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RE: Unauthorized FM Radio Operations in New York City
June 9, 2015
The Honorable Thomas Wheeler
Chairman
Federal Communications Commission
445 Twelfth Street, S.W.
Washington DC 20554
Dear Mr. Chairman:
For quite some time, unauthorized pirate radio stations operating on FM radio frequencies have
plagued both listeners and legitimate licensed radio stations in New York City and northern New
Jersey. Based on recent complaints filed with the Federal Communications Commission (FCC)
in January, there appear to be 34 pirate radio stations operating on rooftops in Brooklyn and the
Bronx alone. Fifteen complaints have been filed against pirate stations in Newark, New Jersey.
The number of pirate FM radio stations throughout New York City could well outnumber the
number of licensed operations, and recently unauthorized stations have shown up elsewhere in
New York State and New Jersey.
We have several concerns about persistent radio piracy. First, these stations interfere with
services delivered by legitimately licensed radio stations. That interference prevents listeners in
New York and New Jersey from getting news, information and entertainment from their favorite
radio station. More importantly, when interference occurs during an emergency, millions of
people may not hear Emergency Alert System (EAS) alerts from licensed stations. This problem
may disrupt the entire alert system in New York City, Long Island, the Lower Hudson Valley
and northern New Jersey. We are aware of at least one station that has asked to change its EAS
monitoring assignment because of interference from unauthorized operators to New York Public
Radio's WNYC. WNYC is one of the primary sources ofEAS messages in New York City.
Second, many of these operations focus on some of the most vulnerable populations in New
York. We do not believe the FCC should allow these communities to be served by radio stations
operating without regard to basic consumer protection laws and FCC regulations. The laws that
protect the listening public generally should apply to all listeners, especially those in vulnerable
communities. Allowing these radio stations to ignore consumer protection laws and Commission
regulations deprives these communities of the protections to which they are entitled. Pirate radio
operations also undermine investment in legitimate minority broadcasters. We encourage the
Commission to make a more proactive effort to increase legitimate minority participation in
broadcasting, broadband and other communications services in order to reach more underserved
communities, while increasing its enforcement efforts regarding pirate radio.
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Finally, Congress, through the FCC, has allocated radio stations in New York City and across the
United States. This carefully engineered system has been put in place to avoid interference, but
the unprecedented growth of pirate radio operations in New York City effectively alters this
carefully engineered plan. We do not believe this plan should be undermined by unauthorized
operations.
While we recognize the FCC has made some efforts to remedy this ongoing issue, primarily
issuing Notices of Unlicensed Operation to illegal operators, much more needs to be done. These
efforts must be followed up with additional enforcement actions including issuing fines and
seizing transmission equipment. The Commission should use all the enforcement tools it has
available to correct this situation. We urge you to increase the number of personnel assigned to
the FCC's New York field office for the purpose of enforcing against these operators. We also
request that you work with the U.S. Attorney's Office and local law enforcement officials to
prioritize enforcement.
We understand the Commission has resource challenges. Nonetheless, policing radio frequencies
to prevent interference is at the heart of the Commission's mission. We respectfully request that
you provide us with a specific plan of action for resolving this problem. We look forward to
working with you on this important issue.
Sincerely,
CHRIS COLLINS
Member of Congress '"
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Member of Congress
PETER T. KING
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