Justice Takes A While

Exactly six months ago, I filed a complaint with the FCC regarding Madison right-wing radio harpy Vicki McKenna’s violation of broadcast law by playing a recorded phone call without the permission of the caller. Since then, McKenna’s employer, the Clear Channel-owned WIBA-AM, pulled McKenna’s podcasts from the station web site and McKenna claimed that she and her employer were being unjustly persecuted. (Her podcasts have been restored during the last month – including the show that landed her in hot water in the first place.)
Nothing could be further from the truth: the more speech the better, but use of the public airwaves comes with some responsibilities. So I called the FCC’s consumer help-line to inquire about the status of my “case.” Continue reading “Justice Takes A While”

FCC Mulls Fine Print of LPFM

Reply comments in the FCC’s ongoing rulemaking to expand the LPFM service are due on September 27. REC Networks‘ Michi Eyre has written an excellent (and wonky!) summary of comments filed in the proceeding to date by those who have focused on the elephant in the room – the troubled relationship between LPFM and FM translator stations.
Over the last twenty years, the use of FM translators has evolved dramatically. Once a secondary service, such stations are now being deployed as stand-alone outlets around the country. Following the creation of the LPFM service, broadcasters made a run on spectrum for FM translators which has resulted in seven translators going on the air for every one LPFM station over the last decade.
The FCC is now attempting to “level the playing field” so that the explosive growth of translators does not suffocate any LPFM expansion. Continue reading “FCC Mulls Fine Print of LPFM”

FCC Enforcement: Old and New

A much-overdue update to the Enforcement Action Database is done. So far in 2011, the FCC has conducted less than 100 enforcement actions – way down from this time last year, when 359 were already on the books.
The major changes to this year’s enforcement trends include an apparent stiffening of fiscal penalties and a diversification of enforcement across all broadcast bands. On the first point, the FCC seems to be increasing fines from the base-penalty of $10,000. Not that this actually works as a deterrent: in cases where an unlicensed broadcaster demonstrates an inability to pay, fines must be radically reduced. Continue reading “FCC Enforcement: Old and New”

FCC Considers LPFM Expansion

This week the FCC released another Notice of Proposed Rulemaking designed to expand the LPFM service, with special emphasis on the placement of new LPFM stations in cities. The primary point of contention is how the agency should treat LPFM stations with regard to FM translators.
(A quick overview: LPFM stations broadcast with 100 watts or less and must be live and local, while FM translators can broadcast with up to 250 watts and may not originate their own programming.)
The spectral conflict between LPFM and translator stations is a big one. On purely technical grounds they are essentially equivalent services, but by rule translators may be sited closer to neighbors on the dial than LPFM stations can. In addition, since the first round of LPFMs were licensed a decade ago (of which 829 are on the air), several thousand FM translators have begun broadcasting in the intervening years. Continue reading “FCC Considers LPFM Expansion”

FCC Flexing Enforcement "Muscle"

Radio industry trades and watchdogs have played up last month’s raid and seizure of pirate station Datz Hits 99.7 FM in Boston. According to the FCC and Department of Justice, Datz Hits caused interference to a licensed commercial radio station as well as an air traffic control frequency at Boston’s Logan International Airport.
Said Enforcement Bureau Chief P. Michele Elison, “This is an important issue for licensed broadcasters and for the public in general, as both groups rely on the vigilance of the FCC to keep the airwaves free of interference. This enforcement action reflects our continued commitment to that objective.” Continue reading “FCC Flexing Enforcement "Muscle"”

"Studying" the Implicatons of LPFM's Expansion

As part of the compromises made to pass the Local Community Radio Act through Congress, a provision was inserted which requires the Federal Communications Commission to examine the “economic impact” LPFM stations have on full-power FM stations.
Comments on the proposed ground-rules of the “study” are due to the FCC in a month, and the study itself is supposed to be tendered to Congress early next year.
The FCC must probe two questions: what effects will an LPFM expansion have on the advertising revenue and audience-share of full-power radio stations?
On its face, the “study” is nothing more than a make-work exercise for the FCC, arguably designed to slow down the expansion of the LPFM service. Its primary questions are absurd – and pretty simply answered. Continue reading “"Studying" the Implicatons of LPFM's Expansion”

FCC Enforcement: Shortwave on Radar?

The Enforcement Action Database continues to show a relatively lackadaisical year of pirate-hunting shaping up: just 35 actions through mid-April.
Should the trend continue, enforcement activity against unlicensed broadcasters may approach levels not seen since 2005-06, the start of the FCC’s post-LPFM station-hunting campaign. This would signify a significant shift and could be indicative of strategic revisions involving the agency’s spectrum enforcement priorities more generally. Continue reading “FCC Enforcement: Shortwave on Radar?”

Nailed 'Em: Station Flaunts FCC in Pursuit of Partisan Politics

A lightly-edited version of this article was re-published on the Isthmus Daily Page.
The ongoing protests in Wisconsin over Governor Scott Walker’s plans to corporatize the state still resonate in Madison’s media environment. Unsurprisingly, the active involvement of unions in an issue that directly affects their future relevancy has been fodder galore for right-wing media pundits.
One of those pundits is Vicki McKenna, the host of some shrill demagoguery on Clear Channel-owned WIBA-AM, Madison’s bastion of reactionary talk radio. Last week, Vicki thought she had a sure thing in hand to punk organized labor – but it turns out she’s the one more likely to get stung. Continue reading “Nailed 'Em: Station Flaunts FCC in Pursuit of Partisan Politics”

FCC Enforcement: Pirates Less a Pirority?

It’s been a surprisingly slow year so far in the FCC’s low-intensity war against unlicensed broadcasting.
After 2010’s decline in year-over-year enforcement actions, it would seem that field agents’ priorities are shifting.
Four people have been hit with a total of $75,000 in Notices of Apparent Liability (i.e., pre-fines) this year. However, three of those cases are carry-overs from 2010. Continue reading “FCC Enforcement: Pirates Less a Pirority?”