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By Paul Thurst, on August 27th, 2011
 And now, something completely different. It seems there is quite a kerfuffle going on in shortwave (AKA HF) pirate land. It seems there has been some FCC enforcement action of late, leading to at least one HF pirate being closed down, while some others are pointing fingers at another saying he is a rat, or a rabbit. Or something. I dunno, it gets a little hard to follow.
Anyway…
I have written about this in the past; Pirate Shortwave broadcasting. It is a very interesting phenomena that compels a person to gather together all the parts necessary, usually at some expense, and assemble a station. Further, keying the transmitter and broadcasting without benefit of a license is a violation of federal law, which can bring heavy sanctions. While most pirate broadcasters seem to get a slap on the wrist, this lax FCC attitude can change. There have been several steep fines lately for repeat offenders in the FM band. At least on the FM band and somewhat the AM band too, a unlawful broadcaster is assured of some public audience. On the shortwave bands, a pirate broadcaster’s audience is limited to only those that are looking for them, which is a very narrow segment of the population.
What are they trying to accomplish? Most of the shortwave pirate broadcasts that I have listened to are limited to a couple of songs from one particular genra, send an ID and then are off. Some will send a QSL card via slow scan TV. What compels these operators to go through all the trouble for a few minutes of irregular operation? Some of them have well equipped studios to go along with the transmitting equipment. Then there is the clandestine nature of the undertaking, often with mail drops and spoofed e-mail addresses.
Some seem to exult in sticking it to the man, that man being the FCC, big media corporations or any authority that tells them they are doing wrong. Acts of civil disobedience against authority perceived (rightly or wrongly) as oppressive or evil. Others seem to have some need to perform, no matter how small the audience may be. Some are just fooling around and do it simply because they can. Finally, others like the challenge of building a low power shortwave transmitter from scratch and seeing it to through to it’s end.
If the so said station is broadcasting with any appreciable power, it will get noticed quickly and sooner or later, the FCC will pay a visit. That is a foregone conclusion. The FCC has quite a few new tricks up its sleeve when it comes to direction finding and RF finger printing. That’s right, RF finger printing, it is exactly what it sounds like. Super resolution HFDF eliminates the need for triangulation, multiple vehicles, and wasting a lot of time driving around neighborhoods trying to figure out which residence an illegal broadcaster is using.
While I understand the compulsion to broadcast free radio; the need to inform under served communities, the fact that what we used to rely on for information and news is gone, a once vibrant and exciting art form has been reduced to a hollow shell of its former self, however, we have not yet reached a Magna Carta moment. There are still some legal methods of getting the word out on radio, both conventional and shortwave. International Broadcasting stations WBCQ and WRMI offer time brokered programming and are pretty liberal in the types of programs they accept. Not all US shortwave broadcaster are thus, many allowing only religious programming. Those shortwave stations have large coverage areas and existing audiences. There are also may AM radio stations that will do block programming over the weekend, for a price, of course. Then there is the possibility of setting up an internet station. Eventually, the new Low Power FM (LPFM) rules will go into affect and interested groups will be able to apply for licenses in that service.
The point is, while the deck is stacked against the local or community radio broadcaster, it is still possible to get the word out in a legal way. The cost of buying block programming will likely be the same or less than buying all the equipment to set up a pirate station. Further, if the programming is compelling, you may get noticed and be able to flip the equation and actually get paid to do it.
By Paul Thurst, on June 24th, 2011
I wrote about this before, garnering several negative comments, both from the cost and effectiveness perspectives. Prompted by the New York State Broadcasters Association, the Senate and Assembly passed the legislation on Wednesday. It was refined somewhat, with frequencies specified in the AM broadcast and FM broadcast band. The revised writing softens the criminality somewhat, making the first offense a class A misdemeanor and subsequent offenses class D felonies.
It also broadens the enforcement actions to allow seizure and destruction of radio transmission equipment, antennas, computers, and studio equipment used during the act. The law provides no provision for part 15 broadcasting, which is defined as license free operation under FCC rules.
The law amends the NY State Penal code, by adding section 190:
S 190.72 UNAUTHORIZED RADIO TRANSMISSION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF AN UNAUTHORIZED RADIO TRANSMISSION IN THE SECOND
DEGREE WHEN SUCH PERSON:
1. KNOWINGLY MAKES OR CAUSES TO BE MADE A RADIO TRANSMISSION IN THIS
STATE, ON RADIO FREQUENCIES ASSIGNED AND LICENSED BY THE FEDERAL COMMU
NICATIONS COMMISSION FOR USE BY AM RADIO STATIONS BETWEEN THE FREQUEN
CIES OF 530 KHZ TO 1700 KHZ, OR FM RADIO STATIONS BETWEEN THE FREQUEN
CIES OF 88 MHZ TO 108 MHZ, WITHOUT FIRST HAVING OBTAINED A LICENSE OR
OTHER AUTHORIZATION FROM THE FEDERAL COMMUNICATIONS COMMISSION, OR DULY
AUTHORIZED FEDERAL AGENCY; OR
2. KNOWINGLY CAUSES, EITHER DIRECTLY OR INDIRECTLY, INTERFERENCE TO
ANY AM RADIO STATIONS BETWEEN THE FREQUENCIES OF 530 KHZ TO 1700 KHZ, OR
FM RADIO STATIONS BETWEEN THE FREQUENCIES OF 88 MHZ TO 108 MHZ WITHOUT
AUTHORIZATION BY THE FEDERAL COMMUNICATIONS COMMISSION OR DULY AUTHOR
IZED FEDERAL AGENCY.
ANY EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE TRANSMITTING ANTENNA,
TRANSMITTER, MASTER CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE SUCH
ILLEGAL RADIO TRANSMISSIONS SHALL BE SUBJECT TO SEIZURE AND, UPON
CONVICTION, SUBJECT TO DESTRUCTION PURSUANT TO ARTICLE FOUR HUNDRED
SEVENTEEN OF THIS CHAPTER.
UNAUTHORIZED RADIO TRANSMISSION IN THE SECOND DEGREE IS A CLASS A
MISDEMEANOR.
S 2. The penal law is amended by adding a new section 190.73 to read
as follows:
S 190.73 UNAUTHORIZED RADIO TRANSMISSION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNAUTHORIZED RADIO TRANSMISSION IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE CRIME OF UNAUTHORIZED RADIO TRANS
MISSION IN THE SECOND DEGREE PURSUANT TO SECTION 190.72 OF THIS ARTICLE
AND HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS OF
UNAUTHORIZED RADIO TRANSMISSION IN THE SECOND DEGREE. ANY EQUIPMENT,
INCLUDING BUT NOT LIMITED TO THE TRANSMITTING ANTENNA, TRANSMITTER,
MASTER CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE SUCH ILLEGAL
RADIO TRANSMISSIONS SHALL BE SUBJECT TO SEIZURE AND, UPON CONVICTION,
SUBJECT TO DESTRUCTION PURSUANT TO ARTICLE FOUR HUNDRED SEVENTEEN OF
THIS CHAPTER. UNAUTHORIZED RADIO TRANSMISSION IN THE FIRST DEGREE IS A CLASS D
FELONY.
S 3. The penal law is amended by adding a new article 417 to read as
follows:
ARTICLE 417
SEIZURE AND DESTRUCTION OF TRANSMITTING ANTENNA, TRANSMITTER,
MASTER CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE ILLEGAL
RADIO TRANSMISSIONS
SECTION 417.00 SEIZURE AND DESTRUCTION OF TRANSMITTING ANTENNA, TRANS
MITTER, MASTER CONTROL, SERVERS AND COMPUTERS, USED TO
PROVIDE ILLEGAL RADIO TRANSMISSIONS.
S 417.00 SEIZURE AND DESTRUCTION OF TRANSMITTING ANTENNA, TRANSMITTER,
MASTER CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE ILLEGAL RADIO TRANSMISSIONS.
ANY EQUIPMENT UTILIZED IN VIOLATION OF SECTION 190.72 OR 190.73 OF
THIS CHAPTER MAY BE SEIZED BY ANY POLICE OFFICER UPON THE ARREST OF ANY
INDIVIDUAL IN POSSESSION OF THE SAME. UPON FINAL DETERMINATION OF THE
CHARGES, THE COURT SHALL, UPON NOTICE FROM THE DISTRICT ATTORNEY, ENTER
AN ORDER PRESERVING ANY TRANSMITTING ANTENNA, TRANSMITTER, MASTER
CONTROL, SERVERS AND COMPUTERS, USED TO PROVIDE ILLEGAL RADIO TRANS
MISSIONS FOR USE IN OTHER CASES, INCLUDING A CIVIL ACTION. THIS NOTICE
MUST BE RECEIVED WITHIN THIRTY DAYS OF FINAL DETERMINATION OF THE CHARG
ES. THE COST OF STORAGE, SECURITY AND DESTRUCTION OF ITEMS SO ORDERED
FOR PRESERVATION AND USE AS EVIDENCE IN A CIVIL ACTION, OTHER THAN A
CIVIL ACTION UNDER ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND
RULES INITIATED BY THE DISTRICT ATTORNEY, SHALL BE PAID BY THE PARTY
SEEKING PRESERVATION OF THE EVIDENCE FOR A CIVIL ACTION. IF NO SUCH
ORDER IS ENTERED WITHIN THE THIRTY DAY PERIOD, THE DISTRICT ATTORNEY OR
CUSTODIAN OF THE SEIZED PROPERTY MUST CAUSE SUCH ITEMS TO BE DESTROYED.
DESTRUCTION SHALL NOT INCLUDE AUCTION, SALE, OR DISTRIBUTION OF THE
ITEMS IN THEIR ORIGINAL FORM.
Law takes effect on November 1, 2011.
In order to gain a conviction, some amount of evidence would be needed. Signal strength measurements and or spectrum analysis would be a minimum requirement, in addition to any equipment seized.
Discuss.
By Paul Thurst, on February 7th, 2011
New York state senate and assembly are considering a bill that would essentially regulate radio transmissions within the state. According to the website Open NY (senate):
S2737-2011: Creates the crime of unauthorized radio transmission, a class D felony, punishable by imprisonment and a fine in the amount of not less than $10,000.00.
Text of the bill:
S 190.72 UNAUTHORIZED RADIO TRANSMISSION.
A PERSON IS GUILTY OF UNAUTHORIZED RADIO TRANSMISSION WHEN SUCH
PERSON:
1. KNOWINGLY MAKES OR CAUSES TO BE MADE A RADIO TRANSMISSION IN THIS
STATE WITHOUT FIRST HAVING OBTAINED A LICENSE OR AN EXEMPTION FROM
LICENSURE FROM THE FEDERAL COMMUNICATIONS COMMISSION OR OTHER APPLICABLE
FEDERAL LAW OR REGULATION; OR
2. ACTS, WHETHER DIRECTLY OR INDIRECTLY, TO CAUSE AN UNAUTHORIZED
RADIO TRANSMISSION TO, OR INTERFERENCE WITH, A PUBLIC OR COMMERCIAL
RADIO STATION LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION OR TO
ENABLE THE RADIO TRANSMISSION OR INTERFERENCE TO OCCUR.
A PERSON CONVICTED OF UNAUTHORIZED RADIO TRANSMISSION SHALL BE GUILTY
OF A CLASS D FELONY.
The impetus for this legislation is pirate broadcasters, mostly in the NYC area:
Local radio stations often have their programming and signal “bumped off” the air, or drowned out by unofficial, unlicensed “pirate” radio stations that broadcast without FCC approval. This law will raise financial fines and incarceration penalties to serve as an disincentive for those who would make such illegal broadcasts.
The way the section one of the bill reads, no distinction between broadcast services and all other radio services, functionally making any police officer in the state capable of shutting down any radio operation, regardless of the service, arresting, fining, and jailing the operator. The above law seems much too broad, nor does it take into account the supremacy clause of the US constitution.
The rise of the pirate operator came about because broadcasting licenses are basically unobtainable for the vast majority of people and licensed radio stations fail to serve larger and larger segments of the population. For those that can afford satellite radio or mobile internet devices and data plans, services like Pandora, XMsirius have filled the gap, somewhat.
For those people in the lowest incomes brackets, who cannot afford internet connections, fancy phones and so on, radio is still the main information and entertainment source. For those who are concerned about the current state of the media, it’s ability and or desire to report unbiased news, unauthorized broadcasting can serve as a pressure release valve. I am not saying the unlicensed operation is the right thing to do, merely that there is a vacuum currently, which needs to be addressed. If there were not a call for pirate radio programming, the operators would not take the risk and expense to go on the air. Solve that problem, and no new law would be needed.
By Paul Thurst, on June 6th, 2010
Shortwave Pirate broadcasting has been going on for years. While it is illegal to transmit radio signals without a license, it is not illegal to receive those signals. There is something sort of sneaky, like you are hearing something you shouldn’t, part of some underground thing, listening to these guys. I am almost remiss to write something about it because I don’t want anyone to get into trouble.
Anyway, on any given day or night, pirate broadcasters roam the shortwave airwaves. Much of what they do is typical sophomoric humor, such as playing a song where the only lyrics are “god damn you” over and over again. Some of it can be somewhat entertaining. A lot of what they tell as jokes are inside baseball, you have to listen and do a little research to get it, the Al Fansome reference is one. There are no set times or frequencies. It is quite common to hear one guy tuning up and getting ready to go on the air when the current frequency occupant signs off (happens often on 6925 KHz).
Most of these guys build their own transmitters based on designs found on various websites. Power levels vary, but 10 to 50 watts is common. Because of this, a good low noise receiving antenna is required to pull them out of the noise floor. I have used, with good success, a K9AY terminated loop antenna. We are in a rural area, so it is pretty low noise to begin with. Even so, the coverage with a 50 watt transmitter is remarkable when propagation conditions are good. Sound quality can be quite good for a homemade AM transmitter.
There is a lot of focus on FM pirates these days, that particular setup is likely the easiest to attain for most non-technical types. There are a few AM pirates floating about, those are likely the most difficult to construct and conceal once they are on the air. Both of those broadcast bands have the advantage in that there are many kits and or instructions on how to build a pretty good sounding transmitter. Shortwave seems to be a small cadre of dedicated hobbyists that simply like to fool around on the radio.
In any case, with the FCC stretched thin, it is unlikely that a SW pirate will be busted but not unheard of. One SW pirate station was busted in Florida about a month ago. Even so, that was the first one in almost five years.
For the most part, the activity seems to center between 6850 to 6970 KHz or so. Some others operate around 15055 to 15070 KHz. Here is a brief selection of what one might find on the SW pirate frequencies:
- WHYP on 6925 USB “Who Wants To Be A Pirate Radio Operator” at 0156z.
- WMPR on 6925 AM “This is WMPR Dancy Party” ID at 0040z.
- Captain Morgan Shortwave Radio on 6925AM “Positive Captain Morgan Shortwave ID, email and twilight zone theme at 2209z.
- Radio Ronin Shortwave on 6950AM oriental-sounding interval signal, id at 01:04, Outer Limits intro, “She Blinded Me with Science”, strange version of “SOS”, anti-BP comedy skits, id at 01:19
- Indira Calling on 6925AM pop music that I can’t identify, “Rock-It”, Indian music, id at about 00:37, “Beach Party 2000″ show, Calcutta mail drop, Beach Boys medley
- WEAK Radio on 6925 Shout out to Voice Of Honor. 0048z “Godzilla” 0055z Sabbath.
- Channel Z radio on 15067AM 2218z ID and contact info, must be an old show (Blue Ridge Summit maildrop)
And so on. Those call signs are usually spoofs on something. Occasionally, contact information is given out, usually in the form of a mail drop. If so inclined, one might write a letter and receive a QSL card.
 Radio Ronin QSL card There is plenty of information floating around out there about shortwave pirate radio, if one cares to look for it. Two of the more popular discussion forums are HF underground and Free Radio Network Grapevines.
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Axiom
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
~1st amendment to the United States Constitution
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~Benjamin Franklin
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~Alan Weiner
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~Universal Declaration Of Human Rights, Article 19
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