Boston AM pirate gets notification of unlicensed operation under PIRATE ACT

[ChrisSmolinski]

https://docs.fcc.gov/public/attachments/DOC-408764A1.pdf

[Dave Richards]

I'm not very informed on the new procedures since the PIRATE act was passed, but it doesn't look as if they are called NOUO's any more. What stands out though, is that this is for an AM pirate station! It almost warms the cockles of my heart remembering, as I do, growing up in the UK when AM pirates with strong signals that covered wide areas were common. It will be interesting to see how this story unfolds.

Also interesting (to me at least) is the acknowledgement in the letter that they are "investigating a complaint". We've known for a long time that the FCC usually only polices these infractions as a result of complaints, and don't go out looking for them. This would seem to support what is widely accepted as common knowledge. However, in the markets such as NYC and Miami that have a lot of FM pirates, I wonder if FCC teams go out actively looking for offenders? Seems as if it would be like shooting fish in a barrel.

Because they appear to be going after the property owner, does this mean that the station operator (if a separate individual) can potentially get off scot-free?

[ChrisSmolinski]

I'm not very informed on the new procedures since the PIRATE act was passed, but it doesn't look as if they are called NOUO's any more. What stands out though, is that this is for an AM pirate station! It almost warms the cockles of my heart remembering, as I do, growing up in the UK when AM pirates with strong signals that covered wide areas were common. It will be interesting to see how this story unfolds.

My understanding is this may be the first enforcement action against an AM pirate under the new PIRATE ACT.

Also interesting (to me at least) is the acknowledgement in the letter that they are "investigating a complaint". We've known for a long time that the FCC usually only polices these infractions as a result of complaints, and don't go out looking for them. This would seem to support what is widely accepted as common knowledge. However, in the markets such as NYC and Miami that have a lot of FM pirates, I wonder if FCC teams go out actively looking for offenders? Seems as if it would be like shooting fish in a barrel.

Good question! I think the text of the PIRATE ACT requires the FCC to perform periodic "sweeps" in major markets?

Because they appear to be going after the property owner, does this mean that the station operator (if a separate individual) can potentially get off scot-free?

No, I think the operator is also subject to the (much larger) fines. But I believe the intent here is to make the landlord do the FCC's hard work. Historically the FCC has had little if any success in actually collecting fines and getting pirates permanently off the air. It's like whack-a-mole.  But now with the PIRATE ACT, landlords get a nastygram from a federal agency that they have to deal with - and they have substantial assets at risk. The landlord views this as a "problem tenant", which is the last thing they want. So they make sure the pirate goes off the air, or risks eviction. I suspect most if not all lease agreements have text specifying illegal activities are grounds for eviction.

[Molvania Poacher]

Interesting. Thanks for sharing this! A little more detail from industry press coverage...

https://www.radioworld.com/news-and-business/business-and-law/fcc-targets-am-pirate-signal-in-boston

[radioartisan]

The FCC has never posted what percentage of their enormous fines imposed under the PIRATE act they've actually collected.  It's probably quite low, in the single digit percentages.  It's amazing how an offender with a few days of operating a pirate radio station can amass greater fines than a commercial station with its tower lights out or operating with an expired license for a few months.  The PIRATE act was Ajit Pai's attempt to look tough and be all Trump-like.

[Molvania Poacher]

The PIRATE act was Ajit Pai's attempt to look tough and be all Trump-like.