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« on: June 24, 2015, 2238 UTC »
Remarks of Commissioner Michael O’Rielly Before the New York State Broadcasters Association Summer Conference June 23, 2015
Time to Eradicate Pirate Radio Stations
To see the impact of New York broadcasters in Washington, you don’t need to look any further than the letter to the FCC on the ongoing problem of pirate radio, which every single member of the New York House delegation signed just two weeks ago. Getting all those signatures on one document is quite an impressive feat and speaks not only of your high level of engagement and involvement with your representatives, but also of the extremely serious nature of this problem, which I addressed in a post on my FCC blog two months ago. Far from being cute, insignificant, or even somehow useful in the broadcasting ecosystem, pirate radio represents a criminal attack on the integrity of our airwaves, at a time when spectrum has become more scarce and precious than ever before. Burdened with around 25% of the nation’s total pirate transmissions, New York’s airwaves are a target under continuous assault. As the Congressional letter highlighted, there appear to be 34 pirate stations operating in Brooklyn and the Bronx alone, with more stations now spreading throughout the state like poison ivy in a neglected garden. And where is the gardener? With enforcement actions on the decline even as unauthorized stations proliferate, many feel that pirate radio has slipped far down the FCC’s priority list. Allocating spectrum and subsequently protecting license holders from interference is one of the Commission’s original charter missions and remains our most fundamental responsibility. Without vigilant, proactive enforcement of every license, the value of our spectrum, one of the most treasured natural resources of the modern age, is irreparably degraded. And when the interference affects legitimate, licensed broadcasters, Americans can be deprived of the vital and potentially life-saving emergency alerts, weather updates, and news they need at critical moments. There can be no justification for the Commission continuing to look the other way with everything that is at stake here, and that is why I have called for a renewed focus on pirate radio enforcement along with consideration of potential private remedies to give licensees more tools to defend against interference. In addition, one idea that is worth exploring that I discussed with David is whether to put building owners on the hot seat for hosting pirate radio stations. Most building owners wouldn’t allow tenants to conduct an illegal gambling sites, sweatshops or drug activities, why should they be allowed to be so passive with regards to illegal pirate radio stations? Shouldn’t there be an added burden to make sure building owners don’t knowingly lease or rent to pirates? I don’t want to go overboard because I strongly believe in property rights, but it seems like accepting a complete ignorance excuse is insufficient. Such an idea may require a change in law, and therefore subject to Congress, but if it is something that may help the cause, I’m willing to assist you in that effort. The good news is that more help is on the way from the FCC. Thanks to all the recent efforts to raise awareness of this problem, the Chairman has finally seen the light and committed to step up enforcement against pirate radio operators in connection with the Commission’s initiative to reorganize the operations of FCC field offices. My understanding is that the NY FCC Field Office is quite responsive and capable. Our job at FCC Headquarters is to make clear to them that we place a high priority on their efforts to eliminate pirate radio, are ready to provide resources, and expect results in the near term. Next week, the FCC will be hosting several New York broadcasters, as well as your counterparts from other markets, for a discussion to start formulating a plan of attack. So I am optimistic about the chances of rapid, substantial progress on the enforcement front. I know that no one is happier to hear this news than the community gathered in this room, and I commit to keeping the pressure up to
eradicate pirate radio for good.
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