In the past, the FCC has sent pirate stations a letter through their mail drop. This letter usually quotes the Commissions Rules, tells you that you are breaking the law and orders you to immediately cease operation and respond to their letter in writing within a certain period of time. Do not confuse this with a Notice of apparent liability; it is a scare tactic. It is sent because they are not able, can't afford, or don't have time to find you. If you recieve one of these letters you have not been busted. It may be wise to try to understand why you have suddenly captured the attention of the FCC, are you causing someone interferance, has your neighbor called them? Are you broadcasting in HAM bands? Are you on the air too often? You may not find the answer and there may not even be one.
Let's explore what has been reported by pirates who have been busted. Most say that they have been broadcasting, go off the air and suddenly men from the FCC show up and ask to inspect the station. Those who cooperate say the FCC inspects the equipment and asks a few questions about the pirate station. The story now begins to vary a little; some say the FCC photographed the equipment, recorded serial numbers, and left without futher comment. Others say the FCC immediately confiscated all equipment. Some say that they were ordered to read a prepared statement on the air saying they have been shut down by the FCC. Some were handed a Notice of Apparent Liability with a fine, others received them in the mail a few days later. And to complicate things even further, some pirates say the FCC didn't show up until at least a week after their last broadcast, and some say the FCC never showed up at all they just received a notice in the mail.
About the only thing that can be concluded from this information is that the FCC is unpredictable and it seems that their behavior and actions may vary widely. These variatons are likely linked to the year that the bust occured (the FCC seems less forgiving now than in the past), the location of the pirate, and the personality of the field operator.We do know that a Pirate may be fined $1,000 to $100,000 and receive up to one year in jail. I have found no evidence that any one has gone to jail for operating a pirate station. We also know that the FCC is notorious for violating a persons civil rights by announcing guilt of a pirate even before a trial, and performing illegal search and seizures. This is when a good lawyer can be very valuable.
Let's discuss how some pirates have responed to "the knock" and what their outcome has been. Some pirates believe that if the FCC has no search warrant you should not let them onto your property; simply say you dont know what they are talking about and invite them to leave. This has usually resulted in the FCC immediately leaving. In some cases the pirate recieved a "Notice" in the mail a few days later and ,in others, nothing further happened and the pirate wisely stopped operating, at least for a while. According to the law enforcement authorities I have interviewed, without a search warrant the FCC can only enter your property with your permission. However I have also found evidence that the FCC is enpowered by the Federal Government to search whenever and whatever they want, although past experiences have shown that they have not forcably searched private property without a search warrant. The law enforcement officers did say that if they do have a warrant, they will likely be accompanied by police or federal marshals and you would be wise to allow them to perform the search without resistance. This could avoid complicating your situation with an arrest charge for obstructing justice and resisting arrest. They went on to advise that you have a right to silence and you should use it; don't tell them anything, don't offer any information and don't talk to anyone except your lawyer. Anything you say could be taken out of context and used in court against you. A warrant only gives them the right to search your property; no one can make you talk. They also advise to video tape the search or at least turn on a tape recorder and record as much as you can. If your rights are violated or the search is performed improperly, the tape could help to prove this in court. Any information and evidence that is obtained in an illegal or unconstitutional search will not be accepted into court, this would include your transmitter and anything else they find. No evidence, No case.
Other pirates believe that you should cooperate as much as possible and hope the FCC will give you a break for being cooperative. So far all of the pirates I have talked to who have done this have ended up paying a fine in the end. However, sometimes it may be best to handle things peacefully and just pay your fine and get on with your life. Pirates have been sucessful in the past at convincing the FCC to reduce their fines because they have proven that they are not financially able to pay, some have arranged monthly payments, and some have gone to court and had everything dropped. But we must remember, there have been others who were not as lucky.
Many people will say that the FCC has no right to enforce their regulations. They say that the whole idea of the FCC is unconstitutional and unfair. They argue that the FCC can't bust them because they have no right to tell them they can't use the airwaves, after all they belong to the people, and what about free speech!? Well, all of that may be true and it is nice for speeches, but if you think the FCC cannot bust you and fine you for being a pirate, think again. Although it may not be fair, the world is not a fair place and they WILL bust you and they WILL fine you. It is not what we want to believe but it is fact, and we have to live with it (or around it).
How you decide to deal with an FCC bust is totaly up to you, it seems that no one has come up with the perfect solution. This chapter in no way should replace good legal advise, it is only intended to provide you with information and different points of view. What you do with it is up to you.
Good Luck