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FCC Proposes $80K in Fines Against Four Pirate Operators


Federal Communications Commission
Federal Communications Commission

The Federal Communications Commission has proposed a combined $80,000 in fines against four individuals accused of operating illegal FM radio stations in New York and New Jersey, continuing its stepped-up enforcement under the PIRATE Act.

In separate Notices of Apparent Liability for Forfeiture released January 12, the FCC's Enforcement Bureau proposed $20,000 penalties against Etzer Toussaint of Spring Valley, NY; Robert Bekune of Irvington, NJ; Henderson Lennox Elcock of Brooklyn, NY; and Jean Boncoeur of Spring Valley, NY. Each case involves alleged willful and knowing operation of an unlicensed FM station that exceeded the limits for Part 15 unlicensed operation and lacked any FCC authorization.

According to the FCC, agents used field strength measurements, direction-finding techniques, and comparisons between over-the-air broadcasts and online streams to trace the signals to specific properties. In several cases, investigators also relied on station websites, signage, social media posts, and phone records to identify the individuals responsible for the broadcasts.

The Commission said pirate radio operations undermine spectrum management and can interfere with licensed broadcasters and public safety communications, including Emergency Alert System transmissions. Under the PIRATE Act, the FCC is authorized to impose significantly higher penalties than were available prior to 2020, with base forfeitures for pirate radio now set at $20,000 per violation.

Each of the four individuals has 30 days to either pay the proposed forfeiture or file a response seeking reduction or cancellation of the penalty.

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