Radio pirates make waves as officialdom turns deaf ear

Illegal radio is flourishing

Illegal radio is flourishing. There are between 50 to 60 stations broadcasting illegally without a licence throughout the State.

In Dublin alone there are about 25 stations offering jazz, hip-hop, dance, techno, new age, indie, rap, rock, pop, soul, and even country and traditional Irish.

Pirate radio was meant to disappear 10 years ago when the Radio and Television Act was passed and the Independent Radio and Television Commission (IRTC) established. Pirate stations were told then that if they wanted to be considered for a licence they must close.

If they remained on air the full force of the State's agencies would be brought down upon their heads.

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According to the Office of the Director of Telecommunications Regulation (ODTR), there have been no prosecutions in recent years. The only action it has taken has been to warn some stations which have advertised that they are breaking the law. The ODTR's priority, though, is to put the pirates off air, according to a spokesman.

At least one station, Radio Dublin, pre-dates the 1988 Act. Others have been operating consistently for five years or more, with proper studio facilities. More often than not, stations operate irregularly, from garden sheds or spare bedrooms.

For years the commercial independent stations and the IRTC have been calling on the authorities to stop the pirates. This week South East Radio in Wexford took out an injunction to stop a local pirate from transmitting as it was interfering with South East Radio's signal.

This is the first time a radio station has taken action. Other stations, however, have shown interest in South East's action.

In Dublin, Power FM, broadcasting for the past five years on 98.7 FM, does not see itself as part of a problem that must be stamped out. Its station manager, Mr Stephen Kearns, says it is harming no one. He understands why it has never been closed.

"The gardai have more important things to do than bother about a few lads running a radio station. So long as we don't voice political opinions, talk about drugs or use a lot of bad language which might annoy some people who might complain, or act stupid, we won't be hassled."

Power FM plays hip-hop, techno and other electronic music. Its listeners are aged 18 to 26 "or even older". Mr Kearns is not sure if he would like a licence. It would limit the station, force it to change. It would have to produce news and justify its music policy, he says.

Tony Walsh is a DJ with Power FM. He also has a session in The Pod's Chocolate Bar on Fridays. The numbers listening to pirate stations are small but have specialised tastes in music, he says. Also, pirate radio offers young DJs a place to demonstrate their talents.

There is a gap in the market that is not being filled by either 98 FM or FM 104, which, Walsh says, plays "musical wallpaper".

There was a time when Mr Dermot Hanrahan, the chief executive of FM 104, was vociferous in denouncing the pirates and the Government for doing nothing about them. Now that his station is the top music station in Dublin he is not quite as bothered. The difference now is that music tastes have changed and the emergence of bands like Oasis, The Verve or Blur appeal to a target audience that includes young adults and the middle-aged.

A few years ago FM 104 feared losing its young listeners to pirates playing dance music. Now, Hanrahan says, the pirates are not a problem and their audience has collapsed. Furthermore, he does not believe the politicians will do anything about them anyway.

Pirate radio is for "anoraks", he says. Tony Walsh prefers to see them as lovers of specialist music or enthusiasts, an extension of the club scene. Collectively the Dublin pirates are attracting about 5 per cent of the capital's radio listeners.

Today FM has also protested about Radio Dublin sitting on its frequency, but nothing has been done about it, according to the former's marketing manager, Dave Hammond. Today FM is not interested in closing pirates, he says, but does think it is something the authorities should deal with.

"In 1988 they warned that if anyone even lifted a screwdriver in a pirate station they would be fined £10,000 and put in prison. The legislation has never been used", he said.

Mr Charlie Collins, who runs Donegal's Highland Radio, says two pirate stations are taking both advertising revenue and listeners from his station. Highland cannot compete against Tyrone Community Radio and Radio North. Both stations broadcast from the Republic as the UK authorities would close them, he says.

The IRTC is aware of the problem and has made representations to the authorities. It is currently dealing with an unusual problem in Limerick where the station that lost its licence is broadcasting via the Astra satellite with a licence from the British radio authorities. The signal is being rebroadcast illegally in Limerick "by persons unknown", according to the IRTC's chief executive, Mr Michael O'Keeffe. A legal challenge is being prepared and representations are being made to the radio authorities in Britain.

The IRTC has issued many new licences in recent years for community and special-interest stations. A second special-interest licence has been advertised in Dublin which, it is believed, will go to a dance music station.

The fear seems to be that the longer the pirates are left alone the more credibility they will have and the greater likelihood that "super pirates" will develop, such as Nova or Sunshine in the late 1980s. Already pirate radio aficionados are talking of the Dublin pirate, Pulse, offering a service that would warrant being given a licence.

The resurgence of pirate radio does pose questions about broadcasting policy. Compared to other countries, Ireland does not have many radio stations. Cities of similar size to Dublin around the world have up to 30. They find their markets in small niches unlike Irish stations which seek audiences ranging from 25 to 44 years. Trying to please such a wide range of people will invariably lead to people finding their own radio space.

That space is being found as radio frequencies are now less scarce than they once were. The prospect of digital broadcasting will open up the airwaves even further, in theory allowing hundreds of new stations.

Some of the smaller stations and community stations currently forced to go through the IRTC's regulatory hoops to get a licence, with strict conditions and frequent monitoring, must wonder why they do it. It appears they could just set up their transmitter and broadcast and, as long as they keep to Stephen Kearns's few rules, no one will bother them.