FCC and Pirates: Going Through the Motions Faster

Signifying what the industry trades call a “crackdown” and added “pressure” on unlicensed broadcasters, the FCC’s Enforcment Bureau has stepped up its issuance of warning-letters, primarily to pirate stations in New York and New Jersey. Of the 94 enforcement actions against unlicensed broadcasters this year, 52 of them have taken place in these two states. Enforcement activity also includes two Notices of Apparent Liability and seven Forfeiture Orders, for cases that originated in 2015-16. Overall, however, the pace of enforcement actions is running behind the totals of a year ago.

This is not necessarily an expansion of enforcement duties. NYC-based field agents especially are now doing what they call “follow-up investigations” – in a nutshell, agents now re-visit unlicensed stations they’ve already contacted. If they are still on the air, they issue yet another warning letter to the operator (or, in the case of one New Jersey-based pirate, to the owner of the property where the station is housed, who was not in on the first-round contact). “Follow-up investigations” typically occur within 1-3 months of initial contact with the offending station. But if stations aren’t fazed by the first FCC nastygram they get, what are the odds the second one will change their ways? 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

FCC Enforcement: Anti-Pirate “Muscle” Now Slower than Molasses

I’ve updated the Enforcement Action Database this week, due to some news out of the FCC regarding its enforcement efforts against unlicensed broadcasting, all of which show little change to the wimpish status quo.

The agency tells Radio World that its plan to close 11 field offices will commence in January of next year. More than 40 field-agent positions will be cut, leaving just 13 offices remaining across the country, with a combined staff of three dozen. These will be backstopped by two “Tiger Teams” staged in Colorado and Maryland, to be dispatched to areas where an “interference crisis” exists within 24 hours.

However, what will those boots on the ground actually do when they get there? If the enforcement protocol itself does not change, the answer will be very little. Once need only look at the three most recent Notices of Apparent Liability issued by the Enforcement Bureau against pirate broadcasters in the last few weeks: touted mightily by the industry trades, a closer look shows a curious pattern of disengagement. Read More