Paper Tiger Roars in 2017 – To What End?

There are still a few pirate radio enforcement-cases from 2017 that the FCC has yet to release, but by and large the numbers from last year are in and they most definitely show an uptick in the number of enforcement actions against unlicensed broadcasters. As of today, there were 383 enforcement-actions across 18 states, compared to 207 actions in 2016 covering just nine states. For the second year running, Florida tops the list of states with the most anti-pirate enforcement, followed by Massachusetts and New York.

FCC Anti-Pirate Enforcement Actions Enforcement Actions by Year, 1997-20182017 ranks as the fifth-busiest year for enforcement activity in the 20-year history of the Enforcement Action Database, eclipsed only by a tear the FCC’s Enforcement Bureau went on during the end of President Bush II’s second term and Obama’s first term, when a proposed expansion of LPFM was being debated. Of the activity logged last year, the vast majority were station-visits (201, or 52%) or Notices of Unlicensed Operation (aka warning letters, 168, or 44%). The remaining 4% of enforcement actions included Notices of Apparent Liability (aka pre-fines, of which there were four) and Forfeiture Orders (nine).

In 2016, the FCC’s Enforcement Bureau issued nine NALs and five Forfeiture Orders, so on balance there’s no real movement or improvement in the agency’s escalation-protocol beyond initial contact(s). Read More

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

Paper Tiger Teams MIA…So Far

Our mid-year update to the Enforcment Action Database shows absolutely no change in the FCC’s enforcement protocol regarding unlicensed broadcasting. Although the agency is running ahead of its enforcement action pace last year (70 to date, compared to 125 for all of 2015), it’s well off the highs seen late last decade. Fewer than three dozen unlicensed radio stations in just six states have had some form of contact with the FCC in 2016.

DIYmedia: FCC Unlicensed Broadcast Enforcement Map, 2016So far, Florida is the hottest spot for FCC activity with 25 actions to date; New Jersey and New York respectively round out the top three. That’s a surprising drop for the Empire State, which has not only topped the list for the last four years but whose Congressfolk and licensed broadcast constituency (along with their colleagues in New Jersey) have been clamoring for more anti-pirate policing.

Some of this political pressure may have been a factor in three monetary forfeitures issued to New Jersey pirates last month. Industry trades made great hay out of the $40,000 in total penalties — but all of these stem from cases that originated last year. That said, the FCC handed out just a single forfeiture in 2015, but perennial collection difficulties remain. Read More