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Men who ran pirate radio station face FCC fines

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By Kurt Allemeier | Tuesday, August 7, 2007 11:07 AM CDT | () comments

Two men who tried to operate a radio station based on the “War Powers Act” they claimed did not require them to obtain a license owe the Federal Communications Commission, or FCC, $27,000.

Complaints for money damages were filed in U.S. District Court in Davenport on July 30 against Matthew Britcher and Jason Duncan. The complaint against Britcher asks for $17,000, while the complaint against Duncan asks for $10,000.

Despite the fines, based on operating an unlicensed radio station and failing to allow an FCC inspection of the radio station, Britcher claims his radio station — Power 103.3 — could rise again.

Britcher, who is unsure whether Duncan will have a role in the new radio entity, said he has some financial backing and will try to gain licensing from the FCC.

“There is some talk and discussion about bringing the station back,” he said. “We would get a legitimate license.”

He did hint that the station may begin broadcasting before the license is in hand but while the application is in the pipeline.

He said the public interest is not being served by the eight commercial FM and four commercial AM radio stations in the Quad-Cities being owned by two companies — Clear Channel (through the Quad-City Radio Group) and Cumulus Broadcasting.

Duncan could not be reached for comment.

The low-power station signed on April 7, 2006, without a license, with Britcher and Duncan claiming a loophole in the U.S. Code of Federal Regulations states that nonlicensed entities can broadcast during a wartime situation.

The FCC thought otherwise after receiving complaints from Clear Channel and Cumulus. An FCC agent was sent to Bettendorf where the station operated. Using a directional finding techniques, the agent located the transmission in the Northwest Bank building at 2550 Middle Road. When confronted by the agent, Britcher refused to let the station be inspected.

The Northwest Bank building’s management company locked out the radio pirates in October 2006, claiming the men owed back rent.

Kurt Allemeier can be contacted at (563) 383-2360 or kallemeier@qctimes.com.