The FCC has said it is looking into drastic field office cutbacks. According to communications law expert Frank Montero of Fletcher Heald & Hildreth, the upshot may be taking already weak anti-piracy enforcement and making it even weaker.
Closing FCC Doors Will Open Doors for Pirates
By Frank Montero, Fletcher Heald & Hildreth
It was reported in RBR+TVBR that the FCC is considering cutting field offices by 67% and field agents by 50%. New technology and resource allocation challenges are the main reasons cited for the proposal. And I am sure the most recent round of sequesters as well as efforts of the current Administration to remake the FCC from some of its legacy missions played a role.
However, a troubling consequence of FCC field office closures is a potential decline in the already weak enforcement activities against pirate radio stations.
The proliferation of pirate stations in larger markets like New York, Miami and San Francisco is already at epidemic proportions. Even current efforts to shut them down, with the depleted field office strength that exists even before new closures, is already difficult.
A recent study over the winter holidays of pirates in the New York City metropolitan area disclosed 17 alleged pirates in the Bronx, 17 alleged pirates in Brooklyn, and 15 pirates in Newark. In fact, there were arguably more pirate radio station operating in the New York metro than legal stations.
The FCC should be increasing the resources devoted to enforcing against pirates, including forfeitures and In rem seizures of equipment.
With rare exceptions the FCC has rarely used all the tools in its enforcement tool box for a sustained effort against pirates in major urban areas. A pirate is closed down for a few hours or a day and pops up in another location hours or a day later.
So ubiquitous are the pirates that they are raking in political ad dollars from political candidates.
My understanding is that pirate enforcement has been relegated to a small office in the FCC’s Gettysburg office. Moreover, the FCC’s enforcement bureau is already starting to embrace a new policy of “rehabilitating” rather than punishing pirates by getting them to distribute their content via new platforms like Plum’s or webcasting, to allow distribution of their content rather than stripping convicted pirates of their qualifications to hold FCC licenses.
The FCC has repeatedly espoused this narrative about a beloved pirate station in Massachusetts which was so loved by the community and that, when the FCC tried to shut it down, the FCC actually received a plea from the Governor of Massachusetts to keep the pirate station on the air.
While that is a lovely story, the fact is that most pirates do not serve the public interest. They broadcast obscene and indecent content, are loaded with payola and plugola, do not respect political broadcasting requirements, harm public-serving and law abiding broadcasters and endanger the public by broadcasting on frequencies that could interfere with aeronautical frequencies and other channels which are necessary for public safety.
It is unfortunate that, as a result of the new policy, the most vulnerable populations in this country will continue to be served by stations that operate outside the law with no regard for the FCC or their communities.
We can do better and increased pirate enforcement would go a long way in providing communities with the quality service they deserve.
Francisco R. Montero is Managing Partner at Fletcher, Heald & Hildreth, P.L.C.; Tel: 703.812.0480; [email protected]
