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

AM Revitalization Order Released

At the close of business last Friday, and with little fanfare, the FCC released its first AM revitalization Report and Order. This rulemaking began two years ago and the most significant outcomes have little to do with the AM band itself.

Comparing the FCC’s proposed rulemaking to the R&O shows that most of the agency’s initial proposals will be enacted. This includes things like allowing for more flexbility on interference calculations and protections, antenna siting and design, the option to use analog transmission protocols that are more energy-efficent, and increased utilization of AM’s expanded band channels. But the meat of the R&O involvews developments regarding the FM band and the utter lack of comment on a digital strategy for AM. Read More

FCC Revises Contest Disclosure Rules; Music and Sports Payola Next?

Last week, the FCC announced changes to its contest disclosure regulations, first crafted in 1976. The changes allow stations to disclose contest rules either on the air or online.

This is the culmination of a Petition for Rulemaking first filed by Entercom in 2012, which the FCC didn’t officially start ruminating on until last December. The proposal attracted fewer than 20 comments, most of them being broadcast companies and state broadcasters’ associations (although NPR was also in the mix) and all of whom supported the proposal. Read More

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. Read More

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.” Read More