On June 6, 2012, Congressman Doyle (lead sponsor of the Local Community Radio Act) grills Mr. Newberry of Commonwealth Broadcasting Corp. on his claims related to low power FM radio stations’ ability to receive FCC licenses to broadcast on the air. Mr. Newberry is a National Association of Broadcasters witness on the NAB’s opposition to community radio. Thanks for your support, Congressman Doyle!
Dear Active Members of THE AMHERST ALLIANCE,
Acting on my own as an individual, rather than as President of THE AMHERST ALLIANCE, I am now rallying troops for a battle that may never occur.
IF the FCC’s final rule on the LPFM radio service contains the currently proposed ban on LPFM radio stations below 50 watts, even in highly urban areas, I plan to file a Petition For Reconsideration.
IF the Petition For Reconsideration is denied, I hope to put on my “lawyer hat” and file a lawsuit against the FCC. The lawsuit itself would be accompanied by pursuit of an injunction — under which licensing of ALL urban radio stations would be suspended until the status of Low Power FM stations below 50 watts has been resolved by the court(s) involved.
I ask you to sign my current DRAFT of the Petition For Reconsideration. This will give you the RIGHT to join me in a lawsuit if the Petition is denied. However, you will not be under any legal OBLIGATION to join me in a lawsuit.
Involvement in any lawsuit, should the FCC invite one through its actions, will be an OPTION for you to consider WHEN AND IF the time comes.
To read the DRAFT Petition For Reconsideration, and two related Appendices, just open the 97-2003 MS WORD document entitled “DON SCHELLHARDT–(DRAFT) Radio Stations Below 50 Watts–Petition For Reconsideration”.
I have filed personal Reply Comments in Docket 99-25. Here are the two most “quotable quotes”:
“Eliminate LP100s, not LP10s. License only LP10s [or LP50s] in highly urban areas and license only LP250s everywhere else.”
“I am a lawyer. My resume is Attached.
“If the FCC’s final rule does not permit licensing of Low Power FM radio stations below 50 watts in center city areas, I will file a Petition For Reconsideration. If the Petition does not succeed, I will attempt to raise funds for litigation — including an injunction.”
Please Stand By.
I will be sending you an important public announcement on these issues within the next day or two.