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Dead Air
Corporate Radio uses Regulations to Stamp out Competition.


Note: This article was written when WRAD was on hiatus. The station had been on the air, then it was gone. Then, this article appeared on the back page of Folio Weekly on 1/8/02. Enjoy!
~Godzilla

   My favorite radio station is dead now. I once could listen to the Cadets, Beat Cancel, Ten High, Lovecraft, and other bands that do not get enough credit for what they add to the Jacksonville music scene. I learned an amazing amount about music and even got my first taste of Indie rock because of that station. That station is dead now. It was a pirate radio station. In my eyes, it was a refreshing alternative to corporate radio, but in the eyes of the government, it was a criminal endeavor.

   I'm not sure what happened to the station, but I could guess. What are the possible consequences of broadcasting without a license? If the Federal Communication Commission finds where you are broadcasting from, some agents (not quite like the guys from Men In Black, but almost as fun loving) knock on the door, and ask to take a look at the station. If allowed inside, the agents will attempt to get the station operator's identity, demand that the station be turned off, and ask that the transmitter be given up. If denied entry, the agents will shake their fists in the air and angrily yell, "I'll get you for this!" Actually, they will just angrily stomp off to get their warrant and return in the hours or days that it takes to obtain the warrant. After returning and inspecting the station, the FCC usually mails the operator a Notice of Apparent Liability, showing how big the fine is. The fine ranges from $750 to $11,000. Oftentimes, the FCC will also go to court and get a permanent injunction against the station operator, which can lead to draconian enforcement measures against the operator if he continues to broadcast, but hey, that's the price you pay if you want to play your Willie Nelson collection on air.

   As a Libertarian, I love freedom of expression and I love the great music that is produced because of that freedom. It could even be argued that these regulations on this type of free speech are even illegitimate. The First Amendment of Bill of Rights states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press..." Also, Article 19 from the UN Declaration of Human Rights says, "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." Adam Nathaniel Davis summed it up well when he said, "Our constitutional freedom of expression should not be infringed upon, regardless of the medium that is used to carry that expression. Controlling the air waves is no different than controlling one's vocal chords."

   I turn on the radio today, and I hear the same tired mix of the same tired songs delivered in heavy rotation. Corporate radio would hate to have any strong type of competition, so big business makes big contributions (as so often is the case), and they keep the government/ corporate radio monopoly going. The government owns, regulates, and rents the frequencies. The officials control the supply. Thus, the prices are artificially high and corporate fat cats can smile at the thought of paying such a meager price to keep out ambitious individuals that lack the big, corporate dollars. I dislike big business, but I've never seen a company come to my house and tell me, "Shop competing with my business and pay this fine or go to jail." It's a page from the world of hired muscles and monopolies of organized crime. Government regulation is the real threat, a dangerous tool left for tycoons to "donate" their way into applying against us.

   One might be afraid of the innovative proposal of taking regulations out of the hands of bureaucrats. Governments use jails and tear gas to enforce its will. Don't let fear imprison your heart, propitiating an immoral system backed by corporate dollars. "But without the regulations, the corporations will have control and there will be nothing but uninspired, repetitive radio programming!" That's what we have now. Let me sarcastically say that companies didn't grow into conglomerates in spite of FCC "protection." It's time to turn some tables. "But you'll have anarchy and stations trying to over power each other!" Anarchy suggests lawlessness and chaos. Trespassing is not allowed on private property. Trespassing on someone else's frequency is no different. Also, digital frequencies (opposed to analog frequencies that we use now) will allow thousands of new frequencies and even more as technology progresses. My knowledge of digital frequencies is limited, but why is the FCC not pursuing such technology? More space? Thus, lower rates for space? Thus, more competition for mega corporations? Uh oh, it smells like progress to me. The monopoly has grown soft and comfy. They don't want to rock the boat, despite the benefits. With the FCC and executives hand in hand, the obvious lack of innovation pops up as often as a boy band on top 40's radio.

   Local artists need the opportunity that a free market in radio can give them. The great thing about freedom is that possibilities are endless. Imagine a club operating a station that previewed music from bands that were going to be playing live at the venue that night. The largely ignored underground could have a voice apart from the text and photos of 'zines and present local bands to anyone with a radio through their best mode of expression: music. Bedridden kids could hear the new beat just as well as the kids in the thick of the underground. Imagine preteen girls chattering about local acoustic artists, rather than the latest cookie cutter pop act. It's about pulling back blinds and regulations and allowing the ambitious to truly shine. Educational stations might emerge. You could learn Spanish vocabulary on your way to work or get a better grasp on the criminal justice system.

   Speaking of better programming, when there was a pirate radio station in town, I would scan through the stations and the pirates would always have the best stuff on air. Why? Corporate radio is afraid of innovation. As is the case with many monopolies, listeners are trapped in a system that serves the monopoly better than the consumers. They simply have nowhere to go except their CD collection, which can get old very quickly. The new competition would bring new life and new listeners to the airwaves. Competition serves up an ultimatum: Serve the people better or lose profits. If those profit chasers didn't have bureaucrats protecting their monopoly, they would better serve the public. Executives may enjoy "just good enough" programming now, but with mp3's and Internet radio growing, a corporation made soft by the stifling of competition will be very vulnerable in the future.

   The prying of regulations from corporate hands wouldn't just be good for my hometown of Jacksonville, Florida. I drove to Flintville, Tennessee to see a friend of mine and with the exception of one radio station in Valdosta, Georgia, everything on the air was pretty much the same bland mix of songs. There are artists waiting to be discovered all over the nation. Sure, there may be a sliver of programming devoted local or emerging artists, but I'm not content with crumbs from the table. There are ambitious people who want to share the music that they love with an audience bigger than the number people who can listen to a P.A. system. For the same reason, pirates are glad to be considered criminals in order to fulfill that dream. Who are the victims to these "crimes?" It's appropriate to quote Adam Nathaniel Davis one more time. "...Expression should not be infringed upon, regardless of the medium... Controlling the air waves is no different than controlling one's vocal chords." Let's make expression legal again, everywhere.

   In conclusion, many thanks to Rick Harrison for a better understanding of the laws on and the world of pirate radio, Jesse Walker for dispelling fears about freeing the air waves, and Ty Price for introducing me to digital frequencies. Thanks to Adam Nathaniel Davis for, in a very inspirational move, courageously running for Jacksonville city council. Thanks to the local pirate radio DJ's who also opened my eyes to a whole new world in music from experimental UK techno to local Indie rock. The laws may have been loosened slightly because of their foolish nature after I compiled my information, but I am certain that the airwaves are still inaccessible to the ordinary visionaries that will be the innovators who bring revival to the dead airwaves of media conglomerates. I look forward to that revival. Refused said it best in their song "Liberation Frequency," "We want the airwaves back."

~Randy Wilbourn Jr.
Jacksonville, FL

Randy Wilbourn is a nineteen-year-old activist in the Libertarian Party of Duval County. (www.LPJAX.org)

Adam Nathaniel Davis for Jacksonville City Council - www.JaxLiberty.com