VERMONT RADIO STATION SEIZED AND SHUT DOWN BY FEDS

[Zlatko Waterman]

Radio Free Brattleboro, a radio station broadcasting what Bushco doesn't want to hear, was seized by Federal Marshals, all its broadcasting equipment confiscated, and shut down yesterday.

Does this sound like something a dictator in a "third world" country might do?

Or does it sound like something that happened in Brattleboro, Vermont, a town with a healthy art and culture scene?

Two years ago I met a couple who runs one of the best bookstores in that town. They were some of the most vital, alive and imaginative art and literature folks I'd met in some time.

In case you, like me, knew nothing about Brattleboro, here's an "Outside" magazine link:

http://outside.away.com/outside/destina ... ns_15.html


The article below, from "The Progressive Newswire" gives some details:


(paste)


FOR IMMEDIATE RELEASE
JUNE 22, 2005
12:37 PM
CONTACT: Radio Free Brattleboro
James Maxwell, Esq. 257-1299; Larry Bloch 254-9106



Radio Free Brattleboro Shut Down By FCC

At 6:58 this morning, June 22, 2005, armed with a warrant issued by a Burlington magistrate, United States Marshals entered the studios of radio free brattleboro and seized its broadcasting equipment. The seizure of equipment and shutdown of rfb’s local broadcasts under authority of a warrant issued in Burlington comes while an action is still pending before Judge J. Garvan Murtha in the federal court in Brattleboro.
In March of 2004 radio free brattleboro filed for an injunction in the District Court in Brattleboro, asking the Court to prohibit the FCC from seizing equipment. The United States District Attorney, representing the FCC, filed a reciprocal action for injunction to shut down the radio station.

These dueling actions were finally whittled down to one action and the rfb request for injunction was dropped, due to the following statement in a filing made by the United States:

In its suit, rfb seeks to enjoin the FCC from seizing its equipment or from stopping it from broadcasting without a hearing. Because neither of these eventualities are threatened, the suit is essentially moot. The FCC has chosen not to try to seize the equipment of rbf but to proceed by way of a preliminary injunction. Thus, there is no controversy about imminent seizure of equipment for this Court to remedy or enjoin. Moreover, since rfb is receiving a hearing on March 15 [2004], it will not be stopped from broadcasting without a hearing. Thus, the matters that it asks to be remedied do not need a remedy.

This constituted the Government’s assurance that it contemplated no seizure of rfb’s equipment and rfb did drop its own action for an injunction.

In April of 2005, with matters still pending in the U.S. District Court in Brattleboro, rfb received a letter from the U.S. Attorney’s office in Burlington stating that the FCC was “prepared to pursue other law enforcement remedies . . . .”

Rfb was puzzled by this new threat, as it had dropped its original action for an injunction because of the Government’s assurance that the regular court process in Brattleboro would be the venue for the dispute. Accordingly, rfb replied to the U.S. Attorney’s office stating:

The radio station has continued operating because the FCC’s complaint to the court has yet to receive a ruling either on thepreliminary or permanent injunctions you [FCC] seek. Your review of the file doubtless informs you that rfb originally applied for an injunction to bar the FCC from exactly the action you now contemplate, under 47 U.S.C. § 510. The station voluntarily agreed to a dismissal of its complaint for injunction because of the pending injunction petition put in by the FCC. In the given posture, I do not believe this district court or any appeals court will say that rfb was obliged to shut down: shut-down is precisely the question for which we await the judge’s answer. Your threatened action is, therefore, an end run, is it not?

On May 3, 2005, the Government filed for summary judgment in the case pending in Brattleboro. Radio free brattleboro responded to that motion and therefore the FCC’s case asking for an injunction to shut down rfb remains, today, in the hands of Judge Murtha in Brattleboro.

Radio free brattleboro’s attorney, James Maxwell, commented: “This is on one level no surprise. The FCC has run out of patience with the regular court process in Brattleboro and has gone elsewhere for the relief it seeks, namely, a chance to get the U.S. Marshals into the station to grab the equipment. Radio free brattleboro has a case with substantial and legitimate legal issues pending in the federal court here in Brattleboro, and the station has also applied to the FCC for a waiver to broadcast, and it has repeatedly stated that when the newly licensed 100-watt station is up and running it would step aside. Rfb does not operate in defiance of government but rather from the belief of its members and listeners that community radio is essential to good government and democratic process. Radio free brattleboro has always stressed to the public and to the FCC that it will adhere to FCC guidelines and will serve the public whether licensed or not. Nevertheless, it is very much a surprise that the FCC has done an end run around the court here in Brattleboro and obtained a warrant from Burlington—even while diverting our attention by applying for summary judgment here. It has undertaken these clever maneuvers, in my opinion, not because it must shut down the station but because it can shut down the station. For there is no harm whatsoever being done by rfb, while there surely is harm being done to a civil society by the broadcast and cable and satellite conglomerates whose idea of serving the public is to process entertainment, information and advertisements for mass consumption, which is to say for no one at all. It’s a sad and disappointing day, but of course we will explore our options.”


--Z

[jimboloco]

just sent this out the the
newsroom@wmnf.org
amigo,
plus I got a new hampshire contact.

[hester_prynne]

As a volunteer radio programmer for KMUN here in Astoria I can't believe i've heard nothing about this on the news!

I sent the link to the station's yahoogroup. Will be an interesting day of discussion today on that board for sure, thank you for the link.

why isn't this in the news?


H

[Zlatko Waterman]

Hester:


Thanks for your comments.

Here's the web site for RFB:


http://www.rfb.fm/



It's interesting to peruse their schedule and program content. Also try their links.

Yes, I agree: Why isn't this on the news?


Refer to Mack White's graphic I posted on this "Culture" thread, "My tribute to US mass media . . .etc.?"

Where is Batman when we need him to swoop down? Being a kind of superhero "Hamlet" in his latest 150-million dollar incarnation, I guess . . .


Zlatko

[jimboloco]

Somebody should rent you a tux
viola
ZlatkoMan!

http://vickovic.eclipsedminds.org/

[jimboloco]

from Jozeph, Vets for Peace Vwermont/

Dear Friends:

Amazing. How about we ask soon to be, Senator Bernard Sanders, our current Congress person to intercede and help. Let his phone ring of the hook:
in state VT call 1-800-339-9834 or DC 1-202-225-4115. Also, consider letting other interested folk know and do likewise.

Jozef
http://www.metaphoria.org



FOR IMMEDIATE RELEASE
JUNE 22, 2005
12:37 PM
CONTACT: Radio Free Brattleboro
James Maxwell, Esq. 257-1299; Larry Bloch 254-9106



Radio Free Brattleboro Shut Down By FCC

At 6:58 this morning, June 22, 2005, armed with a warrant issued by a Burlington magistrate, United States Marshals entered the studios of radio free brattleboro and seized its broadcasting equipment. .........

:

Refer to Mack White's graphic I posted on this "Culture" thread, "My tribute to US mass media . . .etc.?"

do i have to go and lok for it? help me man. I don't spy it, i tried, really, what is the specific little link to that ?

Photos: When the FCC Takes Your Community Station
http://www.ibrattleboro.com/article.php ... 2115258893

[Zlatko Waterman]

Here it is, Jim:


http://www.studioeight.tv/phpbb/viewtopic.php?t=3811


and posted right beneath it is a comment by you . . .


--Z

[Doreen Peri]

Hi Zlatko!

You said

Radio Free Brattleboro, a radio station broadcasting what Bushco doesn't want to hear, was seized by Federal Marshals, all its broadcasting equipment confiscated, and shut down yesterday.

.... but I didn't read anything in the article you posted that referred to the exact reason for the shutdown. I don't think the government should have the right to shut down any radio station for any reason!!! What about the first amendment, for crissake?

Still, the FCC must have some stated reason for their shutdown.

What specific programming did they object to?

I guess I'll click the link to the radio station's site and see what I can find out.

If you know anything more about the FCC's stated reasons for the shutdown, I sure would like to hear what you know.

Thanks for bringing this to our attention!

[Zlatko Waterman]

Doreen:

There is a column of links at the radio station's site, on the left of the screen.

One of those details the whole narrative of their battle with the FCC chronologically.

Try clicking around there.


--Z

[whimsicaldeb]

I posted this in another catagory here at S8:
http://www.studioeight.tv/phpbb/viewtop ... 3262#23262

about Podcasting ...
Excerpt:

http://www.alexg.com/democratizing_the_media.htm

If you wanted to broadcast an alternative news program and all the TV and radio stations were owned by people that had opposite views from you, you were locked out, except for being able to have your own Web page. Unfortunately, only having a Web page meant that your audience had to be chained to a PC to read the information.

Finally a solution to this has arrived: Podcasting. Click here, http://en.wikipedia.org/wiki/Podcasting, for a description of podcasting, and how podcasting is different from radio broadcasting and webcasting (streaming media).

Podcasting will let you download all of the audio programs that you missed, and play them back whenever you want on an mp3 player. (Software keeps track of where you left off.) Using an FM adapter, you can even have your iPod or mp3 player transmit the audio to your car speakers so that you can listen while driving. In a very short time, you will be able to hear anything you want without the limitations of what your car or home radio are locked into.

Anyone, can podcast. Here's some information on how to do it yourself: http://www.podcasting-tools.com/how-to-podcast.htm

Podcasting is the great equalizer ... a revolution in the democratization of the media.


~~~~end excerpt

Found this tidbit today, and thought I'd pass it along. Personally, I think it's a great idea.

[Zlatko Waterman]

It is a great idea, Deb:


And several months ago--- I'm not sure just when, but it may have been as many as six (I'd have to look at my complete postings here) I posted a message-- I think I was responding to Doreen-- on the subject of Podcasting.

My message was quite detailed, and included at least one link. It was quite similar to yours.

My message was completely ignored at that time, as are many messages here at Studio Eight.


While I don't own any of this equipment--- not even a single "ipod", the whole proposal sounds great.

The horror of the Bush Administration is, for me, an entirely different matter, of course.



Zlatko


(p.s. I just found my "podcasting" message. It was posted Thursday, September 30, 2004.)

http://www.studioeight.tv/phpbb/viewtop ... podcasting



--Z

[whimsicaldeb]

Hi Zlatko,

I'm reposting your first post about podcasts here, in this thread because (imo) it fits! Perfectly. You know the old saying of 'when one door closes, another opens'

Posted: Thu Sep 30, 2004 7:28 pm Reply with quote



Joined: 19 Aug 2004
Posts: 615
Location: Los Angeles, CA USA

Dear Doreen and LR:

This innovation allows you to bypass conventional broadcasting, become a sort of one-person radio station, and "podcast" to 40 people . . .

(paste)

Is 'Podcasting' the next big thing?

"'Podcasting' is a term that is probably unfamiliar to most people, but it represents a real potential change in the radio landscape. A small group of enthusiasts has begun cobbling together a way to easily share homemade radio shows, eventually allowing people to reach large numbers of listeners by completely bypassing the current structure of radio. [...]

But Podcasting -- like blogging -- seems to combine the best of the Internet with the best of traditional media. It's a way for someone to create and distribute a show to 40 people. And it also would allow a media company to distribute audio content to millions."

(end paste)


Here is the link to the "Podlounge", where you can find more information ( on the "more info" link under "PodNews"):

http://www.ipodlounge.com/


Imagine. StudioEight "podcast" selectively to an interested audience. Like handing out copies of a literary magazine with low distribution costs . . .well . . .the possibilities are fascinating . . .


--Zlatko

What I like about podcastings/podcasts is the ease of listen, as well as the expansion of listening. This is like TeVo - for radio programs. Podcast's would allow me the luxury of being able to download and listen to any broadcast, whenever! I'd not longer be tied to a radio stations set time table, or programming – and all without the need of eliminating their set time tables and/or programs. What I would call a win/win situation.

With podcasts, I can pause a braodcast when needed; and re:listen as many times as I’d choose. I could receive email updates with mp3 attachements of weekly or daily programs I want to follow, all without having to worry about missing anything due to scheduling conflicts – and withthout having someone else telling what I should or should not be listening to, and when.

I like that …

And what this represents, is a deeper application of what Judih found and posted about her in the culture section: Ontology is Overrated: Categories, Links, and Tags
http://www.studioeight.tv/phpbb/viewtopic.php?t=3868

What podcasting can do – is be what we’ll be using, thus eventually removing our need/reliance on the existing hierarchy; such as what Clay Shirky touches upon in his article, that Judih posted a link back to above in the section File Systems and Hierarchy

It's easy to see how the Yahoo hierarchy maps to technological constraints as well as physical ones. The constraints in the Yahoo directory describes both a library categorization scheme and, obviously, a file system -- the file system is both a powerful tool and a powerful metaphor, and we're all so used to it, it seems natural.



[ Hierarchy ]

There's a top level, and subdirectories roll up under that. Subdirectories contain files or further subdirectories and so on, all the way down. Both librarians and computer scientists hit the same next idea, which is "You know, it wouldn't hurt to add a few secondary links in here" -- symbolic links, aliases, shortcuts, whatever you want to call them.



[ Plus Links ]

The Library of Congress has something similar in its second-order categorization -- "This book is mainly about the Balkans, but it's also about art, or it's mainly about art, but it's also about the Balkans." Most hierarchical attempts to subdivide the world use some system like this.

Then, in the early 90s, one of the things that Berners-Lee showed us is that you could have a lot of links. You don't have to have just a few links, you could have a whole lot of links.



[ Plus Lots of Links ]

This is where Yahoo got off the boat. They said, "Get out of here with that crazy talk. A URL can only appear in three places. That's the Yahoo rule." They did that in part because they didn't want to get spammed, since they were doing a commercial directory, so they put an upper limit on the number of symbolic links that could go into their view of the world. They missed the end of this progression, which is that, if you've got enough links, you don't need the hierarchy anymore. There is no shelf. There is no file system. The links alone are enough.



[ Just Links (There Is No Filesystem) ]

One reason Google was adopted so quickly when it came along is that Google understood there is no shelf, and that there is no file system. Google can decide what goes with what after hearing from the user, rather than trying to predict in advance what it is you need to know.

Podcasting is like Google; an adaptation to an every changing and growing situation; where our needs are growing beyond the current FCC (etc.) hierarchy, which served it’s purpose well – but is no longer needed, as is – and I think it’s the wave of an up & coming future. Before long – it’s going to be as natural as ‘Googling’ is ... because it's natural, rather than based upon false or inflated predictions.

Anyway ... this is my LONG posting of my opinion on the subject. I apologize for the length of my reply. I guess the idea of getting podcasts excited me, and then I get to talking (and talking).
~Deb

[Zlatko Waterman]

This is great stuff, Deb:


And by the way, I shouldn't have said my "podcasting" post was ignored, since Doreen responded. I should have said " generally ignored" or "ignored by the majority of StudioEight members." I apologize.


I like your diagrams and your discussion.

All this reminds me of something I read in the Redlands University

http://www.redlands.edu/


literary magazine from 1982--- a colleague ( young colleague) of mine gave me this while I was still teaching:


"When you reach a new town, be sure to meander" ( was the advice in one of the articles in the literary mag about education).


This also puts me in mind of the Situationists, brought to my attention by my good friend and fellow Studio Eight member, "lescaret".

"Lescaret" introduced me to the idea of the "derive", which the Frenchies advocated as a way of truly exploring in an imaginative way-- not in a linked hierarchy or according to some preconceived ontology.

http://www.geog.leeds.ac.uk/people/a.ev ... ogeog.html



This also goes along with the idea of the "Datacloud"

http://people.clarkson.edu/~johndan/dat ... 00840.html


It seems to me that the Web provides some weirdly feeling possibilities, beyond the "My God, They're taking over!" alarm about cybernetic space and ontologies.

Certainly William Gibson manages to factor in voo-doo ( or voudou) and a lot of other things along those lines in his fiction and metafiction.



Zlatko

[whimsicaldeb]

I should have said " generally ignored" or "ignored by the majority of StudioEight members." I apologize.

Oh ~ no need for an apology, I wasn’t offended. But, you can’t really know for a fact that your postings were ignored ~ even as you may wonder. And then, even if it's so; was it by design, or accident, or circumstance? Or perhaps because various ‘whomevers’ didn't know what to say, or how best to respond and so, don't? Or even, if after reading, they had nothing to say, or add and so said nothing.

Lack of responses can mean many things …each as diverse as the person who’s read the posting (or not!).

To me, message boards are like 3-legged dogs; no matter how fun and wonderful and loving ~ there’s always something lacking; and it’s a something that can’t be fixed – even if it was desired ~ and all that’s as it should be. .

Excerpt from the link you provided ...
http://www.geog.leeds.ac.uk/people/a.ev ... ogeog.html

... to dérive was to notice the way in which certain areas, streets, or buildings resonate with states of mind, inclinations, and desires, and to seek out reasons for movement other than those for which an environment was designed.

Yes !!!

to derive,
meandering ...

through FCC closures
podcastings
and replies to posts
either seen
and posted
or not

.... all fits