PIRATE Act Passes House on Voice Vote

On Monday, the full House of Representatives approved the PIRATE Act on a voice vote (no roll call). This comes just a week after its Energy and Commerce Committee endorsed the bill (also on a voice vote) with some amendments, and two months after the bill was initially introduced.

The amended bill ups the size of financial penalties for unlicensed broadcasting to $2 million, requires the FCC’s Enforcement Bureau to conduct an annual sweep of the top five radio markets where radio piracy is most prevalent (with follow-up “monitoring sweeps”), gives field agents the option to skip the initial warning-letter in cases where the broadcasts are ongoing, and requires the FCC to establish a database of both licensed and unlicensed radio stations. It also notes that no additional funding will flow to the FCC in order to undertake these new regulatory burdens. Read More

PIRATE Act Sets Sail in House

In May, Rep. Leonard Lance (R-NJ) introduced the “Preventing Illegal Radio Abuse Through Enforcement Act,” otherwise known by the acronym PIRATE Act. The bill makes several changes to existing FCC regulations regarding unlicensed broadcasting:

1. The maximum monetary penalty that can be assessed for unlicensed broadcasting on the AM and FM bands is increased from an aggregate maximum of $100,000 to $2 million, and can be doled out in increments of $100,000 per day. These fines can be issued against the pirate broadcaster directly, or against any entity that “knowingly and intentionally facilitates pirate radio broadcasting.”

“Facilitates” is defined as “providing access to property (and improvements thereon) or providing physical goods or services, including providing housing, facilities, or financing, that directly aid pirate radio broadcasting.” This hearkens back to a historical precedent set by European laws in the 1960s that attempted to outlaw offshore pirate radio by making it illegal to supply and advertise on the station-ships and platforms operating in international waters. Read More

Now They Tell Us: FCC, Congress Rethinking Enforcement Drawdown?

Radio World revealed earlier this month that the acting chief of the Enforcement Bureau, Michael Carowitz, held a videoconference with members of the Bureau’s field-agent staff. The call revealed that the FCC’s downsizing of its enforcement resources has begun, with 11 field offices closed over the last several months (Anchorage, AK; Buffalo, NY; Detroit, MI; Houston, TX; Kansas City, MO; Norfolk, VA; Philadelphia, PA; San Diego, CA; Seattle, WA; Tampa, FL; and San Juan, PR) and 14 remaining open.

At present, that leaves just 34 field agents covering the entire country – this includes one of two roving “Tiger Teams” of agents organized to backstop the decimated staff in-residence. That’s almost a cut of half from the prior force of 60 that spanned the nation. It’s also important to keep in mind that these agents are responsible for enforcing all FCC regulations, not just the broadcast license requirement. Read More

Window Brings Surge of Translator Deals

On Friday, the FCC opened a six-month filing window for AM broadcasters to acquire existing FM translators, and move them up to 250 miles into their local coverage areas. This is part of the agency’s AM revitalization initiative — though it’s still not exactly clear how FM spectrum fixes AM’s fundamental difficulties.

This window is exclusive to lower-power AM broadcasters; the large “flamethrower” stations will get a crack at the translator shuffle later this summer, and then the FCC plans to open an application window for new translator stations next year. The marketplace for translators, which has been simmering mightily underground for nearly a decade, has fully burst into the mainstream with the FCC’s blessing. Read More

Radio Stations Fall Victim to Cyberattack (Again)

Several radio stations in small markets throughout the United States are licking their wounds after suffering cyber-intrusions.

The alarm was first sounded by a cluster of radio stations in Louisiana on October 16. When the morning crews arrived, they found they had no access to the stations’ automation systems or music libraries. Instead, the data on their computers had been encrypted and frozen…and then they began to receive e-mails asking them to pay hundreds of dollars in order to set their machines free.

The stations’ owner reports that instead of paying the ransom demand, they’ve reported the intrusions to the police and plan to rebuild their systems from scratch. It will cost “tens of thousands of dollars” to undo the damage that the malicious software has inflicted, and they apparently keep finding more compromises as they continue their damage assessment.

Then last week, stations in Arkansas and Virginia announced that they, too had been infected by software that scrambled several of their computer systems and demanded payment to restore them. And this week, a cluster of stations in Michigan belatedly reported that they suffered the same sort of attack in September. Read More