FCC Cracks Down on Pirate Radio in NYC and Miami

RADIO ONLINE | Thursday, September 26, 2024

Federal Communications Commission (FCC)

The FCC took significant enforcement actions on Thursday against illegal radio broadcasting operations in both the New York City and Miami areas, imposing and proposing fines that highlight the agency's ongoing crackdown on pirate radio under the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act).

In the New York City area, the FCC proposed fines totaling $1 million against three pirate radio operators. These fines, announced as part of the 2024 NYC-area pirate radio sweep, stem from unauthorized radio transmissions that occurred in New Jersey and New York.

The largest penalty, $920,000, was proposed against Masner Beauplan for operating "Radio Leve Kanpe" on 91.7 MHz in Irvington and Maplewood, New Jersey, from November 2023 to January 2024. Additionally, the FCC proposed fines of $40,000 each against Raul Alcantara, who operated "Sabor FM" on 88.9 MHz in the Bronx, NY and Wilner Baptiste, who ran "M-One Radio Live" on 94.1 MHz in Spring Valley, NY.

These proposed fines (aka Notices of Apparent Liability for Forfeiture or NALs) allow the operators 30 days to respond with evidence or legal arguments. Final penalties will be determined by a Forfeiture Order, after which unpaid fines may be referred to the Department of Justice for collection.

Simultaneously, the FCC finalized fines against three Miami-based pirate radio operators who had failed to respond to NALs issued in January 2024. The Commission imposed a $358,665 fine on Cameron Brown for operating "The Plug" in Miami-Dade County. Abdias Datis, also known as DJ AJ 305, was fined $120,000 for operating "Unique FM" on 91.7 MHz in Miami, and Brindley Marshall was fined $358,665 for operating "Hot 97.7 FM" on 97.7 MHz in Miami.

Pirate radio broadcasting is illegal under the Communications Act of 1934, and the FCC's enforcement efforts have been strengthened by the PIRATE Act of 2020. The Act enables the FCC to impose higher penalties, with fines reaching up to $119,555 per day and a maximum of $2.39 million. It also allows the FCC to hold landlords and property owners accountable if they knowingly permit pirate radio operations on their premises.

Chairwoman Jessica Rosenworcel and Commissioners Carr, Starks, and Gomez approved the actions, while Commissioner Simington dissented. In a statement, Chairwoman Rosenworcel emphasized the importance of cracking down on pirate radio operators to protect public safety and ensure licensed broadcasters' airwaves remain interference-free.