Can’t say for sure, but the latest update to the Enforcement Action Database seems to suggest it, as the agency considers drastically cutting their already meager ranks. As of the end of April, there’ve been just 35 enforcement actions against 17 stations in four states. There has been no official report of field activity in May. In 2014, there were 52 enforcement actions in the same time-frame.
2014 saw the lowest level of FCC enforcement activity against unlicensed broadcasters in nearly a decade. Where agents are active, New York continues to lead the way, followed by New Jersey and California. A station in Colorado also got a warning letter this year, but that was a follow-up to a visit last year. Continue reading “In Face of Downsizing, Are FCC Agents Pulling Back?”
This is the work of Michelle Bradley, the proprietor of REC Networks – arguably one of the most gifted FCC broadcast data-analysts in the country. REC’s been engaged with LPFM since its inception 15 years ago, and has tendered a petition for rulemaking to create an upgraded LP-250 station-class.
The premise is simple: 100 watts maximum power at just 100 feet above the ground doesn’t make for much of an FM signal. Many LPFM stations are difficult to receive indoors. REC starts off the petition with a litany of LPFM reception horror-stories (my favorite being the retirement facility in North Carolina where the local LPFM station can be heard on one side of the campus, but not the other). These vividly illustrate how LPFM’s current power/height restrictions work against stations being able to build viable and sustainable listenership and fiscal sponsorship. Continue reading “250-Watt LPFM "Upgrade" Petition Filed”
A one-two punch on Capitol Hill for the FCC’s plan to decimate its field enforcement presence. The chairman of the House Committee on Energy and Commerce chair Fred Upton (R-MI) dropped a letter on FCC Chairman Tom Wheeler April 23rd demanding all agency documentation, “including all drafts, memos, emails analyses, PowerPoint slides, interim reports, and the final report related to your proposal to close FCC field offices,” as well as “all internal communications and internal analyses, related to the Enforcement Bureau and Office of Managing Director joint recommendtion to the commission to close the FCC field offices.”
The FCC has until this Thursday (May 7) to respond. At present, Congress is working on the same stuff leaked to the public earlier this month. Continue reading “Congress to Investigate FCC Enforcement Cuts”
All hail Michael Marcus: one of the policy-fathers of wi-fi and Bluetooth (and a man with unimpeachable FCC bona-fides) has released a compendium of documents regarding plans for the FCC’s radical shrinking of its Enforcement Bureau.
The cache has three parts: a letter from FCC Chair Tom Wheeler to Greg Walden (R-OR), a member of the House’s Committee on Energy and Commerce; a memorandum to FCC field staff from Enforcement Bureau Chief Travis LeBlanc and FCC Managing Director Jon Wilkins; and a PowerPoint slide summary of the outside consultant’s work, conducted by Oceaneast Associates and Censeo Consulting Group.
Here’s what it tells us: Continue reading “Document-Dump Details FCC Enforcement Cutbacks”
In many respects, I feel sorry for FCC Commissioner Mike O’Rielly. He’s the #2 Republican on the five-member panel – the politically-weakest Commissoner. And he’s had to languish in the shadow of fellow Republican Ajit Pai, who’s commandeered the minority party’s bully pulpit on a plethora of issues ranging from journalistic independence to network neutrality.
So O’Rielly’s got to make a name for himself somehow, and he’s choosing pirate broadcasting as an issue on which to try. Last week, he published a blog post wherein he lays out some cockamamie suggestions on how to handle “the sourge” that is unlicensed broadcasting. Key to O’Rielly’s proposal is…the CAN-SPAM Act? Continue reading “Should Broadcasters Sue Pirates?”
On the heels of some Congressional inquiry into the the FCC’s plan to radically cut its field enforcement resources, the National Association of Broadcasters finally chimed in. In a post titled “Defanging a Paper Tiger” (hm, where have I heard that term before?), NAB VP of Spectrum Policy Bob Weller gave the idea two big thumbs down.
Weller, who joined NAB last year after several years with the FCC working spectrum policy/enforcement issues, says the new proposal effectively undoes a service-cushion implemented by the agency when it last downsized its enforcement resources some 20 years ago: Continue reading “Reactions to FCC Enforcement Downsizing”
More details are trickling out about the proposal to dramatically slash the FCC’s enforcement presence in the field. To recap: two-thirds of the FCC’s 24 field offices would be closed, and staffing would be cut in half. To make up for the cuts, the FCC would establish a “tiger team” to descend on enforcement hot-spots, using pre-positioned equipment. Where the FCC cedes the field entirely, it seeks to establish relationships with private-sector interests to help with its job.
At a hearing on Capitol Hill last week on the FCC budget, Chairman Tom Wheeler attempted to explain the cuts. He said this is the first time the agency’s examined its enforcement activities in such depth in more than 20 years. They found the FCC’s “field footprint” to be “too large and inefficient.” His prepared testimony casts this as dispassionate math: simply put, the cost-per-employee out in the field is much higher than it is back at headquarters. Continue reading “FCC Enforcement Cuts: The Fine(ish) Print”
Several broadcasters have teamed up in a petition with the FCC seeking to change the agency’s sponsorship identification rules. Presently, if an entity pays a radio station to put a program on the air, the station must clearly disclose this relationship on the air at the time the sponsored programming is played. This rule is an old one, first instituted to crack down on the practices of payola and plugola — or the back-channel compensation of radio stations by record labels and promoters to spin their tunes.
The “Radio Broadcasters Coalition” reads like a who’s who of corporate radio: Beasley Broadcast Group, Cox Radio, Cromwell, Emmis, Entercom, First Natchez, Greater Media, Henson Media, and
Clear Channel iHeartMedia. Their 20-page proposal seeks to flip the script on payola/plugola disclosures, allowing stations to air music and sports programming that the station is paid directly for without any on-air disclosure at the time of broadcast. Instead, the Coalition suggests that stations engage in a “robust listner education program” about sponsored programming, run “daily announcements” about sponsored programming, and post “enhanced disclosures” online. Continue reading “Broadcasters: Music and Sports Payola is Okay”
A very interesting memorandum was leaked last week to two trade publications detailing a plan to severely reduce the FCC’s enforcement presence in the field. Presently, the agency’s Enforcement Bureau has two dozen field offices scattered throughout 17 states and Puerto Rico. However, not every field office is created equal: there are Regional Offices (many employees), District Offices (a handful of employees) and Resident Agent Offices (one or two people).
According to the American Radio Relay League, two-thirds of all FCC Enforcement Bureau offices would be closed, leaving just half the staff (33 people total) in the field. And their management is positively evicerated: reduced from 21 positions to just five. Continue reading “Massive Cuts Planned to FCC Field Enforcement”
Just updated the Enforcement Action Database and the signs are pretty clear: unlicensed broadcasting has slipped down the priority-list for FCC field agents. Actions against AM/FM and shortwave pirate stations last year were at their lowest level since 2005, the last time fewer than 200 were logged.
Tactically, even the agency’s penchant for paperwork seems to have slackened. Continue reading “FCC Steps Down Anti-Pirate Enforcement”