Radio Survivor

Jose Fritz of the great Arcane Radio Trivia has been traveling around and writing about what he hears on different regional radio dials. He just posted from the Seattle-Tacoma area and it’s interesting that he picks up a very diverse set of noncommercial stations featuring indie rock, NPR news, jazz and even dance music. He also picks up a couple of pirate stations in Seattle, including “The Whore” 101.9 broadcasting from the Capitol Hill neighborhood since 2008.

I have to admit that I didn’t get much of a chance to scan the radio dial the last two times I was in Seattle in 2006 and 2009. However when I first visited in 2002 there was certainly a vibrant pirate scene. During my time there for the first Reclaim the Media conference there was also a parallel convergence of unlicensed broadcasters who comprised a “mosquito fleet” of stations taking over empty spots on the Seattle dial, providing some airwaves resistance to the NAB Radio Show happening at the same time. Though pirate stations have come and gone in Seattle, there always seems to be at least one or two on the air at any given time. The hilly landscape provides many easy opportunities to get an antenna up high without having to construct much of a tower.

In any event, radio enthusiast’s visiting Seattle, Tacoma and Olympia should bring along a receiver and do a band scan for stations that will be more interesting than most cities.

Pirate radio has been a favorite topic of mine since I first built a little AM transmitter from a Radio Shack kit as a kid. In the mid-90s, just as the microradio movement started to take off with inspiration from Human Rights Radio’s Mbanna Kanatko and Free Radio Berkeley’s Stephen Dunifer, I started to follow unlicensed radio more closely, and have ever since.

In these nearly fifteen years of study I’ve become very used to the typical misconceptions that turn up both in the press and among pirates themselves. They range from the myth that pirate stations interfere irreparably with airplane to communications to the ill-founded belief that the so-called “emergency authorization” clause in federal regulations can be used to defend unlicensed broadcasting.

One of the most pernicious misconceptions turned up in a recent interview with John Miller of FCC Free Radio right here at RadioSurvivor. In explaining the various reasons why he decided to end unlicensed broadcasting in favor of being online, Miller told Jennifer Waits, that “Unfortunately people [pirate broadcasters] go to jail now.”

To be fair, Miller is not entirely mistaken with this assertion. Currently there are two states, New Jersey and Florida, with laws on the books that make unlicensed broadcasting a state crime. In New Jersey its a fourth-degree felony, punishable with a fine of up to $10,000 and eighteen months in prison. Florida’s law is harsher, with a maximum penalty of 5 years in the pokey. But these are the only states with such laws in the US. In California, where FCC Free is located, there are no anti-piracy laws, state and local cops have nothing to do with pirates and nobody is going to jail.

John Anderson at DIYRadio.net studied FCC enforcement actions for his Master’s thesis, and recently took up this misconeption and laid it to rest quite succinctly:

Mythbusting time: The FCC cannot arrest people and send them to jail. FCC field agents are government inspectors, not licensed law enforcement officials. In fact, when they do have to call in “the law,” it’s typically either Federal Marshals (see Freak Radio Santa Cruz) or the local po-po (see San Francisco Liberation Radio).

In both cases, the “arrest warrant” was for the equipment conducting the unlicensed broadcasting, not for actual people. And when the FCC does go after individual people, it does so typically by seeking a monetary forfeiture; sending folks to prison for pirate radio is messy, arduous, and not typically worth the effort. Even then, such fines are a bitch to collect.

Even among the two states where unlicensed broadcasting is against state law arrests only are really happening in Florida. I can find no reports of anyone in New Jersey having even been arrested, never mind going to jail. Out of the entire country Florida is a special case to begin with, serving as home to a proliferation of unlicensed stations unseen anywhere else in the US. But, again, while there have been reports of arrests in Florida–such as this recent bust in Fort Myers–I’m unable to turn up any good reports on convictions and jail time.

Therefore, for all intents and purposes, there are only two states in the US where a pirate broadcaster seriously risks jail time, and only one where there is a record of arrests. In the forty-eight other states, jail time is so remote so as to be not a risk at all.
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Lately there’s been a lot of buzz about the comings and goings of pirate radio stations, especially in the San Francisco Bay Area.

New station Radio Valencia is about to begin broadcasting any day now in San Francisco and pirate radio stalwart Freak Radio Santa Cruz is continuing in its mission, while looking for a new transmitter site.

On the flip side, San Francisco’s Pirate Cat Radio is sticking to the Internet, after getting fined by the FCC in 2009, while its owner is overseeing the day-to-day operations of a licensed FM community radio station an hour away from the city in rural Pescadero.

Like their rebel radio compadres in the Bay Area, FCCFREE RADIO is also in a state of transition, as they make the switch from being an unlicensed FM station to operating as an Internet broadcasting company. Things have changed a lot since I visited FCCFREE RADIO a year ago. At the time, owner John Miller and Program Director John Hell talked about their plans for the unlicensed LPFM community station in San Francisco, citing their desire to “put the local back into radio.” Since my last visit, they’ve built up their schedule and have attracted a following of listeners both online and over the terrestrial airwaves.

However, something very significant happened on May 7, 2010. They turned off the station’s transmitter.

I was eager to visit FCCFREE RADIO again to learn more about why they decided to remove the station from the FM airwaves, so on June 25th, I stopped by to revisit the station and learn more about what owner John Miller has in store.

John told me that the staff of FCCFREE RADIO voted in favor of turning off the transmitter after a recent visit by the FCC to the transmitter site. Although John exudes the confidence and bravado of a long-time underground radio broadcaster, he was clearly spooked by the latest letter from the FCC. He said, “I had the FCC at my door in record time,” adding, “They must be angry.”  After a couple of notices from the FCC, they decided to change the station’s course. He told me that times really have changed for pirate radio, saying, “Unfortunately people go to jail now.” While reminiscing about stations like Boulder Free Radio, John talked about how “they were heroes” and “did it on a grand scale,” but that they were hit extremely hard by the FCC. (more…)

Freak Radio Santa Cruz is one of the longest-running unlicensed stations in the country, in addition to having one of the highest profiles. The station has survived by pure tenacity, probably also aided by being located in the small seaside college town of Santa Cruz rather than a larger city where it would be under the nose of the FCC. That said, Freak Radio has had its run-ins with the Commission over the years. The most recent was a notice sent to the landlord of the building housing its transmitter.

Station volunteer DJ Uncle Dennis tells SantaCruz.com that

“Basically, we got a call saying the landlord had received a notice from the FCC saying a illegal transmitter was found and that he would be fined if he didn’t get rid of it…. This is a typical tactic they use to deal with unlicensed broadcasters.”

Long-time organizer and DJ Skidmark Bob confirmed the story to John at DIYmedia.net. However, John also notes that Freak Radio keeps its studio and transmitter separated, and so the station can continue its live internet stream in the interim.

In other–much more clueless–pirate news, Rhode Island’s Block Island Times reports on unlicensed WOHP (“Old Harbor Pirates”) broadcasting out what is presumably a bar called Club Soda. However, it sounds like organizer DJ Jonah the Profit is a little hazy about broadcast regulations, telling the Times that

the group isn’t breaking any regulations…. “We operate under a 100-watt frequency,” explained Profit, so as not to interfere with other stations or two-way radios. “We abide by the FCC rules(.)”

I’m not sure what a “100-watt frequency” is, but if he means they’re broadcasting with 100 watts of power on the FM dial without a license, then WOHP sure as hell is breaking regulations. Did anyone at the Block Island Times fact-check this? Anyway, I’m not sure how busy the Boston FCC office is, but with this story in the press and the DJs’ apparent lack of a clue it’s just a matter of time before the Commission pays them a visit.

Of course I’m biased, but San Francisco seems to have always been ground zero for radio innovators, back from the early days of pioneering technologists, to the freeform FM era, to punk and new wave stalwarts in college and commercial radio in the 1980s, to pirate radio champions like Free Radio Berkeley in the 1990s, to the web radio entrepreneurs of the 2000s and beyond.

Although the lure of Internet-only radio is turning the focus away from terrestrial radio for many; there are compelling reasons why radio enthusiasts continue to launch licensed and unlicensed AM and FM stations in 2010.

In San Francisco, a brand new unlicensed community radio station, Radio Valencia, is about to get off the ground, with a hoped-for launch date of early July. Housed in artist/musician/activist/former San Francisco mayoral candidate Chicken John’s warehouse “Chez Poulet” in the Mission District, it’s being envisioned as not only an underground radio station, but also as part of a larger non-profit community resource.

Named by Chicken John, Radio Valencia will probably evoke memories for many San Franciscans of the former restaurant of the same name (known for its well-crafted playlists of music) that met its unfortunate demise after several fire engines crashed into its corner storefront on Valencia and 23rd Streets. Although Chicken John says that the radio station is not meant to be an homage to the old Radio Valencia, it will no doubt appeal to some of the same folks who frequented the place back in the 1990s.

When I visited the station last Thursday, I got to see the beginning stages of the studio that had been built by Chicken John in a week’s time. One of the founding members of the station, John Hell, talked to me about the collective vision for Radio Valencia and how it will be different from his numerous other radio endeavors.

Ironically, it was just about a year ago that John Hell chatted with me about his then-new radio project, FCCFree Radio. Although enthusiastic about the possibilities of that particular station at the time, John Hell recently parted ways with FCCFree Radio after having philosophical differences with the station owner.

Because of his strong passion for and commitment to radio, it was clear that it wouldn’t be long before he landed at another radio start-up. John Hell is no stranger to radio, having worked at college stations KCSM and KFJC, pirate stations San Francisco Liberation Radio, Pirate Cat Radio, and FCCFree Radio, as well as on the crew that founded the LPFM station Radio Free Burning Man that operated out in the Nevada desert during the annual arts festival from 1994 to 2008.

When John Hell was approached by his long-time friend Chicken John (they met at Burning Man and soon after began doing events like “The Church of the Burning Ulcer” together), the initial idea was to start up an Internet radio station. As they discussed things further, the concept for Radio Valencia developed even more and the hope is that eventually it will be a community center with an open-door policy and a full schedule of events. Chicken John, John Hell, and other early participants (including Evolution Control Committee’s Trademark Gunderson and PhotoBoof’s Wrybread) presented the idea of this new station to other like-minded folks in their social networks and reached out to former college and pirate radio DJs and friends with deep connections in various arts and culture scenes in San Francisco. (more…)

In an interesting turn of events, San Francisco’s Pirate Cat Radio (PCR) will be providing programming for a new full power FM community radio station down the coast in Pescadero that is launching tomorrow.

Fined by the FCC for broadcasting over FM without a license, Pirate Cat Radio has been operating as a web-only station since last fall. In March Pirate Cat Radio founder Monkey announced on the Pirate Cat website that he was named General Manager of Pescadero community radio station KPDO and that he planned to “utilize most of Pirate Cat Radio’s 53 radio shows as content for KPDO, until a formal studio is built in Pescadero.” Over the past few months, Pirate Cat Radio DJs have been announcing the call letters KPDO over their netcast in advance of this week’s launch of the KPDO webcast.  The terrestrial broadcast launch of KPDO at 89.3 FM in Pescadero will be May 1, 2010.

This week Pirate Cat Radio DJ Russel Forster outlined this transition in a blog post for the SF Underground Radio Examiner. He writes: (more…)

For Americans it may be hard to believe that Spain only this year passed a law that gives a new Spanish central radio authority the ability to pursue and shut down unlicensed radio broadcasters. Back in January the Spanish radio industry group AERC complained that 3000 pirate stations are operating in the country and need to be shut down.

For its part the government recently claimed to have opened 109 cases against pirate operators since 2007. With the recently passed law the secretary of the Media of the Generalitat says the job will become easier.

I know relatively little about radio broadcasting in Spain, although I have often heard that the radio dial is more chaotic than in other European countries. For instance, apparently 504 of the unlicensed stations are operated by municipalities. (Just imagine if your local city or town government ran its own pirate radio station!) Additionally, some 124 ostensibly licensed stations operate on a frequency other than the one they were assigned.

Given these kinds of stats I seriously doubt that the Spanish government is likely to make much of a dent in the country’s number of unlicensed stations. The FCC has been around for seventy-six years and I wouldn’t be surprised if there weren’t at least 3000 pirate stations operating in the US right now. At best the Commission does a pretty good job of keeping unlicensed operators more underground and less organized by playing a good game of cat and mouse. I reckon Spain has quite a way to go before it can even hope to have that level of success.

Worcester, Massachusset’s unlicensed Flava 105.5 has received some mostly positive press coverage recently for its focus on underserved Caribbean populations in the area. Probably not coincidentally, about two weeks after it appeared in the local newspaper the FCC issued the station a Notice of Unlicensed Operation (NOUO) ordering it to cease broadcasting immediately.

In a follow-up story reporting on the Commission’s action that appeared in the News Telegram on Saturday the station’s general manager said that “We’re no longer on the air. … We’re not in business.” However, the paper’s reporter noted that the station was still on the air as of Friday night.

Every FCC field office prioritizes unlicensed stations differently. Sometimes a station operating as openly as Flava 105.5 might go unbothered for months. Other times the Commission will act quickly once a station gets noticed. A significant variable in this is how loudly local licensed broadcasters complain and bug the FCC.

In this case it looks like the Boston field office has been hitting unlicensed stations all over its geographic area of responsibility since February. Scanning over the Enforcement Bureau’s recent field actions it looks like quite a few Massachusetts stations were on the radar. The Boston field office issued NUOUs to another Worcester station, along with stations in Hartford, Webster, Boston, Norwood, Boxford, two stations in Mattapan(1, 2) Springfield and three stations in Brockton (1, 2, 3). Additionally, the Boston field office sent NUOUs to four stations in Rhode Island and three in Connecticut over the same period.
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Sunday was the forty-sixth anniversary of Radio Caroline, one of the most famous UK pirate stations of the 1960s, and the inspiration for the recent movie Pirate Radio a/k/a The Boat That Rocked. Those radio pirates were inspired, in part, by the fact that the BBC played almost no rock music, and was also a monopoly, so there were no licensed privately owned stations to fill in this massive gap.

What many probably don’t realize is that pirate radio is still going strong in the UK, especially in big cities like London. Contemporary pirates are also inspired by the fact that the BBC still doesn’t play a lot of cutting edge popular music, which these days means electronic music and British forms of hip-hop. There are private commercial stations in the UK now, but nothing on the scale of what we have in the US. (And, one should note, American commercial radio doesn’t do such a hot job of playing cutting edge music, either.) So pirates in Britain’s big cities are the ones bringing the newest music to the airwaves.

VBS.TV just produced a very nice sixteen-minute documentary on the current London pirate scene, taking the viewer on top of the city’s apartment tower blocks which sprout pirate transmitters and aerials, and inside the studios of Flex FM. I was impressed to learn that the London pirates utilize what is known in the industry as a studio-to-transmitter link (STL) in order to keep their studios geographically separate from their transmitters. Host Matt Mason says they use an “infrared” transmitter as the audio connection, which is something I’ve never heard of, though audio relays that use infrared to exist. At Flex FM the broadcasters say they use an internet stream to send the signal from the studio. Given the expense of getting internet to the top of an tower block there must be an internet-to-infrared relay somewhere closer to the transmitter site.

From a technical standpoint these London pirates are much more sophisticated than their American counterparts. Radio pirates tend to be much less prominent in most US cities outside of South Florida, and tend to be smaller operations where transmitters and studios are still co-sited. However, a few US unlicensed US broadcasters have made use of internet-based STLs to help them avoid capture by the FCC, often in a cat-and-mouse game.

The documentary also takes us back forty years to a less well known aspect of 60s pirate radio, visiting abandoned anti-aircraft forts in the sea that were taken over by pirate broadcasters. This documentary is fascinating and well worth your sixteen minutes.

Debuting back in 1987, way before pirates were ever deemed cool and a full 8 years before “Talk Like a Pirate Day” was ever conceptualized, Skulltime for Kids hit the airwaves of Foothill College radio station KFJC 89.7 FM in Los Altos Hills, California.

Captain Jack, the creator of the show, told me that the original idea for the program was born during a graveyard shift that he did with a fellow DJ in which they pretended to be pirates. He said that those initial late night shows were hilarious and that other station staff members encouraged him to base a show around that concept.

So, in 1987 Skulltime for Kids began as a Wednesday afternoon “children’s show,” hosted by the pirate Captain Jack.

The early years were a solo operation, with Captain Jack playing children’s records and spinning tales about his pirate life. He always alluded to a character called Skully, who was the “phantom bartender on Skull Island,” but it wasn’t until 1992 that another DJ offered to join the show in order to bring Skully to life. By 1996 or 1997 Skully was a regular fixture on Skulltime for Kids and around that time I started listening to the show (and joined the staff of KFJC).

There are a lot of things to love about Skulltime for Kids. There’s always plenty of banter about pop culture and music trivia and over the years I’ve found the show to be the “go to” place for news about dead celebrities, as they do rousing tributes to recently departed pop culture fixtures. Both Captain Jack and Skully are also thrift store junkies, so they often play amazing vintage children’s records with songs and stories from the past. (more…)