Free Radio Berkeley and KBLT-Los Angeles are two of the more storied pirate-radio operations of the late 20th Century. Stephen Dunifer and Sue Carpenter fought federal regulations and, for a time, ran their own radio stations without a license. Pirates still flourish in some corners of the country, but the Federal
Communications Commission (FCC) is often quick to pull the plug. Here in the Quad Cities, Jason Duncan and Matthew Britcher feel they are striking their own blow for free speech with the launch of Power Hits 103.3 FM. And they believe that the Iraq war will protect them from the government’s wrath. With studios in Bettendorf and a transmitter located somewhere in Scott County, they cover much of the market with a mostly automated jukebox mix of popular hit music. What makes Power Hits 103.3 different? Britcher quotes FCC rule 73.3542, which allows applications for emergency operations in extraordinary circumstances.
The rule reads, in part: “Authority may be granted, on a temporary basis, in extraordinary circumstances requiring emergency operation to serve the public interest. Such situations include : ... the continuance of any war in which the United States is engaged, and where such action is necessary for the national defense or security or otherwise in furtherance of the war effort.”
But it’s unclear if the station meets the criteria.
During the aftermath of hurricane Katrina, a low-power FM license was approved to provide service to the Houston Astrodome complex that housed thousands of evacuees. But the Pacifica group, which operated the station, applied for and was granted a license before going on the air. And the station’s programming was uniquely designed to meet a specific emergency need, providing health and welfare information to the thousands who temporarily made the Astrodome home.
Gary Reid, a professor of telecommunications at Michigan State University, said that the Power Hits approach fails all the tests: “These guys unilaterally decided to go on the air without a license. That’s against FCC rules. Even if they made an application under the law, they would be hard-pressed to show how an automated music station serves a unique public service need during a time of emergency. How on earth anyone could suggest that we need more ‘Hot Hits’ is a mystery to me.”
Even licensed low-power broadcasters can be a headache. “Typically the low-power guys have little if any tech savvy,” Reid said. “And as such their signals vary in power and frequency. Likewise, they buy cheap gear that produces interference outside their frequency band. Incumbent broadcasters’ primary complaint is about interference, and I think it’s valid. If a LPFM [low-power FM] pops in with poor tech control, it can wreak havoc on the licensed broadcasters’ coverage, a sort of ‘jamming’ so to speak. This is a detriment to the station and to the listeners.”
The Prometheus Radio Project is a group with roots in pirate radio that helps get legally licensed low-power FM stations off the ground. “The rules say that you have to have a license to be on the air,” said Hannah Sassman, an organizer for Prometheus. “But these guys appear to be trying to make a point that there is room on the FM dial for more community voices. By definition, a station that is locally owned is more likely to be an effective community voice.”
After an initial flurry of license grants, low-power FM has been in legislative limbo. But two bills are working their way through Congress that could expand the availability of low-power stations. And … there’s the Internet.
“Web-streaming and podcasting are fundamentally changing the radio paradigm,” said Bill Castanier, a public-relations consultant who shows companies how to integrate new media into their communications strategies. “The future will be a world where just about anybody can be a broadcaster.”
Jacobs Media, one of the nation’s leading rock-radio consulting firms, said that mp3-player ownership is exploding. “Our findings indicate that the iPod and similar portable devices have become a pop-culture phenomenon, rapidly becoming a dynamic force in the way that music and other content is being purchased and consumed,” said Jacobs Media President Fred Jacobs. According to the survey, 35 percent of rock-radio listeners report owing an iPod or a similar device, with 48 percent of listeners who don’t own them now saying they intend to buy one. Jacobs said that radio listening decreases sharply among iPod owners.
What will the end game be for Power Hits 103.3? Like the many pirates before them, Duncan and Britcher will likely receive another visit from the feds, this time with warrants to seize their equipment. Fines and jail time are also a possibility. But the two are hedging their bets. “We’re also streaming the format on the Internet,” Britcher said. “We hope that the Power Hits sound will be around for a long time.”
Scott Westerman was a broadcaster for 10 years. He’s the region vice president at Mediacom and writes extensively on new media and technology.
