FCC Cracking Down on Property Owners From Which Pirate Broadcasters Operate

Discussion in 'Amateur Radio News' started by K5XS, Dec 18, 2020.

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  1. K5XS

    K5XS Ham Member QRZ Page

    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.


    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

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

    DOC-368836A1.pdf (fcc.gov)

    N4FZ, AE8W, KW4QQ and 3 others like this.
  2. K3XR

    K3XR Ham Member QRZ Page

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

    "knowingly" is a key word.
    N4GNO, AE8W, KG7HVR and 2 others like this.
  3. K0UO

    K0UO Platinum Subscriber Platinum Subscriber QRZ Page

    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.
    WD4IGX, VY1RW, KC9YCT and 20 others like this.
  4. KL7KN

    KL7KN Premium Subscriber QRZ Page

    it's not about you. it's all about me....
    WB5THT, W0ARM, W1TRY and 8 others like this.
  5. N0TZU

    N0TZU Platinum Subscriber Platinum Subscriber QRZ Page

    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.
    N5PZJ, AK5B, WA9JOQ and 6 others like this.
  6. KK9W

    KK9W Ham Member QRZ Page

    Not just one Benjamin, but a whole lotta Benjamins.
    W2CPD, KD4AYU and KL7KN like this.
  7. N0TZU

    N0TZU Platinum Subscriber Platinum Subscriber QRZ Page

    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.
    VA3GET, W4TN, AK5B and 2 others like this.
  8. NC5P

    NC5P Ham Member QRZ Page

    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.
    WD4IGX, KV3I, KD4AYU and 9 others like this.
  9. KE0GXN

    KE0GXN XML Subscriber QRZ Page

    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. :oops:
    WB9YTG, K5MPH, KM6DYO and 3 others like this.
  10. K3XR

    K3XR Ham Member QRZ Page

    AK5B likes this.

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