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.
2017 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). Continue reading “Paper Tiger Roars in 2017 – To What End?”
It was a crisp but comfortable fall day in 2000 when I was invited to the University of Wisconsin-Madison’s Memorial Union Terrace for a beer-summit about an interesting project-proposal. I was preparing to leave my career in commercial radio journalism out of disgust with the industry’s post-Telecom Act trajectory and had applied to the UW to start a master’s program in hopes of learning more about what had gone wrong with my chosen vocation, so the timing of this meeting was fortuitous.
It was the brainchild of then-UW School for Workers professor Frank Emspak: drawing on decades of experience in the labor movement and as an activist more broadly, Frank was worried that the voices of working people were being squeezed out of our media conversations, especially as business news increasingly focused on corporate executives and stock-prices, and our media outlets themselves were increasingly subject to the whims of finance capital. What if there were a news outlet run by workers, for workers, that put what passed for “business news” in the proper economic context?
A couple pitchers later, the four of us around that Terrace table had sketched out the framework for what would become Workers Independent News: the first national, labor-centric radio news program to be launched in the United States in several decades. We produced daily newscasts, feature stories, and other content from a DIY newsroom/studio in Madison and utilized our website for distribution — in effect launching a podcast long before podcasts became cool. Dry-runs of the production process began in late 2000, and WIN was officially launched in early 2001. Continue reading “Workers Independent News: 2001-2017”
The descent into authoritarianism continues apace in the United States, where Donald Trump went on a tirade against NBC News last week for publishing stories about him that he doesn’t like. Repeatedly, Trump suggested that NBC have its broadcast licenses revoked for all the “fake news” that it publishes.
Leaving aside the fact that television networks are not licensed by the Federal Communications Commission (broadcast licenses are awarded to individual radio and TV stations) and thus Trump (again) doesn’t know what he’s talking about, such vitriol from the nation’s chief executive should alarm any American who has actually read the U.S. Constitution. No surprise, then, that several members of Congress and many others have called out Trump for his attack on the First Amendment, and there’s even a case to be made that Trump’s ignorant threats already run afoul of it.
Over at the FCC, both Democratic Commissioners haven’t remained silent in the face of this bluster. Mignon Clyburn low-key responded in tweet-form, commenting that the only way TV stations might see their licenses revoked at Trump’s behest is if “we fail to abide by the First Amendment.” It bears noting that Clyburn may be mulling a run for elected office, so she’s obviously playing this close to the vest.
Meanwhile, Commissioner Jessica Rosenworcel, who was just reappointed to the FCC for another term after a short hiatus, has been much more forceful. Not only has she castigated Trump on social media, but she’s also gone on CNN and told media reporter Brian Stelter that “History won’t be kind to silence. I think it’s important for all the Commissioners to make clear that they support the First Amendment, and that the agency will not revoke a broadcast license simply because the president is dissatisfied with the licensee’s coverage.” Continue reading “Ajit Pai: Silence is Consent to the Trump Agenda”
The rotten hubris that is the Trump administraton is in full bloom at the FCC. It began when its leadership refused to defend core communications principles like free speech and press and flourished when they swore fealty to hypercapitalism and preemptively demonized those who may oppose their policy agenda. Now the dirty tricks have arrived. It’s all so far outside the already-troublesome norm of how media policy is made as to be head-spinning.
Let’s begin with the agency’s effort to repeal network neutrality regulations. An issue that’s overly complicated in most news coverage, the nation turns to John Oliver to make sense of it. He’s done this twice now – most recently in May, and as before his coverage inspired millions to visit the FCC’s public-comment site and make their thoughts known on the issue.
The first time, the public response in favor of net neutrality was so overwhelming that it crashed the FCC’s servers. This time, the system went down again…but the FCC claims that it was due to a malicious attack of unknown origin. According to (now-gone) Chief Information Officer David Bray, as Oliver’s latest segment went to air, “the FCC was subject to multiple distributed denial-of-service attacks (DDos). These were deliberate attempts by external actors to bombard the FCC’s comment system with a high amount of traffic. . .[they] were not attempting to file comments themselves; rather they made it difficult for legitimate commenters to access and file with the FCC.” Continue reading “FCC's Trumpist Trajectory Intensifies”
His boss has repeatedly asserted that journalists are the “enemy of the people,” but when FCC Chairman Ajit Pai was asked directly at a Senate hearing earlier this month whether he agreed, he skillfully talked around it. Claiming reluctance to “wade into the larger political debates,” Pai commented that he believed “that every American enjoys the First Amendment protections guaranteed by the Constitution.”
After the hearing, 13 Senate Democrats sent Pai a letter asking for more detail on his commitment to press freedom, and his response was perfunctory – though he did assert that he thought Trump was talking about “fake news” being the enemy, not legitimate journalism.
Unfortuantely, Pai’s past actions as a lowly Commissioner completely contradict these claims. There are two cases that make this plain. Continue reading “Ajit Pai's Forked Tongue on Media Freedom”
Sad but true: last Friday, the FCC finally responded to my appeal of its denial of my Freedom of Information Act request involving a case in which the agency declared Workers Independent News to not be news.
The dismissal was fairly perfunctory. What I was primarily asking for was the other 5,600+ pages of documentation the agency collected regarding correspondence (both internal and external) and deliberations on the WLS/WIN case (it only released 88 heavily-redacted pages). My primary objective was to discover the identity of the complainant who kicked off this sordid saga, as well as the identities of FCC staff who took the complaint and turned it into libel by official writ. Never before in the history of U.S. broadcast regulation has the FCC made a content determination on the legitimacy of a news organization. Continue reading “FCC to WIN: You're Not News, Get Over It”
On Thursday, February 25th — one day before the Radio Preservation Task Force‘s inaugural conference — I traveled to Washington, D.C. to meet up with friend and colleague, Dr. Christopher Terry, who was also attending the conference. Like me, Dr. Terry is a media law and policy scholar who hails from Wisconsin. And also like me, Dr. Terry has been watching with interest the FCC’s foray into definining journalism on the public airwaves.
In his classes, Dr. Terry uses the Commission’s $44,000 fine against WLS-AM for airing newscasts produced by Workers Independent News as a teaching point to explore the FCC’s regulation of sponsored content. In prior posts, I’ve explained how Workers Independent News purchases airtime on selected commercial radio stations to air its newscasts and features. The FCC case stemmed from WLS-AM’s failure to run the required disclaimer that WIN had paid for its own airtime in a small fraction of broadcasts.
But when the FCC decided to sock WLS with such a stiff fine, it made WIN’s legitimacy as a news organization key to its rationale. Unprecedented in the history of U.S. broadcast regulation, the FCC effectively declared Workers Independent News to not be news, thereby justifying such a large forefiture.
Shortly after the FCC’s 2014 decision, I filed a Freedom of Information Act request with the agency for all documents related to its decisionmaking process in the WLS case. Last November, FCC attorneys reported back that they had identified several thousand pages of material…but released less than 90 redacted pages. Among them was the original complaint that kicked off the FCC’s inquiry, which defamed Workers Independent News as an activist organization masquerading as a news outlet. It was on this allegation that the FCC seemed to rest its case. Continue reading “"The Documents Are Not Available"”
Seemingly out of nowhere: last Wednesday the executives at the award-winning cable news channel Al Jazeera America called an all-hands meeting and announced they would be closing down at the end of April. More than 700 people are expected to lose their jobs. AJAM first launched on 2013 and has struggled mightily to achieve a meaningful audience and generate advertising revenue.
Many of the preemptive post-mortems of AJAM assert that the problem with the channel was its journalism. Al Jazeera more broadly has a reputation for doing the style of reporting that curries no favor with the powerful, making for a fresh perspective in the U.S. cable news world. It also attracted a substantial roster of solid journalists from both commercial and public television.
The focus on AJAM’s content is misguided, for in many respects the network had the deck stacked against it before it ever took to the air. For this, you can primarily blame Team Cable: Comcast, Time Warner, Verizon, Charter, et al., the de facto oligopoly which functions as a gatekeeper to the cable television platform itself. Continue reading “Al Jazeera America Done in by Team Cable, Cheap Oil”
A year and a half since I tendered my Freedom of Information Act request with the Federal Communications Commission on its disturbing foray into determining the legitimacy of broadcast news outlets, the agency has finally responded. And it was with a big middle finger: of the more than 4,200 pages of documentation the agency identified as related to the case, the FCC released a paltry 88 (embedded at bottom).
The vast majority of this release is meaningless. It includes copies of the official orders in the WLS sponsorship-identification case, copies of the spot-sales contracts Workers Independent News entered into with WLS (it spent more than $33,000 to air its newscasts and feature programs on the station over a three-month period), official correspondence between the FCC and WLS’ attorneys related to the initial complaint inquiry, and some redacted e-mail correspondence between FCC staffers regarding the collection of the $44,000 fine assessed against WLS.
However, what little useful information gleaned from the disclosure only heightens the suspicion that the sponsorship-identification case against WLS was not motivated by the station’s failure to disclose (in a fraction of instances) that Workers Independent News had paid for its airtime, but rather by a right-wing operative seeking to muzzle Workers Independent News on ideological grounds. Continue reading “FCC Facilitated Right-Wing Hit Job on Workers Independent News”
It’s been a busy academic year, and we’re only two months in! Here are some things going on in my professional life that might be of interest to you:
Radio’s Digital Dilemma will be released in paperback next year, somewhere in the January/February timeframe. This came as a pleasant surprise, and signifies that Routledge thinks there’s a larger readership beyond the few hundred that can afford the exorbitantly-priced hardcover.
RDD will be available via Routledge Paperbacks Direct, a publish-on-demand system which absolves the need for bulk print-runs. Continue reading “Professional Miscellany”