According to this post at the Free Radio Network, while 106.9 FM is closing down, Free Radio San Diego is coming back on the air in a "limited capacity." The station was shut down by an FCC raid back in July.
Here's a little round-up of pirate news from around the US and UK:
"The need to remain anonymous, due to the climate of violent repression of free speech in the United States, also keeps us from more common methods of fundraising like grant writing."106.9 received a warning letter from the FCC back in August and delcared their intent to defy.
Got an email today from Nyack NY's own pirate DJ Johnny Silver. He says Iron Action Radio is back up for nightly broadcasts, beginning tonight both at 102.5 FM in Nyack and on-line at Shoutcast. Johnny says the broadcasts will start along the lines of 7 or 8 PM Eastern time.
I can confirm that the Shoutcast stream is up -- I'm listening right now. Johnny's on mic discussing a weblog that mentioned him, and is exploring the guy's music and art that he's posted. Now he's segued into some classic hair metal: Kix's "Cold Blood."
Should be some interesting listening for anyone in Nyack or anyone on-line who wants to hear some actual pirate radio, rather than podcasts or other on-line shows that like to claim the mantle without any of the risk.
It seems like Iron Action Radio has been on and off all year long -- understandable, since it takes dedication to run a pirate radio station by yourself every night. We'll see how long Johnny can keep it up, and away from the FCC.
I was just purusing the FCC Enforcement Bureau's list of "Field Issued Citations, Notices of Apparent Liability and Notices of Violations," because that's one place to see if there's been any pirate radio activity noticed by the FCC. I came across a Notice of Apparent Liability from June for a hip-hop station operating out of Sacramento. The Notice mentions a sign on the door of the station with a website, which I decided to check out.
The site, apparently for a local entertainment magazine associated with the station, doesn't give much info. But a google search turned up an interesting website, Pirate Nation Radio (PNR), that features a sort of timeline of the station's operation.
PNR, authored by DJ Pirate Joe, also has plans for an Altoids tin transmitter, and a host of other plans for homebrew antennas and amplifiers.
What I enjoyed most on the site is an interview with Hiphop Captain Pirate Bly, who apparently operates an unmanned station utilizing an MP3 CD player:
# PNR: Where do you broadcast from ?Although it's a little less spontaneous than having a live broadcast, having a small self-contained transmitter packed with 13 hours of programming is certainly a simple and inexpensive method to broadcast with less risk of getting caught red-handed. If you're only going to do hit-and-run broadcasts--rather than 24/7--this is one way to go.
# CB: We're on the streets, keeping it real and trying new things. San Jo, Fremont, Rich town, ya' get the idea. Man, we don't stay with the equipment none, we're like that Ronco man "just set it and forget it" then we be gone.
# PNR: How is that possible ?
# CB: You need to meet the Hiphop Pirate Cube bro, a portable battery operated fm station.
# PNR: It looks like a bomb ?
# CB: NO BOMB but its tha bomb! Blowing up the airwaves with the hiphop that doesn't stop.
I'm just glad to see a new pirate radio site that offers some fresh thoughts and technical plans, in it's own unique way.
I just got an email from DJ Johnny Silver of Iron Action Radio. You may recall that I first posted about Nyack NY's radio pirate back in January, when he was publicizing two dramatized videos about himself and his station. He says he's finishing up the "3rd part in the series of films based on Iron Action radio and DJ Johnny Silver."
Johnny says that the third is ending up to be a big file, so I've recommended he use archive.org to distribute it, since it's free and they don't take away any of your rights.
According to his blog, Johnny saw a "suspicious looking vehicle stopping in front of the transmitter site, and continuously driving forward then backing up about 5 times" this past Friday. So he's considering moving the station to keep one step ahead, in case it was the FCC.
When I first learned about Johnny Silver and Iron Action, I wondered if he wasn't being a bit too public for his own good.
He responded on his blog, saying, "The goal here is not to be clandestine, and secret, but its to have the station be a focal point for the community of nyack [sic]." It seems like he's taking care to at least consider keeping the transmitter on the move.
Apparently, he's also broadcasting his nightly program on-line -- he says to "(do a search for "nyack pirate radio")" at shoutcast.com. I just tried and came up with nothing, but maybe I have to try again when his show starts -- around 9 PM EDT.
Just two weeks after Free Radio San Diego was busted, Jake alerts me that the FCC just sent a warning letter to the operators of 106.9 FM in San Diego, which rebroadcasts the internet station Radioactive San Diego, where Jake does his Lying Media Bastards program.
According to SD IMC, the letter delivered yesterday demands that the station shut down in 24 hours or face a $10,000 fine.
In response, the station volunteers pledge to shut down their 30 watt transmitter and replace it with 150 watts.
Looks like the FCC is in for a little game of cat and mouse in SD.
V-Man from Free Radio Santa Cruz interviewed Free Radio San Diego founder Bob Ugly today. There aren't too many other details about the raid, since nobody was at the station. But it's interesting to hear Bob's reaction -- he says they were pretty much expecting the raid, though we don't know if there was any specific knowledge, or if they just figured it was bound to happen.
Bob strikes a defiant, but realistic tone, pledging to put the station back on the air, perhaps with different tactics, figuring that losing $3000 worth of equipment every three years is a low cost of doing business.
He also says that he doesn't favor a court challenge against the FCC. Though he intends to do some research on the matter, he doesn't think there has been any real success in challenging the Commission in the courts, especially since you're taking on the government within its own system.
That seems pretty reasonable to me, though I'd be cautious about how the station goes back on the air. The station volunteers--thus far--have been lucky that none of them have been named as liable for a fine or other legal action. The FCC might take that step on the next go around.
I'll play excerpts from the interview on tomorrow's mediageek radioshow, heard at 5:30 on WEFT here in Champaign-Urbana, IL, and afterwards on other stations and online.
And so another high-profile pirate meets the FCC, along with federal marshals. According to Free Radio San Diego's website and a post to SD-IMC, the station was raided this morning. Details are few at the moment, but nobody was at the station at the time, and apparently the feds "broke the locks on their doors, entered by force" and then seized all the broadcast equipment, leaving behind a warrant.
Main pirate Bob Ugly writes that "we have absolutely no plans to pack up and go home," and promises to have an update on future plans posted by 9 PM PDT tomorrow, after a station staff meeting.
This is the second high-profile bust in the last two months -- the first being radio free brattleboro in June.
When John at DIYmedia.net gets back online I hope he'll be able to bring some perspective to the case and the apparent pirate crackdown.
If it's true that the Florida pirate bust that I posted about a little while ago is really the first arrest under the new Florida law, then it would seem that the law isn't having quite the intended effect. Although, according to a RadioWorld report a non-commercial station manager in Boynton Beach says that
"The pirate problem is not as egregious as it was prior to the state law being passed[.]" ... "I know firsthand the Broward County Sheriff's Department has shut down several illegal operations. It's making a difference. However, we just reported another pirate to local police in early June."
But, apparently, the Sun-Sentinel doesn't know about those Broward County shutdowns.
The report also notes that a company set up to help licensed stations hunt down pirates hasn't been getting much business. But the vice-president of the company attributes the lack of demand to stations not having the cash to spend rather there being a lack of pirates to hunt.
Still, the FCC claims to have shut down a dozen pirates so far this year, which, if true, would be more than in any other state.
But tracking unlicensed radio activity is a notoriously imprecise endeavor, since a very large percentage of broadcasters keep things on the down low. Florida is also a famous hot-spot of pirate activity, and so it's very likely that a single frequency may be used by an assortment of stations at different times--or, unfortunately, sometimes simultaneously.
I wouldn't doubt that the new Florida law has had some deterrent effect, though I also wouldn't doubt that a lot of current or would-be Florida pirates aren't even aware that a state law is on the books. The usefulness of the law also begs the question of whether or not Florida law enforcement has the spare time and resources to worry about pirates in the first place.
Right now, I'm just waiting for pirate radio to show up on CSI: Miami.
According to the Sun-Sentinel, agents with the Florida Department of Law Enforcement arrested two men for running two unlicensed radio stations in Ft. Lauderdale. They are charged with state felonies, based on Florida's anti-pirate-radio law passed last year. Florida is the first and only state with such a law on the books. And by all accounts this is the first time the law has been used to arrest radio pirates.
The bust was prompted by complaints of interference from a licensed high school station operating at 88.5 FM, just one spot away on the dial from one of the pirate stations, which operated at 88.7 FM.
The pirates were running an uncensored urban format, which apparently also brought on lots of complaints from listeners who thought they were listening to the high school station.
Now, I do have to admit that running a pirate station just one channel away from a licensed station is stupid and irresponsible, since it is almost impossible not to cause interference.
The Sun-Sentinal article doesn't say anything about how much power the pirates were running, but a video from WB39 news linked to the story has one of the Florida agents inventorying a 10,000 watt transmitter.
I find 10 kilowatts almost unbelievable, although possible. And if these guy really were running 10k just one adjacent away from a licensed station, then they really were cruising for a bruising -- though I don't agree with locking them up.
The Sun-Sentinel article tangentially mentions the possibility of the pirates mucking with public safety, with a spokesperson for the Florida Dept. of Law Enforcement claiming that the pirates would "drown out emergency broadcasts such as weather and Amber alerts." Nevermind that you could tune to any other station on the dial for that info.
The WB39 piece takes the threat to public safety hysteria much further, noting the stations' proximity to a local airport and saying that the stations could have interfered with aircraft communications.
This line of scare tacitcs is trotted out every time there's enforcement against an unlicensed station, and yet there are no confirmed or proven instances of a pirate actually causing interference. It's all just FUD designed to make the public scared of pirates -- if you can't get them upset about "chaos" on the airwaves, then maybe you can convince them that airplanes will fall out of the sky.
Nevertheless, if the information reported about their stations is true, these two guys in Ft. Lauderdale were not running a smart operation. Anyone thinking about running an unlicensed station can learn a thing or two from their counterexample.
Pick a good frequency at least two channels away from another station. Run a clean signal with limiting to keep your rig from overmodulating. Run only as much power as you really need to. And maybe keep the swearing limited to evening hours.
There are no guarantees, but like other mildly-illegal practices such as speeding on the highway or smoking pot, there are things you can do that can greatly increase or decrease your chances of getting busted.
Wednesday's FCC raid of rfb doesn't seemed to have affected the positive support for the station in the city of Brattleboro. The local paper chimes in with cautious support for the station, without necessarily endorsing unlicensed broadcasting as a whole, nor letting the FCC off the hook:
Granted, the station operated outside the law. Simply put, rfb didn't have an FCC license. And that's illegal. But so are some sit-ins and certain acts of civil disobedience, and many of those led to landmark changes in faulty laws and the way government does business. ...We don't advocate every fellow with a microphone and an antenna challenge authorities on the airwaves or flout the law, but rfb's point has been a valid one: The FCC had no licensing provisions, and therefore rendered it illegal, for a low-power FM radio station even if the community wanted it. ...
We suspect it cost the monolithic FCC far more money and time to fight this puny, 10-watt radio station than it was worth. It would have been far more cost-effective if the FCC had provisions in place for a low-power FM license in 1998. But that's progress for you...
Of course I do advocate that "every fellow with a microphone and an antenna" get out there and broadcast. Albeit, responsibly, without interfering with other stations nor causing interference on adjacent electronic devices like phones, TVs and stereos.
At the level of 10 watts that can be done, and done easily with a little thought and preparation. If only the likes of Clear Channel extended as much consideration for local communities and neighbors as most unlicensed stations do.
According to today's Brattleboro Reformer, free radio brattleboro's lawyer, James Maxwell plans to file a motion for the FCC to be held in contempt of court for Wednesday's raid on the station.
The article only hints around what justifies contempt in this case. I figure the reasoning will hinge on the fact that the FCC's request for an injunction that would have taken frb off the air was denied. And it was on that basis and the assurance of the FCC to the court that a confiscation was not planned that rfb withdrew its request for an injunction against FCC action.
rfb's challenge to the FCC is at the Brattleboro federal court, and the FCC and the US Atty pulled a fast one by going to the Burlington federal court for the search warrant. But if rfb had been granted an injunction, the Feds would have been barred from acting without trying to take it to the Court of Appeals.
It's always interesting when two district courts are set at odds with one another, especially since the FCC was dragging its feet with regard to answering questions posed by the Brattleboro court. I will be curious to see what reaction the Brattleboro court has to the raid, and FCC's request for summary judgement, filed last month.
It may be that this is yet destined for the Court of Appeals.
And on top of the contempt request, Maxwell is also seeking the return of rfb's equipment.
An article in today's Brattleboro Reformer repeats most of the details contained in the station's press release, but also has an eyewitness account of when the FCC and Federal Marshals hit the station early in the morning when it wasn't staffed:
Brooks House resident Joe Dever noticed something going on in rfb's rented space Wednesday. He asked an official at the scene what was going on, but the official told him he couldn't comment.The presence of Brattleboro police is interesting, since the community and town council have given the station such resounding support. Note that the chief distances his force from the raid itself.When he figured out what was happening, Dever said, he ran back to his apartment and grabbed his camera. The pictures he shot show U.S. Marshals, FCC agents and members of the Brattleboro Police Department.
"The minute they saw that camera, they turned their heads," said Dever, who has been rfb's neighbor for four years.
Brattleboro Police Chief John Martin said the only thing his officers did was stand by in case an incident occurred. They weren't involved in the search warrant.
"The main thing for us is if there's something going on in our town, we want to make sure there are no problems," Martin said.
When San Francisco Liberation Radio was busted in 2003 the SF police participated in the raid, even though the city council had requested that,
state and local law enforcement officials to refrain from involvement in activities that prevent San Francisco Liberation Radio 93.7 FM and other diverse local media from providing healthy democratic local media in the San Francisco Bay Area.
Other coverage:
I didn't see this coming, since, as John pointed out, Radio Free Brattleboro's case with the FCC is still pending in court, and the Feds only recently asked for a summary judgement. In fact, last year, the judge in the case ruled against the FCC's request for an injunction to shut down the station while the case was pending.
Nevertheless, the station has been shut down:
At 6:58 this morning, June 22, 2005, armed with a warrant issued by a Burlington magistrate, United States Marshals entered the studios of radio free brattleboro and seized its broadcasting equipment. The seizure of equipment and shutdown of rfb’s local broadcasts under authority of a warrant issued in Burlington comes while an action is still pending before Judge J. Garvan Murtha in the federal court in Brattleboro.
Click through to read the rest of RFB's press release:
In March of 2004 radio free brattleboro filed for an injunction in the District Court in Brattleboro, asking the Court to prohibit the FCC from seizing equipment. The United States District Attorney, representing the FCC, filed a reciprocal action for injunction to shut down the radio station. These dueling actions were finally whittled down to one action and the rfb request for injunction was dropped, due to the following statement in a filing made by the United States:
In its suit, rfb seeks to enjoin the FCC from seizing its equipment or from stopping it from broadcasting without a hearing. Because neither of these eventualities are threatened, the suit is essentially moot. The FCC has chosen not to try to seize the equipment of rfb but to proceed by way of a preliminary injunction. Thus, there is no controversy about imminent seizure of equipment for this Court to remedy or enjoin. Moreover, since rfb is receiving a hearing on March 15 [2004], it will not be stopped from broadcasting without a hearing. Thus, the matters that it asks to be remedied do not need a remedy.
This constituted the Government’s assurance that it contemplated no seizure of rfb’s equipment and rfb did drop its own action for an injunction.
In April of 2005, with matters still pending in the U.S. District Court in Brattleboro, rfb received a letter from the U.S. Attorney’s office in Burlington stating that the FCC was “prepared to pursue other law enforcement remedies . . . .” Rfb was puzzled by this new threat, as it had dropped its original action for an injunction because of the Government’s assurance that the regular court process in Brattleboro would be the venue for the dispute. Accordingly, rfb replied to the U.S. Attorney’s office stating:
The radio station has continued operating because the FCC’s complaint to the court has yet to receive a ruling either on the preliminary or permanent injunctions you [FCC] seek. Your review of the file doubtless informs you that rfb originally applied for an injunction to bar the FCC from exactly the action you now contemplate, under 47 U.S.C. § 510. The station voluntarily agreed to a dismissal of its complaint for injunction because of the pending injunction petition put in by the FCC. In the given posture, I do not believe this district court or any appeals court will say that rfb was obliged to shut down: shut-down is precisely the question for which we await the judge’s answer. Your threatened action is, therefore, an end run, is it not?
On May 3, 2005, the Government filed for summary judgment in the case pending in Brattleboro. Radio free brattleboro responded to that motion and therefore the FCC’s case asking for an injunction to shut down rfb remains, today, in the hands of Judge Murtha in Brattleboro.
Radio free brattleboro’s attorney, James Maxwell, commented: “This is on one level no surprise. The FCC has run out of patience with the regular court process in Brattleboro and has gone elsewhere for the relief it seeks, namely, a chance to get the U.S. Marshals into the station to grab the equipment. Radio free brattleboro has a case with substantial and legitimate legal issues pending in the federal court here in Brattleboro, and the station has also applied to the FCC for a waiver to broadcast, and it has repeatedly stated that when the newly licensed 100-watt station is up and running it would step aside. Rfb does not operate in defiance of government but rather from the belief of its members and listeners that community radio is essential to good government and democratic process. Radio free brattleboro has always stressed to the public and to the FCC that it will adhere to FCC guidelines and will serve the public whether licensed or not. Nevertheless, it is very much a surprise that the FCC has done an end run around the court here in Brattleboro and obtained a warrant from Burlington—even while diverting our attention by applying for summary judgment here. It has undertaken these clever maneuvers, in my opinion, not because it must shut down the station but because it can shut down the station. For there is no harm whatsoever being done by rfb, while there surely is harm being done to a civil society by the broadcast and cable and satellite conglomerates whose idea of serving the public is to process entertainment, information and advertisements for mass consumption, which is to say for no one at all. It’s a sad and disappointing day, but of course we will explore our options.”
rfb@sover.net
Following up on a post last week about the possible eviction of Mexico City free radio station, Radio Zapote, from the School of Anthropology and History: Global Indymedia has a feature on the situation, along with photos and audio interviews in Spanish, with a summary in English.
Now it seems there are conflicted opinions at the University and the station may not be evicted afterall:
In an interview the Director told us, "There is no indication of eviction. There is the indication to analyze the situation, and if there is a better space to offer [Radio Zapote], we will give them this better space and offer the space [of Radio Zapote] to other groups. No decision has been taken. We are seeking better alternatives."That's good news for Radio Zapote, however I think it's wise for them to be prepared and alert. We might recall that the licensed shortwave Radio for Peace International was evicted from the Univeristy for Peace in Costa Rica back in 2003.
Universities are instruments of the state, by and large, even if they are kinder and gentler than most such instruments. Their institutional interests are political and economic, and while they will protect speech and intellectual inquiry more than most institutions, do not expect them to do so when threatened or offered incentive to renege on protections.
The Boston Phoenix features a an overview of some low-power stations, licensed and unlicensed, that have operated in New England over the last ten years or so, including Radio Free Brattleboro and the recently departed Allston-Brighton Free Radio.
Volunteers from RFB were on the radioshow back in Oct. 2003 and Jan. 2004 when they started building strong community support and facing heat from the FCC.
The Phoenix article even includes links to the 'geek, DIYmedia and the site for Michael Lahey's documentary Making Waves (an interview with Michael can be heard on the Nov. 12, 2004 radioshow).
Moving our focus to Mexico, Jacobito posts about his visit to unlicensed Radio Zapote in Mexico City:
Radio Zapote is a pirate radio station broadcasting out of ENAH, the School of Anthropology and History. This station started when the Zapatista Caravan came into Mexico City to confront Presidente Fox and the Mexican civil society about the situation in Chiapas. Well, where did the thousands of Zapatistas and companeros stay when they got to Mexico City? At ENAH! So students and community members started Radio Zapote in solidarity with them. After the caravan left, they thought to themselves, "Hey, let's keep this station going!" And so, they've been broadcasting for over 3 years now inside the school, on 94.1fm and the internet.
Unfortunately the station is facing eviction from the university administration.
The last two mediageek radio shows are both on-line and definitely worth a listen if you've been following the FM translator trafficking scandal, or interested in free radio and TV.
In a brief music news piece, the Boulder Daily Camera reports (bugmenot passwd) that 400 hours of shows and "Live at Studio Free" sessions from the departed Boulder Free Radio are going to a new online stations called The Boulder Sound. The article lists the webstream address as http://stream.thebouldersound.com:8501/listen.pls but I got nothing there. The main website just gives the message "coming soon."
The article also notes that Monk, the station's progenitor, is giving away the station's equipment to "worthy causes," and that the station's mobile-unit van has been impounded for unpaid parking tickets.
I'm glad that somebody had the forethought to record some of the station's programs. Radio, especially the last remaining outposts of freeform and locally-produced noncommercial radio, is an ephemeral medium. Many moments of brilliance (and stupidity and mundanity) are lost to the aether and noted only by those who happened to be tuned in. Since pirate radio is the most underground, too many of the moments go noticed by too few.
Thus, recordings of pirate stations are valuable both as historical artifacts and for their own sake and enjoyment.
It would be very cool if some of those recordings could be made available for download, as well. Radio Indymedia and Radio4All offer lots of archive space which many unlicensed stations already take advantage of.
The exchange of programs between pirate stations helps make the movement more coherent, while celebrating its diversity and without forcing the overhead of having formal orgnanizations and federations. Why not be able to turn on the radio in Chicago and hear the sounds of pirate radio from Santa Cruz?
I realize that mainstream commercial broadcast radio is so horrifically homogenized, payola-ridden and unlistenable that any alternative seems underground by comparison. But, please, can we stop comparing 'net based audio to pirate radio?
An article on podcasting from the Mercury News is being syndicated all over the place, and like so much other press covering 'net audio, it makes a direct correlation between podcasting and pirate broadcasting:
[A particular podcast show is] among a growing number of "podcasts," a new online outlet for amateur broadcasters to run their own pirate radio stations [emphasis added]. No government approval required.And just because something doesn't require "government approval" or a license, doesn't mean it's pirate, either. Have we gone so far down the government-corporate-totalitarian path that we now believe anything that isn't officially sanctioned by a government or corporation must somehow be really underground and pirate?
I'm not usually a stickler for terms, definitions and semantics. I often find that arguments over terms stand in place of arguments over ideas and action. It's easier to sit on your ass and argue about the real meaning of "micropower broadcasting" than to actually get off your ass and broadcast or do something else meaningful.
Nevertheless, language is powerful and words are one of our primary means of expression. And when a term is overused or has it's meaning stretched too far, it ceases to have a useful meaning. But beyond mere language, that word perversion also threatens to rob the actual thing itself of its meaning.
Pirate radio is broadcasting on the public airwaves without government sanction or license, period. Although pirates differ in ideology and purpose, they nearly all agree that that the ability to broadcast should not be restricted by the government in the way it is now.
Pirate radio is a method of direct action. Pirate radio is an act of resistance. Pirate radio is conducted in direct contravention to existing laws, policies and corporate will.
Podcasting is none of these things inherently.
A particular podcast may have strong words, may contain expression that challenges the status quo and all forms of repression. But the podcast itself is not direct action--it exists in opposition to no laws or policies, it is not illegal.
Podcasts might be cool (hey, I've got one), but they are not pirate radio.
According to a post on DC Indymedia, pirate station WSQT was visited by persons identifying themselves as agents of the "Bureau," leading station operators to believe they were with the FBI.
I've posted twice about DJ Johnny Silver, who is operating unlicensed Iron Action Radio in Nyack, NY, and recently received some publicity in his local newspaper. In my posts I expressed concern about unlicensed operators pursuing widepublicity, given that it increases the risk of a bust.
Silver read my posts and sent me a thoughtful e-mail. He also posted a response to his blog, saying:
well I can tell you tonight I thought a lot about the purpose of this station and the risks I am taking, is it worth the fight, Yes..The goal here is not to be clandestine, and secret, but its to have the station be a focal point for the community of nyack, something this community does not have or will not have, based on the FCC frequency regulations.Without being in Nyack to hear the station, it's hard to tell exactly what's up, but it seems like Iron Action has taken on more DJs. Silver also told me that he's used wireless to separate his studio and transmitter, which is a very smart move.
I want to be clear that I'm not criticizing Iron Action Radio or Johnny Silver. I think it's great if the station can become a valuable community resource, and it's laudable to attempt to create such a resource.
Simply, I hate to see an unlicensed broadcaster take any unnecessary risks. In the recent past, when the FCC does strike, it has been striking hard. Even a very strategic operation that eluded the FCC for five years can still get busted, as happened to Boulder Free Radio a couple weeks ago. Unfortunately, it looks like KBFR and Monk may be in for a big fight with the FCC.
As I said before, if you're going to broadcast a pirate station out in the open, then community support is your best protection. It still won't stop the FCC from busting you. But it raises the stakes and forces the Commission into looking like the bad guys beating up on the little guy who just wants to bring something better to his community's airwaves.
Last week I posted about DJ Johnny Silver and his Iron Action Radio, about which two highly dramatized short films have been made and posted to the web.
His public visibility in home town Nyack, NY has gone up a notch with a local newspaper profile of the man and his station. Frankly, it makes me a little uncomfortable to read all of the clearly identifying details about the man, the station and his cohorts, even naming his fiancee. It is a pretty compelling read, but it also threatens to leave a trail of breadcrumbs right to the station for the FCC to follow.
But Silver seems to exude a somewhat unrealistic air of confidence over his chances of getting busted:
But ask Silver, a self-employed day trader who grew up in Congers, if he fears getting that dreaded knock on his door, and he momentarily turns serious and raps about the First Amendment.While I don't want to discourage anyone from putting on their own micropower station, I think it's wise to be strategic, as I noted in my first post about Silver."I don't want to say I look forward to the challenge, but I do," he says. "I want to see how long I can stay on the air. The issue won't come to light until they crack down on something the people like."
Silver adds the FCC appears to be focusing on leveling obscenity charges on larger, legal radio stations around the country, most notoriously that of syndicated shock jock Howard Stern.
As John Anderson has pointed out, no unlicensed broadcaster has yet been successful in challenging the FCC in the courts using a First Amendment argument. This goes even for Free Radio Berkeley, which led a well-organized and planned legal challenge with the help of the National Lawyers Guild.
Posing for a head-on confrontation with the FCC is something that should not be done lightly, unless you're prepared for the fight and the possible outcomes. Other stations have certainly done this, and in the case of stations like Freak Radio Santa Cruz, ended up winning even greater community support in the process. But that support was earned through almost 10 years of true community-oriented broadcasting.
Compared to other illegal activities, I contend that pirate radio is actually pretty low risk. I wouldn't put it quite on par with speeding--the fines for pirates are much higher when they get levied. But there aren't armies of FCC agents roaming the city streets looking for unlicensed broadcasters, either.
Stations have operated for years without apparent detection or action. One such station is Radio Limbo in Tuscon, AZ. Even after being named Tuscon's Best Pirate Radio in 1997 by the local weekly and being profiled in the Michael Lahey's documentary "Making Waves," the station still broadcasts now. But I also understand that the station keeps things relatively quiet, only runs 6 PM to 2 AM, and keeps the transmitter and studios separated.
Of course, if it wanted to dedicate the resources, the FCC could probably investigate a station like Limbo and make a bust. But that would require the station coming up to the top of the Commission's priority list. And while that may happen any time, making your station well publicized in the mainstream media and issuing challenges to the FCC are definitely ways to up your chances of making it to priority #1.
As of yet I have scant details, but according to a post on the blog run by KBFR's founder, Monk, the station was shut down by the FCC on the 11th:
The station was shut down, again, yesterday in the late afternoon. One year, to the day (Jan 11th) from the last FCC visit.At the KBFR website, there is only a black backgournd with the message: "KBFR: RIP."Apparently the host (who was understandly upset at FCC agents at the front door) didn't get any kind of written warning. First time. This feels somehow different than other FCC visits.
The station is well known for running a good cat-and-mouse game with the FCC, using wireless networking and other strategies to separate the studio from the transmitter. However, the blog post from Monk gives the impression that the FCC visited the studio and that the transmitter may have been located there.
As of yet I don't find anything on the bust in the FCC database. Of course, I'll post new info as I find it.
I was reading the alt.radio.pirate newsgroup when I came across a post from DJ Johnny Silver, who is aparently the man behind Iron Action Radio in Nyack, NY. The post is promoting the "second film about the Infamous DJ Johnny Silver," which "is based on when the FCC came knocking at the door to shut the station down" around six years ago.
So, I went to the website, Primitive Man Hand, and watched the 12 minute video entitled, "The Chase."
It's a pretty well done amateur video, with good quality shooting and sound. But if it's based on when the FCC busted Johnny Silver's station, it must be loosely based. The bulk of the film is an extended chase sequence, wherein an FCC agent busts into Silver's apartment, chases him out of the window, through a farmer's market, onto skateboards, and eventually onto a dock where they have a martial arts battle.
Generally, FCC agents aren't so well trained in combat techniques, nor are they permitted to bust into private residences without a warrant and actual cops doing the dirty work.
But what's even more interesting is that DJ Johnny Silver apparently has started broadcasting again, though no longer from his kitchen as when he was busted. He has the story of the first station and its bust posted on the station's blog.
According to the most recent blog post, Johnny Silver did an interview with the local Nyack newspaper for an article that he expected to be published on Sunday.
My only advice to DJ Johnny Silver is that he'd better be careful, since if indeed he is the same guy who pirated in Nyack back in 1996 and he is now broadcasting again, he's giving the FCC a big head's up as to who to look for and where to find him.
Also, I'd be concerned about the short films -- I hope the person portraying DJ Johnny Silver is not the actual DJ Johnny Silver. If you're trying to stay clandestine, it's best not to give the feds a picture to go by, either.
Of course the question of publicity is always one that nags at any unlicensed radio broadcaster. If you want to avoid detection and a bust, you'd wisely limit your publicity, but then you also make it more difficult for listeners to find you. On the other hand, more publicity means increasing the risk of a bust.
For a lot of unlicensed broadcasters, they choose their level of risk based up their goals. Are they hoping to create a community radio station as an act of community empowerment or civil disobedience. Then perhaps being out in the open and risking FCC attention is worth it for the sake of providing an accessible community resource. That's the calculus used by stations like Radio Free Brattleboro.
But a broadcaster may be more interested in putting some challenging information and culture out on the air, maybe not even 24/7, than creating a community station. In this case, being more clandestine, and limiting publicity, may be a good approach. This can be an especially useful method for providing event-based broadcasts, like during major protest actions. But it's also fine to do a good, tight, well-produced weekly broadcast.
Personally, I think both approaches are valid, yet I think it's important to make the choice thoughfully.
And if you want to be a little more well known, but also avoid getting busted, then I recommend looking to Boulder Free Radio for inspiration. They've used wi-fi technology to help separte their studio from the transmitter, and station founder Monk blogs about many of his techniques and thoughts.
On Dec. 10 folk troubador Utah Philips performed a benefit concert for Free Radio Santa Cruz. The Bay Area Metroactive published a nice story on Philips and his support for the station.
You can see pictures from the event at Santa Cruz IMC.