On Monday, the full House of Representatives approved the PIRATE Act on a voice vote (no roll call). This comes just a week after its Energy and Commerce Committee endorsed the bill (also on a voice vote) with some amendments, and two months after the bill was initially introduced.
The amended bill ups the size of financial penalties for unlicensed broadcasting to $2 million, requires the FCC’s Enforcement Bureau to conduct an annual sweep of the top five radio markets where radio piracy is most prevalent (with follow-up “monitoring sweeps”), gives field agents the option to skip the initial warning-letter in cases where the broadcasts are ongoing, and requires the FCC to establish a database of both licensed and unlicensed radio stations. It also notes that no additional funding will flow to the FCC in order to undertake these new regulatory burdens. Continue reading “PIRATE Act Passes House on Voice Vote”
On July 12, the House Energy and Commerce Committee approved H.R. 5709, the Preventing Illegal Radio Abuse Through Enforcement Act (aka PIRATE Act) on a voice vote. This comes one month after a subcommittee signed off on it. There were some notable amendments offered and accepted by the Committee, sponsored by Reps. Chris Collins (R-NY) and Mike Doyle (D-PA), both of whom are cosponsors.
First, the number of enforcement sweeps of the top five markets identified by prevalence of unlicensed broadcast activity has been reduced from twice per year to once per year. However, six months after this annual sweep, the FCC will be required to conduct “monitoring sweeps” of target markets “to ascertain whether the pirate radio broadcasting identified by enforcement sweeps is continuing to broadcast and whether aditional pirate radio broadcasting is occurring.”
Rep. Doyle explained that this change was made so that anti-pirate enforcement would not unduly take time and resources away from “other critical missions” of the FCC’s Enforcement Bureau and its field staff. Continue reading “PIRATE Act Clears House Committee, With Amendments”
In May, Rep. Leonard Lance (R-NJ) introduced the “Preventing Illegal Radio Abuse Through Enforcement Act,” otherwise known by the acronym PIRATE Act. The bill makes several changes to existing FCC regulations regarding unlicensed broadcasting:
1. The maximum monetary penalty that can be assessed for unlicensed broadcasting on the AM and FM bands is increased from an aggregate maximum of $100,000 to $2 million, and can be doled out in increments of $100,000 per day. These fines can be issued against the pirate broadcaster directly, or against any entity that “knowingly and intentionally facilitates pirate radio broadcasting.”
“Facilitates” is defined as “providing access to property (and improvements thereon) or providing physical goods or services, including providing housing, facilities, or financing, that directly aid pirate radio broadcasting.” This hearkens back to a historical precedent set by European laws in the 1960s that attempted to outlaw offshore pirate radio by making it illegal to supply and advertise on the station-ships and platforms operating in international waters. Continue reading “PIRATE Act Sets Sail in House”
The Federal Communications Commission is making new moves to demonstrate the seriousness with which it takes the “problem” of unlicensed broadcasting. This is being reflected in several ways, including the deployment of more tools in field enforcement, legislative activity, and staff changes.
First, enforcement: on Monday, March 26 the agency, in conjunction with Federal Marshals and the Boston Police Department, conducted two station-raids and equipment seizures. Both stations were effectively co-located on the same block of Blue Hill Avenue in the Dorchester neighborhood, which is populated by two-story structures with businesses on the ground floor and apartments above, as well as an old theater which now houses a Baptist church.
In reality, this was an easy two-fer for the FCC: minimum effort expended for maximum impact. The court complaints make for interesting reading. (All publicly available documents involving previous enforcement actions against these stations can be found in our Enforcement Action Database.) Continue reading “Raids, Bills, Staff Moves: FCC Enforcement Changes Afoot?”
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”
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?”
Our mid-year update to the Enforcment Action Database shows absolutely no change in the FCC’s enforcement protocol regarding unlicensed broadcasting. Although the agency is running ahead of its enforcement action pace last year (70 to date, compared to 125 for all of 2015), it’s well off the highs seen late last decade. Fewer than three dozen unlicensed radio stations in just six states have had some form of contact with the FCC in 2016.
So far, Florida is the hottest spot for FCC activity with 25 actions to date; New Jersey and New York respectively round out the top three. That’s a surprising drop for the Empire State, which has not only topped the list for the last four years but whose Congressfolk and licensed broadcast constituency (along with their colleagues in New Jersey) have been clamoring for more anti-pirate policing.
Some of this political pressure may have been a factor in three monetary forfeitures issued to New Jersey pirates last month. Industry trades made great hay out of the $40,000 in total penalties — but all of these stem from cases that originated last year. That said, the FCC handed out just a single forfeiture in 2015, but perennial collection difficulties remain. Continue reading “Paper Tiger Teams MIA…So Far”
All five FCC Commissioners spent more than three hours on Capitol Hill last week being questioned by the House Energy and Commerce Committee during an “oversight hearing,” which is a fancy way of saying “let members of Congress score political points by grandstanding on the FCC-related issues they care about the most.” While the hearing itself was mostly dominated by subjects such as the agency’s upcoming spectrum auctions and proposals to detach set-top TV boxes from the grip of cable service providers, two Congressfolk raised the issue of pirate radio with the Commissioners.
First was Rep. Frank Pallone (D-NJ), who’s been a very vocal supporter of increased enforcement efforts against pirate stations in the New York City metropolitan area. He announced that he plans to draft legislation to asssist in these efforts and lobbed Commissioner Michael O’Rielly a softball question on the state of pirate radio enforcement: in effect, “what should this bill include?”
O’Rielly said that “getting at the money part” of pirate radio was paramount. Many entities advertise on pirate stations; he mentioned concert and club promoters and political campaigns (?) in particular. However, O’Rielly also noted that he did not want such legislation to penalize those who may “inadvertently” assist unlicensed broadcast operations, such as landlords who may not know they’re renting space to a pirate station. Continue reading “Congress to Target Pirate Advertisers (and Others?)”
With unlicensed broadcast operations taking place with impunity in several of the nation’s largest media markets, and facing near-emasculation in the field, the Federal Communications Commission is taking a new tack to try and ameliorate the “pirate problem.”
A letter co-signed by all five Commissioners was mailed out last week to several local government and industry trade groups, including the U.S. Conference of Mayors, National Association of Chiefs of Police, Association of National Advertisers, and National Association of Realtors, among several others.
This letter seeks to inform the recipients about who pirate stations are and asks that they avoid doing business with them. The letter claims that unlicensed broadcasters “can cause harmful interference to licensed radio broadcasters serving their communities, thereby starving stations of their ability to reach their listening audiences and obtain necessary advertising revenues.” It also claims that pirate stations have the potential to interfere with public-safety radio systems.
The tone is slightly admonishing: the recipients are informed that they “may be unknowingly or unintentionally providing aid to pirate stations. . .including buying advertising on such stations to housing the physical stations themselves.” The Commissioners hint that this may expose them to “potential FCC enforcement or other legal actions,” and cautions that being in business with a pirate station may also “sully the reputations of those businesses with the licensed broadcast community and other professional organizations” – sort of a “Scarlet P” approach. Continue reading “Paper Tiger Warns: Don't Do Business With Pirates”