In early 2009, Laura Smith (formerly of Shulman, Rogers, Gandal, Pordy, and Ecker) took over Riley Hollingsworth's position at the FCC.
One positive development is an email written by Ms. Smith, to Mark Morgan, KB9RQZ, stating her belief that the FCC has no intention of regulating the Internet. This is good news for FCC licensees who may have feared they would be penalized for speaking frankly on the Internet.
In one such case, the email referenced above was immediately seized upon by William F. Crowell, W6WBJ. According to a motion by Crowell, the FCC has apparently stated their intention to examine his "character" based on the content of his Internet postings, which is something Crowell has objected to. His motion, is apparently an attempt to use Ms. Smith's email as prima facie evidence that the FCC does not regulate the content of Internet posts.
Ms. Smith came under fire in February and March, regarding what some called her 'shoot from both hips' approach to enforcement. Amateurs bemoaned the fact that Ms. Smith began acting on complaints from the infamous Canadian, Karol Madera, and his 'tinfoil hat gang,' who barraged her with numerous tapes and unfounded accusations against licensees whom Madera has routinely attacked and defamed. To the best of our belief, none of the complaints were valid, and all have been dismissed.
Madera is often jammed by unidentified stations who play music and noise effects in order to drown out his transmissions. There is no proof that any station Madera has ever named has taken part in the jamming. All of the stations Madera has named as perpetrators of the jamming identify their stations in a legal manner. The owners of the radio stations have been critical of his speech, racism, anti-semitism, sexual solicitations, the technical defects in his transmissions, playing of tape recordings, and international distress signals, and in retaliation, Madera has defamed them since 2005.
The more things change, the more they stay the same. Ms. Smith quickly learned that she could not trust the submissions made by Karol Madera and company, and she stated as much, in writing. This is something that Riley Hollingsworth also quickly discovered. In fact, shortly after encountering Madera, Mr. Hollingsworth disregarded communications from Karol Madera, and anyone associated with him, due to their proven lack of credibility.
In March, a potentially embarassing email, written by Ms. Smith, was sent to two FCC licensees, concerning official Commission business. The email quickly surfaced on the Internet, at blogs operated by Mark Morgan and Todd Daugherty. Online repartee referred to Ms. Smith's communication as a "1,000 word rant" that one reader described as "PMS on Steroids."
According to our tips line, complaints were made to the FCC hierarchy regarding Ms. Smith's email, which has been termed "horrifying" and "abusive" by one present, and one former FCC employee, who both asked to remain anonymous.
Conversations we have monitored on-air, have referred to the email as 'The Laura Doctrine' and many are hailing it as "a victory for free speech." Her remark about Karol Madera's diatribes, "Nothing I have heard thus far rises to the level of an actionable complaint" is now being interpreted as "anything goes" where speech over amateur radio is concerned.
The speech Ms. Smith refers to, in her email, concerns Karol Madera's use of his radio station. Madera often uses phrases like, "Would you like to suck my cock?" He usually follows this with, "Better yet, I'd rather have your daughter suck my cock, as long as she's 14..."
If Karol Madera's language is legal and perfectly acceptable over amateur radio, we wonder how many parents will allow their children to become licensed amateurs.
Another infamous remark, made by Karol Madera, was aimed at a serving police officer, in uniform. Madera told him, "May a Darky blow your head off, but may it be light enough so that you can see the flash."
Madera, who is a citizen of Canada, has also advocated the murder of RCMP officers, saying, "sometimes that has to happen," and he has also said that Judges who sentence the wrong man to death, should be shot. Madera has regularly made various anti-semitic and racist remarks, often mixed with violent content.
In fact, Karol Madera has a well-documented history of violating almost a century of amateur radio tradition, but, according to Ms. Smith, although Madera's speech is "obnoxious," and "a sure sign of a lack of insensitivity (not to mention maturity)" it "does not necessarily rise to the level of obscene speech."
Likewise, wishing Americans "more roadside bombs," calling on al Qaida to "shove American's teeth out their assholes," and calling President Obama a "voodoo reasoning jigaboo" is also (apparently) a perfectably acceptable (and legal) use of language, on Ms. Smith's watch.
Laura Smith, who has visited this website, and heard our audio recordings, had this to say about Mr. Madera:
"Indeed, were Karol an American, his speech would fall squarely under the 1st Amendment -- you know that thing many of our forefathers fought and died for (not to mention our troops overseas right now). When you call yourself patriotic, built within that statement is the acceptance of the Constitution and all it entails -- free speech is one of the cornerstones of that fine document. It doesn't mean only the speech YOU agree with; or only the speech that the majority of folks agree with; or even only speech that isn't offensive to most mature, rational adults. It means ALL speech -- the good, the bad, and yes, even the ugly (as Karol is quite often want [SIC] to spout). (Ok, before you decide to shoot back at me -- yes, there are some types of speech that are restricted. No shouting fire in a crowded theatre or hate speech -- but those are clearly defined by the courts and nothing Karol has said thus far falls into those categories.)"
Extrapolating from Ms. Smith's analysis of Madera's speech, It is, therefore, our understanding that words such as "asshole, shit, piss, tits, cocksucker, motherfucker, balls, cunt, faggot, fuckhead, dickhead, blowjob, and cornholer," are also perfectly acceptable, under 'The Laura Doctrine.' Advocating the violent murder of American citizens, police, and federal agents, as well as calling on, and affiliating with our enemy, al Qaida, would presumably, also be acceptable, under Ms. Smith's understanding of Part 97.
Madera regularly advocates Nazi principles such as Eugenics, Lobotomies, and Euthanasia. According to Laura Smith's email, we must conclude that it is now considered permissible for FCC licensees to state that "hooknosed, bipolar, mentally defective, swarthy jews, should have their appendages cut out, lobotomies performed, and sterilization, eugenics, and euthanasia performed on their persons, and their offspring."
We agree that 1st Amendment issues should be carefully guarded, indeed they should be sacrosanct -- but is all of the above truly a legal and acceptable use of the radio spectrum in the United States -- falling squarely within the 1st Amendment, Part 97, and the Basis and Purpose of Amateur Radio? Ms. Smith's email has left us all shaking our heads and wondering. We wonder too if Julius Genachowski, Michael Copps, and the Full Commission, will agree with Ms. Smith.
After graduating from Pepperdine University School of Law in 1990, Ms. Smith began working for the Federal Communications Commission. Ms. Smith worked in the FCC's Mass Media Bureau and Wireless Telecommunications Bureau during her tenure at the Commission, including serving as the Deputy Division Chief of the Public Safety and Private Wireless Division.
Ms. Smith joined the Industrial Telecommunications Association (ITA) as Executive Director of Governmental Affairs in 1998. In that role, Ms. Smith monitored FCC and legislative proceedings on behalf of the membership and participated in all regulatory proceedings relevant to the private wireless industry. In 2001, Ms. Smith became the President and Chief Executive Officer of ITA. Ms. Smith rejoined the FCC in 2009.
Areas of Practice: Telecommunications; FCC Application Preparation
Bar Admissions: Virginia
Education: Pepperdine University School of Law, Malibu, California, 1990 J.D
See our Audio Repository for a few more examples of what Ms. Smith has found to be an acceptable use of amateur radio.
We previously reported that several readers had signaled their intention to send complaints regarding the FCC Special Counsel Ms. Laura Smith, to the United States House Energy Subcommittee on Communications, Technology and the Internet. Apparently, complaints were mailed, to the Subcommittee, and others.
We also received accompanying copies of complaints sent to Acting FCC Chairman Michael J. Copps, Michele Ellison, Jacob Lewis, and FCC Inspector General, Dr. Kent Nilsson. We will publish copies of further complaints, next week. Without further ado, here is the latest letter, as received.
The following letter reflects the author's opinion, and frustration, with what he calls, "business as usual" at the FCC.
The ARRL reports the FCC has done "literally nothing" to comply with the ruling by the US Court of Appeals for the District of Columbia Circuit, regarding BPL.
Is this a surprise?
President Barack Obama says he wants federal agencies to find cost savings of up to 100 million dollars. The President expressed concern about a "confidence gap" with the American people.
"We've got to earn their trust." He said. "They've got to feel confident that they're dollars are being spent wisely."
Unfortunately, a number of professional accountants have calculated that President Obama's proposed savings of 100 million dollars would pay off only about one day of interest on the country's massively bloated federal debt.
In December, 2008, a Congressional report on the FCC, appropriately titled, "Deception and Distrust" chronicled what the authors called "egregious abuses of power" stating that the FCC "...manipulated, withheld, or suppressed [agency] data, reports and information."
Committee Chairman John Dingell of Michigan announced, "the findings suggest [...] the FCC has operated in a dysfunctional manner and Commission business has suffered as a result."
A month later, in January, 2009, in response to public concern about transparency at the FCC, Michael J. Copps said the FCC should answer to the public and not just corporate interests.
Copps proposed safeguards that will "make the FCC more transparent, open and useful to the stakeholders that we serve. And when I say stakeholders, I include not just the industries that we regulate but, more importantly, all citizens -- and here let me once again underline the word all."
Did the FCC's Laura Smith get Michael Copp's memo? Apparently not.
Smith's email of March, 2009 to two Arizona amateur operators exemplifies everything that's wrong with some of the attitudes in the federal government. Not all of the attitudes, mind you. Some federal employees are competent and dedicated public servants.
However, Laura Smith's email, and her complete and utter failure to publicly apologize for her abusive rhetoric, is the kind of mean-spirited, arrogant, big government, holier-than-thou, talking-down-to-the-citizenry, CRAP that President Obama should attempt to completely purge from government, if he really wants to avoid widening the "confidence gap."
It's not just the blatant appearance of nepotism involved in Smith's hiring. Her husband and father-in-law both work/ed for the FCC, leading to an appearance of impropriety, at the very least.
It's not the fact that she doesn't qualify for the most basic amateur radio license, yet she's tasked to exhibit expertise about the service.
It's not the fact that she appears to lack subject matter competence when it comes to analyzing the technical matters required to do her job properly.
It's not even the lack of punishment involved in the Indianapolis Police Department Radio Scandal, that frankly stinks to heaven.
It's not any of those things. Rather, it's her smug, condescending, abusive treatment of taxpayers and other FCC stakeholders that makes Laura Smith a DUD in her role as Special Counsel.
Laura Smith is ham radio's new poster child for what's wrong with the federal government. Smith represents exactly what Michael Copps, John Dingell, the Subcommittee on Telecommunications and the Internet, and Barack Obama were all talking about.
The lack of confidence in government -- the gap many of us see and lament on a daily basis -- can be summed up by pointing frequently to those few insulting sentences written by Laura Smith of the FCC Enforcement Bureau:
"I sure wish we could regulate stupidity -- but it just isn't within the current confines of the rules. If it were, every single one of the actors here would be slapped with a fine just for being stupid/gullible and wasting my time..."
(signed) Laura L. Smith, FCC Special Counsel, March, 2009.
Something tells me Laura Smith's email wasn't the kind of "transparency, service to the public, and service to all stakeholders" that FCC Acting Chairman, Michael J. Copps had in mind.
I can't imagine why Laura Smith is still on the FCC's payroll. Maybe it's just to remind us that talk is cheap, and cheap shots made via email are even cheaper. By now it should be abundantly clear, that if President Obama's really serious about cutting costs, the FCC has some low-hanging fruit, just ripe for the picking.
[The letter above and accompanying complaints to the FCC and Congress were made available via the author and should also be available via FOIA.]