It only took two weeks for the Ninth Circuit to issue its decision regarding San Francisco Liberation Radio‘s challenge to its 2003 raid. The station basically argued that since it was in regular, cordial contact with the FCC throughout a near-decade on air, it should been extended the courtesy of a chance to convince the judge who signed the warrant why such a move was not justified. Additionally, because radio is essentially an “instrumentality of expression,” the gravity of station raids should be weighed in any court’s mind with respect to its potential to hinder that expression.
Two-thirds of the oral argument (30:27, 5.3 MB) was dominated by SFLR’s attorney, Mark Vermeulen. He started by emphasizing the station’s public recognition and willingness to engage the FCC. He was interrupted quite early by a judge (either William Fletcher or Richard Clifton, I don’t know which) who wanted to know why a station that was openly breaking the law deserved gentler treatment just because they were being open about it. Continue reading “SFLR Loses Ninth Circuit Appeal”
Tag: enforcement
FCC 2008 Proposed Budget: No Surprises
From the enforcement perspective, the Enforcement Bureau’s proposed 2008 outlay comes to $46.4 million – this is an increase of just under $2 million from FY 2006-07. The Enforcement Bureau constitutes the second-largest FCC bureau/office in terms of budget size (second only to the Office of Managing Director).
While the number of full-time equivalent employees in Enforcement stays constant through the period, some shuffling within the ranks does occur; FTEs devoted to the goals of “spectrum” and “media” will increase, while those devoted to “public safety/homeland security” will decrease. Continue reading “FCC 2008 Proposed Budget: No Surprises”
FCC Enforcement Bureau Gives 2006 Overview
At its monthly meeting in January the FCC heard year-end reports and “strategic plans” from each of its primary bureaus and offices. Enforcement Bureau chief Kris Monteith reported that out of some 3,300 field investigations undertaken in 2006, the Bureau claims to have shut down “approximately” 
85 pirate radio stations. If each station is counted as its own investigation, and the Bureau’s claims are assumed to be accurate, less than 3% of the Bureau’s field-time is spent on unlicensed broadcast enforcement.
Notably, this month saw the Bureau rule on some petitions for reconsideration with regard to fines issued to pirates in the last few years, which gives a better sense of the agency’s speed and effectiveness of enforcement. For example, one ruling knocked a $10,000 fine down to $600, three years after its issuance; another $10,000 claim issued in 2003 was subsequently knocked down to $1,000 in 2004, and was just further successfully appealed to $250. Continue reading “FCC Enforcement Bureau Gives 2006 Overview”
Enforcement Action Database Cracks 1,000 Actions
Just caught up on the FCC’s last two months of activity. It’s been a busy winter: 274 enforcement actions for 2006 and counting.
This includes fines, or threats of fines, of $10,000 against the transmitter-hosts of both microstations in San Diego, though escalating the enforcement process up to that level of severity remains mostly outside the FCC’s standard protocol (in related news, the agency’s Inspector General is planning an audit of its regulatory fee-collection process, something not done since 1999). Continue reading “Enforcement Action Database Cracks 1,000 Actions”
News Potpourri
A confluence of busyness this semester has swept aside my site-update time. I’m almost caught up with the major stuff, though the regularity of updates will remain slow for the foreseeable future, and more general site-maintenance is on hiatus. Which is funny, because back when this site actually paid for itself, I only updated it about once a week, though it was a lot smaller lo those nearly ten years ago.
That being said, here’s a highlight of things that are now up to speed: Continue reading “News Potpourri”
Some Corporate Airwave Piracy Gets Its Due
Last year the FCC issued several Notices of Apparent Liability to several cross-border companies in southern California. These companies were using unlicensed microwave data links to connect corporate and production facilities. Recently the FCC finally formalized the forfeitures against most of them. Continue reading “Some Corporate Airwave Piracy Gets Its Due”
State-Level Challenge to Florida's Anti-Pirate Law?
The only attempt made so far to challenge Florida’s law making radio piracy a state felony involves a petition from the American Radio Relay League asking the FCC to issue a declaratory ruling nullifying the state law on jurisdictional grounds. Although the FCC has been historically very aggressive in asserting its jurisdictional superiority when it comes to regulation of the airwaves, in the cases of Florida and New Jersey it’s looked the other way – the ARRL’s petition has languished in the FCC’s circular file for 19 months now.
But Rayon Payne, of all people, thinks Florida’s law can be successfully contested at the state level. He recently called the Florida Secretary of State’s office and asked for a license to broadcast. Payne’s premise is, if the state of Florida wants to assert some sort of policing authority over use the public airwaves, then it should include a licensing power as a part of that authority. Continue reading “State-Level Challenge to Florida's Anti-Pirate Law?”
Enforcement Action Database Revamp
Sparked by an interview done for this story, I’ve spent the last couple of weeks conducting a much-needed audit of the Enforcement Action Database. The biggest changes involved harmonizing the counting methodology from year-to-year, and correcting scattered counting errors collected over a decade of compilation.
However, the revised figures show no significant change in the trends of late: more administrative penalties, less overall muscle, and the proliferation of stations continues. I will be the first to admit to sucking at math. Continue reading “Enforcement Action Database Revamp”
Bettendorf Pirates Receive $27k in Fines
The two principals behind the high-profile pirate “Power 103.3” in Bettendorf, Iowa have been handed stiff monetary forfeitures by the FCC. Matthew Britcher, self-proclaimed “promotions director” of the commercial-format station, is being asked to pay $17,000 for running the station and refusing an FCC agent’s request to inspect it. Jason Duncan, quoted in local media as a “co-owner,” received a $10,000 forfeiture.
This is the first FCC case to get this far in which the pirates invoked 47 CFR 73.3542 as a defense; this little-known statute allows for emergency broadcast services in times of war or national emergency. Britcher and Duncan called it the “War Powers Act,” and some other pirate stations are treating it as a license-free pass, but it is nothing of the sort. Continue reading “Bettendorf Pirates Receive $27k in Fines”
Sirius Confesses to Power-Jacking Transceivers
Sirius Satellite Radio also filed a document with the SEC this week with regard to overpowered satellite-to-FM transceivers and its role in developing and marketing them. Check this:
[C]ertain Sirius personnel requested manufacturers to produce Sirius radios that were not consistent with the FCC’s rules. As a result of this review, we are taking significant steps to ensure that this situation does not happen again…. Continue reading “Sirius Confesses to Power-Jacking Transceivers”