FCC on Pirate Radio: From Paper Tiger to Puffer Fish

At the 2018 NAB Show in Las Vegas last month, FCC Chairman Ajit Pai highlighted the agency’s extensive efforts to combat unlicensed broadcasting. In addition to announcing that, in 2017, the agency issued “210 Notices of Unlicensed Operation” (I can only confirm 171), Pai said the agency “fined illegal broadcasters $143,800” (it’s actually $158,800) and “proposed fines totaling $323,688” (it’s actually $204,344). He also mentioned the recent raid of pirate stations in Boston, and reported “that we recently took similar action against a pirate operator in Miami and another operator in Queens, New York.”

Considering that station-raids tend to generate a lot of publicity, both among local media in affected markets and in the radio industry trade-press, I was surprised that the Queens and Miami raids have not been reported on at all. This may be because they didn’t actually happen – or happened on dates and at times that don’t fit Chairman Pai’s narrative. In addition, further information has come to light that casts doubt on just how effective the FCC’s recent activity in Boston really was.

First, let’s break down the Queens case. This involves a guy by the name of Jose Luis Gerez and a station he used to run (and actually may still be running) called “Mambo FM.” According to an unsealed complaint dated last November, this station first appeared on the FCC’s radar in July 2013, when agents in the New York field office observed “what appeared to be an unlicensed broadcast station operating at 95.1 MHz in Queens, New York.” They tracked the signal to an apartment building on Gleane Street, less than a three-mile drive from LaGuardia Airport. After interviewing the superintendent of the apartment building, agents found an FM antenna on the roof with a coaxial cable running into the basement, where a transmitter and desktop computer providing the station’s programming was found. Agents sent a Notice of Unlicensed Operation to the property-owner, who subsequently reported that the station had been removed from the premises. Read More

Coloradans Push Back Against Anti-Pirate Bullying

FCC Commissioner Mike O’Rielly doesn’t seem to be getting the kind of publicity he hoped for after taking a hyperlocal news outlet in a suburb of Boulder, Colorado to task for reporting on the existence of a pirate radio station there. The Longmont Observer ran a short piece back in December noting the existence of Green Light Radio, the FCC’s protocol for shutting such stations down, and ending with the statement, “In the meantime, enjoy Longmont’s pirate station while it lasts.”

This stuck in O’Rielly’s craw so badly that he penned a letter to the editor of the Observer admonishing it for providing “tacit support” to an unlicensed broadcaster. In O’Rielly’s mind, the Observer’s journalists should have acted as freelance FCC agents and not only reported the station to the agency’s field office in Denver, but encouraged readers to not listen to “KGLR,” due to the supposed “harm” it would cause.

A follow-up article in the Boulder Daily Camera newspaper (and its Longmont affiliate, the Times-Call) seems to suggest that Coloradans don’t appreciate O’Rielly’s scolding. According to Brooke Ericson, O’Rielly’s chief of staff (who, incidentally, has been in the job for less than four months and most likely ghost-wrote the letter to the Observer to score points with her new boss), this was “the first article (he) has come across that appeared to actively promote this illegal activity,” and thus justified a response. Read More

Paper Tiger Roars in 2017 – To What End?

There are still a few pirate radio enforcement-cases from 2017 that the FCC has yet to release, but by and large the numbers from last year are in and they most definitely show an uptick in the number of enforcement actions against unlicensed broadcasters. As of today, there were 383 enforcement-actions across 18 states, compared to 207 actions in 2016 covering just nine states. For the second year running, Florida tops the list of states with the most anti-pirate enforcement, followed by Massachusetts and New York.

FCC Anti-Pirate Enforcement Actions Enforcement Actions by Year, 1997-20182017 ranks as the fifth-busiest year for enforcement activity in the 20-year history of the Enforcement Action Database, eclipsed only by a tear the FCC’s Enforcement Bureau went on during the end of President Bush II’s second term and Obama’s first term, when a proposed expansion of LPFM was being debated. Of the activity logged last year, the vast majority were station-visits (201, or 52%) or Notices of Unlicensed Operation (aka warning letters, 168, or 44%). The remaining 4% of enforcement actions included Notices of Apparent Liability (aka pre-fines, of which there were four) and Forfeiture Orders (nine).

In 2016, the FCC’s Enforcement Bureau issued nine NALs and five Forfeiture Orders, so on balance there’s no real movement or improvement in the agency’s escalation-protocol beyond initial contact(s). Read More