From: [f r bs p d] at [crl.com] (Stephen Dunifer)
Organization: CRL Dialup Internet Access  (415) 705-6060  [Login: guest]

Victory for Micro Power Broadcasting - Historical Defeat for the FCC


  On Friday, January 20 Federal judge Claudia Wilken refused to
grant the Federal Communications Commission a preliminary injunction to
stop the micro power broadcasts of Stephen Dunifer and Free Radio
Berkeley.  Stating serious constitutional concerns as her reason, Judge
Wilken denied the request, ordered the FCC to exhaust administrative
remedies and to rule on Dunifer's appeal of their $20,000 fine before
seeking any further court action.  This ruling sets a historical
precedent: it is the first time the FCC has been denied an injunction to
stop the broadcasts of an unlicensed radio station.  The Commission will
have to address the issue of the constitutionality of their regulations
when ruling on Dunifer's appeal.  Any further court proceedings are
delayed until the FCC acts on the appeal which has languished in
Washington for more than a year.  In the meantime the government's attempt
to enjoin broadcasting by non- licensed micro radio has been put on hold.

  Luke Hiken, attorney for Stephen Dunifer, stated, "This is the
second time a Federal court has recognized the constitutional implications
of micro radio technology.  We hope the FCC will recognize the importance
of facilitating the use of this technology for the benefit of the American
people instead of denying its existence and obstructing its use."

  Speaking on behalf of the National Lawyers Guild Committee on
Democratic Communications, Peter Franck commented, "The CDC hopes that the
court's refusal to enjoin micro radio is the beginning of a recognition by
the country that any hope for democracy depends on free access to the
airwaves.  Micro power broadcasting has the potential for creating a
'green movement' of low-cost, easy-to-use media.  It is as totalitarian to
require expensive, hard-to-get licenses for micro radio as it would be to
say you can only speak from a soap box if it is made of gold."

  Stephen Dunifer said, "Judge Claudia Wilken's decision affirms the
validity of our legal position.  Further, this victory is a credit to four
years of work by the National Lawyers Guild Committee on Democratic
Communications and my attorney, Luke Hiken, on behalf of the micro power
broadcasting movement.  Unlike FCC attorney, David Silberman, I do not see
irreparable harm resulting from micro power broadcasting.  Instead, I see
an immeasurable benefit for all citizens if the micro power broadcast
movement prevails.  For too long, media access and the tools of
communication have been concentrated in the hands of corporate and
essentially anti- democratic interests.  If any harm results, it will be
to those monopoly interests."

  For further information contact:  Free Radio Berkeley - (510)
644-3779, (510) 464-3041 or Luke Hiken, attorney at law - (415) 705-6460.
Email: [f r bs p d] at [crl.com] or [h--k--n] at [igc.apc.org.]  Send request to
[f r bs p d] at [crl.com] for information packet.  Legal briefs and documents are
available at our ftp site - ftp.crl.com.  Directory path is
ftp/users/ro/frbspd/legal.






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