New Increased Pirate Radio Fines up to Two Million Dollars

[Harvey_Dogg]

No money for enforcement though and covid 19 is still surging. Many of these pirates are in poor minority neighborhoods. Most don't have any money to pay a fine.
Long ago pirates were just whiz-kids broadcasting from a bedroom at dad's house. Today the FCC is dealing with grown adults who feel they have a cause. Therefore, enforcement is much more dangerous today.
New Pirate Fines

 

[Harvey_Dogg]

Would it be a good idea to make some form of neighborhood broadcasting legal for ethnic, minority, or neglected areas? Like a community need.

 

[DavidEduardo]

Would it be a good idea to make some form of neighborhood broadcasting legal for ethnic, minority, or neglected areas? Like a community need.

We have that already in LPFM facilities. Like many volunteer organizations, many have difficulties keeping an active staff for a signal that only covers about 30 square miles... depending on the transmitter location.

"LPFM stations are limited to 100 watts and a service range of 5.6 kilometers (3.5 mile radius). This does not mean that the station cannot be heard beyond a 3.5 miles radius. It’s an approximation of the expected average coverage."

And the number of potential stations is limited by the already congested FM band in most parts of the country and which requires protection of the signal of already operating stations.

Here is a description of some of the issues in the form of a Q&A:

Low Power FM (LPFM) Frequently Asked Questions

To help potential applicants with the filing process, we provide answers to some commonly asked questions. Additional information is posted on the main LPFM page at Low Power FM Broadcast Radio Stations (LPFM). Because these FAQs do not cover every aspect of the LPFM service, please make sure...

www.fcc.gov

 

[Harvey_Dogg]

Yes the FCC has been promising to get more minorities licenses for decades.
That was one of the main arguments for Docket 80-90 and LPFM. But, neither worked out as designed. So, the promise was broken.

And, the best most valuable frequencies in America had already been handed out before 1965.

 

[kenglish]

When LPFM was first announced, everybody and their brother wanted to go down to Radio Shack and buy themselves a low-power FM station. Most had no clue what was involved, and many thought they could turn around and sell the license for millions, like a real station.
Unfortunately, some also think that having submitted a form to the FCC meant they now had permission to broadcast (no CP, no license, no call letters...but they are on the air, sometimes from a transmitter that is miles away from their originally proposed site).

 

[TheBigA]

Yes the FCC has been promising to get more minorities licenses for decades.
That was one of the main arguments for Docket 80-90 and LPFM. But, neither worked out as designed. So, the promise was broken.

Not sure it was a "promise." They opened licensing for those facilities, and minorities didn't apply. Whose fault is that?

 

[DavidEduardo]

Yes the FCC has been promising to get more minorities licenses for decades.
That was one of the main arguments for Docket 80-90 and LPFM. But, neither worked out as designed. So, the promise was broken.

Docket 80-90 was mostly a change in the rules that was triggered by the Bonita Springs case. Of course, after the fact there was a lot of noise about how having more licences available would benefit minorities and new owners. All that Docket 80-90 did was make radio unprofitable in many small and medium markets, forcing the Commission to do away with the 1 AM and 1 FM rule because more than half of all stations were losing money by the early 90's.

 

[kenglish]

The FCC already has a publicly-accessible database of all licensed stations, but most of the public wouldn't know anything about it. The PIRATE ACT just needs them to add a list of illegal broadcasters, and their status. No need to reinvent the wheel. Problem now is, the FCC doesn't have a means for the public to see the status of any enforcement activity. All we can see is the public notice, where they make a big announcement about fines and NALs. No way to find out if anything was paid, or if the problem was solved and the case closed.
I spent a couple of hours with a nice lady a while back, as she talked to her supervisors, and all we could find was the usual web links to the usual announcements. Nothing specific to final actions.

 

[Harvey_Dogg]

It's not that minorities didn't apply for stations in 80-90. Construction permits were awarded to the applicant with the most money for lawyers in FCC hearings.

LPFM frequencies were crowded out by the FCC opening a translator filing window before they opened an LPFM window allowing LPFM applicants to apply for third adjacent channels. Despite an act of congress stating LPFM and translators being equal, they never were.

 

[b-turner]

I don't believe a promise was broken. True, for years and years the FCC has wanted to increase minority and female ownership opportunities. The goal never materialized. So, the reality is, opportunities exist but the groups of people the FCC would like to see apply simply aren't. There's the old saying you can lead a horse to water but you can't make him drink.

 

[b-turner]

There have been two LPFM filing windows. There was no translator invasion prior to the first filing window. It seems to me it had been years earlier before the first LPFM filing window that their was a translator filing window that was a can of worms the FCC had to hash through. AM transators was not a thing. LPFM and translators are equal however when push comes to shove, it's who was there first that seems to hold the better cards in the deck.

I might add, in my opinion, if the FCC is going to class a LPFM the same as a translator, then why not permit up to 250 watts at a HAAT that fills the non-interference hole is the applicant chooses.

 

[Harvey_Dogg]

There have been two LPFM filing windows. There was no translator invasion prior to the first filing window. It seems to me it had been years earlier before the first LPFM filing window that their was a translator filing window that was a can of worms the FCC had to hash through. AM transators was not a thing. LPFM and translators are equal however when push comes to shove, it's who was there first that seems to hold the better cards in the deck.

The NAB succeeded in getting congress to block LPFM grants on channels during the first LPFM filing window that were still open to translator grants.

 

[TheBigA]

It's not that minorities didn't apply for stations in 80-90. Construction permits were awarded to the applicant with the most money for lawyers in FCC hearings.

Really? You have some proof for that?

 

[Harvey_Dogg]

Really? You have some proof for that?

I've been a consultant for 35 years. I help people getting licenses from the FCC by filling out forms. I helped many for free and they operate legal radio stations.

 

[DavidEduardo]

I've been a consultant for 35 years. I help people getting licenses from the FCC by filling out forms. I helped many for free and they operate legal radio stations.

One of the more controversial issues in both translators and LPFM operations is that so many of the available channels went to religious groups. Many of those were aided by some of the denomination's central organizations who helped independent local churches to get licenses, and others filed for multiple translators.

Certainly faith-based groups qualify for such stations, but the idea that those available stations would be given to minority groups or community coalitions tended to be preempted by a big number of religious applicants with more money and greater skills at dealing with the FCC.

And then there is the issue that more and more radio listening is done in the car and not at home or at work. With signals that can be driven out of in just a few miles, LPFMs are not in a good position to be effective unless they stress streaming more than the actual FM.

 

[Theater of My Mind]

Really? You have some proof for that?

America is a corporatocracy, the ones with the money always win, that's how things work here. If you want proof then it shouldn't take you too long to dig up what's not hiding.

 

[kenglish]

It's not that minorities didn't apply for stations in 80-90. Construction permits were awarded to the applicant with the most money for lawyers in FCC hearings.

That seems to be the case very often. It's often "who can keep the thing tied up in court the longest?"
I had a friend who always wanted to have his own station. After saving lots of money, buying property where he could build it, and finding a partner or two, they filed for a frequency that would work.
A few years ago, by challenging Google to dig deeper, I was able to find the whole story.
As soon as he filed, several others filed on top of him (not totally unexpected, but this was a very small market). The whole thing went around and around, until only one applicant still had money. That group put a station on the air, then quickly sold it. Since then, I think they have had about seven owners, and even more formats. Not sure if there ever was a local owner.
Al, and his friends could have made a go of it, and kept it local.
Unfortunately, he neglected his health while fighting the fight, and they found him dead in the trailer he had at the tower site.

 

[TheBigA]

America is a corporatocracy, the ones with the money always win, that's how things work here. If you want proof then it shouldn't take you too long to dig up what's not hiding.

Yet there are hundreds of LPFMs run by individuals without any corporate backing. That's why I asked. LPFMs are non-commercial, and the licensees have to be non-profit. On the other hand it takes money to run a radio station. If you can't afford the application process, you'll find it even more difficult to keep the station on the air.

The charge was that minority LPFM applicants lost out because they didn't have money for lawyers. There has to be more to the story, because someone funded the lawyers who got the Congress to approve LPFMs in the first place, and there is a case pending before the Supreme Court attempting to reverse FCC ownership rules. So SOMEBODY has a lot of money for lawyers in FCC hearings, and it's not just corporate radio. Money doesn't appear to be a problem for SOME minorities.

 

[b-turner]

To apply for a LPFM you don't need to lawyer up. You might not even require an engineer to do the frequency search and application. The FCC even has a page where you can find frequencies that will work (if there are any) at your coordinates. I applied and got a CP for our group without issue. The only big money on operations would have been a tower lease. We bought new equipment and got in under $10,000 (remember we were to lease on a tower). We cobbled together a studio, the good computers, quality sound cards and such from our home studios. We used a known engineer for our frequency search and application.

 

[Harvey_Dogg]

Yet there are hundreds of LPFMs run by individuals without any corporate backing. That's why I asked. LPFMs are non-commercial, and the licensees have to be non-profit. On the other hand it takes money to run a radio station. If you can't afford the application process, you'll find it even more difficult to keep the station on the air.

The charge was that minority LPFM applicants lost out because they didn't have money for lawyers. There has to be more to the story, because someone funded the lawyers who got the Congress to approve LPFMs in the first place, and there is a case pending before the Supreme Court attempting to reverse FCC ownership rules. So SOMEBODY has a lot of money for lawyers in FCC hearings, and it's not just corporate radio. Money doesn't appear to be a problem for SOME et

Commercial Docket 80-90 applications and the the LPFM application process are 2 totally different ballgames.

And, a certain religious supercaster applied for translators just about everywhere. They then turned around and abused a process meant to help small AM stations survive. These translators were then sold to corporations who already owned several FM frequencies in a city that could have been used for their Rush repeater.