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FM Pirate Busted in Ocala

Cedric said:
I really don't like seeing people getting arrested for this kind of thing. Whatever happened to a written warning?

The FCC simply tells local law enforcement that it's a 3rd degree felony and the locals see this is a feather in the cap by helping the feds. Don't you listen to Alex Jones? ;D
 
Not anymore, we pulled Alex Jones after his CNN rant. But I don't need Alex Jones to know that our government is out of control.

All I'm saying is that people shouldn't be arrested for this. The FM band will probably be a freeband before long. If they're going to raid somebody, at the very least, they should send a written warning first.
 
A "written warning" before a raid? They are breaking the law, and anyone who has a legally licensed facility should be glad they are enforcing these laws. Bust them and auction off their "state of the art" equipment.

Alex Jones is another matter altogether - bad radio all the way.
 
Licensed stations who knowingly violate FCC rules are first issued a warning and given a chance to explain and correct the problem.
I can understand a 'Pirate' who is over-modulating, operating with lots of dirty power and thumbing his nose at FCC rules.
Someone who is operating an unlicensed station with only a few watts of clean power and not causing a probem for licensed Broadcasters should first get a warning.
Going further, I believe that the FCC should set aside a couple of frequencies at the bottom of the FM dial for unlicensed operation with a power limit of, perhaps, 10 watts E.R.P with an antenna height of, perhaps, 25 feet above average terrain. 88.7, 88.9 would be a good start.
Just my thoughts.
 
Actually, Florida's commercial and public broadcasters got a state law passed in 2004 that does make pirate radio a third-degree felony. New York and New Jersey have similar laws on the books (all are pirate hotspots).
 
diymedia said:
Actually, Florida's commercial and public broadcasters got a state law passed in 2004 that does make pirate radio a third-degree felony. New York and New Jersey have similar laws on the books (all are pirate hotspots).

Which I completely disagree with since the Florida law is regulating a Federal matter. State law does not override Federal Law. Before the new state law went in effect, the FCC would visit the property, make an inspection to determine if an illegal operation was, in fact, in operation, then issue a Cease-and-Desist order if the investigation determined there was, in fact, and illegal radio station in operation. If the violators did not comply with the Cease-and-Desist order, then the matter was handed over the Federal Marshal's Office who would serve a search warrant and confiscate any equipment used in the illegal operation. However, no one was arrested and charged with any criminal offense. It was completely administrative. The U. S. Marshal was used only to force the station shut down, but not to make any arrest.
 
ok walters said:
They are breaking the law, and anyone who has a legally licensed facility should be glad they are enforcing these laws. Bust them and auction off their "state of the art" equipment.

While technically you are correct in that a statutory law was violated, keep in mind why laws exist in the first place. Laws or supposed to be created to protect the public and to protect individual rights. In the case of an illegal radio station operation, while I am not advocating such activity, I fail to see where the public has been harmed or how anyone's right have been violated as a result of such illegal radio station operation. In my opinion, it certainly does not warrant felony status as this is hardly a major criminal offense.
 
But Clear Channel, the driving force behind deregulation, got where they did largely on the strength of the relationship between their founders, the Mays family, and the Bush family.

So there's an easy connection to criminalizing anything that may interfere with the profits of big radio...

And as Paul Harvey would say... Now you know... The REST of the story....
 
PT, that's the most ridiculous thing I've read today. Deregulation had nothing to do with what has happened to radio, it was regulation that started the ball rolling. There was the effort to force FM stations to "use it or lose it" when it came to their license class and the insane Docket 80-90, the last dying gasp of the Carter years, that resulted in what we have today. Both situations created by the bureaucratic ideology of people who had no understanding of broadcasting but a unstoppable desire for social engineering.

And, of course, both resulted in the inevitable: too many radio stations in larger markets while the smaller cities and towns lost their local media. Let's hear it for regulation! Not!
 
jmtillery said:
ok walters said:
They are breaking the law, and anyone who has a legally licensed facility should be glad they are enforcing these laws. Bust them and auction off their "state of the art" equipment.

While technically you are correct in that a statutory law was violated, keep in mind why laws exist in the first place. Laws or supposed to be created to protect the public and to protect individual rights. In the case of an illegal radio station operation, while I am not advocating such activity, I fail to see where the public has been harmed or how anyone's right have been violated as a result of such illegal radio station operation. In my opinion, it certainly does not warrant felony status as this is hardly a major criminal offense.

Fail to see where someone's rights have been violated? Wow. The FAB sure thought it was enough of any issue to spend time and money to get legislation passed making it a felony - what does that tell you? I would bet if you owned a station near that pirate and found that they were taking even one dollar of ad revenue from you your view would change fast. What would happen if there was no enforcement and pirates sprung up all over? There would be interference issues, more sharing of existing ad revenue, format duplication hurting listenership, etc... Think any legitimate broadcasters rights would be violated then? Think the value of thier station would drop any due to increased competiton and lower revenues? If you can get away with this type of operation with little or no consequence, why bother getting a license? This type of bust is all that keeps that from happening - a clear message that there are consequences to running a pirate. Confiscation of equipment is not enough of a deterent - give it some bite and make the punishment real.
 
ok walters said:
I would bet if you owned a station near that pirate and found that they were taking even one dollar of ad revenue from you your view would change fast.

I'm having a hard time figuring out what planet you live on. I doubt that the very small neighborhood businesses who might advertise on a pirate have anywhere the fiscal resources to pay for even one or two spots on the local CC outlets.

The first door to the right ahead will allow access to the real world.
 
Of course CC wouldn't be too concerned as they don't own too many small stations anymore, but many smaller locally owned stations would. They had been on for a year, and even the local reporter noted that they had local sponsors. If you were running a small station barely getting by like many of them are nowadays, an illegal competitor who had a very small entry cost due to the lack of any licensing or regulation IS an issue you wouldn't want to deal with. Say they were taking in a couple of grand a month - which is not unrealistic in order to keep it on air - would that be a concern to a small local operator? Would it be even more of a concern to someone with the same format? Of course it would - how could it not be?

You need the reality check, Jim. Apparently your definition of the "real world" doesn't involve actually running a small station with a pirate in town, but that was reality for the broadcasters near this guy and he was reported, undoubtedly by another station. Why was he reported if he wasn't a concern? Also, as I noted before, please explain why the Florida broadcasters went to the time and expense to push legislation through making it a felony. If pirates are not a concern to other broadcasters, why did they make that effort? Are they not in the "real world" either? Things that make you go hmmmmm.....
 
Just read this. Intersting that it's a class-A misdemeanor in New York.

Brooklyn, N.Y., detectives arrested two men for allegedly operating a pirate station on 104.7 MHz.

The Kings County District Attorney’s Office says Seon Bruce and Solomon Malka are charged with unauthorized radio transmission, a class-A misdemeanor and could face up to a year in jail.

Detectives bought advertising on the station and an FCC engineer traced the signal to a rooftop antenna on a 50-story building in Manhattan. The detectives seized the transmission equipment.
Solomon told them he installed the equipment and knew the station didn’t have a license, according to the KCDA.

Detectives also found equipment for another station, 91.7 MHz, which was on the air in June. Solomon told detectives he had a license for that station but the FCC says he doesn’t.
 
Activities like these barely put a dent in pirate activity. FL, NY, and NJ passed their own anti-pirate laws because the FCC is madly overwhelmed by its regulatory responsibilities. Agents in the field offices are greying, and busting pirates is very low on the list of field activities, which is why most enforcement is complaint-driven. And it's also not like most local cops have extra time on their hands, either.

Generally speaking, enforcement is a paper tiger. The Federal Marshals have better things to do; the courts don't like debating this particular aspect of communications law; and the FCC's attempts at collecting on any fines it issues is abysmal.

The FCC was asked about the legality of state-level jurisdiction over the airwaves back when FL was debating its law nearly 10 years ago; the Tampa field office director played coy but welcomed any support they could get. There have been no jurisdictional legal challenges as of yet (although the ARRL and one former FL pirate once threatened to).
 
ok walters said:
You need the reality check, Jim. Apparently your definition of the "real world" doesn't involve actually running a small station with a pirate in town, but that was reality for the broadcasters near this guy and he was reported, undoubtedly by another station.

You shouldn't make assumptions, Mr. Walters. I have been a licensee of several commercial stations in the past, AM and FM, in Florida and Virginia. The smallest of the markets was well within the Top 100 and there was a pirate running somewhere on the band almost 365 days a year. There is no need to bust them this way. And as far as the FAB is concerned, they are known by their actions.
 
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