Removing the Public From Public Files

The FCC is currently considering a proposed rulemaking to radically change the content of the public files maintained by broadcast stations. Within the last few years, the agency has deliberated and approved changes in the way public files must be kept: everything’s moving online now, which will ostensibly make both maintaining and browsing public files easier on broadcasters and the viewing/listening public.

The migration of public files online is happening gradually; television stations went first and now radio stations are following on. Radio stations in the top 50 markets must make their public files available online by no later than June 24th. Public files contain a plethora of information about any given station; for commercial broadcasters, this includes station engineering specifications, hiring practices, political/public-interest programming, and correspondence with the public directly. Read More

Paper Tiger Warns: Don’t Do Business With Pirates

With unlicensed broadcast operations taking place with impunity in several of the nation’s largest media markets, and facing near-emasculation in the field, the Federal Communications Commission is taking a new tack to try and ameliorate the “pirate problem.”

A letter co-signed by all five Commissioners was mailed out last week to several local government and industry trade groups, including the U.S. Conference of Mayors, National Association of Chiefs of Police, Association of National Advertisers, and National Association of Realtors, among several others.

This letter seeks to inform the recipients about who pirate stations are and asks that they avoid doing business with them. The letter claims that unlicensed broadcasters “can cause harmful interference to licensed radio broadcasters serving their communities, thereby starving stations of their ability to reach their listening audiences and obtain necessary advertising revenues.” It also claims that pirate stations have the potential to interfere with public-safety radio systems.

The tone is slightly admonishing: the recipients are informed that they “may be unknowingly or unintentionally providing aid to pirate stations. . .including buying advertising on such stations to housing the physical stations themselves.” The Commissioners hint that this may expose them to “potential FCC enforcement or other legal actions,” and cautions that being in business with a pirate station may also “sully the reputations of those businesses with the licensed broadcast community and other professional organizations” – sort of a “Scarlet P” approach. 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

FCC Pirate Radio Enforcement Drops to 2004 Levels

This year has been fairly unremarkable regarding the FCC’s unlicensed broadcast efforts: just 111 actions against a few dozen stations across 10 states. However, the overwhelming majority (76%) of enforcement efforts this year have been have been focused on the FM dials of New York and New Jersey. This is a clear sign of the broadcast industry’s active involvement in the enforcement process, acting as a conduit for complaints on which the FCC follows up.

That said, enforcement tactics remain almost wholly administrative. Only five Notices of Apparent Liability totalling $70,000 have been issued this year, while just one fine of $20,000 has been levied against a pirate radio operator. In every case, the FCC built up at least six months’ of evidence; in some instances (particularly involving pirates facing threats of fines in New Jersey), the unlicensed broadcasters have been on the agency’s radar since 2012. Read More

AM Revitalization Order Released

At the close of business last Friday, and with little fanfare, the FCC released its first AM revitalization Report and Order. This rulemaking began two years ago and the most significant outcomes have little to do with the AM band itself.

Comparing the FCC’s proposed rulemaking to the R&O shows that most of the agency’s initial proposals will be enacted. This includes things like allowing for more flexbility on interference calculations and protections, antenna siting and design, the option to use analog transmission protocols that are more energy-efficent, and increased utilization of AM’s expanded band channels. But the meat of the R&O involvews developments regarding the FM band and the utter lack of comment on a digital strategy for AM. Read More