Pirate Stations Under Attack

Submitted by Reverend Chuck0:

Pirate Stations Under Attack



Radio, TV and law enforcement officials gathered in Hollywood on Tuesday to talk about ways to sink radio pirates.

Jul. 21, 2004

BY JONATHAN ABEL

jabel@herald.com

The disc jockeys on one Fort Lauderdale hip-hop radio station routinely use the words ''f--k'' and ''b---h'' along with other obscenities. They encourage underage drinking, and can block key emergency communications.

Even the advertising pushes the envelope. A DJ on 89.1 FM, for example, made this pitch for a local liquor store on Friday night: ''If you're 18 with ID, you can get anything you want, if you know what I mean.'' The station did not return more than a dozen phone calls to The Herald over the past two days.

More than 50 radio managers and owners gathered Tuesday at a meeting of the Florida Sheriffs Association at the Westin Diplomat Resort & Spa in Hollywood. Their goal: To plot strategy on taking small-time, illegal operators off the air.

South Florida is the capital of pirate radio stations -- those that are not licensed by the Federal Communications Commission, according to Matt Leibowitz, general counsel for the Florida Association of Broadcasters.

And because those stations are not licensed, they do not adhere to FCC regulations.

''It's a Catch-22,'' Leibowitz said. ``If you're not licensed, you're not subject to the same standards of decency.''

But now, thanks to a new law against unlicensed radio transmission that took effect July 1, the crime has been elevated from a misdemeanor to a felony.

Under the new state law, those convicted of radio piracy -- now a third-degree felony -- face up to five years in prison and a fine of up to $5,000.

Previously, radio piracy was outside of local law enforcement's jurisdiction because it was a federal misdemeanor. That meant it was rarely, if ever, enforced, Leibowitz said.

OBSCENITY ABOUNDS

The medium is dangerous and the message is obscene, law enforcement officers say. Yet pirate radio is at the center of a flourishing counter-culture in South Florida, where around 35 underground stations operate.

''Because there's such a low cost involved in setting up a pirate radio station, someone can go to Radio Shack, buy some inexpensive radio equipment and literally communicate gang messages on different frequencies that gang members driving in a car or listening at home can hear,'' said state Rep. David Rivera (R-Miami), who sponsored the new law.

The Broward Sheriff's Office has one of the most advanced -- and aggressive -- anti-pirating programs in Florida, experts say.

Even before the new law went into effect, BSO shut down a dozen stations over the past 18 months, said Capt. Larry DeFuria.

''We found out through basic police work that people who violate federal laws generally violated other laws,'' DeFuria said.

TOUGH ENFORCEMENT

For example, radio pirates often did not have proper proof of ownership for their equipment, weren't operating out of a properly zoned building, or their electrical equipment was not up to code, and BSO could take the equipment. ''It takes ruthless, local law enforcement tactics,'' DeFuria said.

The general area of interference, according to BSO, is south of Sunrise Boulevard in the Fort Lauderdale area.

But it's not just the obscene message that rankles pirate radio's critics; it's also the medium which, they say, poses a danger by blocking legitimate radio transmissions.

''They could frustrate an Amber Alert or interfere in a weather emergency,'' said Reggie Garcia, an attorney for FAB.

When more than one station broadcasts over the same signal, there is an overlap in which the pirate station can be heard over a legitimate one, experts say.

Radio executives say that is not fair. ''We had pirates on both sides of the dial,'' said Jerry Carr, president and CEO of WXEL, who has been involved in lobbying for this new legislation. ``They put us out of business in some areas.''

Garcia also pointed out that pirate stations have tampered with air traffic control signals.

''There is a chance that people could die because of it,'' said Roy Pressman, a broadcast consultant.

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