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

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

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