FCC Anti-Pirate Enforcement in 2016: Symbolic Inflationism Ahoy


A surprising uptick in the Enforcement Action Database for 2016: 201 total actions were logged last year, which is up from the prior two years. Furthermore, the frequency of threats of fines and actual fines against unlicensed broadcasters also rose: 9 NALs issued for a total of $155,000, and 5 forfeitures handed out for a total of $65,000. We haven’t seen numbers this large since 2014.

It gives some statistical credence to recently-former FCC Chair Tom Wheeler’s assertion that, despite the agency’s admittance that its license-enforcement protocol is effectively broken, it hasn’t ceded the field entirely. Unfortunately, statistics can be fudged, and the FCC’s done that well in the last year. 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

NY Broadcasters Try Quantifying Pirates

Tell us something we don’t know: they are pervasive and may outnumber licensed broadcasters in the number one radio market in America.

Meintel, Sgrignoli, & Wallace's magic pirate listening vanThat’s the most notable takeaway from a 103-page report (also embedded at the end of this post) prepared for the New York State Broadcasters’ Association by Maryland-based consulting engineers Meintel, Sgrignoli, & Wallace, who camped out at four locales in the NYC metropolitan area — two in NYC proper and two in New Jersey — earlier this year with a cleverly-camouflaged monitoring van (at right) and basically did FM bandscans.

They picked up 76 pirates on the dial…though they estimate that “there may be more than 100 unauthorized stations” on the air in total. According to the report, this is not the first pirate-survey MS&W has been commissioned for — similar bandscans were conducted in 2012, 2014 and 2015. Compared to last year’s findings, the number of unlicensed broadcasters in Brooklyn alone has increased some 58%, though there’s no way to compare figures since the earlier reports have not been made publicly available. Read More