1995?
On Tuesday, October 10 attorneys for Stephen Dunifer and Free Radio Berkeley received notice, 80 pages worth, of the FCC's intention to seek an injunction which would bar further broadcasts by Free Radio Berkeley. Stephen Dunifer is named as the responsible party. Free Radio Berkeley is part of a rapidly growing movement which uses inexpensive and low power radio transmitters (1/2 watt to 30 watts) to reach local communities. Called micro power broadcasting, this movement sees simple, easy to use transmitters as the leaflet of the 90's. In an era of multinational controlled mass media, micro power broadcasting is the voice of the community; the voice of the people. For four years the government has been trying to squelch this movement with escalating (but uncollected) fines. Clearly, it sees broadcasting which anyone can do as a threat to centralized control of information, ideas and culture. Intimidation having failed, the FCC is abandoning its own procedures and turning to the weight of the Federal Courts to squelch this new and democratic media. It won't happen.
Last July the FCC served a notice of apparent liability on Stephen Dunifer in the amount of $20,000 for alleged illegal broadcasts. This case has been pending before an FCC administrative panel for over a year. In July 1994, a Federal Appeals Court in the District of Columbia ruled that the FCC's current fine structure was invalid. This action, at the very least, places the FCC fine process into a state of limbo until new hearings are held. Perhaps this explains why the FCC has taken this mode of attack.
Luke Hiken, attorney for Stephen Dunifer, stated, "This is a totally unprecedented move on the part of the FCC. It appears they have side-stepped their own authority regarding micro radio broadcasting. Instead, they have chosen to bring down the full weight of the Federal Court System on an ever expanding community of broadcasters who are challenging the FCC's ban on micro power broadcasting.". (continued)
"They can kiss my Bill of Rights" was Stephen Dunifer's response, who went on further to say, "Neither myself nor the movement to liberate and reclaim the airwaves from corporate control will be deterred one bit by the FCC's latest action. It is a matter of free speech and human rights. No where in their prodigious legal tome does any aggrieved party come forth, other than the FCC, to assert damage or harm. FCC, in my opinion, stands for fostering corporate control. Free Radio Berkeley has been on vacation for the last few months in order to allow time to put together new equipment. Broadcasts will resume shortly at a new frequency, 104.1 FM, and continue until the date of the first court hearing. If an injunction is granted, there are many others taking up the banner of Free Radio Berkeley. We shall not be moved nor stymied by a justice system which means, in reality, just us corporations."
Another member of the legal defense team, Allen Hopper, put it this way, "It is utterly amazing that the FCC would seek a TRO, which is only sought for emergency situations where the threat of immediate and irreparable harm requires the intervention of the Court. The fact that the FCC has had this case pending before its own administrative panel for over a year contradicts any notion of emergency or injury. Further, their actions clearly demonstrate the fear they hold for the kind of public dialogue which takes place over micro power radio."
Luke Hiken and the National Lawyers Guild Committee on Democratic Communications are committed to defending the rights of micro broadcasters under the US Constitution and principles of international law.
At this moment, a hearing on this matter is scheduled to take place on December 2 in Federal District Court in Oakland starting at 10:30 AM. A Free Speech Solidarity Support Rally will be held outside the Oakland Federal Building prior to the hearing. On the following evening (Saturday, December 3) a public forum flying the banner of - Seizing the Space, Media and Communications Free Speech Activism - will be held in Berkeley at the Unitarian Fellowship (Cedar & Bonita). Starting time will be 8 PM. Simultaneous forums on this topic will be taking place in a number of other cities around the US, and perhaps internationally as well, on this date.
Complete media packets will be sent out upon request. Please contact Free Radio Berkeley, (510) 644-3779, (510) 464-3041.
Contact: Stephen Dunifer, Free Radio Berkeley - (510) 644-3779, 464-3041 Luke Hiken, Attorney At Law, NLGCDC - (415) 705-6460