Simington Challenges FCC’s Right To Fine Pirate Radio Operators

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    A major mission of FCC Chairwoman Jessica Rosenworcel is to target unlicensed radio broadcasters, but as six more pirate operators are fined, one Commissioner is now challenging the organization’s authority to levy these multi-million dollar penalties.

    The newly affirmed fines in question affect the Miami and New York City areas. One of the most notable fines was issued against Polynice Fabrice, operator of Radio Touche Douce on 90.1, who was hit with a $2.39 million fine at the start of 2024. Despite the hefty penalty, reports indicate the station continues to broadcast.

    Three additional unlicensed stations in Miami-Dade County were also penalized. Cameron Brown was fined $358,665 for operating The Plug, Abdias Datis received a $120,000 fine for running Unique FM on 91.7, and Brindley Marshall was fined $358,665 for his operation of Hot 97.7 FM, a pirate station that has plagued the Miami airwaves for decades.

    In New York, fines were proposed against three unauthorized operators. Masner Beauplan was hit with a $920,000 fine for Radio Leve Kanpe on 91.7 in Irvington, NJ, while Raúl Alcantara and Wilner Baptiste face $40,000 fines for Sabor FM on 88.9 and M-One Radio Live on 94.1, respectively.

    Despite these actions, Republican FCC Commissioner Nate Simington dissented, citing new Supreme Court precedent with the end of the “Chevron deference.”

    Simington said, “Under new and controlling Supreme Court precedent, the Commission’s authority to assess monetary forfeitures as it traditionally has done is unclear. Until the Commission formally determines the bounds of its enforcement authority under this new precedent, I am obligated to dissent from any decision purporting to impose a monetary forfeiture. I call on the Commission to open a Notice of Inquiry to determine the new constitutional contours of Commission enforcement authority.”

    The PIRATE Act, implemented on January 24, 2020, bolstered the FCC’s ability to target unlicensed radio operations, extending its reach to property owners and managers who allow pirate stations on their premises. In 2023, the FCC issued its first fines under the act, including a record penalty of $2,316,034 against operators in Queens. In 2024, the maximum penalty under the PIRATE Act was increased by $75,000 to $2,391,097, accounting for inflation.

    4 COMMENTS

    1. The steep fines have not been a deterrent. The illegal broadcasting continues. The govt should determine why these broadcast are occuring. Is it that someone wants a hobby radio station? Do someone feel like broadcasting is a “right’ rather than a licensed privilege? For the hobbies, we need a one watt service similar to New Zealand. For those that think they have rights to just pop on the air however and where ever they wish, that issue will always be with the industry and the only solution is the “wack a mole” method. Meanwhile the problem continues.

    2. Lawlessness continues to pervade American culture. Pirate stations must stop! The FCC must continue to close down their illegal operations, impose and collect steep fines, thereby protecting the legal licensees!

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