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

FCC Facilitated Right-Wing Hit Job on Workers Independent News

A year and a half since I tendered my Freedom of Information Act request with the Federal Communications Commission on its disturbing foray into determining the legitimacy of broadcast news outlets, the agency has finally responded. And it was with a big middle finger: of the more than 4,200 pages of documentation the agency identified as related to the case, the FCC released a paltry 88 (embedded at bottom).

The vast majority of this release is meaningless. It includes copies of the official orders in the WLS sponsorship-identification case, copies of the spot-sales contracts Workers Independent News entered into with WLS (it spent more than $33,000 to air its newscasts and feature programs on the station over a three-month period), official correspondence between the FCC and WLS’ attorneys related to the initial complaint inquiry, and some redacted e-mail correspondence between FCC staffers regarding the collection of the $44,000 fine assessed against WLS.

However, what little useful information gleaned from the disclosure only heightens the suspicion that the sponsorship-identification case against WLS was not motivated by the station’s failure to disclose (in a fraction of instances) that Workers Independent News had paid for its airtime, but rather by a right-wing operative seeking to muzzle Workers Independent News on ideological grounds. 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

FCC to Congress on Pirate Radio: We Got Nothin’

With little fanfare, the FCC has replied to the Congressional delegations of New York and New Jersey, who are demanding that the agency do something about the proliferation of unlicenesed broadcasters in the New York metropolitan area. At last count, at least three dozen stations are operating in the borough of Brooklyn alone; if you extrapolate that across the five boroughs and add in cities on the New Jersey side of the Hudson River, it’s not inconceivable to estimate that as many as 100 pirate stations may be on the air here.

The rising tide of unlicensed broadcast activity in the NYC area — a trend that is several years old now — is exacerbated by the FCC’s utter lack of resources to deal with the issue. Just last month the agency announced a major restructuring of its field enforcement resources, which will result in a net diminution of boots on the ground across the country. In the NYC metroplex, the number of field agents is being increased by one, from four to five people. Although they will be ostensibly be backed up by one of two flying squads of roving agents who will travel the country to enforcement hot-spots (this includes dealing with many issues other than unlicensed broadcasting), it remains to be seen whether this will meaningfully improve the FCC’s overall enforcement abilities. Read More