Just thought I'd throw this question out there and see what each one of you thinks is the best thing to do.
Some people say be nice and let them in to inspect and hope they are lenient. Others say don't let them in, but then you will have a higher chance of getting a fine.
I know the agents vary from office to office. But what would you do?
Here is a basic guide on what to do but keep in mind every situation could be vastly different depending on the officials mood and how much they want you off the air... www.frn.net/special/prsg/busted.html
I have a few basic ideas as to what I would do. If someone questions me about my antenna I usually just lie and say it's a CB antenna or I use it for FM reception. This usually shuts up the neighbors when they get curious as to what my J pole is up in the air for.
Most people who get caught who don't answer the door with lower power who don't piss off a lot of people or cause interference usually just get a NAL (notice of apparent liability) telling them to shut down or face fines and possible jail time. After the operator shuts down usually they are left alone after that. People who have answered the door have one of two options, tell them to get a warrant if they want to come in to your home which can possibly get them in more trouble if they continue to operate after that point and the FCC built a good case against you. You could also let them come in and inspect the equipment but that can be just as risky if they decide to confiscate your gear. Getting a lawyer would be a good idea if you have the money. Use the "I didn't know it was illegal and I ceased to operate it after I was warned" in court and that should get you off. That line can even work on the FCC official if they are kind and forgiving.
General rule of thumb is to not get caught in the first place. Also know well in mind that at any moment you could be caught so don't ever sit back for a moment and think just because you have been getting away with it that you will always be so lucky. Law is the law and as much as we love pirate radio it isn't legal and has its risks.
The FCC can only enforce so much. To actually break in or do anything that extreme the will need to contact the police and get their help. This rarely happens though as most police don't want anything to do with federal stuff.
Always run the minimal amount of power required to get to the audience you want. Don't piss off your neighbors or two way communications like police and pilots with interference. Keep your antenna as hidden and covert as possible. General things like that will keep you out of trouble. Some of us have been doing this for many years w/o any warnings. It's always a matter of taking preventive measures, not waiting until you get a knock on your door
A few more ideas I have thought of.. Have a backup legal part 15 transmitter sitting out in the open. Hide your actual transmitter that cost you more money and runs more power. If they come in and inspect then point to the cheapo transmitter that runs legal power and say that's what you used. This way they think that's the transmitter if they want to take it from you. It could also trick them into believing you are running legal power.
If you do get the knock take your transmitter and hide it pronto, then answer the door if you want.
You could say you got the transmitter off of ebay or something and tell them you thought it was legal power. No need to incriminate yourself. Don't tell them you knew fully what you were doing and expected to get caught.
Remember the FCC has to prove you were the source of transmission. If you can use a covert setup far away from your home and studio to broadcast from. This way they take only your transmitter, not all the other more expensive equipment you own.
so heres a little info based on a buddy that just got popped in south fl. as i understand it though, agents and attitude vary drastically from place to place.
they DF'd him using a chopper. yes, a helicopter. somebody at the TX site told him the night before the suits showed up, a chopper was circling the building. the suits showed up the next morning and advised him what he was doing was illegal. he shut off the TX, apologized for being stupid, the suits left and warned him dont do that stupid shit again.
this guy wasnt interfering and was running clean gear. the complaint came from a legit broadcaster.
so, at least where im at it pays to be nice, flip the thing off, let the guys do their job and nobody has a real bad day.
so i got the dreaded visit. heres how it went down.
99% of the pirates in my city play foul language rap. i was the only guy running a "family safe" operation. the feds left me a letter and later revisited. the station was shut off as soon as i saw the letter. we had a peaceful conversation. apparently i was turned in. as cluttered as the dial is where i live it may be by another pirate who wanted to clear the dial. this is not uncommon.
the fed went into everything they could do if they followed up and i peacefully went into stories about selective enforcement and how apparently i must be of the wrong ethnic background since they popped my weak little station playing family music but they wont touch certain urban stations in my area.
end of the day... the was an exchange of phone calls, some letters i will frame for my wall, and some gear laying around the house.
Post by Ozone Express Radio on Oct 14, 2010 13:36:41 GMT -6
I am pretty much of the school of thought that I would exercise my right to remain silent and let them get a warrant before I'd reveal anything. For "the knock" it'd take a fairly brave agent to climb my fence past the No Tresspassing signs, walk the mile down my drive in the woods in the dark, and confront me. I'm not at all violent, but any unexpected visitors might get more than they bargain for at an odd hour.
In the case of an NOUO, I'd politely respond explaining it must have been my Part 15 XM transmitter on the fritz. I'd happily show them that. Otherwise, they'd need a judges' order to go any further. By that point all of my gear which is fairly mobile anyway would be a considerable distance from my physical location.
I just wouldn't be immediately cooperative and openly welcome of any government agent nosing around my place, no matter what the situation. Give an inch and 10 miles will be taken by our officials.
Post by Ozone Express Radio on Oct 17, 2010 10:44:57 GMT -6
Yep, that video states it in pretty blunt terms.
Don't say anything. It can and will, be used against you later. A decent attorney and some lost time and wages still beats being manipulated into a worse problem than just a little unlicensed broadcasting. You can bet that if the FCC takes the time to come knocking, they have the intent to either a) give you a really hard time, b) take your equipment, c) drain your wallet and bank account under the NAL, or d) all of the above. There generally isn't any reasoning you can do when you are breaking the law. The best you can do is to keep quiet and speak through your lawyer.
Post by Ozone Express Radio on Oct 20, 2010 15:51:36 GMT -6
After a bit more digging I have come to a couple of conclusions. The FCC has no police powers within their agency. That doesn't mean they cannot enforce their rules, but it does mean that they could use the police if necessary after a warrant is obtained. It would seem to me that this has rarely ever been used, and that only in cases where a broadcaster was blatantly violating the law and continuing to stay on the air even after a warning. Think full-time pirate running a 24-7 station with enough power to get noticed by the legit broadcasters.
Second, I think that the biggest tool the FCC can and does use is the old crowbar to the wallet in the form of stiff monetary fines. I doubt seriously that a first time offender with a fairly low-power FM station would be subject to an NAL, but again if FCC warnings go unheeded, then most likely a remittance would be expected for the FCC coffers. Almost all of the NAL's seem to reflect a pattern of ignoring the warnings.
Now, all that said, if a field officer were having a bad day, a broadcaster were really doing something obvious or foolish, or perhaps interfering with police, fire, or the like, then it may be an anything goes enforcement situation. I'd not want to test that theory. There is also the matter of how much power the government has now under Homeland Security. No one here is doing anything of that scale I am quite sure, but if an overzealous agent were to see something that he or she wanted to, it could get sticky quick.
I think the best thing to do is be random with your broadcasts, keep them clean, keep the signal in the area it belongs, and try to be an low-key as possible. Many broadcasters have stayed on the air for years doing this.
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