Commissioners Unanimously Propose $144,344 Fine for Pirate
The full FCC unanimously approved a notice of apparent liability for a $144,344 fine for a repeat offender North Miami, Florida, pirate radio operator and his landlords at Tuesday’s meeting. Commissioner Jessica Rosenworcel said the fine is the first commission-level NAL for a pirate radio operator. The fine is the maximum amount allowable by statute, Enforcement Bureau staff said. Fabrice Polynice and landlords Harold and Veronise Sido will have an opportunity to respond to the NAL before the FCC votes on a final forfeiture order, bureau Chief Rosemary Harold said in a later news conference. She said she hopes other pirate radio operators will learn of the fine on social media.
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“We send a clear message to all pirate operators ... we will use the strongest enforcement tools within our disposal to end this illegal practice,” said Chairman Ajit Pai. The big number and the extension of the violation to the owner of the property where the station was operating is a big step forward for FCC in combating unlicensed operators, said David Donovan, president of the New York State Broadcasters Association and a vocal advocate for stronger pirate radio enforcement. Those actions would be “absolutely applicable in New York,” Donovan said in an interview. A former EB official said a heavier fine is generally a bigger deterrent, saying pirate radio operators are often recidivists.
Though supportive of the proposed fine, Commissioner Mike O’Rielly said it was “just pennies in the bucket” compared with the fines against other types of violators, and said Congress should amend the statute to allow bigger penalties. Pai and the other commissioners praised O’Rielly for pressing for a stiffer FCC response to pirate radio operators. “The previous commission leadership had a much different approach that was both destructive and misguided,” O’Rielly said.
The NAL text wasn't released, and a news release said Polynice and the Sidos were caught operating an unlicensed station first in 2012, and numerous times since. Polynice and Sido repeatedly were warned by the bureau but persisted in broadcasting, despite a $25,000 forfeiture order in 2013 and the seizure of their transmission equipment, EB staff said. Polynice principally broadcast, while the Sidos provided the use of their property, the release said: All three are “jointly and severally” liable for the fine.
Though Polynice’s equipment was seized in the past, Harold said the bureau didn’t pursue a seizure now since it apparently hadn’t been much of a deterrent and wasn’t a good use of resources. Equipment that can be used for pirate radio broadcasts has become much cheaper in recent years, and securing a warrant to seize equipment is an onerous process, the former EB official told us. Tuesday’s large fine suggests the bureau is pursuing multiple enforcement strategies to determine the most effective choice, the expert said.
Pirate radio stations are often targeted toward underserved minority groups, and that may be partially caused by FCC policies that have made it harder for minorities to purchase and operate stations, Commissioner Mignon Clyburn said. The FCC should examine proposals such as minority incubator programs, she said. Pai supported the measures suggested by Clyburn but hadn’t examined a link between a lack of diversity in broadcasting and pirate radio. “I don’t agree with that analysis,” said O’Rielly during a news conference. Pirate radio operators are “stealing” listeners from legitimate stations, he said.