NYC-Miami Radio: FCC Proposes Fines For Pirate Radio Operators

The Federal Communications Commission Thursday proposed fines, totaling $1 million, against three pirate radio operators under the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act), for operating pirate radio stations in New Jersey and New York.  This was part of the 2024 NYC-area pirate radio sweep.

Pirate radio is an unauthorized transmission of radio signals on the frequencies in or adjacent to the FM and AM radio bands.  Pirate radio operations pose public safety risks, including causing harmful interference to licensed radio stations which transmit public safety emergency alert messages.  

The first penalty proposed by the Commission today is $920,000 against Masner Beauplan for operating an unauthorized radio station, known as “Radio Leve Kanpe” on 91.7 MHz in Irvington, New Jersey, and Maplewood, New Jersey, from November 2023 to January 2024.  The second penalty is against Raul Alcantara, against whom the Commission proposed a penalty of $40,000 for operating an unauthorized radio station, known as “Sabor FM” on 88.9 MHz in the Bronx, New York, from November 2023 to January 2024.  Finally, the Commission proposed a penalty of $40,000 against Wilner Baptiste for operating an unauthorized radio station, known as “M-One Radio Live” or “M-One Live Radio” on 94.1 MHz in Spring Valley, New York, from January 2024 to June 2024.

In Miami, the FCC imposed fines under against three pirate radio operators in Miami, who received Notices of Apparent Liability (NALs) in January 2024.  None of the operators filed responses as requested in the NAL. First, the Commission imposed a $358,665 penalty against Cameron Brown for pirate radio broadcasting in Miami-Dade County, Florida.  Brown has engaged in the longstanding illicit operation of an unauthorized radio station known as “The Plug.”  Second, the Commission issued a $120,000 forfeiture against Abdias Datis, a/k/a DJ AJ 305, for operating an unauthorized radio station on 91.7 MHz in Miami, Florida.  Datis has engaged in the longstanding illicit operation of an unauthorized radio station known as “Unique FM.”  Third, the FCC issued a $358,665 fine against Brindley Marshall for operating an unauthorized radio station on 97.7 MHz in Miami, Florida.  Marshall has engaged in the longstanding illicit operation of an unauthorized radio station known as “Hot 97.7 FM.”

Operating a pirate radio station is illegal under the Communications Act of 1934 and subject to the FCC’s enhanced enforcement capabilities enacted by Congress in the PIRATE Act of 2020.  Under the PIRATE Act, the FCC can fine pirate radio operators up to $119,555 per day and a statutory maximum of $2,391,097.  In addition to tougher fines on violators, the law requires the FCC to conduct periodic enforcement sweeps and grants the Commission authority to take enforcement action against landlords and property owners that willfully and knowingly permit pirate radio broadcasting on their properties.

The proposed actions, formally called Notices of Apparent Liability for Forfeiture, or NALs, contain only allegations that advise the parties on how they have apparently violated the law and may set forth proposed monetary penalties.  The parties will be given a 30-day period to respond to the NALs, and the Commission will consider the parties’ submissions of evidence and legal arguments before acting further to resolve the matter through a Forfeiture Order.