FCC Steps Up Pressure on Boulder Pirates

A short blog post from Monk, formerly the brains behind the first iteration of Boulder Free Radio KBFR, reports that two separate unlicensed stations in Boulder, CO were recently “shut down” by the FCC. A new KBFR with new a new crew behind it has been operating in Boulder since sometime last year. Monk has no other details on these recent shut downs.

So I set about investigating what might be going on, since Boulder has been the site of free radio innovation for quite some time. I’ve not been able to find any news reports on any bust, but a check of the FCC’s most recent enforcement actions turns up four virtually identical Notices of Unlicensed Operation (NOUO) dated May 8. Three were issued to individuals and one was issued simply to “Boulder Free Radio, Boulder, CO.” There’s no indication in the NOUOs that the FCC talked to anyone associated with the station or gained access to a transmitter. Unusually, there aren’t even any street addresses listed. Likely this means that agents didn’t mail the notices, but left them at the door.

This evening I received email confirmation from Boulder Free Radio that there was another FCC visit to a transmitter location last Friday, May 29, and that they’re off the air. They’re planning to stay off the air for the time being while they assess the situation. However, their web radio stream continues to broadcast (on the internet only, of course).

The current KBFR is operating according to a similar gameplan as the original station, using the tactic of separating the studio and transmitter using an internet audio stream as the studio-to-transmitter-link (STL). If the transmitter is visited they pack up shop there and move to a new location without the studio or the on-air talent being affected. This method ostensibly allows the station to have a sizable staff of DJs without having to divulge to them the location of the transmitter, or expose the DJs to liability for the unlicensed broadcast.

Indeed, with this method there really isn’t any need for the persons behind the web stream to even know the persons operating the transmitters. This method also has been employed during large protest actions, where a live webstream will originate from a convergence center or Independent Media Center which is then rebroadcast for the duration of the protest by anonymous, unrelated pirates.

Monk and the original KBFR were able to keep up this tactic for nearly five years of cat and mouse games with the unusually aggressive Denver FCC office. He finally called it a day in January, 2005. According to Monk, the FCC agent on their case

bordered on (and in talking to lawyers we know, actually crossed the line) illegal activity. He harassed private citizens at their work place (accusing them, to their bosses, of ‘breaking the law on company time’) and the aforementioned roommate of the original Monk from Five Years Ago. We’ve since learned that this ex-roomie of the original Monk actually had to hire a lawyer to protect himself from having just been the roommate of one of us. And HALF a DECADE ago. …

The reason we shut down is our fear of innocents getting blamed for things they didn’t do…

Who knows if the FCC will be that aggressive with the new KBFR, especially given that the FCC agent in question supposedly retired four years ago.

As for the second station Monk reports being shut down: I’ve found no other recent actions against unlicensed stations in Boulder in the FCC’s enforcement action list. However I have heard that another station, unrelated to Boulder Free Radio, was operating.

mediatwit

I realize not everyone reads the blog from the webpage itself — some read by RSS readers. So you might have missed my Twitter feed over on the right sidebar. I started using the micro-blogging Twitter app about eight months ago, and integrated it into the site some time in the fall. I like Twitter because it’s an easy way to publish quick thoughts or links–tweets are limited to 140 characters–without having to go through the full WordPress blog interface. On top of that, there’s a critical mass of users making it good way to network and pick up some good info.

But this post isn’t just about my Twitter usage (which would make for a lame post), but rather two interesting mediageek-like uses I’ve seen.

Ragnar is the producer of the Pirates’ Week podcast, covering pirate radio–primarily shortwave–for more than three years (listen to an interview with Ragnar on the radioshow). An avid shortwave listener, Ragnar has now been posting his reception reports of pirate stations to his Twitter feed. This is a perfect use of Twitter because Ragnar posts while the station is broadcasting, along with its frequency. Pirate shortwave stations are all hit-and-run affairs. They don’t broadcast 24/7, but rather for a half-hour or hour at a time, especially when shortwave propagation conditions are good (they change with the seasons, time of day and atmospheric conditions). So listening to pirate shortwave stations is always a bit of hunt. While the chase is part of the fun, it’s still nice to have someone give you hand by letting you know when he’s found a station.

To some extent Twitter is even more up-to-the-minute than blogs, since the tweets are short and easy to post quickly, making it an ideal platform to broadcast breaking info. You can also configure Twitter to text message your phone with tweets–you can choose whose tweets do that. If you’re a hardcore pirate listener, then this might be a way to stay on top of things without being on the computer.

Boulder Free Radio is an unlicensed FM radio station that recently returned to the air in that Colorado city with a new crew, resurrecting the name and spirit of a former station that called it quits in 2005. The KBFR crew is also using Twitter to post programming info, events, and other stuff of interest to listeners.

My understanding is that the station is broadcasting nightly, with longer broadcasts on the weekends. To the best of my knowledge the station doesn’t currently maintain a website. So using a Twitter feed is a good way to keep listeners informed of when broadcasts and other events may be happening. Of course, publicity is always a risk for a pirate station, since you also possibly publicize to the FCC. But the more instantaneous nature of Twitter means that you don’t have to give much advance notice. This is an advantage when dealing with the FCC, which isn’t necessarily well suited to running out to bust pirate broadcasters like cops answering a 911 call.

Announcing broadcasts via Twitter would be especially useful for hit-and-run stations that attempt to minimize detection by the authorities by maintaining a less predictable schedule.

Twitter is also designed for two-way communication. Anyone with a free Twitter account can send public or private messages to another Twitter user as easily as posting a tweet. This could be a good way to take requests, reception reports and listener feedback without using the phone or email.

If any readers know of some interesting or innovative use of Twitter by other indy media makers — pirate or otherwise — I’d be curious to hear about them.