Document-Dump Details FCC Enforcement Cutbacks

All hail Michael Marcus: one of the policy-fathers of wi-fi and Bluetooth (and a man with unimpeachable FCC bona-fides) has released a compendium of documents regarding plans for the FCC’s radical shrinking of its Enforcement Bureau.

The cache has three parts: a letter from FCC Chair Tom Wheeler to Greg Walden (R-OR), a member of the House’s Committee on Energy and Commerce; a memorandum to FCC field staff from Enforcement Bureau Chief Travis LeBlanc and FCC Managing Director Jon Wilkins; and a PowerPoint slide summary of the outside consultant’s work, conducted by Oceaneast Associates and Censeo Consulting Group.

Here’s what it tells us: Read More

Massive Cuts Planned to FCC Field Enforcement

A very interesting memorandum was leaked last week to two trade publications detailing a plan to severely reduce the FCC’s enforcement presence in the field. Presently, the agency’s Enforcement Bureau has two dozen field offices scattered throughout 17 states and Puerto Rico. However, not every field office is created equal: there are Regional Offices (many employees), District Offices (a handful of employees) and Resident Agent Offices (one or two people).

According to the American Radio Relay League, two-thirds of all FCC Enforcement Bureau offices would be closed, leaving just half the staff (33 people total) in the field. And their management is positively evicerated: reduced from 21 positions to just five. Read More

FCC Enforcement: On the Wane?

Just got the Enforcement Action Database caught up for the year, and the numbers show that FCC field activity is running at the lowest level it’s been since 2005. Just 173 enforcement actions to date, as opposed to ~260 at this time last year.

There was a similar dip in the years afer the FCC first proposed the creation of LPFM, and with LPFM’s second wave in the works it’s enticing to see a correlation, but this time around I’m more inclined to believe it has to do with changing political priorities regarding enforcement policy (pirates take a back seat to cell-phone jammers, for example) coupled with the effects of austerity on federal government services more broadly. Read More

Massachusetts Mulls Anti-Pirate Law

Lawmakers in Massachusetts are hard at work trying to outlaw unlicensed broadcasting. H.1679 was introduced in the state House of Representatives in January and got a hearing in the legislature’s Joint Committee on the Judiciary just last week. Floor votes are expected before the end of the year.

If approved, Massachusetts would become the fourth state in the country to pass an anti-pirate radio law. Read More

Pirate-Hunting: FCC Plods While Local Scenes Bubble

Halfway through 2013, and the FCC’s pace of unlicensed broadcast enforcement shows no real change from 2012: 106 enforcement actions in all, targeting more than three dozen stations, with the majority of this activity wholly administrative in nature. Pirate stations who appear on the FCC’s radar can now expect a warning letter to arrive via certified mail 1-6 weeks after an initial visit. Ignore those, and the agency may start asking for money.

To date, the FCC has handed out $60,000 in Notices of Apparent Liability and $125,000 in actual forfeitures. However, not all of these penalties are new: in February, the FCC socked Whisler Fleurinor with a $25,000 fine for unlicensed operation in Fort Lauderdale, Florida. This is actually Fleurinor’s second go-round – he was first busted in 2010 and given a $20,000 forfeiture in 2011, which was later reduced to $500. It’s much the same story for Gary Feldman, who was first busted in 2004 for pirate broadcasting in Miami. He was caught again last year and fined $25,000 this year. Moreno’s 2004 forfeiture ($10,000) was never paid. Read More