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FCC Issues Six-Figure Fines Against MA, NJ Pirates


Federal Communications Commission (FCC)
Federal Communications Commission (FCC)

The Federal Communications Commission has levied significant penalties against two unlicensed radio operators in separate enforcement actions, continuing its crackdown under the PIRATE Act.

In Massachusetts, the Commission proposed a $60,000 fine against Radio Energy, Inc. and its president Pelege Marcellin for operating unauthorized AM stations in Mattapan and Brockton under the name Radio Energy Boston. Agents from the FCC's Boston Field Office traced signals on 1620 kHz and 1640 kHz to commercial buildings where antennas and transmission lines exceeded legal limits for unlicensed use. Both signals carried programming that matched the online stream of Radio Energy Boston.

Marcellin, listed as the sole officer of Radio Energy, Inc., had publicly promoted his ownership of the outlet as a hub for Haitian music. The FCC found that both he and the company "willfully and knowingly" engaged in pirate radio broadcasting. The proposed forfeiture includes upward adjustments due to the simultaneous operation of two separate unauthorized stations, which the agency said increased the risk of interference with licensed broadcasts and public safety alerts.

Separately, the Commission finalized a $920,000 forfeiture against Masner Beauplan of Middletown, NY, for operating Radio Leve Kanpe on 91.7 MHz in Irvington, New Jersey. The fine reflects 46 days of illegal broadcasts between November 16, 2023, and January 8, 2024. The FCC said Beauplan did not respond to its earlier Notice of Apparent Liability, leading to adoption of the full penalty.

In its order, the FCC emphasized that pirate radio threatens the integrity of the spectrum and can disrupt authorized broadcasts and Emergency Alert System transmissions. If unpaid, the Beauplan case may be referred to the U.S. Department of Justice for collection.

The actions reflect the Commission's continued enforcement of the Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act, which raised maximum fines for unlicensed broadcasting to $100,000 per day and $2 million in total.

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