FCC Anti-Pirate Enforcement in 2016: Symbolic Inflationism Ahoy


A surprising uptick in the Enforcement Action Database for 2016: 201 total actions were logged last year, which is up from the prior two years. Furthermore, the frequency of threats of fines and actual fines against unlicensed broadcasters also rose: 9 NALs issued for a total of $155,000, and 5 forfeitures handed out for a total of $65,000. We haven’t seen numbers this large since 2014.

It gives some statistical credence to recently-former FCC Chair Tom Wheeler’s assertion that, despite the agency’s admittance that its license-enforcement protocol is effectively broken, it hasn’t ceded the field entirely. Unfortunately, statistics can be fudged, and the FCC’s done that well in the last year. Read More

Nodes of Resistance: Sampling the Haitian Diaspora via FM+Internet

17 years ago(!), I left a budding career in radio journalism out of disgust with the trajectory the industry was taking. The break-point came when the National Association of Broadcasters and National Public Radio teamed up in Congress to conduct a disinformation campaign designed to eviscerate the FCC’s then-newly proposed LPFM radio service.

However, A few months before I actually quit my job, I acquired all the components necessary to start an unlicensed microbroadcast station. “System P” was a 40-watt frequency-agile FM rig that used a portable military surplus antenna mast to conduct tactical broadcasts from a wide variety of locations. You could often hear the station in Madison, Wisconsin, primarily on evenings and weekends; but since the station was mobile much fun was had taking it to peoples’ homes and public events around the country to give the public a more substantive appreciation of the ease by which it could make “the public airwaves” very real.

Another key element of System P was to provide a last-mile node for what was then quite an experiemental webcast-activism scene (today commonly known as “livestreaming”). These often manifested in Independent Media Centers during times of protest, most notably against corporate global trade deals. Activists would converge on a city to fill the streets in order to disrupt the negotiation of these agreements, and the media coverage would invariably skew toward painting the activists as violent thugs and police/other security forces as the guardians of order. But when activists gained the ability to counteract this narrative – oftentimes by live reports from the streets directly – the discursive dynamic around these events changed. Read More

A Trump FCC and Pirate Radio: Prepare for Struggle

The United States is still trying to come to grips that it has elected a proto-fascist as its next chief executive. With the Republican Party in firm control of the legislature and the ability to shape the judiciary for the next several decades, lobbyists of all stripes are drooling at the prospects of a bona-fide kleptocracy.

Of all the things expected to be decimated in the Trump era, media and communications policy are among them. Others have already written about the potential for a GOP-run Trump FCC to undo several years’ worth of media reform efforts, such as network neutrality, media ownership limits, and many other things. We still don’t know who Trump may nominate to chair the Commission, though there’s talk that one of the two sitting GOP Commissioners may get the nod.

Neither will be good: Ajit Pai is a trenchant disciple of neoliberal economic theory, and pretty much sees all regulation as bad regulation; Mike O’Rielly, who helped write the Telecommunications Act of 1996 (though tellingly does not crow about it), is pretty much the same. But O’Rielly’s crusade to eliminate unlicensed broadcasting from the nation’s airwaves has gotten a significant boost with this election. Read More

FCC to WIN: You’re Not News, Get Over It

Sad but true: last Friday, the FCC finally responded to my appeal of its denial of my Freedom of Information Act request involving a case in which the agency declared Workers Independent News to not be news.

The dismissal was fairly perfunctory. What I was primarily asking for was the other 5,600+ pages of documentation the agency collected regarding correspondence (both internal and external) and deliberations on the WLS/WIN case (it only released 88 heavily-redacted pages). My primary objective was to discover the identity of the complainant who kicked off this sordid saga, as well as the identities of FCC staff who took the complaint and turned it into libel by official writ. Never before in the history of U.S. broadcast regulation has the FCC made a content determination on the legitimacy of a news organization. Read More