Even as its enforcement authority faces legal uncertainty, the FCC’s crackdown on pirate radio is not letting up. In its sixth annual report to Congress under the Preventing Illegal Radio Abuse Through Enforcement Act Act, the Commission outlines another year of stepped-up action against unlicensed broadcasters.
Covering fiscal year 2025, the report shows the agency continuing to deploy the expanded enforcement authority Congress granted in 2020. The FCC again emphasized that pirate radio operations pose persistent risks to licensed broadcasters and public safety by interfering with authorized signals and emergency alert communications.
During FY2025, the Commission issued six forfeiture orders and ten Notices of Apparent Liability related to pirate broadcasting. Proposed and affirmed penalties reached into the millions, including a $2.39 million forfeiture against an operator in North Miami and a $920,000 penalty tied to activity in the New York City area. Enforcement activity remained concentrated in high-complaint markets such as New York, Massachusetts, Florida, Connecticut, Ohio, and Rhode Island.
The FCC also landed on several long-term consent decrees, reaching multiple settlements that require pirate operators to permanently cease broadcasting and adhere to 20-year compliance plans. Those agreements include substantial contingent penalties if violations resume.
That enforcement posture, however, now faces a significant legal test. Earlier this month, the US Supreme Court agreed to hear FCC v. AT&T, a case that could upend the Commission’s entire forfeiture framework and reshape how the agency enforces pirate radio, EAS compliance, and other broadcast rules.
The case arises from a Fifth Circuit decision that vacated a $57 million FCC fine against AT&T, finding the agency’s internal forfeiture process unconstitutional under the Seventh Amendment and Article III. The court ruled that imposing punitive civil penalties without first providing a jury trial violates constitutional protections, even though defendants can later challenge unpaid fines in federal court.
The FCC and Department of Justice strongly dispute that view, arguing that no penalty is collected until a federal court case is filed and that defendants ultimately receive full judicial review. If the Supreme Court sides with the Fifth Circuit, the FCC would be forced to pursue fines directly through the courts, converting administrative enforcement into full civil litigation. The agency has warned that such a shift would slow enforcement, strain Justice Department resources, and weaken real-time compliance oversight.
In Florida, unlicensed broadcaster Fabrice Polynice has already cited the Fifth Circuit ruling and SEC v. Jarkesy in an effort to overturn a $2.39 million forfeiture for repeated pirate radio operations, directly challenging the FCC’s authority to impose fines without a jury trial.
Beyond monetary matters, the 2025 PIRATE Act report showed increased scrutiny of landlords and property managers for properties where unlawful broadcasts were detected. The Enforcement Bureau issuing 28 notices in FY2025 warning that knowingly allowing pirate radio activity could result in sanctions.
The Commission also confirmed that its public-facing pirate radio database, launched in 2023, continues to be updated with enforcement actions and station data. Staffing levels remained unchanged under the Act in FY2025, though the FCC continues deploying mobile direction-finding vehicles and monitoring equipment to support field investigations.
