Paper Tiger Apes Big Bad Wolf

The FCC’s taking a cue from the Three Little Pigs, huffing and puffing about the work it’s doing to combat the “problem” of pirate radio. Just in time for the National Association of Broadcasters’ annual Radio Show in Austin, the FCC’s gone on an enforcement spree of sorts over the last month or two.

With 158 enforcement actions on the books at the end of August, the agency is now on pace to meet or exceed the number of actions it took against unlicensed stations in 2016. For the eight years we’ve experienced of this decade so far, 2017’s enforcement-trajectory seems on target to rank as third or fourth-busiest.

States visited by the FCC hunting radio pirates, 2017Field agents have traveled far beyond the most popularly-recognized East Coast “hotspots” this summer. Arkansas gets on the board for the first time in the history of our Enforcement Action Database, while the closure of the Seattle FCC field office made it San Francisco and Los Angeles-based agents’ responsibility to visit Alaska in pursuit of a Baptist church – the first time since 2013 that the FCC’s made waves there. (Alaska is the 36th most active U.S. state/territory for pirate radio, just behind FCC Chairman Ajit Pai’s home state of Kansas.) Read More

FCC’s Trumpist Trajectory Intensifies

The rotten hubris that is the Trump administraton is in full bloom at the FCC. It began when its leadership refused to defend core communications principles like free speech and press and flourished when they swore fealty to hypercapitalism and preemptively demonized those who may oppose their policy agenda. Now the dirty tricks have arrived. It’s all so far outside the already-troublesome norm of how media policy is made as to be head-spinning.

Let’s begin with the agency’s effort to repeal network neutrality regulations. An issue that’s overly complicated in most news coverage, the nation turns to John Oliver to make sense of it. He’s done this twice now – most recently in May, and as before his coverage inspired millions to visit the FCC’s public-comment site and make their thoughts known on the issue.

The first time, the public response in favor of net neutrality was so overwhelming that it crashed the FCC’s servers. This time, the system went down again…but the FCC claims that it was due to a malicious attack of unknown origin. According to (now-gone) Chief Information Officer David Bray, as Oliver’s latest segment went to air, “the FCC was subject to multiple distributed denial-of-service attacks (DDos). These were deliberate attempts by external actors to bombard the FCC’s comment system with a high amount of traffic. . .[they] were not attempting to file comments themselves; rather they made it difficult for legitimate commenters to access and file with the FCC.” Read More

Last Bites of Translator Feast At Hand

The final element of a radio spectrum “land rush” that began more than a decade ago involving FM translator stations is upon us.

Translators exploded onto the scene as a way for broadcasters to gain new FM signals on the cheap back in 2003, when some clever religious broadcasters flooded a filing window which resulted in the tendering of thousands of translator-station construction permits. These folks inspired other spectrum-spectulators to jump in, sensing that this would be the last chance to colonize the FM dial in the United States. They all then sold the majority of these permits, for thousands to millions of dollars apiece.

These translators have been mostly utilized to give HD Radio-only programming (like that found on FM HD-2 and -3 subchannels) an analog presence, which some have likened to launching an entirely new station, and to allow AM stations a foothold on the FM dial. Since that first rush, the FCC’s opened multiple opportunities for broadcasters to purchase existing translator stations, most recently as part of FCC Chair Ajit Pai’s vaunted AM revitalization initiative. Read More

FCC and Pirates: A War of Words

The rhetoric’s heated up, for sure. Commissioner Mike O’Rielly, who’s made cracking down on unlicensed stations one of his signature issues, calls them infectious squatters, casting the phenomenon as a cancer preparing to metastisize. And he’s gotten much more critical about his own agency’s handling of the problem: when the FCC proposed to fine a Kentucky couple more than $144,000 last month for operating a low-power TV station for nearly twenty years after its original license had expired, he likened FCC enforcement to “a sometimes annoying, sometimes sleepy, but ultimately harmless Chihuahua when it came to protecting broadcast spectrum licenses.”

That makes “paper tiger” sound almost tame.

Industry trade-press has taken the cue and upped their coverage of the FCC’s anti-pirate broadcast enforcement. Radio World trumpets warning lettters, fines, and threats of fines issued by the Enforcement Bureau as if they’re landing knockout blows. It even got Chairman Ajit Pai to concede in a March interview that pirates are a “serious concern.” Read More

The FCC’s Trumpian Shift is On

The governing paradigm in contemporary U.S. communications policy is genuflection to principles that invoke the “free market,” especially post-1980 when economics captured the policymaking process. As such, all Federal Communications Commissioners, regardless of party, will couch their positions and rationales in this language, though nearly all also make the effort to connect their rationales to something akin to “the public interest,” which has been the principal ideal as mandated by the agency’s own authorizing statute.

But the FCC’s also been a safe space for the occasional ideologue who worships capitalism as the human condition most worthy of emulation. It is not a radical notion to believe that an economic theory may not be an appropriate paradigm by which to organize all of the workings of an entire society. Folks who do believe that are market-fundamentalists; and whether it comes in economic, political, or religious flavors, fundamentalism is an extreme that the act of being civilized tends to temper. Read More