are broadcasting today can be a growth business in the near future. In fact I know it when it comes to Millennials. They have moved on.

Therefore to let them go without engaging them where they live leaves you with the stuff the Museum of Radio & Television is made of -- yesterday's accomplishments not tomorrow's successes.

This all can't happen soon enough for me because I know in my mind and in my heart that talented radio people (managers, sales managers, programmers, talent, sales people, support personnel, tech types and others) are exactly the ones to reinvigorate this vision of "radio".

I have a friend -- a station owner -- who loves the concept but is constantly crying about how much money he is losing so he can't invest in the future. Of course, that means he'll succeed at losing more money.

And it may not be radio owners or top executives who can bring themselves to this very different interpretation of radio's future.

Could be entrepreneurs -- young folks, doing it all without the terrestrial signal. Still, current radio station owners who have station brands have a huge advantage.

But they also have a big disadvantage -- no guts.

Kids have guts. They eat peanut butter. Haven't had their families yet. They've got everything to gain. Less to lose.

One of the reasons I am a firm believer in content providers as opposed to traditional broadcasters is because sociology and technology are now colliding constantly. Fifty years ago they thought radio would be around forever. Now, we're wondering.

This is Memorial Day Weekend.

The White House Commission of Remembrance for this heroes holiday went to every radio station, every consolidator --you name them -- and asked for one minute of time.

"Americans wherever they are at 3 p.m., local time, on Memorial Day to pause in an act of national unity (duration: one minute).The time 3 p.m. was chosen because it is the time when most Americans are enjoying their freedoms on the national holiday. The Moment is an act of national unity in which all Americans, alone or with family and friends, honor those who died for our freedom."

The Commission wrote.

Emailed.

And received not one response.

Nothing.

Not one.

Apparently a lot of radio executives running their own show their own way these days need to stand by the white markers at Arlington National Cemetery and rethink why their stations exist.

Memorial Day.

It's more than the "500 Greatest Hits of All Time" or the "History of Rock and Roll".

Once again radio's silence is deafening.

So, I thought I'd throw these ideas in the form of a strategic planning "grenade" to shake the industry awake.

Radio is declining not simply because of new technology and not only because the next generation is wired like no one that preceded it.

But because broadcasters have lost their way.

They saw themselves as station operators, then cluster managers and group consolidators and while they were busy playing monopoly they forgot the audience.

This Memorial Day as I remember my father who fought in Europe during World War II for four years in a row without one visit home to the states, you may be remembering your loved ones as well who fought in Korea, Vietnam, the Gulf War, Afghanistan, Iraq or wherever.

When we lose touch we die.

The same is true of radio.

FCC is insisting it can search your house WITHOUT A WARRENT

2009-05-20T23:40:00.003-06:00

From Wired Magazines 'Threat Level" column:

Threat Level Privacy, Crime and Security Online
FCC’s Warrantless Household Searches Alarm Experts

* By Ryan Singel Email Author
* May 21, 2009 |

You may not know it, but if you have a wireless router, a cordless phone, remote car-door opener, baby monitor or cellphone in your house, the FCC claims the right to enter your home without a warrant at any time of the day or night in order to inspect it.

That’s the upshot of the rules the agency has followed for years to monitor licensed television and radio stations, and to crack down on pirate radio broadcasters. And the commission maintains the same policy applies to any licensed or unlicensed radio-frequency device.

“Anything using RF energy — we have the right to inspect it to make sure it is not causing interference,” says FCC spokesman David Fiske. That includes devices like Wi-Fi routers that use unlicensed spectrum, Fiske says.

The FCC claims it derives its warrantless search power from the Communications Act of 1934, though the constitutionality of the claim has gone untested in the courts. That’s largely because the FCC had little to do with average citizens for most of the last 75 years, when home transmitters were largely reserved to ham-radio operators and CB-radio aficionados. But in 2009, nearly every household in the United States has multiple devices that use radio waves and fall under the FCC’s purview, making the commission’s claimed authority ripe for a court challenge.

“It is a major stretch beyond case law to assert that authority with respect to a private home, which is at the heart of the Fourth Amendment’s protection against unreasonable search and seizure,” says Electronic Frontier Foundation lawyer Lee Tien. “When it is a private home and when you are talking about an over-powered Wi-Fi antenna — the idea they could just go in is honestly quite bizarre.”

The rules came to attention this month when an FCC agent investigating a pirate radio station in Boulder, Colorado, left a copy of a 2005 FCC inspection policy on the door of a residence hosting the unlicensed 100-watt transmitter. “Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection,” the statement says.

The notice spooked those running “Boulder Free Radio,” who thought it was just tough talk intended to scare them into shutting down, according to one of the station’s leaders, who spoke to Wired.com on condition of anonymity. “This is an intimidation thing,” he said. “Most people aren’t that dedicated to the cause. I’m not going to let them into my house.”

But refusing the FCC admittance can carry a harsh financial penalty. In a 2007 case, a Corpus Christi, Texas, man got a visit from the FCC’s direction-finders after rebroadcasting an AM radio station through a CB radio in his home. An FCC agent tracked the signal to his house and asked to see the equipment; Donald Winton refused to let him in, but did turn off the radio. Winton was later fined $7,000 for refusing entry to the officer. The fine was reduced to $225 after he proved he had little income.

Administrative search powers are not rare, at least as directed against businesses — fire-safety, food and workplace-safety regulators generally don’t need warrants to enter a business. And despite the broad power, the FCC agents aren’t cops, says Fiske. “The only right they have is to inspect the equipment,” Fiske says. “If they want to seize, they have to work with the U.S. Attorney’s office.”

But if inspectors should notice evidence of unrelated criminal behavior — say, a marijuana plant or an unregistered gun — a Supreme Court decision suggests the search can be used against the resident. In the 1987 case New York v. Burger, two police officers performed a warrantless, administrative search of one Joseph Burger’s automobile junkyard. When he couldn’t produce the proper paperwork, the officers searched the grounds and found stolen vehicles, which they used to prosecute him. The Supreme Court held the search to be legal.

In the meantime, pirate radio stations are adapting to the FCC’s warrantless search power by dividing up a station’s operations. For instance, Boulder Free Radio consists of an online radio station operated by DJs from a remote studio. Miles away, a small computer streams the online station and feeds it to the transmitter. Once the FCC comes and leaves a notice on the door, the transmitter is moved to another location before the agent returns.

Pirates of the World

2009-03-17T00:26:00.000-06:00

Remember the Van?

2009-01-11T13:45:00.000-07:00

Well, Here's a picture of it. :)

And more from the new KBFR guy

2008-12-13T17:23:00.003-07:00

Followup with the guy who took over KBFR (or more accurately.. 'pirated' the dormant name and logo of the original station).. From WestWord.

Pirating the old name and logo.. ballsy.. and so appropriate.

THAT's the spirit!

Westword story on KBFR

2008-12-13T10:29:00.003-07:00

Nicely done Michael Roberts!

Roberts, a reporter at Westword, did a write up on KBFR that just shines.

It's exactly the kind of article the Boulder Daily Camera could have written, but didn't. They wrote a trash piece and called the FCC.

Alternative media always seems to get it better than mainstream media.

I have to wonder why Boulder's weekly (the appropriately named The Boulder Weekly) hasn't done a story. Maybe soon.

KBFR on the Web!

2008-11-14T23:19:00.002-07:00

KBFR is online!

Check it out.

KBFR, again

2008-11-02T15:16:00.005-07:00

I don't live in Boulder anymore (I'm a couple of states away) but it looks like someone pirated (heh) the old KBFR logo and name and is running a station in Boulder again.

A friend sent me this link to the local newspaper story.

I have to wonder about the reporter though. There was a time when the local newspaper would do things to help the local community. Supporting a pirate radio station that created some interesting diversity in town would be a nice thing for the local newspaper to do, don't you think?

It looks to me like the reporter either doesn't think that and is working in the interest of main stream media only, or he's not very bright. His name is John Aguilar and he is, apparently, the 'police and courts' reporter. Why the guy on the cop beat is doing a story on Pirate Radio I have no clue.

Normally, you'd write a piece on a station like this and you'd talk to people and the radio people involved and you'd put the story out there. The kind of story The Boulder Weekly would do, for instance.

This reporter actually called the FCC for comment. (no return call yet.. doh). Good god man.. what were you thinking? Either you wanted to screw with these new KBFR guys, or you're just stupid.

AND he called the local Clear Channel dickhead (Scott Arbough- KBCO program director) for his opinion. This is the guy that originally called the FCC on KBFR back in 2000 and complained, causing the first shutdown of the station. Asshole.

Apparently Scott also thinks it's hurting artists because 'they don't pay fees'.

Actually, no one in the US Radio market pays artists fees. They claim it's 'promotion' and don't have to (although the rest of the world DOES do it).

US radio stations pay a tiny bit (a small percentage of a penny) to the writers... but nothing to the artists. Guys like Scott are worse than the Republicans when it comes to bending the truth and when it suites them, outright lies.

Scott will call the FCC and complain, again. You can bet on it. Since he works for Clear Channel (the FCC's 'customer'... and hence, boss) the FCC will respond. Most likely soon.

So KBFR-reborn will have a half life of a few weeks. Maybe.

It's too bad really. We need more local community oriented radio, not pre-programmed pap from corporate giants. Here in Iowa, there are some pretty good local stations, but still alot of crappy Clear Channel stuff stuff as well.

The FCC was supposed to make sure THE PEOPLE had full and fair use of the natural resource of the radio waves. Instead, they've sold it off to the highest bidder to sell more shit to a society that defines itself by it's possessions. Pitiful.

Someday, maybe, The People will figure out they can do things like what KBFR is and take it back. If enough people do it, the FCC will have to deal with it.

They started with LPFM (Low Power FM) but Clear Channel, the NAB, NPR and some other incumbents managed to kill it off. See this story:

http://archive.boulderweekly.com/090601/coverstory.html

It makes me sad that even Boulder, once a town that embraced diversity and even weirdness, is becoming just another rich white 'I've got mine' enclave of elite assholes driving their Prius's and Scooters and $3000 titanium bikes to the rock climbing gym and then to Vic's for coffee and discussion on how their eco-friendly investment portfolio is doing.

Even Boulder, once a truly special place, has gone to the dogs.

I'm glad I left.

Hmmm.... who IS this?

2008-09-05T16:08:00.000-06:00

From the Brighter Fusion Blog:

Boulder Free Radio lives on!

Categories: Personal |

Today I was thrilled to stumble across what appears to be a reincarnation of the local pirate radio station which went off the air in 2006.

It was at 93.9 (I believe), and it was playing some very German sounding techno/new wave stuff until it wasn’t anymore…a pirate identification and then just static.

According to the KBFR wiki page:

The original founder of KBFR, Monk, who recently moved out of the state, decided to leave all the equipment accumulated by the KBFR/Boulder Free Radio collective during its operations (2000-2005) to a new generation of underground radio enthusiasts. They can be found on several frequencies including 103.9, 102.7, 95.3 and at least 6 others. They often broadcast from parties, raves and cultural events.

As of 2008 a new group of Boulder pirates has emerged under the call letters KGLR (green light radio). They have taken the reins from Monk and presented a whole new station on 95.3 fm in Boulder, CO.

Pump up the volume…

Another one bites the dust

2008-09-04T21:05:00.002-06:00

Rock radio KCUV closes doors.
The Denver Post
Article Last Updated: 09/04/2008 01:09:48 AM MDT

The owners of KCUV (102.3 FM), billed as "Colorado's Unique Voice," pulled the plug Sunday, marking the demise after five years of a local independent, progressive rock radio outlet in the competitive world of corporately owned, cookie-cutter radio programming. The company is now simulcasting KJAC "Jack" (105.5 FM) on the frequency. The station didn't have a huge fan base, but those who did listen were intensely loyal.

Sad and pitiful. We are becoming a McRadio society and the masses, it seems, don't really care.

KGLR gone (?)

2008-09-04T14:55:00.002-06:00

Well, it seems there was some consternation among the KGLR crew and they've disappeared. Nothing on the airwaves for a couple of weeks now.

This is, I think, the biggest hurdle for radio pirates. How you're set up has alot to do with how effective you can be.

Doing pirate radio is, by nature, an act of passion, defiance and to a degree love. You've got to love it to do it because there just isn't alot of upside.

I wish the KGLR folks luck and hope they come back someday soon.

Public Radio in Boulder Screws it's listeners

2008-07-19T19:22:00.006-06:00

I'm tempted to say 'again' considering Colorado's NPR conglomerate.

Apparently, the classical music listeners in Boulder don't much matter to Colorado Public Radio. From today's Boulder Daily Camera Newspaper:

At 10 a.m. July 9, Carla Selby turned the dial on her radio to 88.1 FM and heard... nothing.

For weeks, she’d heard announcers on her favorite radio station, KVOD classical music, warn listeners that the station was moving down the dial from its longtime home at 90.1 FM. But she never once heard that Boulder residents would likely lose their reception.

What we need is a pirate radio station that plays classical music during the day, and free form whatever the hell they want at night and on weekends. If Colorado Public Radio won't do it, maybe underground community radio will.

NPR and the local version (CPR) look out for one thing: Themselves. It's a business, nothing more. Nothing wrong with that, if you're a business. CPR is supposed to be a non-profit public service.

Bullshit.

The reality of FCC enforcement

2008-06-12T00:07:00.003-06:00

Here's a break down of FCC actions over the last 5 or so years (thanks DIYMedia.net)

So, what does this mean? Close to 80% of all FCC actions are postal -a letter saying: cut it out- or visits (call them warnings). Only 1.5% had an arrest or conviction associated with then. And an arrest isn't a conviction. I'm better the actual 'conviction' rate is less than 1%.

So, the reality is: being a radio pirate is relatively low risk if you don't let the 'warnings' actually scare you out of taking back your airwaves.

NPR is evil

2008-05-02T21:18:00.002-06:00

Yea.. evil. Really fucking evil.

NPR should be considered as deadly to local media and localization of news and content as Clear Channel.

If you give them money, stop. Now. Give it to your local KGNU like community station or Pirate Radio station, or bike coop, or, hell anything with some local focus. These guys are a bunch of old jackasses trying to protect and expand there 'franchise', just like any other business.

These bastards teamed up with the NAB (yea.. THAT NAB...) to shut down Low Power FM (LPFM) in 2000 by buying off a couple of weak senators. They're at it again: From Ars Technica:

National Public Radio continues to move aggressively against Federal Communications Commission proposals that would, if not allow nonprofits to build more Low Power FM stations (LPFM), at least let existing ones survive the intrusion of new full power neighbors. NPR is quite plain about the matter in its FCC filings: it stands opposed to the Low Power exceptions, even though they might help keep FM offerings diverse. NPR charges that the FCC is putting feel-good policies ahead of the laws of physics.
"The laws of physics have not changed, and a system of full power broadcast stations serves many more listeners with less interference compared to low power broadcasting," NPR told the FCC this month. "While LPFM stations may advance the interests of localism and diversity, the Commission cannot assume that LPFM is inherently better than full power service."

NPR opposes proposals to strengthen rules allowing LPFMs to obtain channel interference waivers when an "encroaching" full power station arrives on the scene. And the broadcaster decidedly dislikes measures that would require new full power signals to offer technical and even financial help to an LPFM that they've suddenly squatted on (or squatted next to).
This is a serious issue, because over the last decade the NPR service has expanded from 635 to 800 affiliated stations. Public radio's stance on this puts it at odds with practically every media reform group in the country.

Click on the title of this blog post to go to the full story.

NPR: the evil within.

The slow bleeding death of commercial FM radio

2008-04-18T17:05:00.003-06:00

Just got this juicy tidbit from my buddy Sparky:

Providing a blunt counterpoint to the optimism expressed by commercial radio leaders during the NAB Show this week, the latest U.S. radio revenue numbers are out.

Revenue in March was off 8 percent compared to a year ago — and that’s including a healthy 18% growth in non-spot revenue.

According to the Radio Advertising Bureau, local revenue (the biggest piece of radio’s revenue pie) fell 8%, while national was down a stomach-churning 17%. So if you set aside income from non-spot offerings, radio’s performance in March was –10%.

RAB didn’t post a quarterly total but overall revenue was down 6% and 2% in January and February respectively, as reported earlier, and the industry was down 2% for all of 2007.

What's it mean? Means you guys aren't listening to the radio anymore.

Notice how everyone is playing either country or classic rock? Yea.. that's because it's for the over 40 demographic. That's the only group that listen to radio anymore.

And the reason? Radio sucks. No new music, nothing cutting edge anywhere (other than the occassional community station: rare, or college station: more rare). Both usually hard to get with small footprints.

The answer? MORE PIRATE RADIO! Yea. we need more pirate radio. Incredibly, there is even LESS open airspace on the FM dial than there was when I was doing KBFR back in the early 2000's. Why? No one's listening for frak sake. Most likely, I guess, if they figure they can cover every decimal of FM space, they'll get the few people left listening.

What's next? Value of these stations, just like the value of newspapers, will start to drop. Within a few year, they'll be a fraction of what they're worth today. At some point, they'll be cheap enough that creative people just might buy a few up and start creating cool radio worth listening to again.

At least, we can hope.

In the meantime, where's my internet streaming station and my iPod..... keep misplacing that damn iPod.

And more!

2008-04-14T00:59:00.003-06:00

Well, something's up for sure. First KGLO... then I get this emailed to me:

http://boulderfreeradio.googlepages.com/home

Someone's taking up the old KBFR mantel now it seems.

Right now, no one's talking (to me) but I welcome any email updates or announcements you'd like me to put on my blog. Just email me at: monk.kbfr@gmail.com

Calling KGLO... Come in KGLO....

2008-04-11T23:14:00.004-06:00

To the guy who emailed me from KGLO (with the initials AD)... I did indeed get your email, but when I respond, it bounces.

That service you use is super restrictive, super secure and exclusive of (i.e. not friendly to) people not on it. Like me.

You've got my email.

One thought: get a gmail account. Gmail works really well--and securely, just put https://gmail.com in instead of http://gmail.com - Adding that s o the http encrypts everything between you and the servers.

m

Boulder's new Pirate! KGLO

2008-04-05T00:01:00.003-06:00

Well shit! Someone's taken over 95.3FM in Boulder!

KGLO... 95.3 FM

This is a real pirate. I'm listening to slam poetry spoken to the guy while he plays hard guitar (pretty well). Poetic Terrorism seems to be the subject.

WOOT!

They even apologized for commandeering the airwaves from the old KBFR crew, but felt 'forced' to do it, as brothers (no shit!) to fight the corporate media.

It's a riot! STRONG signal. I'm pretty impressed actually. This guy (these guys?) take it seriously.

Looking forward to some real pirate action from these guys. MOST cool.

Come yell at the Law Firm that's doing the RIAA's dirty work APRIL 9TH at CU

2008-04-02T14:52:00.002-06:00

The War on "Piracy": A Fight for Industry Survival or a Failed Approach?

@ Cofrin Auditorium, ATLAS Building, University of Colorado
April 9, 2008, 5:30pm

Please join us for a panel discussion between attorneys from Holme Roberts & Owen and the Electronic Frontier Foundation. HRO is a Denver-based law firm that represents record companies in their attempts to stem online music copyright infringement, including actions targeting individual university students. The EFF is a nonprofit organization that frequently questions the RIAA's tactics and opposes it in court.

In the nine years following the development of Napster, the music industry has changed dramatically. To match the new methods of downloading music illegally, there are new means of detecting such activity and new legal ramifications. The ethics of downloading music illegally and who should be responsible for such activity continue to be debated. This debate relates to the broader question of whether the music industry's business model-i.e., charging for the distribution of music-faces an existential threat not merely from piracy, but the proliferation of artists willing to share their music for free.

Whether or not individuals can justify downloading copyrighted music from peer-to-peer networks or other outlets, the fact remains that this conduct is illegal. To underscore that message, the Recording Industry of America (RIAA) has brought thousands of lawsuits against individuals who have violated the copyright law, seeking to invoke the substantial damage remedies available under that statute. At the same time, organizations like the Electronic Frontier Foundation (EFF) have suggested that the advent of file sharing cannot be stopped by litigation and that the focus should be on finding alternative ways for artists to make money.

To address the issues at the heart of the debate over digital piracy and its impact on the recording industry, Silicon Flatirons will host a panel discussion, featuring attorneys from the EFF as well as from the RIAA's outside counsel (the Denver-based law firm, Holme Roberts & Owen). Over the course of the discussion, the participants, along with moderator Paul Ohm, will discuss the ethics behind downloading music illegally, the soundness of copyright law in general and its application to digital content in particular, the appropriateness of the lawsuits brought by the RIAA, and the fate of the music industry.

A reception will follow.

Featured participants include:

Fred von Lohmann

Fred von Lohmann is a senior staff attorney with the Electronic Frontier Foundation, specializing in intellectual property matters. In that role, he has represented programmers, technology innovators, and individuals in a variety of copyright and trademark litigation, including MGM v. Grokster, decided by the Supreme Court in 2005. He is also involved in EFF's efforts to educate policy-makers regarding the proper balance between intellectual property protection and the public interest in fair use, free expression, and innovation. Before joining EFF, Fred was a visiting researcher with the Berkeley Center for Law and Technology and an associate with the international law firm of Morrison & Foerster LLP. He has appeared on CNN, CNBC, ABC's Good Morning America, and Fox News O'Reilly Factor and has been widely quoted in a variety of national publications. Fred has an A.B. from Stanford University and a J.D. from Stanford Law School.

Cindy Cohn

Cindy Cohn is the Legal Director for the Electronic Frontier Foundation as well as its General Counsel. She is responsible for overseeing the EFF's overall legal strategy and supervising EFF's 9 staff attorneys. Ms. Cohn first became involved with the EFF in 1995, when the EFF asked her to serve as the lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. Outside the Courts, Ms. Cohn has testified before Congress, been featured in the New York Times, San Francisco Chronicle and elsewhere for her work on cyberspace issue. The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2006 for "rushing to the barricades wherever freedom and civil liberties are at stake online." In 2007 the Journal named her one of the 50 most influential women lawyers in America.

Richard Gabriel

Richard L. Gabriel, a partner in the Denver office, came to the firm in 1990 and chairs the firm's Intellectual Property Practice Group. He concentrates his practice on general commercial litigation, intellectual property litigation, probate litigation, and products liability litigation, including appeals, and has significant experience representing companies in a wide variety of industries including health care. He also serves as Knowledge Management Partner for the firm.

Mr. Gabriel currently serves as lead national counsel for the Recording Industry Association of America in connection with the recording industry's lawsuits against those who illegally copy and distribute the record companies' sound recordings through unauthorized file-sharing programs. In October 2007, Mr. Gabriel tried the first of these cases to go to trial and obtained a judgment of willful infringement in the amount of $222,000 for the plaintiffs. Mr. Gabriel also has defended and prosecuted trademark and copyright claims for such clients as Sony Music Entertainment Inc., Zomba Music, Michael Jackson, the Colorado Rockies, Build-a-Bear, and Coors, and he has litigated a number of patent cases, including cases involving patents for the Lasik laser eye surgery, artificial heart valves, and several different medical lasers. In addition, Mr. Gabriel has substantial experience in the defense of securities fraud, products liability, and toxic tort cases, and in the prosecution and defense of commercial contracts, business tort, probate, and personal injury actions. Mr. Gabriel has also served as city prosecutor for the City of Lafayette, Colorado.

Mr. Gabriel's pro bono and community work includes ongoing representation of the Rocky Mountain Children's Law Center, where he undertakes representation of children in dependency and neglect cases. Mr. Gabriel was named one of the Center's 1997 Champions for Children for his hundreds of hours of pro bono service to the center. In addition, Mr. Gabriel has represented the Fort Lewis College Political Science Club alleging violations of the First Amendment, and he has represented an Oklahoma death row inmate through the ABA Capital Representation project. Mr. Gabriel has also had a long relationship with Volunteers of America, coordinating a firm-wide food drive that has delivered over 20,000 Thanksgiving dinners to needy families since 1987. Other community activities include his service as president of the board of the Colorado Wind Ensemble, with whom he performs on the trumpet, and his service on the boards of the Colorado Judicial Institute and the Rocky Mountain Children's Law Center. In June 1998, Mr. Gabriel was selected to perform the Star-Spangled Banner prior to a Colorado Rockies baseball game as part of pre-game festivities honoring Holme Roberts & Owen on the occasion of its 100th anniversary.

In 2002, Mr. Gabriel received the Richard Marden Davis Award, given by the Denver Bar Foundation and the law firm of Davis Graham & Stubbs to a lawyer under the age of 40 who combines excellence in the practice of law with creative community leadership. Mr. Gabriel has been recognized as a Colorado Super Lawyer and has also been listed in the Chambers USA Guide to America's Leading Lawyers for Business. In addition, Mr. Gabriel was named the 2007 Intellectual Property Lawyer of the Year by Law Week Colorado and a 2007 Lawyer of the Year by Lawyers USA.

FCC's online pirate reporting system

2007-09-13T23:59:00.000-06:00

This is precious.

The FCC is now taking pirate radio complaints online!

http://www.fcc.gov/eb/PIRIX/

I think it would terrible of people used this to report stations that didn't exist using up the precious and overworked FCC Field Agents. And you just know those sneaky pirate supporters do things like that.

It might even make the system useless. That would be bad. That would be wrong.

These sneaky guys should NOT even THINK about using http://www.fcc.gov/eb/PIRIX/ to report a station that isn't even there. That would be evil, immoral and just wrong.

So wrong.

The death of radio

2007-06-17T01:17:00.001-06:00

It's becoming clear that analog (and HD radio, for that matter) radio is dead.

Who listens to FM anymore? Not many. Most people only listen in their cars, and even that's being replaced by ipods, Sat. radio and MP3 CD's.

At home, if you have internet, you have the richest music listening imaginable. From Pandora to LastFM to tens of thousands of streaming radio stations.

So.. commercial radio, NPR, LPFM or even pirate radio.. who cares? Or more accurately, who's listening to anything non digital? No one I think.

My dog

2007-05-17T02:37:00.000-06:00

This, is my Dog, Matey.

Internet Radio is Dead! Back to Underground Pirate Radio We Go!

2007-04-16T20:36:00.000-06:00

Arrrrrrrr...

Wow. I just can't believe it. They killed internet radio! The MAIN reason we decided not to fight the pirate radio fight long term was it didn't matter, the internet was going to fill int he gaps anyway so why bother?

Well, clearly, we got that one wrong. From ars Technica at this link.

Check this out:

A panel of judges at the Copyright Royalty Board has denied a request from the NPR and a number of other webcasters to reconsider a March ruling that would force Internet radio services to pay crippling royalties. The panel's ruling reaffirmed the original CRB decision in every respect, with the exception of how the royalties will be calculated. Instead of charging a royalty for each time a song is heard by a listener online, Internet broadcasters will be able pay royalties based on average listening hours through the end of 2008.

Wow. I mean fuckin A wow... I'm floored.

Well guys, time to get out the van, mixers and transmitters again. Let's rock this joint.

Monk

Internet radio dead? Maybe time for pirates again

2007-03-23T11:10:00.000-06:00

I'd pretty much given up on the whole FM spectrum and decided that, with the advent of cheap streaming radio and podcasts, it didn't much matter anymore.

No need to put up an underground FM station. Just set up a streaming radio station. Get your self broadcasting needs taken care of with a podcast (which often is what's played on an internet streaming radio station)

Ah.. no more. The damned recording industry is trying it's damnest to kill that off too (or worse, turn it into another commercial filled wasteland impossible to listen to).

I'm thinking, maybe it's time again to go for the FM spectrum. Or, at the very least, help some other folks I know that are interested in doing it to get up and running.

SoundExchange Defends Internet Radio Royalty Rates

SoundExchange recently defended a revised streaming radio royalty rate structure as passed by the Copyright Royalty Board (CRB), arguing that the ruling was "fair". In a statement issued Thursday, SoundExchange executive director John Simson called upon broadcasters to consider the revenue needs of artists. "The music created by artists is the main reason why people listen to internet radio, and those artists should be fairly compensated for the value they bring to each webcaster's business," Simson said. "Yet, the webcasters refuse to acknowledge this common sense fact." The declaration follows a swell of protest from major streaming radio groups following the CRB decision, and a subsequent decision by the Board to rehear arguments in the matter. The protest group, which includes heavy-hitters like National Public Radio (NPR), Clear Channel, and AOL, argued that the newly-issued royalty structure would impose needless expenses upon broadcasters, and cause a significant number
of small and midsize companies to exit.

Simson acknowledged those assertions, though he also pointed to the myriad of revenue possibilities open to enterprising broadcasters. "Webcasters have a number of opportunities to maximize revenue with a captive audience attracted by music created by artists through banner ads, pop-ups, video pre-rolls, audio commercials and other avenues of revenue generation," he noted. That argument could affect refreshed CRB deliberations, though both parties are likely to hammer a recording royalty rate structure that offers more balance between the revenue needs of artists and the total budgets of internet broadcasters. The recently-passed schedule, passed March 2nd, replaced royalty calculations based on a percentage of total revenues with a per-play penny rate. The CRB offered to rehear arguments earlier this week.

A Year!

2006-12-25T18:06:00.000-07:00

SHIT! It's been a year since any of us have posted here! Well, with the fuckhead Republicans out of power, sort of, maybe it's time to look at doing another station. The last run in with the FCC was similar to gestapo tactics (they lied, served innocents with notices of liability, forced an unrelated to the station guy to hire a lawyer to defend himself, etc. etc. etc.). Assholes.

So, now that America SEEMS to be coming to it's senses (at least to some degree) , maybe it's time to rise up again. Make it real, take it back.

we'll see what 2007 brings.

Why should there be a KBFR?

2006-01-01T00:44:00.000-07:00

I stole this... but it's worth it.

Why is there a KBFR (pirate/underground/unlicensed radio in Boulder, CO) ?

Why is Boulder Free Radio an underground pirate station? It's because the NAB and NPR bought a couple of senators and killed the low power radio service rules that almost came into being in 2000.

"I've had all the diversity I can stand", said Conrad Burns (R-Mont), Chair of the Senate Telecom Subcommittee speaking at the National Association of Broadcasters (NAB) at the1999 annual April conference to show support for NAB and NPR's opposition to the Low Power Radio Service (LPRS).

You may be wondering, "why should I care if some freaks can't get their noise and culture out on a radio station?" Because radio is not just another business.

The Free Press must be free to carry the full spectrum of human experience, culture, news and views in order to serve as that chain of links between those who create policy and those who suffer from policy. When media becomes overly influenced by a few powerful interests, it's tainted with an overall bias. An unrepresentative media creates an unrepresentative and unresponsive government … leading to an unjust, unstable society and government.

Since radio stations use taxpayer funded government agencies to protect their use of a limited public resource, the airwaves ... an unrepresentative radio market is literally taxation without representation.

Justice of the Supreme Court William Brennan said "Freedom of speech does not exist in the abstract. On the contrary, the right to speak can flourish only if it is allowed to operate in an effective forum -- whether it be a public park … or a radio frequency. For in the absence of an effective means of communications, the right to speak would ring hollow indeed. And, in recognition of these principles, we have consistently held that the First Amendment embodies, not only the abstract right to be free from censorship, but also the right of the individual to utilize an appropriate and effective medium for the expression of his or her views."
The NAB and NPR oppose opening several dozen new slots in each city on our FM dial. Their position is that opening these slots will cause interference "like AM radio at night."
Just as when Ronald Reagan excused auto pollution by saying "trees cause pollution", they have taken a tiny grain of truth and blown it into a Mount Rushmore. Yes, at night when trees cannot photosynthesize, they emit hydrocarbon compounds that the daylight turns into smog ... at considerably lower levels than cars!

Yes, opening these new frequencies will cause interference ... for the magazine subscription's free radio teaser gift! The vast majority of radios will not have a problem. This is like saying that we must let horse buggies and "slopeds" on the Interstate. The top speed would drop to 30mph.
The FCC has long had (and not used) the power to require that receiver manufacturers build radios with enough "selectivity" to select the one weak station you want over the nearby close strong station. The FCC will have to require this if they go with current digital plans because the current American standard (called "IBOC") will "fatten" the current radio stations and their edges will get closer together!

So why the lie? Because the current radio businesses out there paid too much for the radio stations, competition would hurt their 20% profit margins, and they like that the high prices are excluding "those" people.

Gloria Tristani, ex-FCC Commissioner said in the mid ninties, "The number of broadcast owners have dwindled by 12% over the past two years -- even though the number of stations has actually increased by 3%." There are 641 more commercial stations but, for instance, minorities owned 8 fewer stations in 1997 than in 1992.

I Think I'm right, but I KNOW I'm wrong … my human frailties limit my perception that is modified by my values that are informed by my experiences. The only way I know with any certainty that I have "The Truth" is to either compare it with reality (the systematic trial-and-error of science) or to compare my experience with yours.

After all, at one time Galileo was a freak. But he was right.

What we made our DJ's sign before getting shut down

2005-11-21T01:23:00.000-07:00

KBFR Mission and Policies

Our Mission:

Boulder Free Radio is an act of civil disobedience aimed at taking back the public resource called Radio. It is an action and a protest against the selling off of the limited public resource of radio spectrum to the highest bidder. It is an action designed to support our community with a democratic media that will give the average citizen access to the airwaves and provide exposure to new and local music, under-represented ideas, opinions, news and information on local goings on and to do so with an understanding that we are responsible to the community and it’s wishes about content and the balance between free speech and the use of profanity. We commit that we will give fair access to all citizens on all sides of a community, state, regional, national or global issue.

At our core, we believe in the community supported use of free speech and access to new music, ideas, opinions and news.

We understand that being a member of KBFR is a privilege, not a right and agree to abide by the Policies and procedures put into place to keep KBFR safe and to continue to support the community it serves.

Boulder Free Radio(BFR) is a benevolent dictatorship(BD). The BD is supported by a council of captains (5-10 BFR members chosen by the BD and other captains for their experience, wisdom, knowledge, skills and ability to help govern and grow BFR). Most decisions are discussed among the BFR DJ’s and captains, reviewed in regular captain meetings and approved. When necessary the BD will be asked for a decision, but only as a last resort. The BD has the right, responsibility and duty to overturn BFR group and Captain Council decisions if he deems it necessary for the overall betterment of the operation, but only if absolutely necessary and he believes it is necessary for the long term health and survival of the station. The BD has final say, when exercised, on all BFR business.

Policies: Policies are rules that are required and agreed to by all members of the group before joining that allow us to operate and serve the community. These are not negotiable and are required activities and observances of how we operate.
Due to the underground nature of KBFR and it’s unlicensed status with the FCC, we will always be at risk of a bust by federal agents of the FCC, usually, backed up by a federal warrant and federal marshals. These warrants rarely name individuals and generally use old maritime laws used to seize (appropriately) pirate ships where the names of the captains and crews where unknown. In practice, the agents will first visit the STL location and issue a warning to stop operating. KBFR’s policy is to immediately shut down and move the STL location. This ‘resets’ the legal process and, in theory, should make it difficult for the FCC to obtain a warrant allowing them to take the equipment. At some point, we expect them to stop warning us and simply find the STL, and obtain a warrant. At that point, we will lose equipment, but not the studio, although that is not guaranteed. In order to protect the studio and, if possible, the STL setup (including transmitter, computer and mixer worth about $5000), the following policies are required of all KBFR group members. In addition, to avoid unduly antagonizing the FCC, controls around conduct and use of profanity and use of threats are outlined here.

- No drugs, guns or anyone under 18 in the studio at any time.
- No smoking (of anything) in the studio. Alcohol is fine
- New DJ’s are vetted by the program manager and approved by the Captains Council. DJ’s are encouraged to recommend potential new DJ’s
- Once a month meetings are required. If you miss the meeting, you are suspended from studio access (and your show) for one month. If you miss a second meeting, your status as a KBFR DJ is forfeit.
o You can miss a meeting if you inform one of the captains BEFORE the meeting. The reason must be significant and usually involves you being physically out of town.

- Showing up is required. If you miss two shows in a row, your show time is made available to the program director for rescheduling of another existing or new DJ.

o Sending an email out to kbfr@kbfr.org at least 4 hours before your show telling the group your show is available negates this control.
o If your show is taken, you can petition the program director for another time slot.
o If this happens 3 times (i.e. missing 2 shows in a row and not telling anyone) your status as a KBFR DJ is forfeit

- All DJ’s are required to help support the station financially.
o Monthly dues of (usually) $30
o Help in putting on benefit shows that add to KBFR’s reserve
o If you don’t pay your dues, you don’t get the key code to the studio

- All DJ’s are encouraged to find support duties that help the station
o To keep it going, we need all DJ’s to be ACTIVE members of KBFR by spending time on things outside of their weekly shows. These include but are not limited to:
§ Keeping the studio clean and neat
§ Bringing in needed supplies
§ Recycling cans, bottles and plastics
§ Managing T-shirt/button/sticker/CD distribution and cash
§ Reviewing CD’ sent to KBFR by artists, producers and record companies
§ Assisting in recording live shows in the van
§ Assisting with computer/networking needs
§ Helping with benefit concerts (including ‘producing’ them end to end)

- Profanity (defined by ‘the 7 words you can’t use on television, in addition to the words ‘faggot’ and ‘nigger’) is allowed. However, only under the following conditions:
o Between midnight and 6am: anything goes. Say whatever you want.
o Between 9pm and midnight: Use good judgment
o Between 6pm and 9pm: contextual use of profanity is fine- as in ‘I can’t believe fucking GW killed 19 more kids in iraq today!’. Gratuitous use of profanity is strongly discouraged and will cause you to eventually lose your show. Overuse will turn off listeners and has a higher chance of being heard by kids and their parents as well as shriveled up old lady’s and born again Christens with an axe to grind. These folks WILL call the FCC. Enough complaints from them will bring about a visit and a bust.
o Between 6am and 6pm: keep profanity to a minimum- same as you hear on network TV (shit, asshole, etc. class words are OK). Businesses listening during the day used to be our largest listening base and have tuned out due to profanity. We want them back.
o Use of profanity within recorded comedy and music is allowed anytime. Keep in mind the time of day and try not to abuse this privilege. They ARE listening.

- No DJ may threaten, on air, any entity or person, for any reason.
o This includes statements like: “someone should blow up Disneyland”; “Someone needs to kill that bastard GW” (this will almost guarantee a visit by the secret service); “someone should beat the hell out of the Boulder City Council”, etc.

- New DJ’s will have a 3 month ‘review’ period. After 3 months on air the Captains Council will review if their show is original, interesting, entertaining and if it fit’s into the overall KBFR effort of adding back to the community.

- Communications- DJ must check email regularly. At least twice per week. KBFR’s underground and distributed nature requires that we use an encrypted email system to keep our communications secure. Other than our monthly meetings, email will be our primary means of communication.

I agree with the above mission statement and agree to abide by the policies:

DJ Name:_________________________

DJ Name Signature___________________________________ (DO NOT SIGN REAL NAME)

Date:____________

Podcasting our archives! Now on Clickcaster

2005-11-06T12:40:00.000-07:00

We started last week. We are uploading all of our studio free shows from 5 years of Pirate Radio broadcasting here in Boulder.

We looked at all the online web services based Podcasting services and the big three (Clickcaster, Odeo and PodOMatic) all provided great stuff. We played with all of them for a few weeks, and we've finally settled on Clickcaster (www.clickcaster.com).

We like em cause their local to us, to start with. But, after using all three, they're also the best of the lot. Here's why we like them:

-Really (like, REALLY) easy to use

-Support huge file uploads (some of our studio free shows are 500MB)

-No limit on total space used in your account (PodOmatic, for instance, limits you to 250MB total, that won't hold even one of some of our shows)

-Everything happens on your machine. When you're recording a show, it saves it locally to your hard drive (the other guys stream it to their servers). Try doing this on a wireless connection to your home router sometime. You NEED to do it locally on your machine for it to work.

-Kick ass Java based recorder that (appears) to be at CD quality (128kpbs?). The other guys use Flash which sucks for recording and is (obviously) lower quality.

-Great simple interface. One of our DJ's said it's like the difference between Yahoo and Google (which would you rather use?)

-Super responsive team. When we had problems uploading the REALLY big files, they responded in 3 days with an updated server that would support multi gigabyte (they claim) uploads.

Overall, these Clickcaster dudes rock. And they get Pirate Radio big time.

Check em out. They're gonna change the world.

Here's a link to our show on Clickcaster: http://www.clickcaster.com/clickcast/rss/237

Monk

A little here, a little there

2005-10-02T23:38:00.000-06:00

We did some random broadcasting the other day.

Worked up a nice little mobile setup that you can plug in and put together in about 10 minutes in a garage. Nice little case, a laptop with WiFi, a tripod and an antenna. Just throw it up in someone's living room, set the tripod up on the deck and plug it in.

Worked great. A signal check had us covering pretty all of town very nicely (helps to be up high on a hill, if you can swing it).

I think this is how to do it. Totally mobile setup. Fixed for a single session in someone's house, a few hours, an evening maybe. Then, down for, however long, then, back up again when everyone's in the mood.

It's good, I like it.

M

Podcasting and Pirate Radio

2005-09-15T10:14:00.000-06:00

It occurred to me today that there's a powerful intersect between this podcasting thing and pirate radio.

In particular, it would insanely easy for one guy to create a great pirate radio station, with awesome content, by just using podcasts. I mean, that's what a podcast IS right? A pirate radio recording for the internet.

It's a sort of citizen journalism and it's uncensored and unedited by a regular person putting his or her thoughts into audio form and putting it out there for anyone to hear.

Sounds one hell of a lot like pirate radio to me.

Now, take a 160GB hard disk and FILL it with podcasts that you've downloaded from the net. Music podcasts, current affairs, politics, what have you. Put that disk on a computer, hook up the computer to a transmitter and antenna and you've got some GREAT radio.

When you feel like doing a show, head over to the transmitter site and do one. When you don't feel like it, let all that great citizen jouranlist generated content just run.

I would bet it would be the best radio station in your town, bar none.

Hmmmmmm

Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio

2005-09-14T22:03:00.000-06:00

Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio Pirate Radio

LIVES!

We're going up. We're not gonna do any of that fancy remote transmitter shit. We're going to set up, put the antenna on the roof, and lock the door. When they come, they'll have to have a warrant to get in.

Soon!

And the bug begins anew

2005-09-14T18:41:00.000-06:00

Well, it's been awhile since they shut down Boulder Free Radio. Jan. of this year. The FCC went after a couple of people that were relatively unrelated to the station (for reasons we don't fully understand..). Most likely they had these two guys names and they were, several times removed, related to us. One was a part time DJ, the other was a roommate of the original Monk who started KBFR.

The original Monk.

Might as well come out with it. There have been several Monk's since KBFR started. I'm the 4th. The guy who owns this blog is the current 'monk'. TheMonk. Monkterific. Monkifier. Monkonator. Monk.

There's still a large group of people in the Boulder and Denver area that want to do Pirate radio, undergroundradio, microradio, whatever you want to call it. There's also alot of gear floating around in different peoples storage spaces and garages just waitin to be hooked up and turned on.

And it'll happen.

When and where, we don't really know. But we do know that Pirate Radio Lives! And, though dormant at the moment here in Colorado, it'll be back, and soon.

We heard that our old nemesis, John Sprauge, the FCC agent who regularly visited KBFR over it's 5 year run, finally retired.

Gone, kaput, out to pasture. His fat ass is very likely sipping a cold coors in his RV in Arizona right now. We won't miss him.

His last run at KBFR bordered on (and in talking to lawyers we know, actually crossed the line) illegal activity. He harassed private citizens at their work place (accusing them, to their bosses, of 'breaking the law on company time') and the aforementioned roommate of the original Monk from Five Years Ago. We've since learned that this ex-roomie of the original Monk actually had to hire a lawyer to protect himself from having just been the roommate of one of us. And HALF a DECADE ago. It still blows the mind what these FCC agents will do to get you turn off what's equal to 100 watt light bulb in power.

Amazing.

So there you have it.

Monk is many people
The reason we shut down is our fear of innocents getting blamed for things they didn't do
The group was tired of running, time for a break
We will be back, and soon

Stay tuned (pun intended)

Monkstermatic

Google Talk is BAD

2005-08-25T21:58:00.000-06:00

Don't install it! Google Talk (or GoogleTalk) the new instant message client from Google will KILL your gmail account.

For some reason, Gmail doesn't like it. A friend of mine had his Gmail account LOCKED OUT when he installed it. Google, of course, doesn't respond (other than auto response emails with no information) to his pleas to turn back on his gmail.

So, again, DO NOT INSTALL GOOGLE TALK and you should think long and hard about depending on Gmail, considering how they promptly shut off his email and won't turn it on for 24 hours (or so they say... he's still offline 14 hours later).

M

Evil Google?

2005-08-11T09:46:00.000-06:00

Normally I don't write about things that aren't related to pirate and underground radio, but this one just cry's out.

And it sure as hell has alot to do with media freedom.

Google has 'blacklisted' CNET for writing a story about how Googles reach might be a little long these days. To illustrate the point, they found a bunch of information on the companies CEO, Eric Schmidt, and published it. They found it, of course, ON Google.

Now why the hell would a company that has as it's main principle "Do No Evil" do something so amazingly stupid? I mean, come on. This is one of the few times that the word stupid and Google really belong together in a sentence.

And I've got to give them this: when they decide to be stupid, they get REALLY stupid.

I just switched my startup page to Yahoo.com. I'm boycotting Google until they stop boycotting a reporting for doing what is simply his job: Telling the truth.

Monk

Is Apple the next Microsoft or, is Apple Evil?

2005-07-04T10:10:00.000-06:00

As I watch Apple take over the online music world, I can't help but wonder if much of what they're doing isn't akin to what Microsoft does to hold on to it's control over whatever domain it targets. But in many ways, it's worse.

Apple's OS is built on top of BSD Unix, and open and free OS. They take it, 'extend' it to be the Mac OS, wrap it in sophisticated copy protection scheme (called the Macintosh Computer) and sell it at a premium.

We're starting to see the same thing in their iPod business. With the recent release of iTunes 4.9, we see the addition of podcasting, but, in a closed mannor. There's no 'sharing with the community' happening here. It's all about aggregating as much control as possible into the Apple view of the audio world. I can see Steve now:

"What if we go all these podcaster dudes to put their crap into iTunes and we added advertising? Hmmm... lots of people doing that, or trying to. But we could OWN it.. and we could lock out all the little guys AND cut of Billy Gates at the knee's here. Maybe even get Clear Channel to give us a cut of the action".

Apple sues bloggers that are highly supportive of Apple and help create hype that creates value for their company. I friend of mine recently had an exchange with jobs that he sent to me. Here's there (brief) exchange:

-------------------------------------
Message to Jobs:

I know your trying to get at sources to stop leaks about unreleased
products, but, whoever is driving this attack on bloggers is creating
massively negative brand backlash for Apple.

It may be too late for you to stop at this point (it may look as bad
as continuing) but I would implore you to do so.

You are losing your core brand tribe and PO'ing alot of Apple
Supporters. I have had more than a dozen emails, today, about how
people I know are selling off their Macs and going Linux or, gasp,
Windows (because: What's the difference between Apple and MS now?
None.. at least, not as far as corporate philosophy and greed go, or
so goes the general line in the email).

So, I implore you, stop cutting off your nose to spite your face. You
are, and you're going to cost Apple, long term, alot more than any
short term win in this area can give you.

From an Apple Tribe guy who cares,

old Apple guy
ex Apple employee (over 10 years ago, don't bother looking, I know nothing)
witless sage

Steve's reply:

Steve Jobs to me
More options Mar 13

Scott,

Its just not acceptable to let people steal our secrets and publish
them without consequence. Sorry.

Steve

- Show quoted text -

-------------------------------------------

This doesn't sound like the Apple we all think we know (and love). It sounds like a company with it's own self interest as the ONLY driving force. Now, I expect that from Bill Gates, but Apple's success comes from it's 'being different'. Do they really have to emulate the enemy to fight the enemy? Don't they _become_ the enemy when they do that?

I have to ask: Is Apple becoming evil?

Monk.kbfr@gmail.com

emachineshop - The Inside Scoop

2005-06-28T21:50:00.000-06:00

Slowly but surely, we lose freedoms, access and choice.

The latest decisions by the US Supreme Court, one making P2P software 'questionable', even though it's legitimate uses are well documented and freeing cable companies from sharing their lines with competitors.. killing choice and choking off all the little ISP's in the country.

Congrats judges. Another blow to freedom and choice.

Google News

2005-06-04T13:24:00.000-06:00

Remember that Apple Computer commercial in 1984 announcing the Macintosh? Remember the evil world dictator up on the screen?

Take a look at this picture:

http://www.defenselink.mil/news/Jun2005/screen_20050604134834_127.bmp

Doesn't Rummy look exactly like that evil world dictator in this picture? Maybe I'm just seeing things, but I don't think so.

spooky

Monk

Podcasting Podcasting and More Podcasting

2005-05-26T16:07:00.000-06:00

This is really hot stuff. I've come to the conclusion that podcasting really is internet pirate radio with timeshifting.

These guys over at ClickCaster are doing some interesting things. I found their secret development site (wasn't that hard... alltheweb.com had it at the top when you search on clickcaster) and it seems to be working. It's at:

http://monkey.realpublicmedia.com

What's cool is they have a simple Java applett that lets you create a podcast with a button click. You do have to have Java 1.5 or later installed (just to to this link: http://www.java.com/en/download/windows_automatic.jsp and it'll do an autodownload for you).

You log into their server and click on create an account (yea.. it works) and you go to my studio and click on their 'create a clickcast' button. Up comes the recorder. Very slick. Click record... talk talk talk, rant, talk... Click stop. Play it back, click 'upload' and it throws it up on your account. You go to my clickcasts and write up your show notes and pick the file to attach and it does the rest (wraps it in RSS, puts the XML button at the top of your page.. blah blah).

Anyway.. these guys are getting close to making it really easy.

I'm dying to see what Podshow.com looks like and Odeo.com. They claim similar stuff (but I can't find their secret development servers damnit).

Monk

2005-04-30T23:30:00.000-06:00

Here's my email for those interested. picture format to keep those damn web crawlers from sticking me on their spam lists.

2005-04-30T23:24:00.000-06:00

www.rprn.org... home of KBFR's recorded studio free shows and many recorded DJ shows.

Free Media and Bottom Up Media

2005-04-28T21:07:00.000-06:00

Lot's going on in this area.

The Real Public Radio Network guys are up and running at www.rprn.org.

The Open Media Network is in beta (http://www.omn.org/)

And the podcasting world is taking over. Podcasting is as close to pirate radio on the internet as anything I've seen or heard of. A local company called clickcaster (www.clickcaster.com) is developing software for this. Adam Curry's making it real with www.podshow.com and a company called Odeo (www.odeo.com) is making something as off in Silicon Valley.

There's even a station (AM) in San Fransisco that's going to do all podcasts submitted by listeners. Now THAT'S Pirate radio, with a license. They're calling them selves 'KYOURradio - Open Source Radio at: www.kyourradio.com

The world is a changing folks. A transmitter isn't even required anymore to have a voice.

Of course, it would be nice, but, no longer required.

2005-03-16T14:59:00.000-07:00

Technorati Profile

2005-03-16T14:58:00.000-07:00

Been a long couple of months.

Everything is gone. We're OK. Heard some rumors about FCC harrassment of old roommates. Not sure though, can't get hold of anyone to verify. No one in the BURG group has had any contact from the feds since the Jan. bust. Everythings shut down, sold, dispersed, gone, dead, ashes to ashes dust to dust.

Man, how depressing. Everything's gone dark. But it was time.

m

2005-02-06T19:09:00.000-07:00

CREATIVE COMMON LICENSE: APPLIED TO THIS ENTIRE SITE:

Some Rights Reserved.

2005-01-16T14:44:00.000-07:00

FINAL UPDATE....

Welcome to Fascist America.

KBFR is gone. We are done.

We are simple folk with simple dreams who just wanted a voice in our community.

KBFR: RIP

monk@kbfr.org

2005-01-12T17:55:00.000-07:00

The station was shut down, again, yesterday in the late afternoon. One year, to the day (Jan 11th) from the last FCC visit.

Apparently the host (who was understandly upset at FCC agents at the front door) didn't get any kind of written warning. First time. This feels somehow different than other FCC visits.

monk@kbfr.org

2004-12-31T02:29:00.000-07:00

Almost forgot to write about the most interesting development!

It seems there's a LARGE portion of the population that's getting very uneasy with the consolidation and control of media, so much so that it would appear there are subsets of people from the left, middle and right, looking to pick a fight with the FCC.

I've been approached by some groups of lawyers who are offering to take our case 'all the way to the supreme court' on a pro bono (no cost to us) basis if we get the dreaded 'notice of apparent liability' (the FCC's phrase for 'we say you're guilty and we're fining you and threatening you with jail')notice.

It would seem the legal eagles have looked at a bunch of potential battlegrounds and have concluded KBFR is one of the better places to start. These are local AND out of town folks from the coasts.

So, it'll be interesting to see what happens. There are so many holes in how the FCC is enforcing it's arbitrary 'rules' that many interesting groups, groups you'd never think of as allies, are teaming up to fight how the FCC is running things. Interestingly, this isn't just the usual left leaning anarchist set (although they're part of it). There are ALOT of McCain type republicans fed up with the way things are going as well. I can't say I agree with them on alot of issues, but this set: free speech, local media and access to the airwaves ARE issues we seem to agree on.

Monk@kbfr.org

2004-12-31T02:28:00.000-07:00

anoteherfrst for KBFR. We, at the last minute, found we could do a live broadcast from the Fox Theater of the sold out Leftover Salmon show tonight. Other than the power going out for the entire place, it worked like a charm. Remote computer streaming over wireless over the internet. Beautiful.

An a different note, I talked to Vman, one of the two founders of Free Radio Santa Cruz. Seems he's quite the station and is unhappy with the direction it's taking. He and skidmark bob had a disagreement of some sort and, for now at least, he's not involved. It's a shame to, cause this guys been doing this for TEN years. Longer, continuously, than anyone else in the underground radio world. I offered him a show on KBFR (he can stream it from CA to CO via the internet)... I'd hate to lose his voice and his rockin the boat show. We'll see if he's interested.

We're also getting our first 'remote' DJ from NYC. B9 Punk, an artist who used to live here in Boulder and now lives in NY. She got a small setup that will allow for easy streaming over the internet and we'll be doing her show starting, I think, a week from Saturday. Noon to 3ish CO time.

We also did a live conference with the Chaos Computer Congress (CCC) in Berlin, Germany this week. They piped us into the conference and we broadcast the discussion live on KBFR. It's interesting in that they have a very different set of legal issues to deal with making it virtually impossible to do pirate radio in Germany (although it's alive and kicking in many other parts of Europe). I think we made some new friends in Europe.

Coming up on 5 years on air here. Man... seems like yesterday this whole thing started up by some guy in his basement. Many people and many interations later, we live on.

2004-12-30T05:22:00.000-07:00

Another yearly benefit show coming up on Jan. 20th. Biggest yet with name bands and actual expenditures of money to get it all together. This will be the first time we act like an actual promotor. Should be interesting. It'll either do great, or break us. We'll know in a few weeks.

2004-12-20T23:47:00.000-07:00

Well, it's verified. Denver Free Radio gave up the ghost. Notice the refernce to 'interested parties'.. I wonder who's got that gear? And what they'll do with it? Something useful, I hope.

http://www.diymedia.net/archive/1204.htm#120804

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News of the Moment

12/20/04 - Making Waves Update; FCC in MN [link to this story]

Michael Lahey's been getting around: his killer microradio documentary will get more screenings around the country next year, one of which will be in April at the Anthology Film Archives in NYC. Also, a professor from the UK recently contacted Michael about using Making Waves as part of an exercise/discussion in a new textbook on alternative media.

Earlier this month Michael also was a special guest on The Power Hour, a talk show carried on the Genesis Communications Network. Not only did Michael get two hours to plug the film and talk about the issues behind it, but they also opened the phone lines. That's where things got interesting:

Napoleon Williams (5:50, 1.4 MB), who's been on the run from the law for the last five years, called in (supposedly from Missouri) to tell his story.

Reverend Rick Strawcutter (6:46, 1.6 MB) also phoned in to complement Michael on the documentary and provide more details of Radio Free Lenawee's skirmishes with the FCC.

You can listen to the complete two hours (in MP3 format) here and here.

In other news, FCC Commissioner Jonathan Adelstein and an aide to Michael Copps spent the night of December 7 in St. Paul as part of a continuing series of public forums on media concentration. Hundreds of people showed up to the campus of Hamline University, and many gave public testimony (more than 3.5 hours worth).

My favorite came from Beth Van Damm, a volunteer with Radio MCAD, and an organizer of the Radio Re:Volt conference in October:

"Until the day that the FCC and the NAB recognize that LPFM does not pose a threat...long live the pirates, wherever they may be, who forge ahead anyway, fighting the good fight for our public airwaves." (:48, 193K)

You can also listen to a complete recording of the event (in Real Audio), courtesy of KFAI community radio.

12/12/04 - Dutch Pirate Blowtorch Blowout [link to this story]

It's tough to fully understand because it's all in Dutch, but there was one hell of a pirate broadcast in Europe this past weekend. Radio Koning, Keizer, Admiraal ("King, General, Admiral") took to the airwaves Friday on 97.0 FM, running 11,000 watts out of an antenna more than 100 meters tall.

The broadcast was the result of a combined effort of four pirate station-groups operating in the eastern Netherlands, laid on (in part) to protest the methodical sweep of the FM band carried out by the Dutch government in the past few years as part of a policy of spectrum commodification. Practically speaking, however, it was just one big party.

The actual antenna and transmitter were located just just over the border in what appears to be some German woodland. Reception reports poured in from as far away as Italy. I believe this may have been the largest-ever land-based FM operation ever constructed by Dutch pirates (possibly the largest-ever in northern Europe).

The same day Radio KKA took to the air, Dutch authorities paid a visit to the station, reportedly on complaints about interference to a regional public broadcaster (KKA operated on an adjacent channel to the affected station). Saturday afternoon saw a large multi-jurisdictional German/Dutch enforcement team locate and raid Radio KKA; someone's got the last 8:47 of the broadcast online. Station crew were also slapped with a €40,000 fine (~$53,000).

The party didn't stop Saturday night: part-celebration of KKA's short but bright run and part-fundraiser.

12/8/04 - Denver Free Radio Packs It In [link to this story]

Sad news from the mile-high city: KCTS Radio, after a short but spirited game of cat-and-mouse with the FCC, has decided to retire the operation. From a communiqué first e-mailed (now available on the station's web site), station spoke Carl Nimbus answers, in detail, the question, "So what happened to 'we're just going to keep coming back'?"

The FCC was all over us. More than they have the time and budget for. More than nearly any other pirate station in the country....[Denver FCC agent Jon] Sprague and friends were coming faster and more frequently than their counterparts do in markets like LA, SF, NYC, Dallas, Chicago and other large cities. Why would that be? The FCC responds to complaints from licensed broadcasters. They very rarely go out at random to shut down a pirate.

Shortly after KCTS was profiled in Denver's alt-weekly, a New York-based "Senior VP of Corporate Communications for Clear Channel Communications" wrote a letter to the editor (number seven, slugged "Clear as Mud") in protest of the maligning her great company received in the aforementioned story (wherein Nimbus remarks, "It's sad that five guys in Texas decide what gets heard around the country"). To Nimbus and crew, that's a smoking gun:

Now why would someone from CCC in New York know about and be responding to an article in a local Denver paper (an alternative paper to boot) so quickly?

It became "clear" how this was all going down. Clear Channel was the driving force behind the whole thing. Why were they afraid of a tiny, local, non-commercial broadcaster? Because our signal was reaching nearly ONE MILLION people, that's why....So what was cheaper for them, to revamp their product to compete with us or to simply use their swing with the FCC to take us out? Well, the rest is history.

Plausible, certainly. Or perhaps, since Clear Channel's taken a beating in the press for quite some time, it hired some PR minions to scan news databases and sites, note anti-Clear Channel press, and write a response to those stories. That's pretty standard protocol for PR damage control. It's also not unheard of for FCC agents to carry a grudge. Just ask Doug Brewer, Tampa's Party Pirate, who pissed off FCC Tampa office director Ralph Barlow so much seven years ago that Barlow vowed, "sooner or later, I'll nail him," on Page 1 of the Wall Street Journal.

It was probably a bit of everything, including the hand of radio broadcasting's Public Enemy Number One. KCTS' gear has already been dispersed into the hands of "interested parties."

2004-12-19T15:07:00.000-07:00

Great show at the Trilogy Wine Bar last night. 4 bands and a good turnout. We even made some money.

We did learn a lesson though about timing and bars. If a venue is willing to let you use their space for a benefit show, you need to keep that bar open as late as possible with as many people as possible. That last 1-2 hours is when they make the most money (and that's where THEY get the payoff for hosting our benefit shows).

We ended around 12:15.. just ran out of music. We started early (8:30pm) and ended early. The venue's owners wheren't very happy.

It's likely that we'll offer to give them the profit they would have made that last hour from our door take. It'll kill the benefit of HAVING a benefit, but it'll keep the venue owner (who has been a great friend of KBFR) happy and the door open to doing future shows.

I think the thing to do is to always end your benefit shows with a DJ who spins dance tunes. We have a couple in the KBFR DJ ranks and if we'd had one of them there, it wouldn't have been an issue keeping the party going.

So, lesson learned this time around: Keep your venue's happy and always have a backup for music if your band finish early.

monk@kbfr.org

2004-12-17T00:15:00.000-07:00

Complexity. The gobhoblin of this particular radio station.

Sometimes I wonder if the complexity we use to keep KBFR on the air is really worth it. I suppose it is, but using the internet so extensively does make for a difficult time staying on the air. The internet audio world is still far from 'dial tone' in nature.

Right now, KBFR is down because the damned router in the van decided to reset itself to default, making it useless. Of course, the notes we've got to re-set it up wouldn't work on it and the guy who knows how to do it isn't available. So, we're off the air until we can find the guy who knows how to do it.

BUT, hell, that's part of pirate radio I suppose. Sometimes it's just gonna screw up. Part of running a station with overhead in the hundreds of dollars a month instead of millions like some stations. A little downtime is the price we pay by not being part of (or being able to afford) 'the infrastructure' of radio broadcasting.

Monk@kbfr.org

2004-12-09T03:50:00.000-07:00

I've been thinking a bit more about how so much of the media world has been forced underground in so many ways. Pirate radio isn't so much an underground media as a simple distribution mechanism for media that just happens to be unlicensed.

But it makes me think more about the other media's out there that really have been religated to the underground world. Adult material of all types. Political thought. non mainstream Religious beliefs. Unpopular with the mainstream general viewpoints. Alternative lifestyles. Art. On and on it goes.

For a society that's built on free speech, there seems to be one hell of alot of supressed folks out there. And, it seems, it's getting worse, not better. When the FCC's policies force dozens of ABC affiliates to not air a WWII movie that utters the word fuck (something that, oh my god, actually was said during the heat of battle), well, ya gotta wonder.

I think we owe it to our listeners to spend more time and effort on developing the distribution for these alternative points of view. And I don't think it's something that should really be judged by the distribution mechanism.

I'm coming full circle on this to some degree. A few months ago we shut down the station for a week and did a reset on all the DJ's. Mostly because a few of them claimed it was their right and a form of free speech to say fuck over and over much to our listeners chagrin. And, admittidly, to mine as well. I was just no longer interested in listening to my own station. But was that right?

I have no plans to go back to that type of 'programming' for lack of a better phase, but I do think we need to be tolerant of things we don't like. My tastes are mainstream, but I support the right of others to be as non mainstream as they like. But is it only if I happen to like it? Maybe. But is that really supporting free speech?

No, it's really not.

I think it comes down to the age old question: what is porn? And the age old answer: I know it when I see it. But it runs even deeper. Is porn bad? And even if it is, if someone likes it, who are we to say 'no, i don't so you can't'.

I'm thinking of putting together a radio show, or series of shows, that explores this area. Maybe interview some of the alternative viewpoint folks. The porn makers, the white hate groups, the really out of favor types that have no real voice because they're 'underground'. Who knows, maybe there's even a book in here somewhere.

monk@kbfr.org

2004-12-05T16:53:00.000-07:00

We had our regular monthly meeting today. All but one DJ showed, best yet.

We require these meetings and, if you don't make it, your show is suspended for a month (and you forfiet your time slot, making it available for new DJ's or existing DJ's if they want the slot). You can come back the next month, but you can only take whatever slots are available at that time.

We did try something new last month that allowed one group of DJ's (3 of them who do a show together) to do their show even though they didn't show up for the meeting. We instituted a 'fine' that had each DJ pay $15 for missing the meeting. The 2nd time it happens, the fine is $30. The third time it's $60. After that, they're no longer welcome back.

It seems like a good compromise. We'll see over time how it works.

Monk@kbfr.org

2004-11-14T13:44:00.000-07:00

I wasn't aware of it, but the entire film industry, as we know it today, started in a way very similar to how we're operating today as unlicensed FM broadcasters. It seems the 'owner' of the equipment that made and showed movies at the time had a monopoly that he actively enforced. This man was, interestingly, Thomas Edison.

Here's an excerpt from a book I'm reading by Lawrence Lessig called Free Culture (how big media uses technology and the law to lock down culture and control creativity). It's fairly short and extremely telling:
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Chapter four: "Pirates"

"If "piracy" means using the creative property of others without their permission, if "if value, then right" is true, then the history of the content industry is a history of piracy. Every important sector of 'big media' today, film, records, radio and cable TV, was born of a kind of piracy so defined. The sonsistent sotry is how last generation's pirates join this generation's conutry club, until now.

Film:
the film industry of Hollywood was built by fleeing pirtes. Creators and directors migrated from the East Coast to California in the early twentieth centruy in part to escape controls that patents granted the inventor of filmmaking, Thomas Edison. These controls were exercised through a monopoly 'trust', the motion pictures patents company, and were based on thomas Edisons creative property- patents. Edison formed the MPPC to exercise the rights this creative property gave him, and the MPPC was serious about the ctonrol it demanded. As one commentator tells one part of the story:

"A January 1909 dedline was set for all companies to comply with the license. By February, unlicensed outlaws, who referred to themselves as independents (hmmm.. sound a little like unlicensed radio operators?) protested the trust and carried the business without submitting to the Edison monopoly. In the summer of 1909 the independent movement was in full swing, with producers and theater owners using 'illegal' equipment and imported film stock to create their own underground market.

With the country experiencing a tremendous expansion in the number of nickelodeons, the Patents Company reacted to the independent movement by forming a strong-arm subsidiary known as the General Film Company to block the entry of non-licensed independents. With coercive tactics that ahve become legendary, General Film confiscated unlicensed equipment, discontinued product supply to theaters which showed unlicensed films and, effectively monopolized distribution with th eacquisition of all US film exchanges, except for the one owned by the independent William Fox who defied the Trust even after his license was revolked'.

The Napsters of those days, the "independents" were companies like Fox. And no less than today, these independents were vigorously resisted. "Shooting was disrupted by machinery stolen, and 'accidents' resulting in the loss of negatives, equipment, buildings and sometimes life and limb frequently occurred". That led the independents to flee the East Coast. California was remote enough from Edison's reach that filmmakers there could pirate his inventions without fear fo the law. And the leaders of Hollywood filmaking, Fox most prominently, did just that. Of course California grew quickly, and the effective enforement of federal law eventually spread west. But because patents grant the patent holder a truly 'limited' monopoy (just seventeen years at the time:, by the time enough federal marchals appeared, the patent had expired. A new industry had been born, in part, from piracy of Edison's createve property.
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Wow... have to think on this more, but there are many storie's like this in this book. It appears that most of the folks, including radio, did something similar to get started. Primarily by ignoring or defying the existing 'authority' and doing what they considered the right thing.

And free radio, today, is no different.

Monk@kbfr.org

2004-11-11T03:05:00.000-07:00

Time to grow KBFR again. We're looking for 5-10 new DJ's. The way we're set up, we've concluded that, if they're tech savvy enough, they can be anywhere in the world. All they need is to be able to stream at 64kb have some music, a mic and an attitude.

Moving the website and it's got a new design and artwork. Should be up in a few weeks.

2004-11-06T11:51:00.000-07:00

Another monthly meeting tomorrow. Some of the things we're looking at doing include sponsorship by local (only) businesses and we're finding there's actually alot of interest in helping. We're not sure, exactly, how to do this yet and we'll work it out with the businesses, most likely, on a case by case basis.

We've got a couple now, IZZE and Twisted Pine. Both provide drinks (natural juices from IZZE and locally brewed beer from Twisted Pine) for the van. We mention this on air regularly. Phinn does an 'IZZE's Kitchen" show (what can you make with IZZE and, say, vodka? What do you call a mx of izze and twisted pine beer? TWISTED IZZE.. uggg).

So this should be an interesting experiment in how supportive the local community really is of KBFR. The trick will be to keep ourselves independent and still supported by the local community. My primary concern is a sponsor trying to foist their point of view on KBFR and what we do/say/play. If there's even a hint of that from a specific sponsor, we'll drop them like hot nuclear waste.

Monk@kbfr.org

2004-10-26T02:12:00.000-06:00

DFR was popped today for the third time, at a third location, within ONE HOUR of going on the air.

Methinks the FCC lies in wait for these guys.

I don't really know them (only through friends of friends) but they sure as hell are dedicated.

I don't think they're giving up either. The rumor is they're thinking of going into dig in mode: pick a site, set it up, ignore the warnings, stay in close touch with local and nationa press and when the warrant (with federal marshalls) come to haul it away, make a VERY large and loud stink.

Should be interesting to see what happens. Stay tuned.

Monk@kbfr.org

2004-10-10T20:41:00.000-06:00

Well HOT DAMN Denver's Pirate Radio seems to be hoppin!

Cactus Radio went on the air this week at 93.9FM. Hell of a signal (I picked them up fine all over Denver).

They have an AOL IM address: kctsradio

That's all I have though. No website or phone yet. They said they'd have a website up in the next week or so.

Welcome to our fellow pirates!

Monk@Kbfr.org

2004-10-08T00:12:00.000-06:00

Funding: BIG part of keeping a station alive.

One thing you can do is get in touch with a new group that's formed here in Boulder. I think they plan on making their services available to everyone. We'll be adding a 'send money to' button on the website soon. They're a non profit corporation. They take the money, keep an administrative fee, and get the rest to you. Once they get their final name and websit up, I'll post it here.

Monk@kbfr.org

2004-10-08T00:05:00.000-06:00

Our coharts in Santa Cruz were busted last week so it made us take another long look at what we're doing.

I've come to the conclusion that, although stupid, the lengths we go to to protect KBFR are worth it. FRSC was running 'hot' (the transmitter and the studio in the same place).

If you seperate the two, run an internet radio station (which is where the DJ's and most of the equipment are) and an STL (Studio Transmitter link) that's seperate, you're just plain better off. I've gone over the specifics of how this works in past posts so I won't repeat it again, but this underlines how important it is that you play the game (as much as that pisses me off. We should just be able to GET a FRIGGIN LICENSE). What stupidity. Why won't the FCC learn? The solution is so simple, and really pretty easy to do on their part.

2004-09-27T12:39:00.000-06:00

Good monthly meeting yesterday. With a smaller group (about 2 dozen) it's much easier to manage the station and the required duties we all have to do to keep things moving.

We took the KBFR duties list and each of the main areas where assigned to a specific point person and then other DJ's volunteered to help that person. I'll check with the point person over the course of the month to see how things are going. One thing is clear, if you don't spread the work, you'll burn out the few people who are putting in too much work while everyone else skates.

Obvious, I know, but amazing how often it happens.

Monk@kbfr.org

2004-09-23T04:16:00.000-06:00

The Denver Free Radio folks where up for about three days before getting busted by the FCC running a little thirty watt transmitter. It amazes me that the FCC has the time and energy to even bother with this. But, if you think about it, it makes sense.

The first bust is usually the one they try to scare you with. "We can fine you $11,000 and put you in jail for a year'. You're in big trouble. Just cooperate. Give us your equipment.

The reality is, the have no real power and know it, so they resort to fear uncertainty and doubt. They are not at all above lying to get into a transmitter site. They trespass on private property regularly to get a look at things. They do all they can without going through the hassle of getting a warrant to scare the crap out of you to keep you from going on air again.

They are all about complience (shutting it off), first and foremost.

What I've learned over the last several years of running KBFR is that, if you make it clear to them that they don't scare you and you are NOT going away, eventually, you reach a balance with them. They come visit your transmitter site ever six or so months, leave a warning (forcing you to move it) and move on.

KBFR has several lawyers that will work for us pro bono (free) if need be. We've let the FCC know that if they do want to go to court, that's fine. We're prepared and it's not going to cost us anything other than time.

We've let them know we are friendly with the local press and, whenever they bust us, we tell the press and they write a story on it. Not always, but usually friendly to the cause of free speech and local media.

We stay in good stead with the local authorities, especially the political ones. City council type friendliness.

And we make sure the FCC knows that the community, the media and several lawyers support us in our efforts to bring the airwaves, or at least some reasonable portion of them, back to the people in the form of small locally focused radio stations that know and understand the neighborhood and town they serve. That give a shit about what's really going on and report about it. That play local music and local news and announcements and that support local businesses.

If you do that, they'll eventually lay off. They'll harrass you periodically (they have a job to do they'll tell you) but you can come to a sort of uneasy peace with them if you don't let them intimidate you into gong away after a bust or two.

Monk@kbfr.org

2004-09-20T19:23:00.000-06:00

Another KBFR Benefit show this weekend. A Night on Venus. Focused on the feminine.

Our own Granola Girl came up with the idea and put together, pretty much, the entire show. She did a great job all around of pulling it together and, in the last week, the rest of the pirate pitched in and it worked out exceptionally well. ZT in particular, as usual, went above and beyond the call in helping and several other DJ's put in alot of time and effort to make it work.

It was at the Trilogy Winebar.. good friends of KBFR. This was our second show there. It's a good idea, if you're an underground station, to make friends with the various venues in your town. It gives you a platform to put on benefit shows and station produced shows like the one we did this weekend. It also puts you in good stead with the local entertainment scene, making you an integral part of it.

Hats off to the KBFR folks for pulling off another great party!

I hear rumors that Phinn's planning the next benefit already. A jam band blue grass party of grand proportions. And Flowers got her eye on doing a comedy show sometime soon as well.

I think the idea of KBFR Presents, as a sort of local promotor, is a good thing and it's going to continue to get better as we get more exprience at it and more credibility in the community by doing successful shows.

Monk@kbfr.org

2004-09-08T11:46:00.000-06:00

Here we are again... and things are going pretty good. Smaller group, more focus, more attention to the station by a more dedicated set of folks. It's goodness.

I think one way to bring down a pirate station is to let in anyone interested in doing it. Pirate radio, by nature, attracts some fringe folks (myself included). The problem is not all of these folks are thinking in terms of community and working withing a group of people. Some have an axe to grind regardless of it's effect on the overall view of the station by it's listeners (or the effect on the other station members). Some are just into having a party and using the station as the focal point. Some are just plain nuts. But most aren't. No way to tell though until they've been around for awhile.

The key is to have a MISSION and clearly defined reason for being. This time around, I wrote up a Mission Statement and clear set of policies (how we'll operate day to day) and went over it with the captains (that set of folks that help run the station day to day). We then asked everyone to sign it (using their DJ names only, of course).

Not a legal document by any stretch, but a clear statement of why we're here and how we'll operate. If you don't agree with the approach, no worries, don't sign it, and go do something else. I think it's given us a much clearer sense of purpose and direction than before. So far everyone's agreed with the whys and hows.

We also instituted a sort of probation period (3 mo) where your show and contribution to the station get's reviewed at the end of the period by the captains council and you then become a full fledge pirate (or not). If it's not working out, everyone agree's up front that, at 3 mo, we part ways amicably. If it is, we go forward and that person get's more responsibility and say in the running of the station.

We'll see if, over time, it sticks.

You know, the hard part of pirate radio isn't the technical aspects of setting it up. That's learnable by just about anyone, and cheap enough that, if you're really interested in doing it, you can pull it off, even as a starving student or artist.

The hard part is KEEPING it running, month after month, year after year. The last 4 years on air have been an incredible learning experience in how to operate an obviously public yet underground entity staffed (and paid for!) entirely by volunteers. I've done alot of things in life, but this has been the hardest, and most rewarding, to date.

Monk@kbfr.org

2004-08-26T09:33:00.000-06:00

Well, here we are, a couple of weeks into the reset of KBFR. We've pared down the number of DJ's from 45 to right around 20. I've got a set of folks as my captains council that are doing a great job of helping pull it all together. And several key folks who are stepping up and taking a very active role in the jobs needed to be done to keep the station going.

But I remain slightly skeptical. Not that I don't believe everyone is committed and pumped up about the restart. It's more of a can it be sustained. These are good people, every one of them. Some of them are truly great people. But I've found that sustaining something like KBFR, over time, can be draining.

I'm not really sure why it is that I keep this going as i do. I'm pretty sure I could just turn over enough equipment to keep it going to these folks and walk away from it and it would keep going.

The hard parts been done. We've gotten it started, learned that the FCC's been bought off by big money/big corporate interests and are not carrying on the public trust in the airwaves as they were chartered to do, forcing us to commit an act of civil disobedience just to put a simple community radio station on the air. We've learned that people really really want this kind of radio. We know that the local music community (which is rich and amazingly talented here in Boulder) desperately want something like KBFR.. We've learned the technical ins and outs of keeping a mobile/fixed/mobile system running and one step ahead- we use low cost computers to run the station, internet access to keep everyone reasonably safe and in plausible deniability and it works. We've learned our legal rights and we've recruited legal support from the local community (we have more lawyers ready to help us than the FCC has working on radio, or so we're told). We've figured out how to support ourselves through collecting dues from our members, having regular benefit shows and doing KBFR presents shows and by selling T-shirts and CD's and other chaka's. And we’ve learned you can be too small to make it work, OR, too big.

And we think we can replicate it. We're helping anyone who asks with information on how to do all this.

The original idea of creating a network of underground stations that rivals NPR or even Clear Channel (1000 stations all over the country) is what keeps me involved, when I think about it. KBFR is the model, the test bed, the place where we see if this is real or just a dream.

I started this thing 4 years ago. And through a lot of hard work, from many people, it’s grown and prospered. And it's clear that's it's not a dream, it's real. And it's also clear that it's just the beginning.

Radio is one of the most intimate of media's. There's something very personal about hearing the voice of a DJ over those speakers in your car, your office, your home, your bedroom. When we listen to radio, we're inviting it into a very private space each of us lives in. It's emotional and viseral. And it's extremely powerful.

Most importantly, radio is the most democratic of media's. It can be used by anyone. It's extremely inexpensive (the cost of a radio is, literally, the cost of a meal at a fast food joint now). You can even be illiterate and still use it to get news, listen to music and stay connected to your world.

A massively distributed network of low powered, community oriented and supported radio stations that exists alongside the commercial world of McRadio is where we need to go. The only way to really do that is to keep plugging away at creating a national network/coalition of underground and low power station.

I used to think this was just pirate radio, but I now think it’s the ‘class’ of low power/community oriented and (generally) non commercial stations that should be concentrated on. Low Power FM (LPFM), College stations and underground stations. Together.

There’s a separate group of folks called the RPR Network here in town that’s working to make this happen. They are not related to KBFR other than being supportive of us being here (and we them). They want to create a system where any non commercial radio station can be a member and they’ll collect original content and music from all the various member stations for redistribution to all the other member stations. They’re creating a sort of national database of audio content with an overlay of intellectual property protection and sharing of programming that’s reminiscent of the open software movement in the computer world. Very good stuff.

I think we’ll work to do what we can to help them, and see where that leads.

In the meantime, the tiny little world of KBFR is reborn, yet again, and we keep movin onward. Old folks who started with us and new folks bringing in new energy and ideas.

I have a rule about whatever I do: if it’s not at fun why do it? When the ‘fun quotient’ falls below 51%, you’ve got to ask yourself: is this worth doing? The couple of months of KBFR saw my fun quotient drop WAY below that 51% number. But it’s back up now. It feels good again and everyone involved seems to really be pulling together to make it a family again.

So, another chapter. It’s kind of like this mutating entity that has the same name (KBFR) but keeps changing, dying and being reborn in slightly (sometimes radically) different iterations. One thing it isn’t: boring. And damned if I’m not having fun again.

Monk@kbfr.org

2004-08-13T19:33:00.000-06:00

Update on KBFR going's on.

As some of our regular listeners may have guessed, the station has been down a week now, and I’ve giving KBFR a lot of thought.

We shut down on Friday, August 6th, locking the van up and wiping the schedule clean. No DJ’s, no shows, just airing a play list created and running on our DJ Computer.

The reasons for this were varied, from an extreme overuse of profanity by our DJ’s (who than claimed it was free speech and if people didn’t like it they could just turn the dial) and a general disrespect for the station itself to several of our captains (the folks who do much of the work to keep things going) quitting in frustration and disgust at the lack of support on the part of many of the DJ’s. We just got too big. 45 DJ’s in and out of the van all week long having a revolving party can be fun, but it leaves one hell of a mess to clean up and it’s not really giving back to the community we profess to serve.

The question I had to answer was: Is this worth it in it's current form? Should I shut it down or should I restart it?

After a lot of reflection and talking to many people (including getting feedback from many of our loyal listeners) I believe hitting restart is the way to go. Restart means just that though. We're going to start from scratch. A core group of us (a Captain's Council) will, over a period of months, reconstitute KBFR from scratch. We'll be inviting back many of the existing folks that were with KBFR before and understand what Free Radio is about, and we'll be bringing in new folks.

Our goal is to fashion a more community aware station that's primary purpose is to build a platform that creates a real voice for the local community. A group of people that takes it's responsibility to it's listeners seriously and works at producing programming that's interesting, informative, entertaining and relevant.

We'll be focusing on playing new and underplayed artists, local artists and uncommonly heard popular artist’s music. And we'll focus on well known genres of music as well as little and unknown genre's, opening peoples ears, and hopefully their minds, to new sounds and new ways of thinking about the world those sounds can bring.

We'll also focus on creating original programming on wide range of subjects, tapping the rich resources of interesting people that live in Boulder. This will happen by talking to and creating shows about people, their ideas and their activities. From university professors at CU and the Thursday Night Cruisers (a 'gang' of 300+ folks who ride their bikes around Boulder once a week in the summer in a moving party) and interviews with local hot spots, music venues, bars and restaurant owners and their patrons to the alternative health community, the traditional and non traditional spiritual, political and environmental movements and the rich group of individuals and organizations based in Boulder that have something interesting to say.

We'll also focus on reporting local news and producing local opinion pieces on things that effect our community. From reporting on the city council meeting going's on and how they manage Boulder's resources and activities at the University of Colorado to the deep, rich music, art's and literature community's ongoing shows, displays and releases of new creative works.

And we’ll produce our own shows about a range of subjects from politics to sex, comedy to the seemingly nonsensical, and we expect some interesting DJ personalities to emerge who do shows that are just plain fun to listen to, for no other reason than they are just plain fun to listen to.

We’ll continue to have bands and artists in the studio to perform live in our Studio Free venue, helping them to get their music heard, and we’ll continue to produce regular CD’s from these Studio Free sessions.

We’ll also continue holding regular benefit shows geared to raising money for improvements for our operation and equipment and to help others expand the Free Radio movement.

In addition, we’ll be helping in the promotion of events all year long with our ‘KBFR Presents’ efforts (from an upcoming ‘all girl bands’ show at Trilogy in September to a comedy show sometime in the next few months). We’ll work with local venues and local promoters to bring great music and great entertainment to the local Boulder scene.

KBFR has been having fun and in it's own self centered way, but it's time we, as a group, really think about what we're doing as a whole and how we're going to use KBFR in ways that enrich the local community. We want to bring local news, views opinion, culture, knowledge, music and arts to the community using the incredibly powerful medium of Low Power FM and Underground Radio.

And we’ll continue to have fun, and, hopefully, provide something fun and interesting for you to listen to. We know that radio is one of the most intimate of media’s, where you invite someone into your home, your car, your bedroom, and you listen, connecting with a voice that’s from the ether, but seems very close.

And lastly, in case this all sounds oh so idealistic, we will never take ourselves too seriously. Because, in the end, if it’s not fun, why do it?

If you’re interested in helping, I’d love to hear from you.

Monk@kbfr.org

2004-08-09T23:21:00.000-06:00

Well, it's been an interesting few days.

On Friday, it became apparent that KBFR had sort of spun out of control (if control is the right word).

So I shut it down. Fired everyone, cleared the schedule, locked up the van. Just a playlist off of a computer running until I decide, is KBFR something worth continuing.

What the hell happened?

Glad you asked: We had DJ's saying fuck (and cunt, motherfucker, shit, cocksucker, nigger, faggot, etc. etc. you get the idea) at a rate of 200 times an hour, PER DJ (with 4 DJ's). It was getting so bad I was getting daily emails from long time listeners asking what happened to the station they loved? It had gotten to the point where people simply couldn't listen to it unless they were alone. No WAY would they try at work or at home with kids around.

We asked folks to moderate, and got a strange response: Hey man, this is FREE SPEECH, you can't tell us not to say fuck!

Well, we didn't. We asked for moderation. Use profanity in context. Like: That fucking idiot george bush killed 5 more kids in Iraq today. Vs: Did you see that fucking faggot fucking standing on the fucking mall looking like a fucking asshole cunt and fucking licking the pole? Fuck man, fucking pitiful. Someone should fucking give that fuck some fucking money.

I am, sadly, not overstating this.

This became a big issue, mostly around free speech, which we wholeheartidly support. Somehow, gratuitous use of profanity morphed into free speech along the way and we became the potty mouthed bad boys of radio. Howard Stern would cringe listening to some of the crap we were putting on air.

Then, to top it off, several of the DJ's started dissing the station, on air, and it's leadership (the folks that do all the work to keep it running). When asked to moderate THAT, they did even more of it.

Sadly, it was done with good intent, and truly horrible execution. Sapphire, our most active and hard working pirate, quit on Thursday because of this disrespect of the station. Her view was if these guys didn't respect the station and wanted to complain about it on air, it was time to move on. No hard feelings.

The problem is, she was putting in 20 hours a week holding it all together. Of the 6 people we consider our Captain's Council, 3 had quit (including Sapphire) in the last month.

Something's very wrong in KBFR land.

So, time to hit reset. End it in it's current form. No station. No shows. Nothing. Not even sure, today, if it'll come back up. I'm going to take this week to think about it and decide if this is really worth doing.

When you ask reasonably for someone to moderate something that's pissing off your listeners (causing them to complain) and you tell your listeners calling in to fuck off and change the dial if they don't like it, you've got to wonder if these folks really need to have a voice on air.

And when you tell them it can bring the FCC down on you even quicker and they ignore it, and when you tell them the FCC has YOUR name (me) and what they do is tattoo'd, personally, on your butt for the FCC to go after, and they ignore it, you gotta wonder: Is this shit worth it?

Right now, no. We'll see how it feels in a few days.

Monk@kbfr.org

2004-07-28T08:19:00.000-06:00

Language, language, language.

Interestly, this has become an issue at the station. We get regular feedback from people that there's 'too much cussin'. Many of our DJ's just love the word F**k. (yea.. might as well start now eh?). It turns people off. And it's a powerful word.

We don't want to ban it, but we want to find some way to moderate it's use. If it's an every other word thing, people are just turning us off (including me). But how do you balance that with 'censorship'. Telling your DJ's they can't say things (even a word that when overused offends) can be construed as censorship.

Hell, it is.

But where do you draw that line? Is the station for the DJ's or for the listeners?

Time to revist this and, potentially, put some sort of policy/guideline in place. You can't ban it, but appropriate use is needed.

But HOW the hell do you determine 'appropriate use'. This is the problem the FCC deals with regularly.

Sigh.

monk@kbfr.org

2004-07-19T07:30:00.000-06:00

Cool beans in Boulder Town last night.

We were able to do a live broadcast directly from the Mountain Sun using not much more than a laptop, a mixer and a highspeed internet connection.

Hook the mixer into the venue's sound board, mixer into the laptop, laptop into the internet and Viola! Live feed to our van via the internet (which then broadcast the show live on 95.3fm).

Now all we have to do is convince all the venues in town to get high speed internet access and we'll be doing live shows all over the place all the time.

Pick Pickum instigated, Mcflurry collaberated and ZT made it all real. It's great having wonderful dedicated people working on projects like KBFR. We couldn't do it without their dedication and, man, it's FUN to boot.

Monk@kbfr.org

2004-07-12T20:59:00.001-06:00

Interesting show this Friday.

We participated in a live panel discussion on pirate radio that the HOPE (Hackers On Planet Earth) had in New York City. The room there was filled with 100 or so people and we broadcast it live here on KBFR in Boulder.

The response on both sides was overwhelmingly positive. The phone hookup worked great and we were able to take questions, comment on assumptions and participate like we were sitting on the panel in NY, and at the same time, broadcast it to our listeners. Good stuff. Gonna play that recording again sometime soon.

After that, Bulge, Granola Girl, ZT and I had a sceance (sp?) of sorts, contacting dead folk through a Q. board. Some bad ass murderer, a car salesman and a southern belle. Interesting stuff and, amazingly, seemed to work on air.

Monk@kbfr.org

2004-07-12T20:59:00.000-06:00

2004-07-12T20:56:00.000-06:00

Just had another of our regular monthly meetings. As usual, went well.

We're around 40 DJ's now, and we've come together well. The station is running nicely. The signal is clear. The computers work and everyone's up on their dues so we can actually pay our bills.

There's a joy to pirate radio that's hard to explain to someone that hasn't actually done it or been part of it. There's a kind of freedom knowing that you can play or say whatever you want, and that, somewhere, someone, is listening. Even if it's only for a brief time, you have a voice.

It's amazing how few of us ever actually have an opportunity to be heard outside of our own immediate little worlds. Our family, friends and coworkers. Being able to anonymously enter another persons world and, maybe, touch them in a way that somehow makes them think, smile or relate differently to the world around THEM has a power and a draw to it that's indescribable.

Monk@kbfr.org

2004-07-08T09:59:00.000-06:00

Humm baby.. another week of insanity with KBFR.

As I've talked about before, we use an array of technologies to keep KBFR on the air in the face of the FCC attempting to shut us down on a regular basis.

Here's a quick recap:

-We use a van equipped as a complete radio station to broadcast (FM).
-We use wireless hotspots and sympathetic listeners Wifi access to stream, live, on the internet
-We use "STL" (studio/transmitter links) sites in fixed locations that take the internet stream and broadcast it (FM)
-We have garages and 'spaces' scattered around town (including a space that's similar to a radio/recording studio) that we can either park the van to broadcast from or have enough equipment to allow us to set up a live broadcast (streamed via internet) to either an STL or to the van parked somewhere around town (with the van acting as a sort of STL site).

Carl Nimbus and ZT have spent hundreds of hours the last few weeks getting our network up and running. We've gotten a new mondo server (1 Terabyte of storage space, 100K+ songs) that acts as our main library, and we've got smaller copies of that library spread around to the van, to STL site computers and with friends of the station.

Everyone contributes. The DJ's (numbering over 40 now), the listeners (with wifi access and equipment donations) and the local music scene (the various venues allows us to put on 'KBFR Presents' shows at favorable terms that let us raise money).

By normal FM station standards, we run very cheaply. Our monthly bills are around $500-750 and include rent on space, internet access bills, a flat fee cellular phone used as the studio line, gas for the van and repair bills for the van and equipment wear and tear.

We pay our own way. DJ's pay monthly dues that cover, pretty much, the monthy expenses. Benefits raise enough money to replace broken equipment (usually, although at the moment we're digging into our own pockets again to cover some of the bigger costs).

So that's pretty much how it works today.

WHY go to all this trouble?

Simple, the FCC wants to shut you down if you don't have a license to broadcast. We tried, but LPFM licenses for this area are not available, even though FM spectrum that we can safely and cleanly broadcast on, is. We are very good radio citizens. We go to great lengths to put out a clean signal. Many of our 'licensed' stations in the area are actually much dirtier broadcasters, splattering around their spectrum and stepping on other signals nearby their own on the FM dial. We don't do that.

But every 6-12 months, the FCC comes knocking to tell us we are running an illegal station and must shut down. Our view is simple: The airwaves belong to the people, they are not to be sold off to the highest bidder. Free speech is important and FM radio is one of the best media platforms for free speech (in the form of spoken word and music) there is. It is ubiquitous. You don't even have to be able to read to use it. It is the lowest cost and most demographic of media's on the planet. And as a result of that, it should be one of the most accessible to the average citizen. It is not. And that is why we exist.

The reason for all this use of technology is mobility and stealth. If you're mobile, and, if you're visited by the FCC and can quickly move your transmitters location, you're good to go.

The first visit by an FCC agent is meant to intimidate. They are very smooth and they are very intimidating (usually bringing a local police officer, who doesn't really know why he/she is there, with them). They have only caught us one actually in the van (it was parked at a set location for several months). Usually they will find one of our fixed STL sites (a transmitter, computer and antenna in a tree with an internet connection that streams from our van internet broadcast or from one of our 'studio/garage' locations) and leave a warning to show a license in 10 days or face shutdown and an $11,000 a day fine and up to a year in jail.

Of course, they have never actually put anyone in jail. This is intimidation tactics. They've tried, but every court in the land says 'isn't this a form of free speech?' and throws it out. So they stick with fines. And they DO fine.

Here is where anonymity comes in. We at KBFR do not know each others real names. We only know each others on air names. We don't use fixed addresses (although we do have a PO box). The van is registered in the name of someone who is no longer living in Colorado and in no way associated with us (his choice). We are, in short, completely invisible from an identity perspective. If there isn't a name to attach the fine to, there's no way to stop the group from broadcasting.

And that's how it works. Two main things: No real names and mobility mixed with stealth. If you go to the expense and trouble of creating those two things, you should be able to run as long as you want (assuming your willing to put in many long unpaid hours of time to keep it going).

If it worth it? I don't know, some days, no. But most days, absolutely yes. I heard a conversation once that went something like this:

Q: "Never underestimate the ability of a small group of concerned and thoughtful citizens to change the world. You know why?"
A: "Because that's the only thing that ever has".

It's true. We are a small group of citizens who believe in free speech. And we're willing to take action to make that so. And we're willing to face down an oppressive government agency backed by large corporate broadcasting interests like the NAB and NPR (yes, NPR) to do it.

You should be too. If we created a network of 1000 underground radio station that take back the airwaves, but do it in a way that doesn't interfere with existing stations, we become a media force that changes the landscape of thought and ideas. We bring music that's never heard to the air. We bring ideas and news that are never broadcast on the big boy's networks to the people. We ARE what America was originally created to support: Freedom.

Monk@kbfr.org

2004-06-09T19:37:00.000-06:00

Thinking about getting a non profit set up to run KBFR from.

There's that pesky 'real name' thing though.

We'll experiment with it and see what we can come up with.

2004-06-01T09:08:00.000-06:00

I'm beginning to trust more in the overall intelligence of the group than specific individual opinions when it comes to decisions that effect the entire operation. Interestingly, I find there's truth to the idea of "The Wisdom Of Crowds".

Groups of people, diverse and uneffected by pressure exerted by others in the group, is better than a few people or one person's point of view in making decisions. You may not LIKE what the overall group 'decides', but you can bet that, more often than not, it's the best decision.

Monk@kbfr.org

2004-05-24T12:59:00.000-06:00

Folks are coming up with ideas for new fund raising.. one interesting one was for an all female band(s) night at a local club.

Considering it's Boulder, this could fly or seriously crash. The idea is intriguing though. Should we take pirate radio fundraising into the realm of niche demographic marketing to target specific segments of the population?

It's a tool, like any other, and it's the same tool used by the Clear Channels of the world. Maybe it would make sense to use some of their own techniques to turn the tables a bit... hmmmm...

monk@kbfr.org

2004-05-24T10:54:00.000-06:00

Radio is about noise.. sound... the pressure of air on our eardrums...

and Music is the most inviting of those sounds, at least for most of us.

So we're developing a sort of 'communal mind' playlist for KBFR. All of the DJ's (about 40 now) put in 100 of their favorite songs. Then add periodically. This'll give us a playlist of 4000 eclectic and original songs in a mix that's about as representative of the station (and hopefully the community) as a playlist can be.

We use the playlist on off times when there isn't a DJ at the mic. Early in the mornings, daytime slots not filled with unemployed music nerds.... when someone misses their show. We put in voiceovers ever 10-20 songs IDing the station and we're working on getting the playlist up on the website (how else are you going to find out WHAT THE HELL that awesome funk piece at 2:24am was that you were listening to in the cab on the way home from a tuesday night drinking binge?)

monk@kbfr.org

2004-04-27T07:30:00.000-06:00

Some interesting developments in the pirate radio world. It seems the state of Florida just passed a new state law making pirate radio a FELONY. This does not bode well for the pirate world. One reason it works is the FCC doesn't have the resources to really police all the pirate stations out there. And once a pirate figures out that they may be able to find them and tell them to shut down, the actual process of doing it is limited. If you stand up to the FCC, and you're reasonably clever about how you do it, you can stay on the air for years.

This new development in Florida changes all that. If turning on a box that puts out the power of a 40-50 watt light bulb becomes a felony, and the full force of a state or cities police force is brought to bare on pirates, you can bet there won't be many of them around after the first FCC visit that includes a police officer.

The cops aren't at fault here. They're just doing their jobs (upholding the law). It's the (mostly Republican) Florida lawmakers (the same folks that brought you President George W. Bush). They know that control of media means contol of power. Especially big media. Stamp out the little guys shouting the truth from the rooftops and you'll be able to control the majority of public opinion.

Everyone should write an email to these folks. The governer of the state (George W's bro) and the members of the state legislature. Particularly the bills sponser who's email is: villalobos.alex.web@ flsenate.gov

Read the story below. I particularly noted the comment by Sen. Vicor Crist: "In the old days, they didn't just hang the captain of the pirate ship. They hang the whole crew

Thats YOU he's talking about folks.

Monk@kbfr.org

Check this out:

Senate bill would crack down on illegal radio stations

By HILARY ROXE
Associated Press Writer

Last update: 23 April 2004

TALLAHASSEE -- There's no need to adjust the dial, because the Senate's signal is clear -- pirate radio stations operating in Florida should be facing stiff penalties.

It would become a third-degree felony to operate radio stations or interfere with radio transmissions without a Federal Communications Commission license, under a bill (SB 2714) the Senate passed Thursday.

The bill's sponsor, Sen. Alex Villalobos, R-Miami, said the illegal transmissions "bleed" into legitimate commercial stations and could interfere with emergency transmissions. Though the federal government typically oversees radio transmissions, Villalobos said the state needed to help the process.

"There are federal regulations to deal with this. There's just no one to enforce those federal regulations right now," he said. "When you open up a radio station, that's a privilege. That's not a right, that's a privilege."

Earlier this month, four Florida stations -- including one that broke into radio transmissions at the Lantana and Palm Beach International airports -- were shut down after warnings from the FCC, which says 26 other stations statewide are still under investigation.

The bill passed the Senate 30-8. Companion legislation (HB 1197) is now ready for a full House vote.

Some senators worried that raids on the illegal operations would only affect young disc jockeys, working part-time jobs for some extra money, instead of the owners and operators who invest in the expensive transmission equipment. But their efforts to amend the bill failed.

"Let's get at the real people. That's the people that own these radio stations," said Sen. Tony Hill, D-Jacksonville. "They're going to get away. ... They're going to just go set up somewhere else, but these kids are going to be branded for life."

Others said Florida should crack down on anyone involved with these operations.

"They regulate the radio business for a reason," said Sen. Victor Crist, R-Tampa. "In the old days, they didn't just hang the captain of the pirate ship. They hang the whole crew."

There were other questions about whether the state needed to step into the regulatory process at all.

"Do we want bigger government, or do we want smaller government?" asked Sen. Gary Siplin, D-Orlando.

2004-03-20T11:10:00.000-07:00

The virtues of not enough time.

We're working on putting together a KBFR presents show at the Fox theater and, as always, there just isn't enough time to do everything the way everyone would like it done.

I've come to the conclusion, however, that's just how it is and always will be regardless of how much time there actually is to do things. If you have 2 months to plan a big multi-artist show, or 12 months, it seems the same problems and issues come up. As the date get's closer, people freak and want to 'postpone'. Don't do it. Will there be mistakes? Sure. Is that normal? Absolutely. Just DO IT and quit the attempts at perfection.

Apple computer's a good example of this- it wanted to do everything perfectly or it wouldn't do it at all. As a result Microsoft won and we all live with the consequences. If Apple hadn't been so focused on being perfect, there's a real possibility that we'd live in a different and friendlier computer world today (as one example).

Pirate radio is about everyday people doing extraordinary things. Mistakes aren't possible, they're inevitable. We just need to live with that realization and keep on truckin...

Monk@kbfr.org

2004-03-18T08:29:00.000-07:00

Ahh money.

In the end, regardless of how pure your ideas are about free speech and freedom of the airwaves, it always seems to come down to money and having enough of it to make things happen.

We had a benefit concert in Jan of 04 that raised money for KBFR that went pretty well. Enought that the venue (The Fox Theatre in Boulder) invited us back (i.e. THEY made money). That was our first lesson: create something that makes money for the venue you're doing your benefit at.

The next thing we learned was it doesn't HAVE to be a benefit. Our next show is going to be "Presented by KBFR". What we seem to have stumbled on is that, by being a radio station that plays music, we have the support of pretty much all the local music talent in the area (we're one of the few places many of them can get their music on the air at), so most are willing to do shows for KBFR's benefit, even if it's not a benefit 'specific' show.

So, KBFR as promotor is what's developing. I believe pirate radio stations should consider this as a viable option for fundraising to continue operations, upgrade equipment and outfit studios.

What we're planning now is to do ONE big blow out benefit a year for KBFR. Something that raises enough money that we can operate at a (very) minimum level for a year. Then, over the course of the year, hold several 'KBFR presents" shows that augment our finances enough to improve the operation. We also, of course, sell studio free CD's, T shirts and buttons at these shows (creating a bit more income).

We're not talking big money here folks. A few hundred dollars per show. BUT, a pirate station doesn't need ALOT to run, just enough. The actual income would be considered below the poverty line (and below what would be taxed, if we were taxed). So it's even safe.

And the other thing, and most important, is you're not begging for money all the time on air. There is no 'donation' so to speak. You get value for your contribution (give us $10 for a great show.. go home happy). That allows the station to remain independent and pure in it's approach to what it does (mostly: NO censorship for it's members). If we take 'donations' from people, no matter what they say, at some point, they will want to have a say in what's on air. This is fine, if they're willing to JOIN the group and become part of KBFR as a DJ (and share the risk with us), but if we just take money without giving something of value in return (like a concert, a CD or a T shirt) we're opening the door to having people who are not of a pirate mindset trying to set the agenda.

And, of course, we're pretty clear that there IS no agenda. Just good radio created on the fly by regular folk DJ's doing what they love: Playing music and sharing ideas and opinions about the world.

Monk@kbfr.org