FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF 
THE CHAIRMAN 
The Honorable Peter T. King 
U.S. House ofRepresentatives 
339 Cannon House Office Building 
Washington, D.C. 20515 
Dear Congressman King: 
May 1, 2014 
Thank you for your letter expressing concern about pirate radio operators in New York 
City. I appreciate your concerns regarding these illegal operations and want to provide you with 
additional information on the Commission's enforcement efforts. 
While we are unaware of any instances of pirate interference with Emergency Alert 
System (EAS) broadcasts, I want to assure you that the Commission takes its enforcement 
responsibilities regarding unauthorized operation seriously- particularly in the New York City 
Field Office. Indeed, the New York Office is responsible for nearly 25 percent of the FCC 
Enforcement Bureau's national pirate caseload. As you note, tracking down and prosecuting 
pirate radio stations is a difficult task. Agents use specialized equipment, including spectrum 
analyzers, field strength meters, and signal direction-finding devices to pinpoint pirate operations 
in the "noisy" New York City radio spectrum. Last fiscal year, our New York agents shut down 
64 pirate operations and issued 63 enforcement actions. 
This effort was greatly enhanced by a concerted effort by the Bureau to focus its limited 
resources on the New York City pirate issue. For several weeks in the summer of2013, agents 
were detailed from several other field offices to work on a special pirate enforcement initiative in 
New York City. These agents successfully shut down numerous pirates, and their work resulted 
in a significant uptick in pirate enforcement. In fact, in FY 2013, more than 60 percent of the 
Notices ofUnauthorized Operation issued by a1123 Commission field offices combined were 
against New York City pirates. 
That pirate enforcement program continues to yield dividends. While an official 
enforcement action can shut down an unauthorized station, some pirates refuse to comply even 
after repeated FCC actions. In such cases, the field office can escalate its enforcement actions by 
seizing equipment through an in rem action in cooperation with the U.S . Attorney's office and 
U.S . Marshals . This month, FCC field agents and U.S. Marshals executed in rem warrants in 
Bronx and Manhattan. Those warrants resulted in the shutdown and seizure of equipment of two 
stations that were operating on four different FM frequencies. 
While these enforcement efforts have had a palpable effect on some of the worst 
offenders, they are unlikely on their own to solve the broader piracy problem. Commission staff 
is considering complementary efforts, including outreach and education, as well as encouraging 
Page 2-The Honorable Peter T. King 
lawful alternative information sources- such as Internet-based "radio" stations- that might 
serve the needs of the communities that otherwise provide an audience for pirate operators. 
Although the FCC's field agents use the agency's enforcement tools to combat pirate 
radio nationwide, during the past fiscal year, $17 million in funds paid by broadcasters and other 
licensees for the operation of the FCC were siphoned from our budget for sequestration. As a 
result, the Commission was unable to perform routine lifecycle replacement of essential 
enforcement equipment used by our field agents. Nor were we able to upgrade equipment to 
keep pace with technological developments in the field. The Commission did reprogram funds 
to pay for basic upkeep at the FCC facilities in Columbia, Maryland where numerous nationwide 
activities are monitored. We have requested permission to use additional regulatory fees to 
upgrade our enforcement equipment and supporting IT systems during the next fiscal year. 
Similarly, as a result of sequestration and other budgetary issues, staffing in the 
Commission's field offices has declined sharply over the last several years. Indeed, our 
diminished funding level has left the Commission as a whole with a thirty-year low in FTEs, or 
permanent employees. Thus, any decision about additional staff for the New York Field Office 
must be informed by the agency's other priorities and statutory responsibilities. In this regard, I 
appreciate your interest in increasing the resources the Commission could bring to bear in its 
broadcast piracy enforcement activities. 
Again, thank you for your letter. I will keep your office updated on any additional 
information and look forward to working with you on these issues. 
~'h'!!-
Tom Wheeler