[BC] RADIO FREE BRATTLEBORO

[Mike McCarthy]

At 07:23 AM 1/11/2006 -0700, Sid Schweiger wrote
> >>Negotiations on a possible settlement between radio free brattleboro
>and
>the Federal Communications Commission recently collapsed and an
>attorney
>for the former 10-watt community station plans to ask a local judge for
>a
>new hearing. Station lawyer James Maxwell said that negotiations on a
>possible settlement in the nearly three-year-old case between the
>unlicensed radio station and the Commission have ended without a
>resolution.<<
>
>Only in a place like Vermont would you have a federal judge order a
>regulatory agency to negotiate with a party that broke the law and that
>agency's regulations.  Simply incredible.

I think the judge who directed negotiations may need a refresher course on 
the Communications <<<Acts>>>.  Act...Statutory LAW.  A law he is obligated 
to either uphold and enforce or strike down due to violating the 
Constitution.  The courts, including the Supreme Court have repeatedly 
ruled that the 1st Amendment doesn't give anyone the RIGHT to erect and 
operate a radio station beyond Part 15 allowances.

Now, one has to ask the question...why is this still at the district court 
level anyway?  The FCC should have taken it to the appeals court on the 
merit of statutory law...which I think the appeals court would see right 
through this charade of a proceeding.

Now...having stayed in Brattleboro for a couple days (nice quaint town I 
might add...couldn't live there.  But nice to visit...) I can see why they 
would think that a little 100 watt station serving the valley would not 
harm anyone.  But they now have a LPFM station...so why are they still 
fighting.  Hmmm...seems to me that the other station isn't community enough 
for THEIR (the people operating the pirate station) tastes.

MM