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.”
