[3-page letter follows; 2 by author, 1 by attorney's office]
"KAPW - P.O. Box 47473 Phoenix, Az 85068-7473 (602) 548-1054
88.9mHz ARIZONA'S MOST CONTROVERSIAL RADIO"
FOR IMMEDIATE RELEASE
JUNE 13, 1993
TO: LOW POWER "MICRO RADIO"
AND OTHERS IT MAY CONCERN
Ladies and Gentlemen:
This letter comes as an effort to familiarize you with myself, who perhaps
like you, owns or would like to own a low-power FM radio broadcast station.
That possibility may be very soon on the horizon, as I am currently fighting
the Federal Communications Commission for your and my rights to broadcast.
Though I did not make it my career, I have always had an interest in radio
broadcasting. Over the years it has become increasingly obvious that radio
programming is geared only towards those topics that are commercially lucra-
tive. Furthermore, broadcasting has evolved into a mega-buck enterprise where
only the wealthy have the "right" to play! This is a far cry from the early
days of radio, where many stations started out in an individual's home.
Through a good deal of research and perseverance, I managed to assemble a
reasonable radio studio in a small shed in my backyard. I purchased a 1/2 watt
FM transmitter and installed a hand-made antenna on a 36' mast. The studio
contained all the necessary equipment to monitor the station's power output
and frequency to assure that the station would not interfere with any other
broadcaster. Using books available at the local library, I researched the FM
spectrum and selected an "open" frequency where there was no chance of inter-
fering with any licensed broadcast station. None of this was done in secrecy:
I notified the media AS WELL AS the FCC of my intention to broadcast. The
pre-mise for the operation of my station, which covered an area in a radius of 2-3
miles from my home, was "community access" radio. Most of the programming was
talk oriented. There were some locally produced shows featuring political
commentary from both the "left" and "right." Most importantly, everyone was
invited to express their opinions, or in fact, to produce their own shows!
The broadcast schedule was Sunday through Friday from 6:00 - 10:00 p.m. Of
course, the FCC eventually came calling, and under the pretense of their imag-
inary "authority," attempted to inspect my station. This attempt was rebuffed
by myself. I did agree to temporarily suspend broadcasting pending negotiation
of a manner to resume the activity free from harassment. However, the FCC at-
tacked by a "finding" of a statutory violation of operating without a license.
Of course, most of you are aware that there is no provision for the issuance
ofan FCC sanctioned "low power" FM license. The FCC was not going to give an
inch as I proceeded through their administrative circus of appeals. Since
then, I have taken the matter to the Ninth Circuit Court of Appeals in San
Francisco. The issue of low power FM broadcasting has been extensively briefed
by my lawyers and is now pending the Court's review.
My legal remedies have not been exhausted, but as you can guess, I am finan-
cially exhausted. One of the reasons that the government gets away with so
many tactics like this is because the average citizen can not afford to chal-
lenge the Washington bureaucrats. My attorneys view this as an exciting test
case for low power FM broadcasting, one that may open the door for the respon-
sible operation of low power FM stations. The pursuit of this case has cost me
a lot of money. I owe a large balance to my attorneys, and will have great
difficulty in paying it on my own - if at all.
Yet look at what is at stake! The bulk of the government's defense has been
to stall and attempt to dismess. Obviously, the FCC never thought that I would
fight back...so many others have merely capitulated and succumbed to the FCC's
threats. Even if you do not own a low power FM radio station, or have no
desire to engage in this activity, a clear victory will send a loud message to
the Washington officials: WE THE PEOPLE have spoken!
With that in mind, my law firm and I have agreed to the establishment of a
trust fund for the legal defense of KAPW (please see attached letter). When
money is contributed, it will be used to fund the continuing obligations/legal
actions that I must maintain to obtain a Court ruling allowing me to broadcast.
I now invite you to send any funds which you can spare in care of my attorneys,
whose address is on the attached letter. A receipt will be sent to you, as
well as a note of progress as the case continues.
Your assistance will be greatly appreciated, as both myself and my attorneys
think that there is the possibility of a major positive step in the direction
of legitimized and legalized low power FM broadcasting. Your assistance in
this cause will be greatly appreciated.
Addendum: Where applicable, mailings of this letter have been carefully handled
to ensure confidentiality of the recipients. No mailing lists have been utili-
zed in any way that would compromise the security and privacy of any person.
Recipients of this letter are encouraged to reproduce/disseminate the contents
in any manner or fashion, including but not limited to the services of computer
"Law Offices of William M. Piatt, P.C.
2700 North Central Avenue, Suite 1150
Phoenix, Arizona 85004
(602) 264-0110 (FAX)"
June 4, 1993
Re: Dougan adv. F.C.C.
Pursuant to our conversation regarding how to pay your substantial
outstanding balance with this firm, we have reached agreement that we will
assist in establishing a defense fund trust for you. The intention of the
trust fund would be to help you in meeting the financial obligations you have
already had to the firm, plus expenses for other future actions taken, as
necessary, in regard to the F.C.C. case.
We will separately account all contributions which you or others so
designate to in our Arizona State Bar Foundation Trust Account. Those funds
shall be separately accounted from others, so that all contributions are rec-
ognized specifically for the benefit of representing your cause. We shall also
keep you apprised to the total contributions received. Further, the two of us
agreed to correspond periodically so as to inform those who are able to con-
tribute, as to the status of your case as it proceeds.
As we have now agreed to set up this fund, we wish you well on getting
the word out to those who maintain as interest in your broadcasting and/or may
have similar intent to exercise their right to broadcast.
We reaffirm to you our belief that this case can be a significant test
case in this area. From both a financial and a informational stand-point, we
look forward to the additional support your efforts will now bring.
Very truly yours,
J. SCOTT CONLON