The FCC’s Trumpian Shift is On

The governing paradigm in contemporary U.S. communications policy is genuflection to principles that invoke the “free market,” especially post-1980 when economics captured the policymaking process. As such, all Federal Communications Commissioners, regardless of party, will couch their positions and rationales in this language, though nearly all also make the effort to connect their rationales to something akin to “the public interest,” which has been the principal ideal as mandated by the agency’s own authorizing statute.

But the FCC’s also been a safe space for the occasional ideologue who worships capitalism as the human condition most worthy of emulation. It is not a radical notion to believe that an economic theory may not be an appropriate paradigm by which to organize all of the workings of an entire society. Folks who do believe that are market-fundamentalists; and whether it comes in economic, political, or religious flavors, fundamentalism is an extreme that the act of being civilized tends to temper. 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

A Trump FCC and Pirate Radio: Prepare for Struggle

The United States is still trying to come to grips that it has elected a proto-fascist as its next chief executive. With the Republican Party in firm control of the legislature and the ability to shape the judiciary for the next several decades, lobbyists of all stripes are drooling at the prospects of a bona-fide kleptocracy.

Of all the things expected to be decimated in the Trump era, media and communications policy are among them. Others have already written about the potential for a GOP-run Trump FCC to undo several years’ worth of media reform efforts, such as network neutrality, media ownership limits, and many other things. We still don’t know who Trump may nominate to chair the Commission, though there’s talk that one of the two sitting GOP Commissioners may get the nod.

Neither will be good: Ajit Pai is a trenchant disciple of neoliberal economic theory, and pretty much sees all regulation as bad regulation; Mike O’Rielly, who helped write the Telecommunications Act of 1996 (though tellingly does not crow about it), is pretty much the same. But O’Rielly’s crusade to eliminate unlicensed broadcasting from the nation’s airwaves has gotten a significant boost with this election. 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

Fiscal “Threat” Posed By NY Pirates Belied By Broadcasters’ Own Data

As a part of the campaign now underway to bring the (nonexistent) hammer down on unlicensed broadcasting in the New York metropolitan area, licensed broadcasters are alleging a variety of “harms” caused by pirate stations. Many of them are vastly overblown, such as the threat of interference they pose to a variety of communications networks, dangers from uncontrolled radiation — and, in the newest charge, economic hardships they cause to licensed stations.

The contention that pirate radio stations infringe on the radio industry’s right to make mad profits was first floated in an April 2015 blog post by Republican FCC Commissioner Mike O’Rielly; he claimed unlicensed broadcasting “causes unacceptable economic harm to legitimate and licensed American broadcasters by stealing listeners.” Read More