If you read the latest round of ex parte filings in the FCC’s AM revitalization proceeding, you’d think the future of the band hangs on its eventual migration to FM. Yet of the many things the agency’s considering to help AM broadcasters, opening a new applications window for AM stations to acquire FM translators has not been one of them. Now the drafting of new policy has begun that would take AM revitalization from consideration to implementation — and broadcasters are making a last-minute push to grab some FM crumbs.
In the last month, a motley crew of advocates for more FM translators have been making the rounds at FCC HQ. These include trade groups, individual broadcasters and other interested parties. Some of their arguments espouse wrongheaded notions of “salvation” for the most beleagured AM broadcasters. Continue reading “AM Broadcasters' Last Grasp at FM Translator Marketplace”
Category: FCC
FCC to Congress on Pirate Radio: We Got Nothin'
With little fanfare, the FCC has replied to the Congressional delegations of New York and New Jersey, who are demanding that the agency do something about the proliferation of unlicenesed broadcasters in the New York metropolitan area. At last count, at least three dozen stations are operating in the borough of Brooklyn alone; if you extrapolate that across the five boroughs and add in cities on the New Jersey side of the Hudson River, it’s not inconceivable to estimate that as many as 100 pirate stations may be on the air here.
The rising tide of unlicensed broadcast activity in the NYC area — a trend that is several years old now — is exacerbated by the FCC’s utter lack of resources to deal with the issue. Just last month the agency announced a major restructuring of its field enforcement resources, which will result in a net diminution of boots on the ground across the country. In the NYC metroplex, the number of field agents is being increased by one, from four to five people. Although they will be ostensibly be backed up by one of two flying squads of roving agents who will travel the country to enforcement hot-spots (this includes dealing with many issues other than unlicensed broadcasting), it remains to be seen whether this will meaningfully improve the FCC’s overall enforcement abilities. Continue reading “FCC to Congress on Pirate Radio: We Got Nothin'”
Future Enforcement: Questions of Money and Will
The House Subcommittee on Communications and Technology had members of the FCC in for three hours of grilling a couple of weeks ago under the rubric of “continued oversight,” which is a fancy way of saying “giving members a chance to grandstand on pet issues.”
Subjects like the FCC’s plans to repurpose DTV spectrum for wireless broadband, reform communications subsidy programs, and the protection of net neutrality got the most attention, but questions of the FCC’s enforcement capabilities and how pirate radio fits into the mix did arise. Continue reading “Future Enforcement: Questions of Money and Will”
Prepping for a Pirate Crackdown
Even though the FCC’s Enforcement Bureau is in the throes of a major downsizing – newly-released documents indicate the Bureau will cut 44 jobs, or more than 40% of its workforce – it’s also committed itself to do something about the proliferation of unlicensed broadcasting. That said, a before-and-after summary of personnel cuts doesn’t really show a lot of refocused muscle on the ground: for example, New York’s field office will see a net increase of one agent (from 4 to 5), while the “tiger teams” being created to backstop the field offices consist of no more than three or four.
Since pirate radio’s become a plaything of FCC Commissioner Mike O’Rielly, and the broadcast lobby is chomping at the bit for a war on pirates, I would not be surprised if the agency, working in concert with groups like the NAB and New York State Broadcasters Association, attempt to sweep at least NYC this year in some “show of force.” Whatever the rhetoric may be, paper-tiger mode remains in full effect — and there’s a lot unlicensed broadcasters can do to prepare for whatever may come, both tactically and strategically. Continue reading “Prepping for a Pirate Crackdown”
FCC Field Plan Redux; Anti-Pirate Policy Discussion Underway
A three-page order issued July 16 lays out the scope of the cuts and next steps. Operating under the assumption that field enforcement “should be concentrated in urban areas where the need for them is greatest,” the order closes 11 of 24 offices outright and will initially result in a net reduction of six employees. These regional offices will be supplemented by two “tiger teams” stationed in Maryland and Colorado.
Going forward, field agents will also need to be certified electrical engineers, and the Enforcement Bureau wants to invest money in “remotely-operated” and portable spectrum-monitoring systems to serve its new primary mission: “the enforcement of the Commission’s radiofrequency interference requirements and other key rules.” Continue reading “FCC Field Plan Redux; Anti-Pirate Policy Discussion Underway”
In the Wake of Prometheus, Media Ownership Still Sucks
The following is a guest commentary by friend and colleague Dr. Christopher Terry, a Lecturer of Media Law and Policy in the Department of Journalism, Advertising and Media Studies at the University of Wisconsin-Milwaukee. He spent more than 15 years as a producer in commercial radio. His dissertation examined more than 1000 FCC media ownership decisions between 1996-2010, and he has published quite a bit on media diversity, political advertising and of course, media ownership policy. Contact him via e-mail or Twitter
Today marks four years have since the 3rd Circuit handed down a second remand of the FCC’s media ownership policy in Prometheus Radio Project v. FCC. I thought we might take the opportunity of this anniversary to discuss how radio got so bad.
On February 8th, 1996, President Bill Clinton signed into the law the 1996 Telecommunications Act. Provisions within the Telecommunications Act implemented significant changes the legal, policy and social dynamics of media ownership. Although these changes could be felt across the media spectrum, the radio industry was fundamentally changed by the FCC’s implementation of the legislation. Continue reading “In the Wake of Prometheus, Media Ownership Still Sucks”
AM Broadcasters Still Seek Translators, Digital Authorization
When the FCC announced the creation of an “AM Revitalization Initiative” in 2013, the proposal included a grab-bag of industry desires, such as the right for AM stations to utilize FM translators and for AM stations to move from hybrid analog/digital broadcasting to the all-digital AM-HD protocol. But to the consternation of industry lobbyists and HD-backers there’s been no movement on this initiative — so now they’re beginning to whine about it.
Case in point is a commentary published in late June by Frank Montero, an attorney at D.C. communications law powerhouse Fletcher, Heald & Hildreth, which laments that AM broadcasters are being held hostage without access to FM translators and accuses the FCC of playing political football with the future of AM itself. It’s full of questionable assertions and revisionist history. Continue reading “AM Broadcasters Still Seek Translators, Digital Authorization”
O'Rielly Encourages War on Pirates
When FCC Commisioner Mike O’Rielly spoke last week to the summer conference of the New York State Broadcasters Assocaiation, he made pirate radio the lead-off topic, sending a clear signal that the Commission is responding to recent Congressional pressure and industry lobbying on the issue. How that response will manifest itself is yet to be determined, but any viable effort will have to involve thinking outside the box about how to be better spectrum-cops.
“Far from being cute, insignificant, or even somehow useful in the broadcasting ecosystem,” said O’Rielly, “pirate radio represents a criminal attack on the integrity of our airwaves, at a time when spectrum has become more scarce and precious than ever before.” He compared unlicensed broadcasters to “poison ivy in a neglected garden” and estimated that nearly one-quarter of all pirates in the country reside in the New York area (data, please!). Continue reading “O'Rielly Encourages War on Pirates”
FCC Radically Revises Enforcement Drawdown
Three months ago, the FCC announced it was preparing to decimate its Enforcement Bureau by removing half its existing staff from the field and closing two-thirds of its field offices. The proposal, based on a $700,000 study prepared by outside consultants, did not sit well with anybody, and was popularly seen as the FCC effectively abdicating its role as police on the public airwaves.
That is, until last Tuesday, when the FCC announced it was abandoning that plan. There will still be enforcement cuts, but nearly not as draconian. Nine field offices are slated to close (instead of 16) and the agency has pledged to concentrate its field staff in markets where maintaining spectrum integrity is of primary importance. To make up for the offices that will be closed, the FCC will have not one, but two “Tiger Teams” ready for deployment on a short fuse. Even though it was brief, Chairman Tom Wheeler’s statement on the revised plan sounds contrite: “This updated plan represents the best of both worlds: rigorous management analysis combined with extensive stakeholder and Congressional input.”
In simple terms, the broadcast industry lit a fire under Congress about the importance of having something akin to recognizable (if not robust) enforcement activity by the FCC. This is the fruit of a carefully-coordinated lobbying campaign by the National Association of Broadcasters, New York State Broadcasters Association, and New Jersey Broadcasters Association, and the hook they used to make their counterattack on the FCC’s downsizing plan was pirate radio. The subject was mentioned repeatedly in Congressional hearings during which the reduction-in-force came up. And on the day that the FCC announced it was stepping back from eviscerating enforcement, a letter co-signed by more than 30 members of Congress to the FCC was released highlighting “Unauthorized FM Radio Operations in New York City.” Continue reading “FCC Radically Revises Enforcement Drawdown”
CBRS: A Foray Into Spectrum Sharing
Earlier this spring the FCC announced the creation of what it calls the Citizens Broadband Radio Service (CBRS) — a swath of spectrum between 3.5-3.7 GHz that will be opened to both licensed and unlicensed services. This spectrum has traditionally been reserved for military radar and satellite uplinks; now it may become a sandbox for dynamic use of the public airwaves.
This particular slice of spectrum falls between two established Wi-Fi allocations, so one obvious potential use is for the provision of last-mile (or last-foot) broadband access. Incumbent users (the Navy and satellite ground stations) will remain on the band, but they’re so geographically sparse that for all intents and purposes this spectrum has been fallow in the majority of the United States. Under CBRS, instead of licensing devices to work on a particular channel within a band, they will be effectively permitted to use the entire band. The devices themselves will be programmed to sniff the local airwaves to find and utilize non-congested channels in its immediate area. Google is developing a database of CBRS users and devices that will be updated in real-time based on operating feedback from the devices themselves — the Internet of Things coming to life. Continue reading “CBRS: A Foray Into Spectrum Sharing”