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.
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.
After plummeting in 2011, FCC enforcement against unlicensed broadcasting rebounded ever so slightly last year – but not in any meaningful fashion.
About 100 pirate radio stations in 19 states had contact with the federales in 2012, resulting in 245 specific enforcement actions. Interestingly, the vast majority of these happened in the first half of the year; for some reason, enforcement activity took a nosedive in July and never recovered.
GeoBroadcast Solutions, developer of the "ZoneCasting" FM transmission system, will conduct a full-scale commercial test in Florida next spring or summer. The test-station will be WRMF, an independently-owned adult-contemporary music outlet in West Palm Beach.
Although the FCC has yet to grant experimental authorization for this test, GeoBroadcast and Palm Beach Broadcasting have already secured FM booster-transmitters and a simulcast coordination system from Harris and are negotiating tower leases for the boosters.
Two-thirds of 2012 is in the can, and the FCC seems to be adhering to its “new normal” when it comes to pirate radio enforcement. Field agents have conducted 183 enforcement actions as of the end of August – this is up from the 132 actions logged by this time a year ago, but well off the year-over-year record-breaking enforcement pace set between 2006 and 2010.
The FCC’s been involved in anti-pirate enforcement activity in 15 states and Puerto Rico so far this year, as opposed to more than two dozen states by this point in 2011. The hottest spots continue to be the New York metropolitan area as well as the state of Florida more generally.