PIRATE Act Sets Sail in House

In May, Rep. Leonard Lance (R-NJ) introduced the “Preventing Illegal Radio Abuse Through Enforcement Act,” otherwise known by the acronym PIRATE Act. The bill makes several changes to existing FCC regulations regarding unlicensed broadcasting:

1. The maximum monetary penalty that can be assessed for unlicensed broadcasting on the AM and FM bands is increased from an aggregate maximum of $100,000 to $2 million, and can be doled out in increments of $100,000 per day. These fines can be issued against the pirate broadcaster directly, or against any entity that “knowingly and intentionally facilitates pirate radio broadcasting.”

“Facilitates” is defined as “providing access to property (and improvements thereon) or providing physical goods or services, including providing housing, facilities, or financing, that directly aid pirate radio broadcasting.” This hearkens back to a historical precedent set by European laws in the 1960s that attempted to outlaw offshore pirate radio by making it illegal to supply and advertise on the station-ships and platforms operating in international waters. Read More

FCC on Pirate Radio: From Paper Tiger to Puffer Fish

At the 2018 NAB Show in Las Vegas last month, FCC Chairman Ajit Pai highlighted the agency’s extensive efforts to combat unlicensed broadcasting. In addition to announcing that, in 2017, the agency issued “210 Notices of Unlicensed Operation” (I can only confirm 171), Pai said the agency “fined illegal broadcasters $143,800” (it’s actually $158,800) and “proposed fines totaling $323,688” (it’s actually $204,344). He also mentioned the recent raid of pirate stations in Boston, and reported “that we recently took similar action against a pirate operator in Miami and another operator in Queens, New York.”

Considering that station-raids tend to generate a lot of publicity, both among local media in affected markets and in the radio industry trade-press, I was surprised that the Queens and Miami raids have not been reported on at all. This may be because they didn’t actually happen – or happened on dates and at times that don’t fit Chairman Pai’s narrative. In addition, further information has come to light that casts doubt on just how effective the FCC’s recent activity in Boston really was.

First, let’s break down the Queens case. This involves a guy by the name of Jose Luis Gerez and a station he used to run (and actually may still be running) called “Mambo FM.” According to an unsealed complaint dated last November, this station first appeared on the FCC’s radar in July 2013, when agents in the New York field office observed “what appeared to be an unlicensed broadcast station operating at 95.1 MHz in Queens, New York.” They tracked the signal to an apartment building on Gleane Street, less than a three-mile drive from LaGuardia Airport. After interviewing the superintendent of the apartment building, agents found an FM antenna on the roof with a coaxial cable running into the basement, where a transmitter and desktop computer providing the station’s programming was found. Agents sent a Notice of Unlicensed Operation to the property-owner, who subsequently reported that the station had been removed from the premises. Read More

Raids, Bills, Staff Moves: FCC Enforcement Changes Afoot?

The Federal Communications Commission is making new moves to demonstrate the seriousness with which it takes the “problem” of unlicensed broadcasting. This is being reflected in several ways, including the deployment of more tools in field enforcement, legislative activity, and staff changes.

First, enforcement: on Monday, March 26 the agency, in conjunction with Federal Marshals and the Boston Police Department, conducted two station-raids and equipment seizures. Both stations were effectively co-located on the same block of Blue Hill Avenue in the Dorchester neighborhood, which is populated by two-story structures with businesses on the ground floor and apartments above, as well as an old theater which now houses a Baptist church.

In reality, this was an easy two-fer for the FCC: minimum effort expended for maximum impact. The court complaints make for interesting reading. (All publicly available documents involving previous enforcement actions against these stations can be found in our Enforcement Action Database.) Read More

FCC Getting Shady With Anti-Pirate Enforcement?

When it comes to pirate-hunting, the FCC’s off to a relatively sedate start in 2018. The total number of enforcement actions reported so far for January stands at 15, which is six more than were reported in 2017, but equal to the number reported in 2016, the final full year of previous (Democratic) chairman Tom Wheeler’s tenure. So far this month there have been eight actions, as opposed to 11 in February 2017 and 12 in February 2016.

Many of these cases originated last year. The most notable at present is the case of “Gerlens Cesar,” who was sent a Notice of Unlicensed Operation earlier this month for operating four pirate stations on two FM frequencies in Boston and its surrounding suburbs. Interestingly, a principal by the name of “Cesar Gerlens” has already run afoul of the FCC – having received multiple visits and warning-letters in the latter half of last year – some of which named additional collaborators – for operating unlicensed stations in the Boston area.

I e-mailed the chief of the FCC’s Enforcement Bureau, Rosemary Harold, to ask about this apparent discrepancy: had the agency mistakenly transposed the first and last names of the principal in this case, or are there two distinct individuals who just happen to share identical name-elements working in Boston? So far, no response, but also no correction from the agency. In any case, Cesar Gerlens/Gerlens Cesar seems a likely candiate for a negotiated forfeiture-settlement similar to the one worked out with a prolific pirate in Florida last moth, if/when the agency consolidates the information gleaned in this case. Read More

HD Radio Still in Stasis, But Has New Friend at FCC

2017 came and went with no great movement in the HD Radio space. According to FCC records, fewer than 2,000 FM stations have received authorization to broadcast in HD, which represents an adoption rate of 15% – a number that has not changed significantly during this decade.

On the AM side, although some 240 stations (5%) are authorized to broadcast in HD, this curated list shows that about half of them have abandoned the protocol. Penetration of HD receivers into the automotive space remains at just under half of all new cars sold in the United States and there’s still no meaningful market for non-automative portable receivers.

Yet the broadcast industry would rather you believe that HD is thriving. A new “e-book” from the folks at Radio World, New Directions for HD Radio, contains useful information about ways to optimize the system, including making sure that the analog and digital signals are properly time-aligned, the necessity of seamless audio processing across the airchain, and National Association of Broadcasters effort to standardize the broadcast of metadata on HD signals. One would think those core operational principles would’ve been hammered out nearly twenty years ago when the technology was first authorized for deployment, but it was more important to the industry to make a digital beachhead on the airwaves than it was to deploy something that worked out of the box. Read More