David Goren is a radio producer and journalist with an inherent love of radio sound. I originally found him through his blog, Shortwaveology, which documents interesting finds on the shortwave radio spectrum, whether it be curious programming from a variety of international origins or ephemera like clicks, buzzes, and interval tones. Goren spent time at Wave Farm last year for a residency in which he explored the sun’s effect on shortwave radio propagation.
Goren also lives in the Ditmas Park section of the Flatbush neighborhood in Brooklyn – which just so happens to be one of the hottest spots for unlicensed AM and FM broadcasting in the New York metropolitan area. A few years back he invited me to his house, where I drooled at the listening post he’d set up to scan the bands for pirate signals, including a plethora of antennae and receivers with computers set up to record stations. Continue reading “Brooklyn Pirate Radio Sound Map Seeks to Expand Citywide”
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”
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?”
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”
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”
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”
As a part of the campaign now underway to bring the (nonexistent) hammer down on unlicensed broadcasting in the New York metropolitan area, licensed broadcasters are alleging a variety of “harms” caused by pirate stations. Many of them are vastly overblown, such as the threat of interference they pose to a variety of communications networks, dangers from uncontrolled radiation — and, in the newest charge, economic hardships they cause to licensed stations.
The contention that pirate radio stations infringe on the radio industry’s right to make mad profits was first floated in an April 2015 blog post by Republican FCC Commissioner Mike O’Rielly; he claimed unlicensed broadcasting “causes unacceptable economic harm to legitimate and licensed American broadcasters by stealing listeners.” Continue reading “Fiscal "Threat" Posed By NY Pirates Belied By Broadcasters' Own Data”
Tell us something we don’t know: they are pervasive and may outnumber licensed broadcasters in the number one radio market in America.
That’s the most notable takeaway from a 103-page report (also embedded at the end of this post) prepared for the New York State Broadcasters’ Association by Maryland-based consulting engineers Meintel, Sgrignoli, & Wallace, who camped out at four locales in the NYC metropolitan area — two in NYC proper and two in New Jersey — earlier this year with a cleverly-camouflaged monitoring van (at right) and basically did FM bandscans.
They picked up 76 pirates on the dial…though they estimate that “there may be more than 100 unauthorized stations” on the air in total. According to the report, this is not the first pirate-survey MS&W has been commissioned for — similar bandscans were conducted in 2012, 2014 and 2015. Compared to last year’s findings, the number of unlicensed broadcasters in Brooklyn alone has increased some 58%, though there’s no way to compare figures since the earlier reports have not been made publicly available. Continue reading “NY Broadcasters Try Quantifying Pirates”