A morning raid brings a gaggle of Feds to Free Radio San Diego, who busted in the doors to take the most choice bits of the station away, including transmitter and antenna. Epithets were hurled and pictures taken by onlookers as agents dismantled stuff. A bounty is out for one of the FCC’s swanky cop-like polo shirts. The raid comes more than a month after the station got a standard-issue 10-day warning notice posted on its door – the third warning over nearly three years of operation.
Nobody was in the studio at the time, and FRSD’s warrant mentions no people, which means the FCC is still trying to figure out who’s behind the action. DJ Spike, in an interview on RadioActive San Diego, notes the station has a strong security culture, which is really helping set the wheels in motion for its return. Continue reading “Free Radio San Diego Raided, Won't Stay Down For Long”
Tag: enforcement
Test Cases for Florida's Anti-Pirate Law
Two men were arrested on the last day of June for running unlicensed stations in Broward County, Florida. They’re being charged with felonies under a new state law and face up to five years in prison. A pirate-busting sheriff’s detective seems pleased with his handiwork, but it’s been nearly a year since the law went on the books and this is the first action to speak of. Signal Finder, those pirate-hunters for hire – are not making out like they’d hoped.
A pending petition from the American Radio Relay League to the FCC, which asks the agency to declare the Florida law null and void (by federal preemption) may not be ruled on for several more months. Perhaps the state will rush its prosecution in hopes of beating the FCC to a resolution. The south Florida scene has certainly transcended microbroadcasting, sounding like a little slice of London – if not so much on the air then in the modus operandi.
Enforcement Action Database Update
I’ve added several dozen entries to the Database, bringing the total number of enforcement actions catalogued above 500. This includes a slew of activity in 2005 and the backfilling of information from 2001 forward. New York overtakes California as the second-hottest spot in the nation (yet Florida still outpaces all with ease); November flashes past July as the busiest month for pirate-busting.
While it appears that FCC enforcement activity against microbroadcasters has ramped up in the post-LPFM rulemaking years, it’s important to remember that a single station is often responsible for several data points, as field agents often make repeated visits and attempts to inspect a station before escalating matters. Continue reading “Enforcement Action Database Update”
FCC Raids radio free brattleboro
An early-morning raid today backed by Federal Marshals has rfb off the air. The FCC had secured a warrant for arrest of the transmitter and associated gear “from a Burlington magistrate,” which means it did not come from the Brattleboro-based judge hearing the station’s case. Surprisingly, they actually left some gear behind (not much, but it wasn’t a complete scouring).
This is a highly unusual move as the FCC has typically let any court proceedings play out before attempting another enforcement tack. In fact, the station’s reaction to the raid notes that it had dropped its own attempt to secure an injunction against the FCC because of assurances that the agency would keep the dispute in the realm of the courts. Apparently a lack of patience caused the agency to renege. Continue reading “FCC Raids radio free brattleboro”
AMC Rocks Haus; FCC Drops Lit @ BLR
Freshly back from the 2005 Allied Media Conference, which definitely lives up to its hype. I didn’t get a good sense of just how many people were there in total, but the AMC bowling party was definitely overflowing. The microradio workshop went off great (I caught nobody napping). The dulcet sounds of pirate radio songs, bust audio, and the KJR culture jam simulcast could be heard throughout the Bowling Green State University student union for the duration of Saturday. Now it’s time to hope that inspiration takes root.
With three AMC sessions going on at any given time I ended up flitting between various things, except for Sunday, when I indulged in the conference film festival. Most of the panel sessions were taped, although the raw audio is of variable quality. I met a lot of talented and passionate people doing amazing work, like further exploration of the “hybrid radio” concept (webcasting plus microradio), turnkey tactical webcasting, radical librarianship, and oodles more. Continue reading “AMC Rocks Haus; FCC Drops Lit @ BLR”
FCC Seeks Summary Judgment in radio free brattleboro Case
According to this article in the Brattleboro Reformer, the FCC spent the last 15 months ignoring judge J. Garvan Murtha’s concerns about the lack of local access to the airwaves. That’s why he denied the agency’s request for a temporary injunction against rfb in the first place.
Instead, the best assistant U.S. Attorney Michael P. Drescher can come up with, apparently, is “we don’t give out licenses to 10-watt stations, therefore radio free brattleboro must not broadcast.” Which is not exactly true: the FCC’s LPFM service contains a provision for so-called “LP-10” stations that would broadcast with 10 watts or less, but it has never solicited applications for LP-10 stations. How can a station acquire a license the FCC maintains on its books but refuses to issue? Continue reading “FCC Seeks Summary Judgment in radio free brattleboro Case”
St. Petersburg's Pirate Radio Network Down But Not Out
Bob Noxious has two brass ones: after a scant two months on the air and scads of publicity to show for it, the FCC showed up the day before April Fool’s and told him to shut up. He has complied – for now –
Although we will have to endure a short time of static on the radio, we won’t be silenced for long. Thanks to modern technology…when the PIRATE RADIO NETWORK returns, [the station] will be broadcast from MULTIPLE transmitters in numerous locations throughout the area. Not only will that expand the listening area, but it will be with a much crisper and cleaner signal. Lets see how many transmitters the F.C.C. can shut down at one time! Continue reading “St. Petersburg's Pirate Radio Network Down But Not Out”
Liberation Radio Loses Seizure Challenge, Plans Appeal
A somewhat skimpy story notes the ruling against SFLR‘s challenge came down on March 14. Alan Korn has graciously provided 
a copy. It’s grim reading: first and fourth amendment arguments are bounced, and District Court Judge Susan Ilston avoids the station’s direct challenge to FCC rules with the jurisdictional wiggle (“that issue belongs in D.C., not with me”).
The station’s attorney, Mark Vermeulen, hopes for better things at the Ninth Circuit: “Courts of Appeals have more leverage in establishing new precedents.” Yet the two most successful microbroadcast cases ever litigated, involving Free Radio Berkeley and Radio Free Brattleboro, scored their victories at the district court level. Continue reading “Liberation Radio Loses Seizure Challenge, Plans Appeal”
Liberation Radio Plans Appeal
Another strange day in court for the folks at San Francisco Liberation Radio. This morning they got another chance to argue their case in front of federal district judge Susan Illston: this time the station’s legal team emphasized that it has eight years’ worth of correspondence with the FCC, which should (at some level) make their case somehow different, and their argument against the station raid and seizure process somehow more compelling.
Karoline Hatch wrote in an update: Continue reading “Liberation Radio Plans Appeal”
Scene Report: Florida
Amateurs on the offensive: The American Radio Relay League has formally petitioned the FCC to nullify Florida’s anti-pirate law passed last year. Not because hams like pirates, but because they’re afraid the law’s so broadly written that any amateur who inadvertently interferes could be branded a criminal. ARRL’s 10-page Request for Declaratory Ruling is an excellent encapsulation of the legislative and judicial history for why laws like Florida’s shouldn’t be on the books.
Meanwhile, some clenching reporter from a Fort Myers TV station put together an “exposé” of a local hip-hop pirate station using indecency as a hook, complete with bleeped clips and the shocked reaction of a (white) mother’s face after she tuning in for the cameras. 
The reporter, with help from a local commercial radio station worried about the pirate’s effect on its listenership, went so far as to track down the transmission location. It also calls use of the internet as STL a growing trend.