Paper Tiger Warns: Don’t Do Business With Pirates

With unlicensed broadcast operations taking place with impunity in several of the nation’s largest media markets, and facing near-emasculation in the field, the Federal Communications Commission is taking a new tack to try and ameliorate the “pirate problem.”

A letter co-signed by all five Commissioners was mailed out last week to several local government and industry trade groups, including the U.S. Conference of Mayors, National Association of Chiefs of Police, Association of National Advertisers, and National Association of Realtors, among several others.

This letter seeks to inform the recipients about who pirate stations are and asks that they avoid doing business with them. The letter claims that unlicensed broadcasters “can cause harmful interference to licensed radio broadcasters serving their communities, thereby starving stations of their ability to reach their listening audiences and obtain necessary advertising revenues.” It also claims that pirate stations have the potential to interfere with public-safety radio systems.

The tone is slightly admonishing: the recipients are informed that they “may be unknowingly or unintentionally providing aid to pirate stations. . .including buying advertising on such stations to housing the physical stations themselves.” The Commissioners hint that this may expose them to “potential FCC enforcement or other legal actions,” and cautions that being in business with a pirate station may also “sully the reputations of those businesses with the licensed broadcast community and other professional organizations” – sort of a “Scarlet P” approach. Read More

O’Rielly Outlines Anti-Pirate Agenda for 2016

Speaking at the Country Radio Seminar last week, FCC Commissioner Mike O’Rielly laid out several items he’d like to make part of radio’s regulatory agenda this year. And true to form, the man who’s made pirate radio a personal crusade has big plans to try and wipe out what he calls “poison ivy in the garden of the radio spectrum.”

O’Rielly acknowledged that the largest concentrations of unlicensed broadcasters are in America’s cities, such as New York, Boston, and Miami, but claims that “the problem is expanding rapidly,” and it represents “an attack on the integrity of our airwaves – an attack that must be confronted and defeated on no uncertain terms, lest it continue to push forward.” Read More

FCC Pirate Radio Enforcement Drops to 2004 Levels

This year has been fairly unremarkable regarding the FCC’s unlicensed broadcast efforts: just 111 actions against a few dozen stations across 10 states. However, the overwhelming majority (76%) of enforcement efforts this year have been have been focused on the FM dials of New York and New Jersey. This is a clear sign of the broadcast industry’s active involvement in the enforcement process, acting as a conduit for complaints on which the FCC follows up.

That said, enforcement tactics remain almost wholly administrative. Only five Notices of Apparent Liability totalling $70,000 have been issued this year, while just one fine of $20,000 has been levied against a pirate radio operator. In every case, the FCC built up at least six months’ of evidence; in some instances (particularly involving pirates facing threats of fines in New Jersey), the unlicensed broadcasters have been on the agency’s radar since 2012. Read More

Love/Hate on Pirate-Hunting

Some interesting — albeit contradictory — rhetoric out of the radio industry regarding the “problem” of pirate radio and how to deal with it. First up is FCC Commissioner Mike O’Rielly, the self-designated point-man for the unlicensed broadcasting issue. He’s spent the last year blogging up a storm about pirates and convening meetings with broadcast executives and lobbyists to scheme strategies to bust them.

His latest comments came at the NAB’s annual Radio Show, held this year in Atlanta. On a panel not ironically entitled, “FCC Experts Talk Radio,” O’Rielly touted the increased level of political heat pirate broacasters now face thanks to his tirades, but he’s lamenting the fact that “enhanced enforcement efforts” seem to be “in a holding pattern for a long time to come.” He’s asking the Commmission to begin a serious pirate crackdown “before Halloween, or at the latest, Thanksgiving. It’s time to put together a game plan and start executing.” Read More

O’Rielly Pimps Pirate “Policy Statement”

Republican FCC Commissioner Mike O’Rielly has made the persecution of pirate radio one of his hobby horses. He’s been blogging about it all year, lamenting the fact that his agency has no muscle with which to silence most stations and suggesting some cockamamie ideas for trying to tackle the problem. Although the agency’s Enforcement Bureau is currently going through a painful downisizing, O’Rielly’s an impatient man who wants heads on sticks.

He convened a task force of the broadcast industry earlier this summer which put forth a litany of suggestions for improving unlicensed broadcast enforcement. A month later, FCC Chairman Tom Wheeler acknowledged that while unlicensed broadcasting is very much alive and well, tackling the phenomenon will not succeed using traditional enforcement methods. Read More