FCC Sues Unlicensed Station to Collect Fine

This is unusual: the Federal Communications Commission has instigated a civil lawsuit in the Western District Court of Texas against Walter Olenick and M. Rae Nadler-Olenick, the proprietors of “Texas Liberty Radio,” which until late last year occupied 90.1 FM in Austin, Texas.

The facts are fairly clear: sometime in 2013, the FCC received a complaint about Texas Liberty Radio’s existence. That August, field agents from Houston traveled to Austin and found the station, measured its power, and confirmed it did not have a license. The recently-filed court documents contain some hand-written notes from field agents about the station, including the possible apartment it was broadcasting from, license plate numbers of cars in the parking lot, and notes on the station’s programming, which field agents noted included stuff from “Alex Jones” and “infowars.” Read More

PIRATE Act Passes House on Voice Vote

On Monday, the full House of Representatives approved the PIRATE Act on a voice vote (no roll call). This comes just a week after its Energy and Commerce Committee endorsed the bill (also on a voice vote) with some amendments, and two months after the bill was initially introduced.

The amended bill ups the size of financial penalties for unlicensed broadcasting to $2 million, requires the FCC’s Enforcement Bureau to conduct an annual sweep of the top five radio markets where radio piracy is most prevalent (with follow-up “monitoring sweeps”), gives field agents the option to skip the initial warning-letter in cases where the broadcasts are ongoing, and requires the FCC to establish a database of both licensed and unlicensed radio stations. It also notes that no additional funding will flow to the FCC in order to undertake these new regulatory burdens. Read More

PIRATE Act Clears House Committee, With Amendments

On July 12, the House Energy and Commerce Committee approved H.R. 5709, the Preventing Illegal Radio Abuse Through Enforcement Act (aka PIRATE Act) on a voice vote. This comes one month after a subcommittee signed off on it. There were some notable amendments offered and accepted by the Committee, sponsored by Reps. Chris Collins (R-NY) and Mike Doyle (D-PA), both of whom are cosponsors.

First, the number of enforcement sweeps of the top five markets identified by prevalence of unlicensed broadcast activity has been reduced from twice per year to once per year. However, six months after this annual sweep, the FCC will be required to conduct “monitoring sweeps” of target markets “to ascertain whether the pirate radio broadcasting identified by enforcement sweeps is continuing to broadcast and whether aditional pirate radio broadcasting is occurring.”

Rep. Doyle explained that this change was made so that anti-pirate enforcement would not unduly take time and resources away from “other critical missions” of the FCC’s Enforcement Bureau and its field staff. Read More

PIRATE Act Sets Sail in House

In May, Rep. Leonard Lance (R-NJ) introduced the “Preventing Illegal Radio Abuse Through Enforcement Act,” otherwise known by the acronym PIRATE Act. The bill makes several changes to existing FCC regulations regarding unlicensed broadcasting:

1. The maximum monetary penalty that can be assessed for unlicensed broadcasting on the AM and FM bands is increased from an aggregate maximum of $100,000 to $2 million, and can be doled out in increments of $100,000 per day. These fines can be issued against the pirate broadcaster directly, or against any entity that “knowingly and intentionally facilitates pirate radio broadcasting.”

“Facilitates” is defined as “providing access to property (and improvements thereon) or providing physical goods or services, including providing housing, facilities, or financing, that directly aid pirate radio broadcasting.” This hearkens back to a historical precedent set by European laws in the 1960s that attempted to outlaw offshore pirate radio by making it illegal to supply and advertise on the station-ships and platforms operating in international waters. Read More

FCC on Pirate Radio: From Paper Tiger to Puffer Fish

At the 2018 NAB Show in Las Vegas last month, FCC Chairman Ajit Pai highlighted the agency’s extensive efforts to combat unlicensed broadcasting. In addition to announcing that, in 2017, the agency issued “210 Notices of Unlicensed Operation” (I can only confirm 171), Pai said the agency “fined illegal broadcasters $143,800” (it’s actually $158,800) and “proposed fines totaling $323,688” (it’s actually $204,344). He also mentioned the recent raid of pirate stations in Boston, and reported “that we recently took similar action against a pirate operator in Miami and another operator in Queens, New York.”

Considering that station-raids tend to generate a lot of publicity, both among local media in affected markets and in the radio industry trade-press, I was surprised that the Queens and Miami raids have not been reported on at all. This may be because they didn’t actually happen – or happened on dates and at times that don’t fit Chairman Pai’s narrative. In addition, further information has come to light that casts doubt on just how effective the FCC’s recent activity in Boston really was.

First, let’s break down the Queens case. This involves a guy by the name of Jose Luis Gerez and a station he used to run (and actually may still be running) called “Mambo FM.” According to an unsealed complaint dated last November, this station first appeared on the FCC’s radar in July 2013, when agents in the New York field office observed “what appeared to be an unlicensed broadcast station operating at 95.1 MHz in Queens, New York.” They tracked the signal to an apartment building on Gleane Street, less than a three-mile drive from LaGuardia Airport. After interviewing the superintendent of the apartment building, agents found an FM antenna on the roof with a coaxial cable running into the basement, where a transmitter and desktop computer providing the station’s programming was found. Agents sent a Notice of Unlicensed Operation to the property-owner, who subsequently reported that the station had been removed from the premises. Read More