FCC Getting Shady With Anti-Pirate Enforcement?

When it comes to pirate-hunting, the FCC’s off to a relatively sedate start in 2018. The total number of enforcement actions reported so far for January stands at 15, which is six more than were reported in 2017, but equal to the number reported in 2016, the final full year of previous (Democratic) chairman Tom Wheeler’s tenure. So far this month there have been eight actions, as opposed to 11 in February 2017 and 12 in February 2016.

Many of these cases originated last year. The most notable at present is the case of “Gerlens Cesar,” who was sent a Notice of Unlicensed Operation earlier this month for operating four pirate stations on two FM frequencies in Boston and its surrounding suburbs. Interestingly, a principal by the name of “Cesar Gerlens” has already run afoul of the FCC – having received multiple visits and warning-letters in the latter half of last year – some of which named additional collaborators – for operating unlicensed stations in the Boston area.

I e-mailed the chief of the FCC’s Enforcement Bureau, Rosemary Harold, to ask about this apparent discrepancy: had the agency mistakenly transposed the first and last names of the principal in this case, or are there two distinct individuals who just happen to share identical name-elements working in Boston? So far, no response, but also no correction from the agency. In any case, Cesar Gerlens/Gerlens Cesar seems a likely candiate for a negotiated forfeiture-settlement similar to the one worked out with a prolific pirate in Florida last moth, if/when the agency consolidates the information gleaned in this case. Read More

FCC Whacks Zombie-Moles

The FCC’s Enforcement Bureau is regularly making waves in the agency’s Daily Digest now, issuing slews of warning-letters to unlicensed broadcasters nearly every week. Interestingly, these letters are typically grouped by location: one week it’s a passel of pirates “caught” broadcasting in the New York metropolitan area, the next a bunch of folks in South Florida, etc.

The agency, and radio industry, have long described the enforcement process as “whack-a-mole” in reference to the carny game where you score points bashing plastic rodents with a mallet, who pop up and disappear often before you can bring the hammer down. It’s an apt description…but the agency’s most recent enforcement-activites vividly demonstrate just how devoid the process is of deterrent value.

In an update to the Enforcement Action Database earlier this month, I highlighted the case of Kacy Rankine. He’s a New Jersey-based unlicensed broadcaster who first appeared on the FCC’s radar way back in 2005. That year he received a slew of station-visits and warning-letters from the federales, but to no avail, so the FCC ended up fining him $10,000 in 2007.

It’s highly unlikely that fine was ever paid, because Rankine was noticed again this year (a full decade later) running another station in another New Jersey community. The FCC, which apparently doesn’t keep a logically comprehensive record of its own regarding prior enforcement actions and lacks a semblance of institutional memory on this issue, simply restarted the enforcement process with Rankine, issuing him a warning letter last month. Read More

O’Rielly Talks Tough on Pirates to Senate

Keeping in line with the Trump administration’s penchant for dehumanization, FCC Commissioner Mike O’Rielly used some of his time testifying in front of the U.S. Senate Commerce Committee last week to hype his signature issue: going to war on unlicensed broadcasting.

Calling them “squatters” who “are infecting the radio band,” O’Rielly whipped out all the now-familiar canards: that pirate radio “stations” (his quotes, not mine) somehow harm “consumer services” (whatever those might be), “emergency communications” (lacking any meaningful evidence that this is a tangible problem), and “the financial stability of licensed radio stations” (nah, that’s Wall Street’s fault). He references a claim from the Massachusetts Broadcasting Association that it’s identified some two dozen pirate stations “operating in one of their markets” (most likely the Boston metro area) and the numbers are growing. Read More

AM Broadcasters’ Last Grasp at FM Translator Marketplace

If you read the latest round of ex parte filings in the FCC’s AM revitalization proceeding, you’d think the future of the band hangs on its eventual migration to FM. Yet of the many things the agency’s considering to help AM broadcasters, opening a new applications window for AM stations to acquire FM translators has not been one of them. Now the drafting of new policy has begun that would take AM revitalization from consideration to implementation — and broadcasters are making a last-minute push to grab some FM crumbs.

In the last month, a motley crew of advocates for more FM translators have been making the rounds at FCC HQ. These include trade groups, individual broadcasters and other interested parties. Some of their arguments espouse wrongheaded notions of “salvation” for the most beleagured AM broadcasters. Read More

Should Broadcasters Sue Pirates?

In many respects, I feel sorry for FCC Commissioner Mike O’Rielly. He’s the #2 Republican on the five-member panel – the politically-weakest Commissoner. And he’s had to languish in the shadow of fellow Republican Ajit Pai, who’s commandeered the minority party’s bully pulpit on a plethora of issues ranging from journalistic independence to network neutrality.

So O’Rielly’s got to make a name for himself somehow, and he’s choosing pirate broadcasting as an issue on which to try. Last week, he published a blog post wherein he lays out some cockamamie suggestions on how to handle “the sourge” that is unlicensed broadcasting. Key to O’Rielly’s proposal is…the CAN-SPAM Act? Read More