Congress to FCC: Bust the Bandits

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Broadcasting Pirate33 members of the congressional delegations from New York and New Jersey believe that FM piracy has gotten completely out of control and have written a letter to FCC Chairman Tom Wheeler asking that something be done about it.


They said that there seem to be 34 pirate stations in Brooklyn and the Bronx alone; and note that 15 complaints have been filed about pirate operations in Newark NJ.

They note that interference from pirates damages the ability of citizens to get news, information and entertainment programming from their favorite legitimate stations. It also corrupts the EAS system.

Further, in addition to operating illegally, the pirates operate without adhering to any of the public service obligations which are a hallmark of standard broadcast service.

They pointed out that pirate radio is particularly damaging to minority-owned broadcast outlets.

“While we recognize that the FCC has made some efforts to remedy this ongoing issue, primarily issuing Notices of Unlicensed Operation to illegal operators, much more needs to be done. These efforts must be followed up with additional enforcement actions including issuing fines and seizing transmission equipment. The Commission should use all the enforcement tools it has available to correct this situation. We urge you to increase the number of personal assigned to the FCC’s New York field office for the purpose of enforcing against the operators. We also request that you work with the U.S. Attorney’s Office and local law enforcement officials to prioritize enforcement.”

RBR+TVBR observation: This will come as welcome news to broadcasters who have objected strongly to the FCC’s plan to scale back field offices and agents, not only because of rampant piracy but in view of other interference issues, particularly those which may crop up as a side effect of channel repacking and unlicensed device policy tied to the incentive auction.

Congress can do its part, too, however. The FCC must be given sufficient funding to carry out this mission along with executing all of its other responsibilities.

And it is our opinion that Congress could take steps to increase the consequences for pirates apprehended and found guilty. Equipment should be seized permanently and the ceiling on financial penalties should be raised exponentially from the paltry base fine of $10K.

Congress must also take steps to gain the cooperation of the U.S. Attorney’s Office and local law enforcement – they do not answer to the FCC, so it is incumbent on Congress, not the FCC, to take steps to make them part of the solution.