While REC policy regarding "pirate radio" is to take a position of being sympathetic but not endorsing the engagement of unlicensed broadcasting, we are deeply concerned though about the reasons leading up to this specific forfeiture. If this forfeiture is permitted to stand, it will set a bad precedence against webcasters.
We take issue with the statement made in the Forfeiture Order that was written by Rebecca Dortch, Western Regional Director, Enforcement Bureau:
For the purposes of section 301, the word “operate” has been interpreted to mean “the general conduct or management of a station as a whole, as distinct from the specific technical work involved in the actual transmission of signals.” In other words, the use of the word “operate” in section 301 of the Act captures not just the “actual, mechanical manipulation of radio apparatus,” but also operation of a radio station generally. To determine whether an individual is involved in the general conduct or management of the station, we can consider whether such individual exercises control over the station, which the Commission has defined to include “. . . any means of actual working control over the operation of the [station] in whatever manner exercised.” (Forfeiture Order at 8)
This language disturbs us because it sets a precedence that even if the webcaster (Pirate Cat) or any individual who is responsible for the webcast did not construct the transmission apparatus and does not have direct control of the apparatus either through direct or remote control means, the webcaster could still be held liable for the broadcast.
If this language stands, this could mean that a Japanese language webcaster like REC's J1 Radio could be rebroadcast over an FM frequency in San Francisco's Japantown area and J1 Radio/REC would be held legally responsible despite the fact that we had no knowledge or the ability to directly, remotely or indirectly (call someone) control the transmitter.
Radio reflects the culture in San Francisco, a city that deeply prides itself on it's abundance of cultural variety. With the recent loss of KUSF, there is a demand for new voices in this big city. Even if we rip the translators out, it will not open many opportunities there. We need to grow FM to at least 82 and make new minority voices in the Bay Area.
REC does not condone any broadcasting on 87.9 by either PCR in the past or by the rogue pirate operator who should be the true subject of this current forfeiture order.
I hope this proceeding makes it to Commission review and it is turned there and if not, turned in the courts. This fine is true evidence of overstepping of FCC authority.
