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

Coloradans Push Back Against Anti-Pirate Bullying

FCC Commissioner Mike O’Rielly doesn’t seem to be getting the kind of publicity he hoped for after taking a hyperlocal news outlet in a suburb of Boulder, Colorado to task for reporting on the existence of a pirate radio station there. The Longmont Observer ran a short piece back in December noting the existence of Green Light Radio, the FCC’s protocol for shutting such stations down, and ending with the statement, “In the meantime, enjoy Longmont’s pirate station while it lasts.”

This stuck in O’Rielly’s craw so badly that he penned a letter to the editor of the Observer admonishing it for providing “tacit support” to an unlicensed broadcaster. In O’Rielly’s mind, the Observer’s journalists should have acted as freelance FCC agents and not only reported the station to the agency’s field office in Denver, but encouraged readers to not listen to “KGLR,” due to the supposed “harm” it would cause.

A follow-up article in the Boulder Daily Camera newspaper (and its Longmont affiliate, the Times-Call) seems to suggest that Coloradans don’t appreciate O’Rielly’s scolding. According to Brooke Ericson, O’Rielly’s chief of staff (who, incidentally, has been in the job for less than four months and most likely ghost-wrote the letter to the Observer to score points with her new boss), this was “the first article (he) has come across that appeared to actively promote this illegal activity,” and thus justified a response. Read More

Paper Tiger Roars in 2017 – To What End?

There are still a few pirate radio enforcement-cases from 2017 that the FCC has yet to release, but by and large the numbers from last year are in and they most definitely show an uptick in the number of enforcement actions against unlicensed broadcasters. As of today, there were 383 enforcement-actions across 18 states, compared to 207 actions in 2016 covering just nine states. For the second year running, Florida tops the list of states with the most anti-pirate enforcement, followed by Massachusetts and New York.

FCC Anti-Pirate Enforcement Actions Enforcement Actions by Year, 1997-20182017 ranks as the fifth-busiest year for enforcement activity in the 20-year history of the Enforcement Action Database, eclipsed only by a tear the FCC’s Enforcement Bureau went on during the end of President Bush II’s second term and Obama’s first term, when a proposed expansion of LPFM was being debated. Of the activity logged last year, the vast majority were station-visits (201, or 52%) or Notices of Unlicensed Operation (aka warning letters, 168, or 44%). The remaining 4% of enforcement actions included Notices of Apparent Liability (aka pre-fines, of which there were four) and Forfeiture Orders (nine).

In 2016, the FCC’s Enforcement Bureau issued nine NALs and five Forfeiture Orders, so on balance there’s no real movement or improvement in the agency’s escalation-protocol beyond initial contact(s). Read More