Radio 10 saga in Brooklyn

From a tip from reader Sammy, check out this story from the Dec. 2008 issue of Community Magazine, a monthly for the Sephardic Jewish community of Brooklyn, about a Brooklyn Hasidic pirate radio station. The Federal Communications Commission does not list "Radio 10" with the 95.1 frequency in Brooklyn (the FCC lists a "new" application from Kingsborough Community College, which moved from 90.9 to 90.3-FM in 2006). In fact, it is a known pirate frequency. One Brooklyn reggae station, Big 95.1, claims to use the frequency in Brooklyn on its not-updated-lately myspace page. Another Bronx station, Hype Radio 95.1, has a current myspace page.

So there's also another Hasidic pirate in southern Brooklyn (Crown Heights and Williamsburg have had others). What's more interesting about this story (download the pdf here, pg. 98 of the magazine and 150 of the pdf) is the soap opera intrigue of a former employee absconding with equipment to start another station.

"Mrs. [Avigail] Lazarovitch [co-owner of the allegedly non-profit station] told Community after consulting with the station's Rabbinic advisor, and contacting the culprit, the family filed criminal charges with police detectives from the 70th Precinct," for the Oct. 16, 2008 robbery.

"Fearing arrest, she said, the employee appealed to a local Bet Din (Rabbinical court), claiming the Radio 10 owed him salary payments, and that the filing of criminal charges violated the halachic prohibition of mesirah (handling an innocent Jew over to the authorities). The Lazarovitchs categorically denied that the station owed any such money. The Bet Din proposed to hear the case on condition that the stolen goods were immediately returned. The employee indeed returned the equipment, whereupon Radio 10 consented to drop the criminal charges and remand the case to the Bet Din's authority.

But three hours after the first Bet Din session the equipment was stolen again and a Russian company began broadcasting on 95.1-FM the following day. The matter, according to the story, is still before the Bet Din.

The story also gives some, alleged, background for Radio 10:

The station began nine years ago under the name "Torah World Radio" and offered programming for Russian Jewish immigrants. Two years ago, it changed its format and began directing its broadcasts toward the area's observant English and Hebrew-speaking Sephardic communities. They have since gained a huge following and are known to feature popular rabbinic figures such as Rabbi Amnon Yizhak, Rabbi Eli Mansour, and Rabbi Maimon Elbaz, among many others.

Record number of New York City pirate radio stations contacted by the FCC

From New York Radio Guide:

Following the December 23 New York Times article on pirate radio broadcasters in Brooklyn, the FCC's New York field office has been spending a great deal of time visiting Brooklyn neighborhoods, tracking down illegal broadcasters and issuing more than a dozen "Notices of Unlicensed Operation" (10 day notices). Some of the broadcasters identified include a pirate on 88.5-FM broadcasting from central Brooklyn, a pirate [Frito Destra] on 90.9-FM broadcasting from Flatbush, [Jean Cleophat] a pirate on 88.1-FM broadcasting from central Brooklyn, and a pirate on 91.9-FM broadcasting from south of Williamsburg. The FCC also sent a Forfeiture Notice to Trevor Whitely for broadcasting on 102.3-FM from the Eastern Parkway area. as "102.3 Red Hot FM." Listeners in Brooklyn have noticed somewhat clearer signals for a number of stations, but at least 20 unlicensed stations remain on the air.

That story barely touches the recent enforcement action in New York City, which seems to be at some sort of historic level. Judging from the location and the name Moshe Ezagui on the FCC's "Notice of Unlicensed Operation," the 91.9-FM station was the long-time Hasidic station that was sort-of day-parting with the 10 a.m.-midnight hip hop station that uses that frequency. The landlords of the Hasidic station's location also got a "Notice of Unlicensed Operation."

The report above also missed the Feb. 8 Notice of Unlicensed Operation to Clement Viau/Biau allegedly operating on 90.1-FM also near Flatbush, Brooklyn. And it neglects to mention Esther King or Ambassador Courts Associates who both got a Notice of Unlicensed Operation for operating at 102.5-FM in Brooklyn. Pietro Russo also got a Notice of Unlicensed Operation for operating at 90.9-FM in Brooklyn. And there's also Newkirk Realty, LLC, south of Park Slope, Brooklyn, operating on 88.1, with a Jan. 31 "Notice of Unlicensed Operation." They also missed another "Notice of Unlicensed Operation" to operators on 88.5-FM in Brooklyn, Nachla Associates, LLC in central Brooklyn and Felix Leonard, Aries Communications, in Brooklyn. Clearly, the FCC is also contacting landlords as well as suspected pirates these days.

So that is 12-15 stations, depending how you count them, receiving notices so far in 2008. By any measure that is a record number of pirate radio busts in New York City.

The premise of the New York Radio Guide story, that the Dec. 23 story in The New York Times started this all, is also wrong. Three days before the story, the FCC also took action against a slew of New York pirates. Notices announced on Dec. 20, 2007 include Randel and Shawnett Palmer, no location given, at 95.9-FM; Moshe Realty LLC, Brooklyn, 102.3-FM; Latesha Johnson, Brooklyn, 107.9; Anthony Goolchalan and American Heritage Management Corporation, Brooklyn, 95.1; and AG 815 LLC, Fort Greene, Brooklyn, 107.9. So clearly, the action started before the Times story.

The FCC also posted a "Notice of Apparent Liability for Forfeiture" to Joaquim Barbosa, Amateur Extra Class licensee, call sign N2KBJ, of Elizabeth, NJ. FCC officials observed him operating on 296.550 MHz, a government operations channel. The Notice says Barbosa admitted he knew he was on a government channel. The FCC also sent a "Notice of Unlicensed Operation" to a Bedstar Associates, Inc., a business operating 463.375 MHz. They also posted a Citations to Job Lot Wholesale & Retail Stores #4, 32-29 Beach Channel Drive, Far Rockaway, Brooklyn; C.H. Martin, Inc., 148-22 Jamaica Avenue, Jamaica: and Joy Electronics & Appliances, 156-16A Northern Blvd, Flushing, for selling analog televisions to consumers without warning them of the imminent switch to digital transmission.

Add it all up, and that's about 20 FCC enforcement actions against pirates in the last 80 days in New York City, a pace of one every four days. But at least one rabid anti-pirate crusader, posting on the New York Radio Message Board, says, "All those notices were sent out in early February and everyone of those frequencies still is occupied by the same pirates."

The New York Radio Guide story also does not get to the "why" of the story, which in this case seems to be that minority communities find the need for low-power broadcasting in New York City so great, that they are willing to break the law. Tom Roe and Dharma Dailey of free103point9 met with the FCC last week, within a larger group organized by the Prometheus Radio Project about low-power FM. The FCC's Peter Doyle said in that meeting that if the current LPFM bill passes Congress, a new station might be available in Brooklyn Heights. This is the first time there's been any hint of the possibility of LPFM being an option In New York City. A better plan: find the couple of frequencies that do have some space in the city (the pirates have proved there are a couple of holes, though clearly some are on top of licensed stations' signals), and spread very-low power 10-watt stations in each neighborhood in the five boroughs.

New York Times freelance writer provides no news on Brooklyn microradio

Today's The New York Times has a severely under-reported story about the plethora of microradio activity on the Brooklyn airwaves for the past fifteen years.

Without any sort of news peg (Ditmas Park Blog is taking credit for tipping off the Times), Alex Mindlin quotes folks from WBGO (88.3-FM) and WFUV (90.7-FM), with George Evans, the head engineer of the latter, going so far as advocating the draconian Florida law that allows local police officers who know nothing about Federal broadcasting regulations to arrest so-called pirate radio station personnel. Since the Federal government, and not the states or cities, regulate the broadcast spectrum, this Florida law will surely be thrown out once it is challenged in court.

Mindlin mentions the January 2007 $10,000 fine charged against Elroy Simpson of Prospect-Lefferts Gardens, but fails to mention the Federal Communications Commission's Nov. 2 letter of Notice of Unlicensed Operation to Sean Buckner in Brooklyn for operating on 94.3-FM without a license, or any other recent FCC action.

The FCC is constantly contacting and fining Brooklyn-based microradio stations, and most of the stations remain on the air, operating on the few NYC frequencies that have any breathing room at all between licensed stations. Mindlin correctly mentions the many Haitian-oriented stations, and the several Hasidic operators, and grasps that the Flatbush area is a hotbed of activity. But he fails to mention several prominent hip hop and hipster stations, and fails to address the "why" at all. Mindlin's main news flash: WFUV's web site has received 294 complaints about interference from pirates since August, though they could all be from one person as he doesn't question this number at all.
--Tom Roe

Latest reports on NYC microradio

Several reports from radio engineers posting to the New York Radio Message Board say that "pirate" radio activity in New York City is busier than ever. In Brooklyn, for instance, there are reports of FM stations on 91.9, 94.3, 95.1, 95.9, 96.5, 96.7, 97.5, 99.1, 99.3, 99.7, 99.9, 100.7, 101.5, 102.3, 103.1, 103.9, 104.7, 105.5, 106.1, 106.3, 107.1, and 107.9.

WHUT, the hip hop station on 91.9-FM evenings between 10 p.m. and midnight, is as strong as ever. A Hasidic pirate is allegedly using the 91.9 frequency (heard as far away as Westchester County) much of the rest of the week, and also airing on 1710-AM. Reportedly a station called "Red Hot Radio" is on 102.3, and it and another station on 95.1 are microcasting from E. 35th St. and Avenue H in Brooklyn.

Across the Hudson River from NYC, in Newark, New Jersey, there are reportedly pirates on 96.5 and 99.9.
--Tom Roe

New NYC-area microcaster reports

One poster at the New York Radio Message Board has located WMIR, a 24/7 unlicensced station operating at 100.9-FM in Suffolk County, New York. The station is playing classic rock (with a web stream if you want to listen and aren't on Long Island). Other reports include a Spanish-language stations on 96.1-FM in Bergen County, and 90.5-FM in Passaic County, both in New Jersey. There's also a report of a reggae-formatted station on Long Island at 101.5-FM, and reports of Carribean stations on 95.1-FM, 101.5-FM, and 104.7-FM in the Bronx and Brooklyn.

FCC action against Brooklyn microcasters and current frequencies in use

By Tom Roe

The New York Radio Guide is reporting the FCC has sent three Brooklyn "pirate" microcasters "Notices of Unlicensed Operation," the first step in the agency's slow enforcement process. "The broadcasters are James Narcisse of 625 Rugby Road in Flatbush, Joseph Maynard of 728 East New York Avenue in Crown Heights, and Vincent Alston of 308 Sterling Street in Crown Heights. The FCC`s efforts notwithstanding, the airwaves in Brooklyn continue to be saturated with the signals of dozens of pirate broadcasters," according to NYRG.

The New York Radio Message Board contains posts reporting dozens of other stations including, "88.1, 89.3, 90.1, 90.5, 90.9 and 94.5...94.3, 95.1, 95.9, 96.7, 97.5, 99.9, 100.7, 101.5, 102.3, 103.1, 103.9, 104.7, 105.5, 106.3, 107.1, and 107.9." The 94.3-FM station is supposedly called "My Radio Live," WHUT 91.9 is the long-runnning powerful hip hop station on evenings, and a Jewish pirate in Canarsie is on 104.9-FM, according to NYRMB posts. Also, Haitian pirates often use 87.9-FM.