Miami Radio: Pirate Challenges FCC Over $2.4M Fine

Fabrice Polynice, known as DJ Paz, is contesting a $2.4 million FCC fine for allegedly running an unauthorized radio station, "Radio Touche Douce," on 90.1 MHz for 22 days in early 2023. 

The FCC, which issued the penalty on June 6 via Forfeiture Order (FCC 25-32), labels Polynice a repeat pirate broadcaster since 2012. 

In response, Polynice, represented by attorney Dan J. Alpert, has filed a petition for reconsideration, challenging both the fine’s amount and the FCC’s authority to impose it.

Polynice argues the fine is excessive given his average annual income of under $16,000 over the past three years, as shown in financial documents. 

DJ Paz

The FCC denied his request for a reduction, citing his broadcasting history. 

His petition leans on the 2024 Supreme Court ruling in SEC v. Jarkesy and the 2025 Fifth Circuit decision in AT&T v. FCC, which question the constitutionality of agency-imposed civil penalties without jury trials. 

Polynice’s team asserts that the FCC’s process—acting as prosecutor, judge, and jury—violates the Seventh Amendment, as highlighted in Jarkesy.

The petition also cites a white paper by former FCC deputy general counsel Peter Karanjia, which argues the FCC’s forfeiture process may be unconstitutional post-Jarkesy without Congressional reform. 

Polynice notes that FCC fines, which go to the U.S. Treasury, are punitive, not compensatory, and thus require Article III court adjudication with a jury.

Polynice requests the FCC withdraw its order, warning that failure to do so could lead to federal court action, potentially reshaping how agencies enforce penalties.