The FCC’s Enforcement Bureau is regularly making waves in the agency’s Daily Digest now, issuing slews of warning-letters to unlicensed broadcasters nearly every week. Interestingly, these letters are typically grouped by location: one week it’s a passel of pirates “caught” broadcasting in the New York metropolitan area, the next a bunch of folks in South Florida, etc.
The agency, and radio industry, have long described the enforcement process as “whack-a-mole” in reference to the carny game where you score points bashing plastic rodents with a mallet, who pop up and disappear often before you can bring the hammer down. It’s an apt description…but the agency’s most recent enforcement-activites vividly demonstrate just how devoid the process is of deterrent value.
In an update to the Enforcement Action Database earlier this month, I highlighted the case of Kacy Rankine. He’s a New Jersey-based unlicensed broadcaster who first appeared on the FCC’s radar way back in 2005. That year he received a slew of station-visits and warning-letters from the federales, but to no avail, so the FCC ended up fining him $10,000 in 2007.
It’s highly unlikely that fine was ever paid, because Rankine was noticed again this year (a full decade later) running another station in another New Jersey community. The FCC, which apparently doesn’t keep a logically comprehensive record of its own regarding prior enforcement actions and lacks a semblance of institutional memory on this issue, simply restarted the enforcement process with Rankine, issuing him a warning letter last month. Continue reading “FCC Whacks Zombie-Moles”
The FCC’s taking a cue from the Three Little Pigs, huffing and puffing about the work it’s doing to combat the “problem” of pirate radio. Just in time for the National Association of Broadcasters’ annual Radio Show in Austin, the FCC’s gone on an enforcement spree of sorts over the last month or two.
With 158 enforcement actions on the books at the end of August, the agency is now on pace to meet or exceed the number of actions it took against unlicensed stations in 2016. For the eight years we’ve experienced of this decade so far, 2017’s enforcement-trajectory seems on target to rank as third or fourth-busiest.
Field agents have traveled far beyond the most popularly-recognized East Coast “hotspots” this summer. Arkansas gets on the board for the first time in the history of our Enforcement Action Database, while the closure of the Seattle FCC field office made it San Francisco and Los Angeles-based agents’ responsibility to visit Alaska in pursuit of a Baptist church – the first time since 2013 that the FCC’s made waves there. (Alaska is the 36th most active U.S. state/territory for pirate radio, just behind FCC Chairman Ajit Pai’s home state of Kansas.) Continue reading “Paper Tiger Apes Big Bad Wolf”
The events of the last month in the United States should leave no question that a fascist, white-supermacist element is on the resurgence here. Spurred on by nationalist and hate-denialist sites like Breitbart, the Daily Caller, and other notable right-wing media conglomerates such as News Corp. (FOX News), Sinclair, and Salem, this despicable ideology has its own well-developed media ecosystem now.
Although much of this media-behavior’s out in the open presently, it’s cropped up throughout our history on broadcast stations that, by law, should not exist. I’ve written about some of these here, including ostansible pro-German prankster-stations during World Wars One and Two, and the curious case of Reverend Carl McIntire who, after creating a loose syndicated radio-version of the FOX News Channel in the 1950-60s, lost the licenses to his Pennsylvania radio stations in 1970. Continue reading “Right-Wing Pirates: Hateful but Rare”
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? Continue reading “FCC and Pirates: Going Through the Motions Faster”
The rhetoric’s heated up, for sure. Commissioner Mike O’Rielly, who’s made cracking down on unlicensed stations one of his signature issues, calls them infectious squatters, casting the phenomenon as a cancer preparing to metastisize. And he’s gotten much more critical about his own agency’s handling of the problem: when the FCC proposed to fine a Kentucky couple more than $144,000 last month for operating a low-power TV station for nearly twenty years after its original license had expired, he likened FCC enforcement to “a sometimes annoying, sometimes sleepy, but ultimately harmless Chihuahua when it came to protecting broadcast spectrum licenses.”
That makes “paper tiger” sound almost tame.
Industry trade-press has taken the cue and upped their coverage of the FCC’s anti-pirate broadcast enforcement. Radio World trumpets warning lettters, fines, and threats of fines issued by the Enforcement Bureau as if they’re landing knockout blows. It even got Chairman Ajit Pai to concede in a March interview that pirates are a “serious concern.” Continue reading “FCC and Pirates: A War of Words”
The governing paradigm in contemporary U.S. communications policy is genuflection to principles that invoke the “free market,” especially post-1980 when economics captured the policymaking process. As such, all Federal Communications Commissioners, regardless of party, will couch their positions and rationales in this language, though nearly all also make the effort to connect their rationales to something akin to “the public interest,” which has been the principal ideal as mandated by the agency’s own authorizing statute.
But the FCC’s also been a safe space for the occasional ideologue who worships capitalism as the human condition most worthy of emulation. It is not a radical notion to believe that an economic theory may not be an appropriate paradigm by which to organize all of the workings of an entire society. Folks who do believe that are market-fundamentalists; and whether it comes in economic, political, or religious flavors, fundamentalism is an extreme that the act of being civilized tends to temper. Continue reading “The FCC's Trumpian Shift is On”
Keeping in line with the Trump administration’s penchant for dehumanization, FCC Commissioner Mike O’Rielly used some of his time testifying in front of the U.S. Senate Commerce Committee last week to hype his signature issue: going to war on unlicensed broadcasting.
Calling them “squatters” who “are infecting the radio band,” O’Rielly whipped out all the now-familiar canards: that pirate radio “stations” (his quotes, not mine) somehow harm “consumer services” (whatever those might be), “emergency communications” (lacking any meaningful evidence that this is a tangible problem), and “the financial stability of licensed radio stations” (nah, that’s Wall Street’s fault). He references a claim from the Massachusetts Broadcasting Association that it’s identified some two dozen pirate stations “operating in one of their markets” (most likely the Boston metro area) and the numbers are growing. Continue reading “O'Rielly Talks Tough on Pirates to Senate”
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. Continue reading “Now They Tell Us: FCC, Congress Rethinking Enforcement Drawdown?”
A surprising uptick in the Enforcement Action Database for 2016: 201 total actions were logged last year, which is up from the prior two years. Furthermore, the frequency of threats of fines and actual fines against unlicensed broadcasters also rose: 9 NALs issued for a total of $155,000, and 5 forfeitures handed out for a total of $65,000. We haven’t seen numbers this large since 2014.
It gives some statistical credence to recently-former FCC Chair Tom Wheeler’s assertion that, despite the agency’s admittance that its license-enforcement protocol is effectively broken, it hasn’t ceded the field entirely. Unfortunately, statistics can be fudged, and the FCC’s done that well in the last year. Continue reading “FCC Anti-Pirate Enforcement in 2016: Symbolic Inflationism Ahoy”
17 years ago(!), I left a budding career in radio journalism out of disgust with the trajectory the industry was taking. The break-point came when the National Association of Broadcasters and National Public Radio teamed up in Congress to conduct a disinformation campaign designed to eviscerate the FCC’s then-newly proposed LPFM radio service.
However, A few months before I actually quit my job, I acquired all the components necessary to start an unlicensed microbroadcast station. “System P” was a 40-watt frequency-agile FM rig that used a portable military surplus antenna mast to conduct tactical broadcasts from a wide variety of locations. You could often hear the station in Madison, Wisconsin, primarily on evenings and weekends; but since the station was mobile much fun was had taking it to peoples’ homes and public events around the country to give the public a more substantive appreciation of the ease by which it could make “the public airwaves” very real.
Another key element of System P was to provide a last-mile node for what was then quite an experiemental webcast-activism scene (today commonly known as “livestreaming”). These often manifested in Independent Media Centers during times of protest, most notably against corporate global trade deals. Activists would converge on a city to fill the streets in order to disrupt the negotiation of these agreements, and the media coverage would invariably skew toward painting the activists as violent thugs and police/other security forces as the guardians of order. But when activists gained the ability to counteract this narrative – oftentimes by live reports from the streets directly – the discursive dynamic around these events changed. Continue reading “Nodes of Resistance: Sampling the Haitian Diaspora via FM+Internet”