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

FCC Radically Revises Enforcement Drawdown

Three months ago, the FCC announced it was preparing to decimate its Enforcement Bureau by removing half its existing staff from the field and closing two-thirds of its field offices. The proposal, based on a $700,000 study prepared by outside consultants, did not sit well with anybody, and was popularly seen as the FCC effectively abdicating its role as police on the public airwaves.

That is, until last Tuesday, when the FCC announced it was abandoning that plan. There will still be enforcement cuts, but nearly not as draconian. Nine field offices are slated to close (instead of 16) and the agency has pledged to concentrate its field staff in markets where maintaining spectrum integrity is of primary importance. To make up for the offices that will be closed, the FCC will have not one, but two “Tiger Teams” ready for deployment on a short fuse. Even though it was brief, Chairman Tom Wheeler’s statement on the revised plan sounds contrite: “This updated plan represents the best of both worlds: rigorous management analysis combined with extensive stakeholder and Congressional input.”

In simple terms, the broadcast industry lit a fire under Congress about the importance of having something akin to recognizable (if not robust) enforcement activity by the FCC. This is the fruit of a carefully-coordinated lobbying campaign by the National Association of Broadcasters, New York State Broadcasters Association, and New Jersey Broadcasters Association, and the hook they used to make their counterattack on the FCC’s downsizing plan was pirate radio. The subject was mentioned repeatedly in Congressional hearings during which the reduction-in-force came up. And on the day that the FCC announced it was stepping back from eviscerating enforcement, a letter co-signed by more than 30 members of Congress to the FCC was released highlighting “Unauthorized FM Radio Operations in New York City.” Read More

In Face of Downsizing, Are FCC Agents Pulling Back?

Can’t say for sure, but the latest update to the Enforcement Action Database seems to suggest it, as the agency considers drastically cutting their already meager ranks. As of the end of April, there’ve been just 35 enforcement actions against 17 stations in four states. There has been no official report of field activity in May. In 2014, there were 52 enforcement actions in the same time-frame.

2014 saw the lowest level of FCC enforcement activity against unlicensed broadcasters in nearly a decade. Where agents are active, New York continues to lead the way, followed by New Jersey and California. A station in Colorado also got a warning letter this year, but that was a follow-up to a visit last year. Read More

Congress to Investigate FCC Enforcement Cuts

A one-two punch on Capitol Hill for the FCC’s plan to decimate its field enforcement presence. The chairman of the House Committee on Energy and Commerce chair Fred Upton (R-MI) dropped a letter on FCC Chairman Tom Wheeler April 23rd demanding all agency documentation, “including all drafts, memos, emails analyses, PowerPoint slides, interim reports, and the final report related to your proposal to close FCC field offices,” as well as “all internal communications and internal analyses, related to the Enforcement Bureau and Office of Managing Director joint recommendtion to the commission to close the FCC field offices.”

The FCC has until this Thursday (May 7) to respond. At present, Congress is working on the same stuff leaked to the public earlier this month. Read More

Should Broadcasters Sue Pirates?

In many respects, I feel sorry for FCC Commissioner Mike O’Rielly. He’s the #2 Republican on the five-member panel – the politically-weakest Commissoner. And he’s had to languish in the shadow of fellow Republican Ajit Pai, who’s commandeered the minority party’s bully pulpit on a plethora of issues ranging from journalistic independence to network neutrality.

So O’Rielly’s got to make a name for himself somehow, and he’s choosing pirate broadcasting as an issue on which to try. Last week, he published a blog post wherein he lays out some cockamamie suggestions on how to handle “the sourge” that is unlicensed broadcasting. Key to O’Rielly’s proposal is…the CAN-SPAM Act? Read More