Legal wrangling continues over whether Radio Free Brattleboro (Vt.) will return to the air

Broadcasting/ Low Power FM
Legal wrangling continues over whether Radio Free Brattleboro (Vt.) will return to the air
By The Associated Press
Jun 20, 2005, 08:44

ORIGINAL ARTICLE LINK (Rutland, Vt. Herald):
http://www.rutlandherald.com/apps/pbcs.dll/article?AID=/20050620/NEWS/506200375&SearchID=73212749675049

Prosecutor wants judge to rule on rfb

June 20, 2005

The Associated Press

BRATTLEBORO - Legal maneuvering is continuing over whether an independent radio station should be permitted to continue broadcasting in Windham County.

An assistant U.S. attorney wants a judge to order radio free brattleboro, also known as rfb, off the air immediately. The station, which does not have a license, argues that would be premature because there are still factual disputes that need to be settled.

If prosecutor Michael P. Drescher's request is granted, it could mean rfb would have to go off the air before another community radio station begins broadcasting.

The station has promised to turn off its signal once an alternative goes on the air. Another project with Federal Communications Commission backing is in the works.

Backers of rfb say the station has tried to get permission from the FCC to broadcast, but the government isn't giving licenses to 10-watt stations.

James Maxwell, the Brattleboro lawyer representing rfb, wrote in his response that it's questionable whether "an agency that does not issue licenses for certain activities it nevertheless claims jurisdiction over can demand a license from the allegedly unlicensed actor."

Drescher said in his response to Maxwell that what rfb is doing is illegal, and the station should be shut down.

"This argument is logically akin to saying the government cannot prevent 15-year-olds from driving because it does not issue licenses to 15-year-olds," Drescher wrote. "This argument also overlooks the fact that the FCC cannot, as a matter of law, authorize rfb or its principals a 10-watt station."

The request comes as rfb is preparing to stop broadcasting when Vermont Earth Works Inc. begins broadcasting its 100-watt radio station at 107.7 FM. The Dummerston company was given the right to build by the FCC in March, and has said it will model itself after rfb.

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