PIRATE RADIO: FCC vs. KNOZ

“Don’t we pay our taxes for y’all to protect my first amendment rights?” Will Major shouted back at the armed federal agents as he barricaded himself in the offices of KNOZ-LP FM in midtown Sacramento, California on January 11th, 2005. Will Major is part owner, along with Dawana Griffin and John Haro, of the fledgling “micropower” radio station that is making big waves in the streets and on the air. KNOZ-LP at 96.5 FM plays a format of only independent rap, hip-hop, and R&B, and has a broadcast range of about seven miles. “You definitely won’t hear Chingy or Nelly on our station,” says co-owner John Haro. “We hear enough of them on Sacramento’s other two so-called hip-hop stations.” Sacramento holds a rich radio history, and birthed the career of radio talk show host Rush Limbaugh. Prior to KNOZ, the Sacramento airwaves hosted three “urban” radio stations: KHYL 101.1 (R&B and oldies), KSFM 102.5 (“lite” hip-hop, such as Justin Timberlake and Kanye West), and KBMB 103.5 (also “lite” hip-hop). “We understand why [the corporate stations] imitate each other,” says KNOZ co-owner Dee Griffin. “They’ve figured out a way to sell spins on a corporate level. If you hand the money directly to a DJ, that’s payola. That’s a felony.”

The idea for KNOZ was born in February 2004 when MajorScreenWorks owner Will Major (www.the916.com) explored ways to grow into other forms of media while staying connected to independent artists. After interviewing Rap Coalition founder Wendy Day (www.rapcoalition.org), Will learned that the key to regional music marketability was airplay. “I think every independent record label should own their own micropower FM radio station. It’s the only way to get your music heard without selling your soul,” Will says. He researched “micropower” radio stations, scouring the FCC’s website (www.fcc.gov) for information. “We called the FCC’s media department,” says Will. “We were told that we needed to file a low-power radio station construction permit. This LPFM-318 permit can only be filed during a filing window. There hasn’t been a filing window since the spring of 2000. Another filing window might open in the spring of 2006.” Will, Dee, and John consulted with micropower radio advocate Stephen Dunnifer, the owner and founder of Freeradioberkley.org. Stephen explained that free speech is protected by the First Amendment, so Congress forced the FCC to allow micropower FM broadcasts. However, the application process for a micropower broadcasting license is not only impossible but also invisible. The FCC is not obligated by law to inform or announce the dates of the filing window for permits to anyone. Will contacted the media department of the FCC in Washington, D.C., and was told that if he completed the LPFM-318 permit, kept it on file at their offices, and abided by the rules and regulations of LPFM-318 broadcasting, they could safely operate until a window opened – provided that there were no complaints filed. On May 19th, 2004, KNOZ-LP began broadcasting on 96.5 FM.

“Now, things are a lot different around here,” says Dee Griffin, speaking in hushed tones while peering through the blinds. “We used to have a real open-door policy. Kids could come up to the door with CDs burned right from their home computer and we’d put them on the air. Now, it’s like Fort Knox. Too many spies and informants out there.”

In their seven months of operation, the non-profit radio station has hosted a basketball tournament and concert, donating the proceeds to local after-school literacy programs. They participated in an internship program for “at risk” youths in the area, and co-sponsored a voter registration concert with the NAACP on the steps of the State capitol building. “Remember, we did all this without one single dime of financial assistance. As a micropower station, we’re not allowed to sell advertising,” says John. “We just got our hustle on in a major way.”

In December 2004, rumors began to circulate about an engineer at a local FM radio station, David “Jammer Dave” Fortenberry. He is a self-proclaimed FCC watchdog, although he is not certified, licensed, empowered, or authorized by the FCC. Jammer Dave heard that there was a new “pirate” radio station in Sacramento and launched his own private investigation. “Correct me if I’m wrong, but at best it’s harassment, and at worst, it’s a violation of my civil rights!” exclaims Will Major. Jammer Dave conduced his own campaign of surveillance on the radio station, even photographing and sneaking around the property late at night. Radio station staff and DJs began getting mysterious phone calls. Dave posted the results of his investigation on several websites, adding, “I wonder if their clients know they aren’t legit?” On these websites, even Dave noted that he was surprised to find the staff so open and cooperative.

On January 3rd, 2005, Dee received a call from the FCC in response to several complaints about a “pirate” radio station. Dee explained that the station was in compliance was the LPFM-318 broadcast regulations, as recommended by the FCC’s media department. The FCC assured Dee that if anyone else called to complain, she would refer them to KNOZ’s management directly. Two days later, two agents from the FCC’s San Francisco offices, Glenn Phillips and Thomas Hora, came unannounced to inspect KNOZ’s facilities. They informed the station’s management that if they did not shut down immediately, they would be facing penalties, including a $10,000 fine, one year in jail, and confiscation of broadcasting equipment.

“Who would complain?” Will asks. “We’re completely in compliance with the LPFM-318 broadcast regulations. Only a hater would complain about us.” Will later discovered that Jammer Dave wasn’t the only snitch. Sacramento News & Review writer Cosmo Garvin investigated KNOZ’s plight. In his article “Everybody KNOZ,” Garvin noted, “The FM channels immediately adjacent to KNOZ on the FM dial are vacant. The closest neighbors are 96.9 The Eagle and 96.1 Mix 96. Representatives for each of these stations said they were not aware of any interference or listener complaints related to KNOZ, and each said they had nothing to do with the FCC action. But at 103.5 The Bomb, station manager Larry Lemanski said his station did file an FCC complaint. The Bomb is a hip-hop and R&B station owned by Entravision Communications, one of the nation’s largest Spanish-language radio networks.”

“It felt like someone knocked the wind out of me when I read that 103.5 KBMB’s station manager Larry Lemanski was behind the FCC’s harassment of KNOZ,” says Will. “Naturally, you’d expect that your competition would sink to any level to crush you. But 103.5 calling the FCC on us? That’s a perfect case of the pot calling the kettle black. I had nothing but respect and admiration for 103.5 KBMB’s operation. I admired their business so much that I patterned my startup radio station after theirs.”

“Why does Larry Lemanski suddenly care about Sacramento hip-hop?” asks John Haro. “It’s no secret that The Bomb does not play any local artists, so we’re not a threat to their ability to break new music. We don’t sell on-air commercial spots, so we’re not a threat to their profits.” Of the 54 national radio stations that Entravision owns, only three of them are English-speaking stations. Sources say that The Bomb plans to change its format in 2005 to salsa/reggaetone. The possibility of a format change is reinforced by the fact that Lemanski personally fired over half of their on-air staff in December. “If [the FCC’s] laws aren’t enforced,” counters Lemanski, “Anybody could go on the air with their own station. From a business standpoint, that’s not a good thing.”

For now, KNOZ is staying on the air and keeping the FCC at the gates. “I refuse to stoop to their level,” says Will. “There are some things I just won’t do. I would never use State or Federal authorities to keep a man from feeding his family. In the world of hip-hop, a federal informant or snitch is the lowest form of life, next to child molesters and cannibals. It’s better to die on your feet than to live on your knees.”