FCC Cracking Down on Property Owners From Which Pirate Broadcasters Operate

Today's FCC "Daily Digest" includes a notice that the FCC, under provisions of the PIRATE ACT, the Commission will begin penalizing property owners when they knowingly allow pirates to operate from their property.

FCC ENFORCEMENT BUREAU WARNS PROPERTY OWNERS AND MANAGERS OF SIGNIFICANT NEW FINANCIAL PENALTIES FOR ALLOWING ILLEGAL BROADCASTING ON THEIR PROPERTY

Notice Could Precede Fines of Up to $2 Million Under the PIRATE Act -- WASHINGTON, December 17, 2020—The FCC’s Enforcement Bureau today announced it has begun targeting property owners and managers that knowingly tolerate pirate broadcasting on their properties, exercising the Commission’s new authority under the recently enacted PIRATE Act. Parties that knowingly facilitate illegal broadcasting on their property are liable for fines of up to $2 million.

“Pirate radio is illegal and can interfere with not only legitimate broadcast stations’ business activities but also those stations’ ability to inform the public about emergency information,” said Rosemary Harold, Chief of the Enforcement Bureau. “It is unacceptable – and plainly illegal under the new law – for landlords and property managers to simply opt to ignore pirate radio operations. Once they are aware of these unauthorized broadcasts, they must take steps to stop it from continuing in their buildings or at other sites they own or control. If they do not do so, they risk receiving a heavy fine, followed by collection action in court if they do not pay it. In addition, our enforcement actions will be made public, which may create further unforeseen business risks.”

Under the new authority, the Enforcement Bureau will provide written notice to property owners and managers the agency has reason to believe are turning a blind eye to – or even helping facilitate – illegal broadcasting. These new Notices of Illegal Pirate Radio Broadcasting also will afford parties a period of time to remedy the problem before any enforcement action moves forward. In the first such notices, issued today to property owners regarding their buildings in New York City, the respective parties were given 10 days to respond. The Bureau will consider any response before taking further action.

Commission investigations have found that landlords and property managers too often are aware of this illegal activity taking place on their premises. The Commission has previously sent warnings to landlords and even sought cooperation from national property owners’ organizations in raising awareness. With pirate broadcasts persisting despite these efforts, Congress took action and empowered the Commission to penalize property owners and managers that knowingly permit pirate broadcasters to remain operating from the landlord’s buildings or unbuilt areas. Landlords and property managers also may be found liable if a pirate station ceases operation for some period of time but later resumes at the same site.

Separately, the Enforcement Bureau and the Office of the Managing Director also released today an Order amending the Commission’s rules to implement the new enforcement authority granted by Congress through section 2 of the PIRATE Act, as codified in 47 U.S.C. § 511.

Notices of Illegal Pirate Radio Broadcasting are available at:

https://docs.fcc.gov/public/attachments/DOC-368827A1.pdf https://docs.fcc.gov/public/attachments/DOC-368817A1.pdf
https://docs.fcc.gov/public/attachments/DOC-368826A1.pdf

The PIRATE Act is available at: https://www.congress.gov/116/plaws/publ109/PLAW116publ109.pdf.

DOC-368836A1.pdf (fcc.gov)

 

If Congress gave them the authority it's exactly the enforcement action they should be taking.

"knowingly" is a key word.

 

Follow the money$$$$$$$$$
Penalizing the property owners????? The Pirates don't have the $$$$$$$$$$$ so the FCC goes after the property owner. With CV19 the owner can't even make them move if they don't pay rent even if they are making meth, but now the FCC can fine the property owner who may be totally unaware of the Pirate.

 

it's not about you. it's all about me....

 

I didn’t look up every single eviction moratorium order in this big country, but the national CDC order preventing eviction excludes those for illegal activity.

 

Not just one Benjamin, but a whole lotta Benjamins.

 

Obviously the intent of Congress and the objective of the FCC is to get the pirate activity to stop, not to collect fines while it continues.

 

Anyone can set up a streaming channel on the internet so why bother transmitting? Does anyone even hear them? Radio broadcasting has been dying for years, most people are listening via their phones and other devices online.

 

I am guessing pirate radio is a niche thing.....? I have yet to hear one to my knowledge, I guess if I looked for them I might hear one now and again.....meh....I don’t see the interest in it.

Like you say, few people even listen to broadcast stuff anymore.....well, maybe except for us.

 

This is 2018 but it looks like radio is doing OK.

https://www.nielsen.com/us/en/insig...america-listens-the-american-audio-landscape/

 

On the surface without reading the statue, orders and what not, but just going by the sensation of the headlines, it sounds like a great thing! Finally get the FCC to enforce things and what better teeth to bite into crime than financially.
However, I start thinking, first just what do they specifically define as a pirate radio broadcaster? Is it a specific freq? Mode? Content? Obviously if I need to know, I should look up the links above as a good start. But my thought is that the average property management organizations rank and fil employees such as managers, superintendents or maintenance staff isn't going to be familiar with definitions and specifics...
If this is such the problem and the FCC succeeds at making the public or at least the investment property industry aware and scared, it could be at our own detriment that every rental property owner is going to be overly hyper-vigilant and stereotype anybody using radio equipment as a potential legal liability . Who the hell is going to chance giving Joe ham radio tenant permission to place that doublet on the apartment roof or balcony?
Or how about that mechanic ham down the road that leases a commercial shop and wants to have a vertical for 2 meters for the radio in his shop office....
All radio operations will be potentially stereotyped and it will be more difficult than ever to get those laypersons to even take the time to plead your case and obtain the permission in the first place.
It isn't a very good boom to ham radio or any legit radio activities overall. It publicizes negativity, brought about by outsiders, once again.
That's just my immediate knee jerk reaction/opinion of reading the headline. I will research the whole story in a few .....

 

Must be a bunch of old people still keeping it alive. I have never seen or heard any of my kids turn a radio on or listen to one for that matter. Now their phones, yeah that is a whole different matter....

 

Read the link it will give you a breakdown of the age groups.

 

My kids are Gen Z....but yes, according to the article some “youngsters” apparently listen to broadcast radio.

 

Many if not most radio stations do stream their content. I just do not see people out there listening to old style radios like they used to.