Impacto 2 pirate station fined $2 million

[BarryATL]

This article is the most complete that I have found and has more about the colorful past and the owners.

FCC Fines 15 Year-Old Pirate Radio Station in NYC $2 Million

The FCC is using its new powers to ask from the maximum fine from an Ecuadorian pirate radio station that's run for more than 15 years.

www.vice.com

I just do not understand why a pirate can exist for 15 years. I know you folks on the NYC board have talked about them over the past few years. I am interested if there is any local info/gossip on this.

 

[davideduardo]

This article is the most complete that I have found and has more about the colorful past and the owners.

FCC Fines 15 Year-Old Pirate Radio Station in NYC $2 Million

The FCC is using its new powers to ask from the maximum fine from an Ecuadorian pirate radio station that's run for more than 15 years.

www.vice.com

I just do not understand why a pirate can exist for 15 years. I know you folks on the NYC board have talked about them over the past few years. I am interested if there is any local info/gossip on this.

The biggest reason is that the FCC did not have the enforcement capability until recently to actually do anything about defiant pirates.

I don't know (most of) the details, but the FCC now seems to have additional enforcement powers. In some locations, such as Florida, the state also added laws and regulations that could be coupled with the FCC to sanction and close pirates. I know personally that some Miami pirates interfered so much with air traffic that some flights had to be aborted and diverted... I was on one of them!

Only recently has the FCC added the ability to fine the property owners of rented locations for allowing pirate stations to operate. I believe this was part of the closure of a pirate in the Boston metro.

A seemingly considerable number of pirates seem to be originally from nations like Haiti where there is no "Rule of Law" and pirates are common, so some of this issue is cultural.

 

[radiodx10]

Call me crazy, but if a station can prove they're causing no interference to the stations around them, and they're serving a legitimately under-served community, then I absolutely support their right to free speech and use of the public airwaves. Pirate stations, generally, are such a hyped-up issue, and frankly do a better job broadcasting in the public's interest rather than the handful of mega-corporations monopoly on radio. Oh well

 

[Mikey Radio]

Call me crazy, but if a station can prove they're causing no interference to the stations around them, and they're serving a legitimately under-served community, then I absolutely support their right to free speech and use of the public airwaves. Pirate stations, generally, are such a hyped-up issue, and frankly do a better job broadcasting in the public's interest rather than the handful of mega-corporations monopoly on radio. Oh well

But laws at the federal level are quite clear about what is and is not permitted and until those laws are changed by the proper government processes, it's illegal. If someone feels a community or a segment of the population in that community is underserved, then they can purchase a station (many of which are going for fire sale prices these days and some are going dark because no one will take them over) or start up an LP station and put it on the air legally. A buddy of mine used to run a pirate station and he played mostly older ethnic music for a part of the population he felt was underserved by traditional broadcasters. He said it gave him joy to see some of the folks hear what he was playing and see a bit of a happy surprise come to their faces....That said, that doesn't change the fact that he was breaking the law by broadcasting, he wasn't licensed, his transmitter and antenna were throwing out garbage in addition to the frequency he was trying to air his content on, he wasn't paying any rights or licensing to broadcast the music he was playing, had no EAS system and the list goes on...

 

[davideduardo]

That said, that doesn't change the fact that he was breaking the law by broadcasting, he wasn't licensed, his transmitter and antenna were throwing out garbage in addition to the frequency he was trying to air his content on, he wasn't paying any rights or licensing to broadcast the music he was playing, had no EAS system and the list goes on...

That is a good list.

As to equipment, we know that most pirates use less expensive junk transmitters and many, if not most, interfere with other radio stations, public safety frequencies, aircraft communications and the like. Further, they have poor RF protection for neighbors in the same building or area as the transmitter and are fire hazards as well.

Most don't pay correct salaries to staff, either. They certainly are not filing income tax returns or paying a business license... they are defrauding the citizenry in many aspects.

 

[wibgradio99]

What I find odd is, anytime a Rock, Metal, Punk, Alternative or Country oriented pirate serving an underserved audiance in the NY/PA/NJ area, comes on the air, the FCC shuts them down pronto, thats why I cannot find one on the dial, can you...why?

 

[nd2023]

What I find odd is, anytime a Rock, Metal, Punk, Alternative or Country oriented pirate serving an underserved audiance in the NY/PA/NJ area, comes on the air, the FCC shuts them down pronto, thats why I cannot find one on the dial, can you...why?

Or maybe the fans of those formats don’t have the expertise or don’t want to break the law.

 

[nd2023]

That is a good list.

As to equipment, we know that most pirates use less expensive junk transmitters and many, if not most, interfere with other radio stations, public safety frequencies, aircraft communications and the like. Further, they have poor RF protection for neighbors in the same building or area as the transmitter and are fire hazards as well.

Most don't pay correct salaries to staff, either. They certainly are not filing income tax returns or paying a business license... they are defrauding the citizenry in many aspects.

I’ve seen a licensed translator use a cheap Chinese junk transmitter…then contacted me when it broke. I attempted to get it back on the air using that transmitter (and of course installing filters) while waiting for a Nautel to arrive. Let’s just say that a silent STA was filed.

 

[nd2023]

Call me crazy, but if a station can prove they're causing no interference to the stations around them, and they're serving a legitimately under-served community, then I absolutely support their right to free speech and use of the public airwaves. Pirate stations, generally, are such a hyped-up issue, and frankly do a better job broadcasting in the public's interest rather than the handful of mega-corporations monopoly on radio. Oh well

105.5 is not free in New York City. There’s a rimshot class A WDHA that would like to get listeners in NYC and NJ. The pirate station was powerful, it interfered with WDHA in Jersey City, Hoboken, and across the bay in northern Monmouth county.

 

[KeithE4]

What I find odd is, anytime a Rock, Metal, Punk, Alternative or Country oriented pirate serving an underserved audiance in the NY/PA/NJ area, comes on the air, the FCC shuts them down pronto, thats why I cannot find one on the dial, can you...why?

Uhhh... maybe because they're illegal? Doesn't matter who they're serving or what the format is. No license, no right to be on the air. Period. Other than flea-powered Part 15 stations with the range of a city block or two, there are no exceptions to that rule.

Some areas get FCC enforcement more than others. Market #1 apparently is one of those (go figure!).

 

[Theater of My Mind]

Is 105.5 actually off the air now? The FCC fined this outfit before and they just carried on with business as usual, totally ignoring the orders. I'm sure WDHA must be happy if they're finally shut down for real this time.

 

[KeithE4]

Is 105.5 actually off the air now? The FCC fined this outfit before and they just carried on with business as usual, totally ignoring the orders. I'm sure WDHA must be happy if they're finally shut down for real this time.

The FCC can fine them and confiscate their equipment. But they can't force them to pay or prevent them from starting up again, outside of raiding them again. Those would be criminal charges, which are up to the Justice Department to prosecute. Right now, they have much higher priorities than pirate radio.

 

[BarryATL]

The FCC can fine them and confiscate their equipment. But they can't force them to pay or prevent them from starting up again, outside of raiding them again. Those would be criminal charges, which are up to the Justice Department to prosecute. Right now, they have much higher priorities than pirate radio.

The article at the beginning of the thread hinted that the owner may have fled the country.

 

[nd2023]

The FCC won’t see a dime from this fine.

 

[luperm]

But the nice thing now is that the FCC can go after the property owners too. So, if the illegal broadcaster flees the country, there is an alternative for enforcement. Hopefully a few of these such actions will serve as an object lesson to property owners who might now think twice before renting to unsavory people.

 

[Mikey Radio]

But the nice thing now is that the FCC can go after the property owners too. So, if the illegal broadcaster flees the country, there is an alternative for enforcement. Hopefully a few of these such actions will serve as an object lesson to property owners who might now think twice before renting to unsavory people.

That said, before going after property owners, I hope the FCC will need to prove that property owners knew about the pirate station and did nothing or that they themselves were accomplices. I'm not sure an absentee landlord who owns a house and rents it through a property management company should be held responsible for a pirate station being operated there, for instance, especially if the transmitter and equipment are tucked away in a closet or in the attic where they're not apparent. In another scenario, my aunt rented a house to a guy who asked if he could put up an antenna mast and a ground plane, as he had a base station CB rig. She said yes and he was legit (he actually helped me get deeper into that hobby as a kid), but had he actually been a pirate broadcaster, as an older lady who isn't at all tech-savvy, she'd have had no way of knowing that.

 

[davideduardo]

That said, before going after property owners, I hope the FCC will need to prove that property owners knew about the pirate station and did nothing or that they themselves were accomplices. I'm not sure an absentee landlord who owns a house and rents it through a property management company should be held responsible for a pirate station being operated there, for instance, especially if the transmitter and equipment are tucked away in a closet or in the attic where they're not apparent. In another scenario, my aunt rented a house to a guy who asked if he could put up an antenna mast and a ground plane, as he had a base station CB rig. She said yes and he was legit (he actually helped me get deeper into that hobby as a kid), but had he actually been a pirate broadcaster, as an older lady who isn't at all tech-savvy, she'd have had no way of knowing that.

Unless the station had its antenna on a balcony hidden in a potted plant, they had to run cables for RF and/or audio and utilities up to the roof. That means access to the service facilities of the building as well as roof access for a "transmitter shack" as well as a mast and antenna plus guy wires.

There is no way a pirate with the obvious significant ERP of this one could be hidden from the building super, and, thus, the owner or manager.

If the transmitter was on the roof, then it probably had to have its own utility hook-up and in that case, a new account with a new meter and wiring had to be installed. Not knowing the codes in that part of Jersey, I'd also wonder if a permit would be required.

All the more reason why the building management had to know something was there.

 

[Mikey Radio]

Unless the station had its antenna on a balcony hidden in a potted plant, they had to run cables for RF and/or audio and utilities up to the roof. That means access to the service facilities of the building as well as roof access for a "transmitter shack" as well as a mast and antenna plus guy wires.

There is no way a pirate with the obvious significant ERP of this one could be hidden from the building super, and, thus, the owner or manager.

If the transmitter was on the roof, then it probably had to have its own utility hook-up and in that case, a new account with a new meter and wiring had to be installed. Not knowing the codes in that part of Jersey, I'd also wonder if a permit would be required.

All the more reason why the building management had to know something was there.

Granted, in the case referenced in the original post of this thread, yes...Especially given how many years this saga had played out, how many times that particular pirate had been shut down and the article in the OP even shows a storefront window with the station logo where passersby could see them broadcasting inside. My comments immediately above were more specific to lesser-known pirates who are using smaller, "junk" transmitters and operating them more on the down low in residential areas.

 

[davideduardo]

Granted, in the case referenced in the original post of this thread, yes...Especially given how many years this saga had played out, how many times that particular pirate had been shut down and the article in the OP even shows a storefront window with the station logo where passersby could see them broadcasting inside. My comments immediately above were more specific to lesser-known pirates who are using smaller, "junk" transmitters and operating them more on the down low in residential areas.

True, the junk pirates can, indeed, be easily hidden if they are low powered, use an antenna that a landlord might think was "just another TV antenna for a resident who did not want to pay for cable" and who did not need special electrical service.

Those are, of course, the most dangerous pirates are the ones with the cheap gear bought online and which endanger all kinds of other services. Many of those pirates don't know much about electronics and likely find a cable DVR overwhelming.

 

[luperm]

Unless the station had its antenna on a balcony hidden in a potted plant, they had to run cables for RF and/or audio and utilities up to the roof. That means access to the service facilities of the building as well as roof access for a "transmitter shack" as well as a mast and antenna plus guy wires.

There is no way a pirate with the obvious significant ERP of this one could be hidden from the building super, and, thus, the owner or manager.

If the transmitter was on the roof, then it probably had to have its own utility hook-up and in that case, a new account with a new meter and wiring had to be installed. Not knowing the codes in that part of Jersey, I'd also wonder if a permit would be required.

All the more reason why the building management had to know something was there.

If the illegal broadcaster isn’t operating with a license or legitimate equipment, chances are they did not bother to obtain any sort of building or electrical permits.

Regardless, the “buck stops” with the building owner. Sounds like an excellent opportunity for an oblivious or negligent landlord to learn some things about property management.