The FCC’s decision to impose fines on three unlicensed radio operators in the Boston area has again drawn criticism from Republican Commissioner Nate Simington. The fines, totaling $200,000, were levied during the Commission’s final Open Meeting of 2024.
While Simington does not condone unlicensed broadcasting, he has expressed concerns about the FCC’s authority to levy these fines in light of a recent Supreme Court ruling in SEC v. Jarkesy. The case limits the ability of federal agencies to impose and enforce penalties without clear congressional authorization, raising questions about the FCC’s delegated authority under the PIRATE Act.
The fines were issued to Renold David for “Lotnivo Radio,” João Vieira for “Brockton FM,” and Djovany Pierre and Mario Turner for a separate unlicensed station. All three operators declined to respond to the FCC’s Notices of Apparent Liability issued earlier this year.
FCC Chairwoman Jessica Rosenworcel defended the enforcement actions, citing the Commission’s role as a steward of the public airwaves. She emphasized, “We help ensure that this vital resource is broadly available and free from harmful interference. And for those who fail to follow the rules, there are consequences.”
Despite Simington’s disapproval of the FCC’s authority to fine pirate operators, the practice is likely to continue under the soon-to-be Republican FCC led by Chairman-designate Brendan Carr, who voted in favor of the enforcement actions.
The rest of the Open Meeting saw the full Commission approve updates to several broadcast radio rules, like eliminating rules tied to paper applications, refining AM technical regulations to allow station optimization, and simplifying who may sign broadcast applications. The updates also make filing public objections to Media Bureau applications more accessible.
