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Copyright 2000 The Houston Chronicle Publishing Company  
The Houston Chronicle

January 24, 2000, Monday 3 STAR EDITION

SECTION: A; Pg. 15 MetFront

LENGTH: 848 words

HEADLINE: Station may emerge from undergound;
Supporters plan to discuss future, new FCC rules

SOURCE: Staff

BYLINE: RAD SALLEE

BODY:
Supporters of a low-power, semiunderground radio station in the Montrose area will meet Tuesday to discuss its future, now that new federal rules offer such stations a chance to broadcast legally.

First Amendment Radio is one of many small "community radio" stations around the country. Its studio is above the Texas Hemp Co., 1533 Westheimer.

The station's "pirate" predecessor, Radio Free Montrose, was silenced April 28 when the Federal Communications Commission seized its transmitter after several warnings.

Since 1978, FCC regulations have not allowed licenses for such so-called microradio stations.

First Amendment Radio skirts that problem by distributing its signal legally via the Internet, where it may be heard at www.firstamendmentradio.org.

A supporter said another person, not affiliated directly with the station, takes the signal off the Internet and broadcasts it at 94.9 FM - Radio Free Montrose's old spot on the dial.

On most days, he said, the signal can be heard about three miles from the unlicensed 20-watt transmitter.

Tuesday's meeting, set for 8 p.m. at Rudyard's, 2010 Waugh, follows a decision last week by the Federal Communications Commission to grant two-year licenses for some noncommercial low-power FM stations (LPFM).

One type of license would allow a signal power of 50 to 100 watts, covering a radius of about three and a half miles. Another license would allow transmitters of one to 10 watts, which cover one to two miles. This compares with 100,000 watts for some commercial stations.

The FCC board voted 4-1 to allow the licenses despite opposition by the National Association of Broadcasters and National Public Radio.

FCC Chairman William E. Kennard said in a prepared statement that there is a special need today for noncommercial community radio.

"Every day, it seems, we read about a bigger merger and more consolidation, all of which leads to the perception that the interests of small groups and individuals are being lost, and that important voices and viewpoints are being shut out," Kennard said.

Commissioner Gloria Tristani agreed, citing a trend to "distant owners, national play lists and syndicated programming." Microradio, she said, "promotes localism and diversity . . . by adding new voices to the mix."

Although the new rules have not been released, Commissioner Susan Hess said they will require local ownership for two years, and the licensees cannot own another station.

Applicants with "an established community presence" will get priority, she said.

Commissioners Harold W. Furchgott-Roth and Michael K. Powell said the microradio signals may interfere with those of other FM stations.

And although microradio is nonprofit, they said, its broadcasting of local news and public service programs could drain crucial advertising revenue from struggling commercial stations.

Mark Martin, a computer software developer and general manager of First Amendment Radio, said it costs about $ 1,000 a month to operate, with the money coming from his pocket, those of several "like-minded individuals," and fund-raisers such as recent tributes to Velvet Underground and David Bowie.

The station is on the air 24 hours a day, seven days a week. "But that includes canned content," Martin said.

"We're trying to get a daytime show going, but our live schedule is largely between 6 p.m. and midnight or later.

"The mix now is about 70 or 80 percent music (largely alternative rock) and the remainder public affairs and political commentary."

Martin said Friday he hopes the station's board will decide to seek a license. He said he would much rather spend money on the application than in fighting a legal battle over the right to broadcast.

But success is not guaranteed, he said, since there may be multiple contenders.

Martin said he hopes to set up the station as a nonprofit organization with a board of "people who have made significant contributions to the community," plus an advisory board.

A possible obstacle is an FCC policy that says former pirates who kept on broadcasting illegally after being told to stop are ineligible for licenses.

That fits Radio Free Montrose, several of whose volunteer staffers now work for First Amendment Radio. Martin said he and First Amendment Radio itself have never been cited by the FCC.

Martin's long-time friend Kevin Jackson, who founded and operated Radio Free Montrose, said he supports Martin's leadership of the new station.

Jackson said he is considering an offer to work there in an advisory or other "grandpa" capacity if it is licensed. Both men said they would be at Tuesday's meeting.

Jackson said he hopes the new station can avoid some problems of its predecessor. Radio Free Montrose was set up as a community resource, he said, but its operation was hampered by factional disputes.

First Amendment Radio "should be operated benevolently with no faction at the helm," Jackson said.

"The factions are allowed to use the airwaves," he said, "but the factions are not allowed to confiscate them for their specific and sole use."



GRAPHIC: Photo: Cedric Ary, known to First Amendment Radio listeners as "Jazzymystic" of the Jazzmataz show, digs through broadcast equipment and records at 1533 Westheimer, where the small, community radio station is based.; Steve Campbell / Chronicle

TYPE: Profile

LOAD-DATE: January 25, 2000




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