FCC Proposes NALs Totaling $857K+ For Pirate Operators

 

The Federal Communications Commission Thursday proposed fines against seven pirate radio operators under the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act) for operating six pirate radio stations.  

These pirate radio stations, investigated during the Enforcement Bureau’s sweep in the Boston area under the PIRATE Act, now face proposed fines totaling $857,775.

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.  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 in 2020.  Under the PIRATE Act, the FCC can fine pirate radio operators up to $119,555 per day and a maximum of $2,391,097, as adjusted for inflation.

The PIRATE Act increases possible penalties for illegal broadcasting, 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.  

Thursday, the Commission proposed a $597,775 fine under the PIRATE Act against Jean Marius, the operator of the pirate radio station “Radio Tele Planet Compas” in Brockton, Randolph, and Mattapan, MA.  Renold David, operator of the pirate radio station “Lotnivo FM” in Brockton faces a $120,000 fine, and Shane Kelly, the operator of the pirate radio station “The Test 87.9 FM” in Hyannis, MA, faces a $20,000 fine.  In addition, the following pirate radio operators each face $40,000 in fines: Joao Vieira, operator of the pirate radio station “Brockton FM” in Brockton; Robert Bellinger, operator of a pirate radio station, known as “TBR Radio” in Cotuit, MA; and Djovany Pierre and Mario Turner, operators of the pirate radio station, known as “Radio Tele Brockton 96.5” or “Brockton Heat”, in Brockton.  

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 Commission may not impose greater monetary penalties in these cases than the amount proposed in the NALs.  Neither the allegations nor the proposed sanctions in the NALs are final Commission actions.  The parties will be given an opportunity to respond, and the Commission will consider the parties’ submissions of evidence and legal arguments before acting further to resolve the matter.