Now They Tell Us: FCC, Congress Rethinking Enforcement Drawdown?

Radio World revealed earlier this month that the acting chief of the Enforcement Bureau, Michael Carowitz, held a videoconference with members of the Bureau’s field-agent staff. The call revealed that the FCC’s downsizing of its enforcement resources has begun, with 11 field offices closed over the last several months (Anchorage, AK; Buffalo, NY; Detroit, MI; Houston, TX; Kansas City, MO; Norfolk, VA; Philadelphia, PA; San Diego, CA; Seattle, WA; Tampa, FL; and San Juan, PR) and 14 remaining open.

At present, that leaves just 34 field agents covering the entire country – this includes one of two roving “Tiger Teams” of agents organized to backstop the decimated staff in-residence. That’s almost a cut of half from the prior force of 60 that spanned the nation. It’s also important to keep in mind that these agents are responsible for enforcing all FCC regulations, not just the broadcast license requirement. Read More

FCC Anti-Pirate Enforcement in 2016: Symbolic Inflationism Ahoy


A surprising uptick in the Enforcement Action Database for 2016: 201 total actions were logged last year, which is up from the prior two years. Furthermore, the frequency of threats of fines and actual fines against unlicensed broadcasters also rose: 9 NALs issued for a total of $155,000, and 5 forfeitures handed out for a total of $65,000. We haven’t seen numbers this large since 2014.

It gives some statistical credence to recently-former FCC Chair Tom Wheeler’s assertion that, despite the agency’s admittance that its license-enforcement protocol is effectively broken, it hasn’t ceded the field entirely. Unfortunately, statistics can be fudged, and the FCC’s done that well in the last year. Read More

Digital Radio: Norway and U.S. Pursue Different Paths, Yet Share Uncertainties

There’ve been some interesting developments in the digital radio realm over the last couple of months. The one that’s gotten the most press is Norway’s decision to begin shutting down its FM radio stations in favor of its DAB/DAB+ digital radio network. This has been a long time in coming, first proposed in 2015 by the Norwegian government and with buy-in from the country’s national broadcasters. That’s an important point, because the FM-shutdown, as reported in various press outlets, insinuates that all FM broadcasting in Norway is being silenced immediately.

Not true: the shutdown of stations that began this month, and continues incrementally throughout this year, only affects the country’s national broadcasters; local FM stations have at least another five years on the air before they, too, may be asked to cede the analog airwaves. A lot can happen in those years…at present, the popular sentiment in Norway about the FM shutdown is running 2-to-1 against it, especially as the analog stations disappear, their coverage areas are not served by DAB/DAB+ to the same extent as they were with plain ol’ FM, and Norwegians find themselves forced to buy digital receivers to stay engaged with radio.

It comes as no surprise that American journalists, seeing themselves at the center of the universe, would pose the question: could such an analog/digital shutdown happen here? If they were more knowledgeable about the digital radio technologies that exist they’d know the answer is no, as the U.S. has elected to use its own homegrown and proprietary digital radio technology, whose adoption is entirely voluntary. There’s also the fact that Norway only has a population of five million people — equivalent to the state of Wisconsin – and navigating a shutdown in a nation with 64 times the residents means an entirely different transition-mechanmism, which hasn’t even been seriously consered by any constituency here. Read More

Nodes of Resistance: Sampling the Haitian Diaspora via FM+Internet

17 years ago(!), I left a budding career in radio journalism out of disgust with the trajectory the industry was taking. The break-point came when the National Association of Broadcasters and National Public Radio teamed up in Congress to conduct a disinformation campaign designed to eviscerate the FCC’s then-newly proposed LPFM radio service.

However, A few months before I actually quit my job, I acquired all the components necessary to start an unlicensed microbroadcast station. “System P” was a 40-watt frequency-agile FM rig that used a portable military surplus antenna mast to conduct tactical broadcasts from a wide variety of locations. You could often hear the station in Madison, Wisconsin, primarily on evenings and weekends; but since the station was mobile much fun was had taking it to peoples’ homes and public events around the country to give the public a more substantive appreciation of the ease by which it could make “the public airwaves” very real.

Another key element of System P was to provide a last-mile node for what was then quite an experiemental webcast-activism scene (today commonly known as “livestreaming”). These often manifested in Independent Media Centers during times of protest, most notably against corporate global trade deals. Activists would converge on a city to fill the streets in order to disrupt the negotiation of these agreements, and the media coverage would invariably skew toward painting the activists as violent thugs and police/other security forces as the guardians of order. But when activists gained the ability to counteract this narrative – oftentimes by live reports from the streets directly – the discursive dynamic around these events changed. Read More

iHeartMedia, Cumulus Go Debt-Offensive

How many ways can you keep debt at bay? Does non-payment sound like a viable option? Perhaps not if you’re just a mere flesh-and-blood human, but the corporate beast’s a special class.

Over at iHeartMedia, $250 million of the company’s $20+ billion debt came due last Thursday (December 15). In a surprise move, the company announced two days before that it would only be paying back just $192.9 million of these notes and foregoing the rest.

The reason? This debt constitutes money that various subsidiaries of iHeartMedia owe to each other. In addition, these particular debt instruments contain a provision that, should the total debt held between these entities fall below $500 million, it would trigger a “springing lien.” This is a fancy term for extra payments owed to debtors as an incentive for giving the conglomerate a nice line of credit.

By witholding $57.1 million of these payments, iHeartMedia’s total debt in this instance doesn’t fall below the threshold, and thus the company can avoid making the bonus-payments to creditors. To stymie any objection to this ploy, iHeart went to the friendly Bexar County, Texas courts and filed a flurry of paperwork last Monday (to give you an idea of how complex its debt structure is, there 11 petitions in all, involving six Clear Channel iHeart subsidiaries), asking a judge to declare this practice kosher. Read More