Jul 25 Sacramento
california
Pirate Radio Challenges Feds
Published: September 20, 2006

OAKLAND, Calif.—To Stephen Dunifer, it was yet another revolutionary moment. To the untrained eye, it looked more like a geek fest.

Over four days, a dozen men and women shyly bumped shoulders as they studied schematics and tinkered with romex connectors, resistors, microphone cords, meters, sockets and capacitors.

In the corner of this cluttered electronics lab, hunched over a computer, sat Dunifer, their teacher, “the patron saint of pirate radio.” Part rock star, part Johnny Appleseed and fully the bane of the Federal Communications Commission, Dunifer has long, gray hair, large, clear glasses and a deep commitment to what he calls “Free Radio.”

“We’re not stealing anything. We’re claiming something that’s rightfully ours,” he says.

His goal is to create FM radio stations faster than the FCC can shut them down.

“It’s always been our position that if enough people go on the air with their stations, the FCC will be overwhelmed and unable to respond,” he says.

Pirate radio is radio without a license, radio without government regulations. It’s “america the criminal” at midnight on Human Rights Radio in Springfield, Illinois and pre-dawn erotica on Freak Radio in Santa Cruz, Calif. It’s an inordinate amount of Frank Zappa at WFZR in West End, Pa. (a station dedicated to playing his music) and the “Voice of the American Patriot” ("no support for liberals disguised as wannabe Conservatives") at NLNR in Butte, Mont.

The rapidly proliferating scofflaws are usually only audible within a few miles of their “home-brewed” transmitters. They find unused sections of the FM dial, fire up their mini-transmitters, raise their antennas and set up their station.

Some opt to broadcast on the Internet as well, opening up their audience to the entire globe. Costs typically range from about $250 to $1,500.

Pirates draw loyal audiences in their communities but complaints from the larger, licensed public and private radio stations who say the microbroadcasters interrupt their signals. And they are a thorn in the side of the FCC, which is tasked with shutting them down.

Ten miles away from Dunifer’s radio camp, at an undisclosed location in San Francisco, an FCC enforcement team is part of a nationwide campaign to thwart the pirates.

A record 185 unlicensed broadcasters received fines, cease and desist letters or had been raided by the by early September, up from 151 enforcement actions in all of 2005 and 92 in 2004, according to John Anderson, an expert on pirate radio who tracks FCC enforcement at University of Illinois’ Institute of Communications Research. His data show a steady increase in pirate radio enforcement dating back 10 years.

“There are a lot more stations out there these days, thus there are a lot more stations for the FCC to find and bust,” said Anderson.

Despite federal laws that ban unlicensed radio, efforts to shut down the stations are rarely popular and appear to be ineffectual, at least some of the time. For example:

_The neon sign says “ON AIR” at the storefront KNOZ station in Sacramento, Calif., even though broadcaster William Major was fined $10,000 by the FCC in June. Major says he’s been wrongly painted as a pirate station, and that the FCC just overlooked his license application which he says is still pending. And the fine? “It’s 10 G’s,” he said. “I don’t have 10 G’s. But they’re being real gentleman about it, you know what I mean? They gave us the fine and they’re letting us do our thing.”

_Residents of Brattleboro, Vt., are also once again listening to free radio. Last summer the FCC raided and shut down their 10-watt radio free brattleboro, prompting an ongoing federal court battle. This summer a new community radio station received permits to open and raised a 30-foot antenna.

_When federal agents raided free radio Santa Cruz in 2004, a crowd of several hundred protesters soon gathered at the 10-year-old broadcast center. The tires on the FCC agents’ cars were slashed before they could leave, and then they received parking tickets before they could repair them. A few days later a fundraiser brought in more than $25,000 and Freak Radio, which is still on the air, was launched.

The FCC’s beef, insisted spokesman David Fiske, is with neither the public dissent nor the abundance of Frank Zappa music. The problem is that pirate radio stations can make it impossible for the public to listen to licensed broadcasting and can cut into air traffic control communications, he said.

“We are completely complaint driven,” he said. “If there are more enforcement actions, that’s because there have been more complaints.”

The FCC’s 2007 budget includes an additional $1,080,000 for Mobile Digital Direction Finding Vehicles which can be used to sniff out pirate radio stations. But that same budget includes no extra staffing for the FCC’s 333-person enforcement bureau, which is tasked with policing everything from cable television to telephone services. They’re supposed to investigate obscene broadcasts, bust unwanted faxers and regulate the airwaves.

Pirate radio in its current form dates back 21 years to Zoom Black Magic Radio in Fresno, Calif., founded by Walter Dunn to bring diversity to the FM dial. The FCC raided his station and fined him $2,000 two years later, but like stations of today, he quickly popped up nearby.

At Dunifer’s Radio Camp, students are warned about the FCC and taught how to evade the enforcement agents. At the end of four intense days, they walked out holding their own, hand-built, ready-to-use FM radio transmitter, a shiny box slightly larger than a brick.

Participants came from as far away as Namibia and as nearby as five blocks away.

Their reasons for wanting their own station were equally diverse: a neat, middle-aged woman from Mexico, accompanied by a translator, said she wanted to bring news and political information to her community; two young men from Tucson in flowered shirts and sandals said they wanted to start a new pirate station to replace several that have been shut down by the FCC; a self-described “boring insurance clerk” in a lilac blazer was just “looking for something interesting to do”; a man with red dreadlocks, green earrings and tattooed arms was slated to take over the technology job at his local pirate station.

No one is sorrier to hear about these Radio Camp graduates than Dennis Wharton, spokesman for the National Association of Broadcasters, who described Dunifer as “the patron saint of pirate radio.” And he didn’t mean it as praise.

He said his members, frustrated by interference on their stations, push the FCC to enforce the rules against pirate operators.

“You’d be hard pressed to find a pirate radio station that isn’t interfering with another licensed station,” he said.

Wharton conceded that the FCC’s policing efforts can be futile.

“It’s like whack a mole,” he said. “You knock it out in one place and it pops up somewhere else.”

Reader's Comments
"Jake, I think you work for the f.c.c. your advice holds weight but its not in line with the "American Dream" I own a station and I only got it on the air by going "pirate" for the first 5 years we were on the air. Sometimes you gotta bend the rules to get ahead and you dont "narc' on anyone for doing the same. If you want on the air...DO IT!!! keep the anti-government rants to yourself though. The f.c.c. are the only ones we need to worry about, and davis thomas.... you are correct sir."
-> Posted by ALLNIGHT EDDIE / Dec 28, 2007
"death"
-> Posted by frank / Oct 17, 2007
"I think your pretty and would like more mixed songs and interviews thank you ."
-> Posted by Bret Fosenburg / Feb 09, 2007
"Please be good give them thier paprework after a interview schedule interviews and makesure you send them to the exchange hir good stock brocker for people interview specially capital workers and play all music."
-> Posted by Bret M, Fosenburg / Jan 29, 2007
"Good comments, but "Harold" nailed it. Study history and see an interesting statistic. Before consolidation the only pirates were kids on the air to play. Now, since only the rich and corporate can own stations, you find adults running pirate stations for means of diversity and even public necessity. IE: Lubavitcher station in Brooklyn, several senior citizen stations in retirement communities. Once the FCC rules are fair, to ALL, the pirates will disappear, as they have no reason to be on."
-> Posted by W. Wright / Sep 27, 2006
"The big broadcasters should leave the pirates alone & stop making false interference complaints just to get the pirate shut down."
-> Posted by Robert M. Bratcher Jr. / Sep 26, 2006
"Believe what you want, Jake. But see my comment below about correct motives. By injecting "anywhere you want" you have set up a straw man, not a legitimate argument. Of course it has to be done responsibly. And certain arguments against the FCC postion have merit."
-> Posted by smarter than LA / Sep 26, 2006
"Part 15 encompasses many devices to include the AM and FM broadcast band. It's true, so long as you don't modify the equipment to violate the Part 15 type acceptance you can basically transmit anything you want so long as it doesn't cause interference to existing licensed stations or violate the profanity rules."
-> Posted by Jake Blues / Sep 26, 2006
"As for the FCC being beholden to Broadcasters, that’s simply not true. Take a look at the fines being levied against violations to Part 11 (EAS) and Part 73 (broadcasting) rules and there are plenty at a much higher cost to the licensee. As enforcement goes, Aeronautical, Public Safety, life safety is the priority. Interference to ANY licensed station will be enforced, and then down the ladder, if you will, are unlicensed operations."
-> Posted by Jake Blues / Sep 26, 2006
"Free Speech has nothing to do with a right to violate CFR 47 Part 73 by broadcasting anywhere you want, that’s what you’d like to believe, it’s simply not true."
-> Posted by Jake Blues / Sep 26, 2006
"Congress passes TelCom96 making it impossible for the average citizen to own radio. Public airwaves? Congress cuts LPFM off at the knees. NAB fakes engineering data on interference. The winning licensee is the one who will pay the most for a license. Minorities/1st time owners can’t afford to participate. Sen. Boxer finds a hidden FCC report that says local is better than consolidation. Who hid this from the public? The problem is really not Dunifer as much as it’s the system."
-> Posted by Harold Richards / Sep 26, 2006
"Free speech is not a privilege but a right."
-> Posted by Hey! / Sep 26, 2006
"Too often the FCC is a puppet for the commercial broadcast interests. The broadcasters, of course, conjure up all sorts of boogeymen (interference, planes falling from the sky) to protect their interests and keep listeners locked into their offerings. Gotta keep that ad revenue rolling in!

FCC rules do allow unlicensed transmission, but at power too low to be meaningful -- 100 milliwatts max, limited antenna size."
-> Posted by jaundiced expert / Sep 26, 2006
"There must be some form of reasonable engineering to coordinating broadcast stations; the issue is spacing and coverage for transmitters. The rules need to be changed to accommodate close spacing of channels and channels set aside for low power, non-commercial stations."
-> Posted by Jake Blues / Sep 26, 2006
"The FCC rules are clear; those who operate an unlicensed broadcast station will be disqualified to obtain a license for a low power broadcast station. Remember that a license is not a right but a privilege."
-> Posted by Jake Blues / Sep 26, 2006
"I do believe the FCC should make a reasonable accommodation for law abiding citizens to attain an AM/FM broadcast license without having to be a millionaire or hire an Attorney."
-> Posted by Jake Blues / Sep 26, 2006
""FREE RADIO" is nothing more than code for Civil Disobedience radio or "Kill the Man" music. I have no problem with people expressing themselves but I’ve seen too many Pirate Stations used to incite protestors to disobey laws and create anarchy."
-> Posted by Jake Blues / Sep 26, 2006
"I once did a cable radio program with my commentaries that was apparently liked better than the "bluegrass music" show before it, but I can understand what the pirate radio people want because there were still things I wanted to share on my program that I couldn't do because even independent cable radio sponsors couldn't handle."
-> Posted by Michelle Kunert / Sep 26, 2006
"I think your very brave and support anything good for; me , money , and my country , and american citizenes."
-> Posted by Bret Fosenburg M,. / Sep 24, 2006
"It is OK to pick and choose the laws one follows, if it is done with correct motives. The civil rights pioneers did so, and fought bad law that way. The signers of the Declaration of Independence did so, and risked their lives with the British. The Nazi leadership did not do so, and the Nuremburg defense that they were only following orders did not work. In Berkelely, CA a judge refused to shut down one such station because the arguments against the FCC position had merit."
-> Posted by smarter than LA / Sep 21, 2006
"What is the difference in breaking this law as compared to any other law, is it OK just to pick and choose which law one follows or breaks?"
-> Posted by LA / Sep 21, 2006
"The assertion that pirate FM is a peril to aircraft sounds a bit wild eyed without details to back it up. Are there actual, recent case histories or is this some tired old story based on an anecdote from thirty or forty years ago?"
-> Posted by skeptical / Sep 21, 2006
"The reason there are pirates is because commercial radio is so dreadful. How many times can you hear SpringsteenMatthewsEagles before you revolt? The suits don't get it."
-> Posted by Davis Thomas / Sep 21, 2006
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