FCC Touch-es 106.1, other pirates with fines, warnings

[raccoonradio]

Illegal broadcasters in Boston and Brockton are now getting new fines or warnings from the FCC according to http://www.fybush.com/nerw.html; Touch-FM 106.1 had been fined $10k for illegal operation and
got another $7k added for refusing to let the FCC in for an inspection. Warnings were issued to
stations at 1620 and 105.5 in Brockton (I'm not sure how WROR does down that way but Greater
Media couldn't have been happy to find a pirate on the adjacent freq)

A station in the Bronx did the same thing as Touch, repeatedly going on air after warnings and then
refusing to allow the FCC in for an inspection. Here's the letter they got; Charles Clemons of
Touch FM prob got a letter that was identical in its wording. Pay up, folks, or the Justice Dept.
will be after you...

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-114A1.txt

Touch FM's site and myspace are still up and I presume they're still on the air. The Globe did an article
about them a few months back. Next I expect the Globe to run an article about some drug pushers.
Hey, what they're doing is illegal but they ARE serving the community, eh? (Maybe if they have to get
off the air permanently by order of the govt. they can at least have a streaming site on the Web,
which is not subject to FCC regs. Could even get local cable companies to stream their signals on
a now-vacant channel. But on the air, you need a license to put out that kind of power! (They could
reach a few blocks under micro-power regulations but beyond that...)

 

[FPB]

>Hey, what they're doing is illegal but they ARE serving the community, eh?<
>
Absolutely right. But, it's not about serving the community. It's about paying the FCC licensing fees, which gives a station the right to sell advertising space.

Without that paradigm, America says, "Radio?? What's that??"

 

[raccoonradio]

But it isn't only commercial stations subject to paying the lic. fees--non-comms do, too.
If the FCC designated 106.1 MHz in Boston as a non-commercial, or commercial, frequency and
awarded Touch FM a license to broadcast there, then fine. Otherwise they're breaking the law.

 

[FPB]

>If the FCC designated 106.1 MHz in Boston as a non-commercial, or >commercial, frequency and awarded Touch FM a license to broadcast there, >then fine. Otherwise they're breaking the law.<
>
True enough. Disagreeing with a law doesn't give us the right to break it. Still, it's ironic that it's the pirates who really do try to operate in the public interest.

Perhaps if radio stations really did operate in the public interest there wouldn't be pirates.

 

[LA_Guy]

106.1 does not work in Boston....

106.1 does not work in Boston for anything but the lowest powered FM station (class D secondary). First off, it's too close spaced to both 105.7 and 106.7. Waivers would have to be obtained from the FCC, and Greater Media would have to agree (which they did do with the 96.3 translator in Boston). Even worse however, is the IF spacing problem with 95.3 (106.1-10.8=95.3). The FCC does not allow short spacings involving IF frequencies. Class D secondary stations generally don't have to follow IF spacings, but the Commission only allows new ones in Alaska. WBRS and WRBB are examples of those stations. At one point I had considered putting WBRS on 106.1, using the 5 bay antenna atop the 500 foot tower in Lexington (along Rte. 2) That antenna is tuned for 106.7, but would have worked well enough for Brandeis on 106.1. At the time I looked at it (almost ten years ago), the waivers would likely have been granted, because any calculated interference would have not reached the ground (it would have occurred about 100 feet in the air).

Unfortunately, the rent there was quite high and that killed the project.

 

[aaronread]

Perhaps if radio stations really did operate in the public interest there wouldn't be pirates.

Nah, there'd still be pirates even if this were true. Pirate radio has a long and storied tradition in many countries...especially Haiti (so I'm told) which is why there's often three or four (or ten) Haitian pirates operating at any given point in the same neighborhood of Boston; large Haiti (and several other Caribbean nation) immigrant populations around here. In most other countries with, shall we say, "less free" governments, there is little or no freedom of the airwaves compared to the US. (which, considering just how "free" the US airwaves are or are not, really says something about these other countries!) So the idea of applying to the government for permissible to broadcast is so laughable that these folks just can't believe it.

Not to mention that realistically, they know there is about zero chance that they will ever be able to legally own a station in the US (the anti-alien ownership rules, not to mention the crowded radio spectrum in any major or medium market) so it's no surprise that they go pirate.

What is somewhat surprising is that some enterprising independent radio owner (who isn't held hostage by Wall Street) hasn't tried to take advantage of there being an obvious audience and obvious desire to advertise to that audience...and used a legal license (like a WUNR 1600AM or whatever) to try and tap it. I have to assume someone's looked at it and decided the numbers don't add up...?

 

[johnster]

>If the FCC designated 106.1 MHz in Boston as a non-commercial, or >commercial, frequency and awarded Touch FM a license to broadcast there, >then fine. Otherwise they're breaking the law.<
>
True enough. Disagreeing with a law doesn't give us the right to break it. Still, it's ironic that it's the pirates who really do try to operate in the public interest.

Perhaps if radio stations really did operate in the public interest there wouldn't be pirates.

How do you consider Pirates working in the public intrest? Just because they have picked a format that you think the area needs? That certianly isn't what the FCC or Congress means by it.

 

[raccoonradio]

But some stations HAVE tried to play for the mostly-ethnic audience the pirates have been trying to tap.
Look at WKOX, WXKS, and WTTT, all of which have gone Spanish. There's money in it. Clear Channel
decided Are You Ready To Rumba and dumped progressive talk while Salem ditched conservative talk
for it.

WWZN is leasing some time for stuff like brokered religion (Bro. Stair) or Irish music on Sunday nights. I'm
sure some smaller stations would love to be able to air some of this stuff, especially if there's some money
in it. But these operators choose to break the law. I was in Lynn today and noticed whatever is on 1690
(Radio Caribe Internationale or something like that). Either they couldn't find a slot to put their programming
on WLYN (all slots booked up?), or they'd rather put a whole station on themselves...illegally. They won't have to pay to be on
a legit station like 1360, but if they get a NAL from the FCC they'll have to pay...a fine.

At my station, WMWM, we are running foreign language programming on weekends and some weekday slots.
No need for these folks to set up a pirate--they can fill some time on a legit station.

As for 106.1, I know full well that only a very low powered station could fit in there. So Touch decides
it can do what it wants and breaks the law in doing so. (I was picking it up on Rt 1 in Saugus today).
What I meant was that if the FCC decided 106.1 could support a station, they'd open it up to
bidders, but the simple fact is it would cause interference (and again, that station in Brockton at 105.5
HAS to be affecting WROR!)

 

[SonicOverload]

Perhaps if radio stations really did operate in the public interest there wouldn't be pirates.

INDEED!!!

 

[ZRXOA 5248]

what really frosts my nose ( to quote mumbles) is when Menino , the MBTA, and the Globe, among others treat pirates Touch FM for example as law abiding citizens.

I went round and round with the T last December when I found out that they were using Touch to do the annual toy drive. What I was told by th head of marketing was Jam'n wouldn't help them, nor would anyone else. so they had no choice but to go with them.

To prove my point I will paste in the email I got from the MBTA, I redacted my secret identity and Ms Moultons phone number.

On behalf of the MBTA, thank you for your interest in our annual Fill-A-Bus charity drive and media partnership. Your background in and advocacy for the Boston radio industry are commendable, and I appreciate your insight into the regulatory process. I would like to respond to your communication by explaining how and why this year’s partnership with Touch 106.1 FM came to be.

As we began planning our annual drive, we hoped to renew last year’s relationship with 94.5, but the station could not absorb the increased expense of donating PSA air time to us. We subsequently reached out to other stations, including WRKO and WEEI who are running 20 spots each for us even though they could not make our campaign a primary charity this season due to pre-existing relationships.

Still in need of an outlet that could make us their primary charity, we turned to the minority-owned business Touch 106.1 FM, which Boston Mayor Thomas Menino recognized this past year for its efforts to promote positive community development in Roxbury and Dorchester, our target neighborhoods for this particular campaign. Touch also has strong synergy with our customer base and the participating charities.

Please know that the MBTA does not profit in any way from its affiliation with this media partner, and no monies were exchanged. The sole beneficiaries are the children who are affiliated with the MSPCC, Boys & Girls Club of Boston and Yawkey Club of Roxbury, Freedom House, Inc. and Roxbury Multi-Service Center. Therefore, I hope that in the spirit of holiday giving you might now have an appreciation for the spirit in which this partnership is intended. While it is not customary for the MBTA to pursue background checks of media outlets for partnerships such as these, I would be more than happy to explore any contacts you might recommend for next year’s campaign. Perhaps with your help, we could elevate the Fill-A-Bus Toy Drive to the level of the Toys For Tots campaign by aligning with multiple media partners to promote this charitable cause.

Thank you again for your communication, and I hope you will consider bringing a new unwrapped toy to our collection location at the Grove Hall Mecca Shopping Center in Roxbury from 8 a.m.-6 p.m. December 10-14 to brighten the holidays for a local child in need.

With best regards and season’s greetings,



Barbara D. Moulton
Director of Marketing Communications
10 Park Plaza Room 2310
Boston MA 02116

 

[Eli Polonsky]

what really frosts my nose ( to quote mumbles) is when Menino , the MBTA, and the Globe, among others treat pirates Touch FM for example as law abiding citizens.

I doubt that they know that they're illegal. None of those folks know the technicalities and regulations that constitute broadcasting laws. If they tell them they're a legitimate "LPFM" station, they probably believe them.

 

[freqlost]

I doubt that they know that they're illegal. None of those folks know the technicalities and regulations that constitute broadcasting laws. If they tell them they're a legitimate "LPFM" station, they probably believe them.

I think you might be correct.
On the pirate issue,when HDTV goes into effect next year will that calm the pirate problem?
I remember reading a thread on the old unified board(I think it was engineers) once about how either channel 5 or 6 could be converted for use for a bunch of stations below 87.5,but have not seen much about it lately.

 

[dumber than a box of hair]

I remember reading a thread on the old unified board(I think it was engineers) once about how either channel 5 or 6 could be converted for use for a bunch of stations below 87.5,but have not seen much about it lately.

That's because the proposal is dead and buried. 76-88 MHz has already been reassigned to other services after 2/19/2009.

 

[rapking]

Pirates of yesterday , Pirates Now, and Pirates Forever ! PIRATES RULES ! PIRATES STATIONS, MAKE LESS MONEY , AND GIVE BACK MORE ,TO THE PEOPLE ( National Radio Station Groups S-cks ) .

 

[ZRXOA 5248]

The MBTA WAS I repeat WAS aware that they were dealing with an illegal operation, I told them when I called them, I mentioned it in every email I sent them, I sent them links to this boards posts on the subject, they still went ahead with the promotion.

I know when WILD got sold to Radio One the T lost the support of the Nash family in doing the toy drive. I am just as PO'd at the Entercoms, Cheap Channels Greater Media's et al for not helping.

Here is my initial email to the MBTA, with some redaction .

Dear Mr. Swan

I have been involved in radio professionally since 1976. I have held a F.C.C. license since 1972. I have worked in all aspects of the industry, from Board Operator to Chief Engineer.


I am wondering why the quasi-governmental transit authority that serves Boston has chosen to partner with an unlicensed and hence illegal radio operation known as Touch 106.1 to promote the M.B.T.A.’s annual “Fill A Bus” toy drive?

As far as I know, Touch 106.1 is not licensed as a broadcast station. I don’t care what they tell you about some F.C.C. exception, it doesn’t exist. The people who say this are no better than the folks who say that the income tax is illegal.

I know what you are thinking, it’s “for the children”. As noble as it might sound, I wonder if the M.B.T.A. would partner with the Mafia or the Taliban because “it’s for the children”.

Illegal “pirate” broadcasters hurt legitimate stations, by interfering with their legally obtained authority to serve the community of license. This is done by interfering with the signals, siphoning off advertising revenue and listeners.

There was an incident this past summer where a “pirate” station in Brockton interfered with equipment at Boston’s Logan International Airport. Why would the T partner with a criminal enterprise that has no requirement to make sure their equipment is not causing problems with other radio frequencies? I won’t even get into the tax, zoning, and other issues that are involved here.

I know the history of the Fill A Bus program. I know when WILD 1090 was sold to Radio One, the level of support it received was not going to be the same. The Nash family was always community oriented when it came to the operation of their station. With WILD 1090 a shell of its former self, and Radio One having sold it’s FM station to Entercom, the options must have seemed limited for a broadcast partner.



With all the legally operated stations in Boston, who are always looking for a good cause to promote, why did you choose Touch 106.1? Where was the due diligence?



Taking off my engineer’s hat, and putting on my consultant’s hat, I would have approached Greater Media, operators of a few FM signals in the market. Many good demographics are covered by their cluster, from country to classic rock, to soft rock, to Album Oriented rock, to WTTK 96.9 a talk station that could use some goodwill in the minority community because it aired Don Imus. If I were the M.B.T.A., I would have had a nice visit with Peter Smith down at Greater Media’s Braintree HQ and explained how much goodwill would be generated by their involvement. I might have sweetened the pot with some free ad space on subways and buses. In the trade we call this “barter”.



I would have approached Jason Wolfe and Julie Kahn at Entercom. Entercom, the new owner of the former Radio One property that you once partnered with for this project. Entercom also owns a huge part of the market with WRKO, WAAF, WKAF, and WEEI where the morning drive show got into some trouble not too long ago with the minority community, something about a gorilla and a bus stop. I think Entercom is always looking for something to help heal that wound.



Then there is Clear Channel, they own Jamn 94.5, heavily targeted towards inner city youth, and KISS 108. You want promotion they are two of the heavy hitters.



Then there are the good folk at CBS Boston. WBZ, WZLX, WBMX, WODS, WBCN. They have a pretty much spotless record so they don’t NEED to make amends, but they do some of the finest work in the market when it comes to charity. Plus their promotions guy is second to none.



Can someone at the M.B.T.A. tell me which one of these companies you approached to help you with this Fill A Bus promotion? Just one event with one station owned by these companies would have filled a 60 foot bus. These are the companies with the concert tickets, sporting event tickets, the radio sales departments that can hit the national brands for promotional give aways. These are the broadcasters who are willing to serve their communities. I have not even touched on the many non commercial stations in the Boston market that the M.B.T.A could have approached.



Next time, please consider partnering with a legal entity when it comes to good deeds.

 

[freqlost]

That's because the proposal is dead and buried. 76-88 MHz has already been reassigned to other services after 2/19/2009.

Thanks for the info.
I was not aware,sounded good.

 

[necrat123]

76-88 isn't actualy re-assigned. It will still be used by broadcast television post transition. There are a few TV stations going back to VHF 6 on that date. (Including ones in Albany and Philadelphia). There was a NPRM to eliminate channels 2-6 (54-88) but that was shut down.

 

[aaronread]

76-88 isn't actualy re-assigned. It will still be used by broadcast television post transition. There are a few TV stations going back to VHF 6 on that date. (Including ones in Albany and Philadelphia). There was a NPRM to eliminate channels 2-6 (54-88) but that was shut down.

Oh no, it's like a zombie...damn thing always comes back. The NPRM is still on the table (actually just released about a week ago) to re-allocate TV 5 and/or 6 to the FM band. (both links are to PDF's)

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-217A1.pdf
Page 35 (paragraph 100)
Here's the text:

100. In its Supplemental Comments, DCS urges the Commission to give a “hard look” to a proposal advanced by Mullaney Engineering, Inc. (“Mullaney”).189 Mullaney proposes that the Commission reallocate TV Channels 5 and 6 for FM broadcasting, thereby creating a “staggering expansion of the existing FM band.”190 We agree with DCS that this proposal could yield tremendous opportunities for new entrants, and we seek comment on it.

FWIW, each TV channel has enough spectrum for approximately 30 FM channels.

Personally, I am not against the spirit of this idea. But I would be strongly against it if the existing allocations structure were maintained, and the extra frequencies just opened up for grabs. That's because it wouldn't solve the problems we have with radio (in general) now; it'd just make them worse. Even with 60 new FM channels, the spectrum would still be too "sparse" to allow anything but the rich to really get in on the action. And it would divide the slim advertising pie that much more, to the point where we'd be right back where we were before Telcomm'96; with tons of small and medium sized stations just barely breaking even or, more likely, slowing losing money...getting sold every few years to a new owner and repeating the same process.

I'd only support it if there was a radical change in the allocations structure in the US. "Radical" meaning something along the lines of banning directional antennas, or at least severely restricting them. And drastically increasing the minimum power, too. Something that "levels the playing field" when it comes to engineering and prevents the ridiculous "shoehorning" in of stations.

And perhaps "cleaning house" on the AM side; forcing more of the "questionable" AM facilities to migrate to FM (similar to the Canadians, I suppose). All of which, of course, would be fought tooth and nail by the NAB.

 

[ZRXOA 5248]

I am happy to report that I contacted the President of a major media company, with 4 FM's in Boston, and he agreed to work with the T this year on the Fill A Bus toy drive.

It is very early on in the process, and in time I will thank them publicly, especially if it works out that the T will get on a real radio station where they can generate some donations for toys for needy children.

Now the ball is in the T's court to take them up on their generous offer.

 

[argytunes]

I wonder if putting the FCC out of business would improve the national economy?

How much do those turkeys make annually....just for collecting license renewal fees and preventing pirate radio stations from appearing on an unauthorized freqency? ???

Does anybody have an answer to this one?

argytunes