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

Anti-Pirate Activity Rebounds from 2015 Nadir

FCC Anti-pirate Enforcement Actions in 2016 by stateThough not by much, and certainly not along the lines of what we saw at the beginning of this decade. August was a busy month for FCC field agents, who conducted nearly three dozen enforcement actions against fewer than half as many stations. The state-leader this year so far is Florida – while New York still leads the all-time pack enforcement action-wise – and the FCC’s flexed its muscle in only seven states, compared to 10 in 2015.

Some of the cases are fairly curious, such as a $15,000 Notice of Apparent Liability issued against a Florida man who first started broadcasting without a license way back in 2013. One visit that year, followed by four visits last year (and a change in frequency), finally compelled the FCC to bring the threat of a fiscal penalty to bear.

Then there’s the case of an Alabama man who first hit the FCC’s radar in 2015; after being warned he voluntarily surrendered his transmitter via mail, only to get a new one and move to a new channel. When contacted again by the federales, he expressed the wish that he could be legal but no application windows for LPFMs are in the works, so his “hands were tied.” Not a good enough excuse to avoid a $15,000 NAL…but then again, it remains to be seen whether the FCC will formalize these as actual forfeitures, much less be able to collect on them. Read More

O’Rielly Goes Pirate-Hunting, is Flabbergasted by Tower

Michael O'RrrrrrrriellyFCC Commissioner Mike O’Rielly, the pinch-headed ideologue who’s tried to make a name for himself by attempting to launch a war on unlicensed broadcasting in America, actually went out into the mean streets of New York City earlier this summer along with field agents to hunt pirate stations.

Speaking to a very receptive audience at the annual conference of the New Jersey Broadcasters’ Association last month, O’Rielly called unlicensed broadcasting “a key area needing significant attention. . .as it represents a very real problem that is growing.”

Claiming that pirate stations “have no legal or moral right to operate,” O’Rielly asserted (again, without evidence) that pirate radio stations are “stealing listeners” from licensed broadcasters, “weakening [their] financial situation and undermining the health of licensed radio stations” supposedly devoted to serving their communities of license. The threat of interference from unlicensed stations also got a shout-out, but that’s apparently become a secondary issue to O’Rielly’s perferred agency mandate to maximize the profits of the radio industry. Read More

O’Rielly Outlines Anti-Pirate Agenda for 2016

Speaking at the Country Radio Seminar last week, FCC Commissioner Mike O’Rielly laid out several items he’d like to make part of radio’s regulatory agenda this year. And true to form, the man who’s made pirate radio a personal crusade has big plans to try and wipe out what he calls “poison ivy in the garden of the radio spectrum.”

O’Rielly acknowledged that the largest concentrations of unlicensed broadcasters are in America’s cities, such as New York, Boston, and Miami, but claims that “the problem is expanding rapidly,” and it represents “an attack on the integrity of our airwaves – an attack that must be confronted and defeated on no uncertain terms, lest it continue to push forward.” Read More