FCC Proposes First PIRATE Act Fines Totaling Over $2M

RADIO ONLINE | Thursday, March 16, 2023

Federal Communications Commission

The FCC has proposed its first fines under the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act) against three pirate radio operators. First, the Commission proposed the maximum penalty allowable, $2,316,034, against César Ayora and Luis Angel Ayora for pirate radio broadcasting in Queens, NY. Second, the Commission proposed an $80,000 forfeiture against Thomas Barnes for pirate radio broadcasting in La Grande, OR.

The PIRATE Act provides the FCC with additional enforcement authority, including higher penalties against pirate radio broadcasters of up to $100,000 per day with a maximum of $2 million (now $115,802 and $2,316,034, respectively, adjusted for inflation). In addition to tougher fines on violators, the law requires the FCC to conduct periodic enforcement sweeps and grants the Commission authority to take enforcement action against landlords and property owners that willfully and knowingly permit pirate radio broadcasting on their properties.

The Commission proposed the maximum penalty allowable under the PIRATE Act, $2,316,034, against César Ayora and Luis Angel Ayora for operating a pirate station known as "Radio Impacto 2" in Queens, NY. The Commission previously issued Luis Angel Ayora a $20,000 forfeiture in 2015, which he did not pay. In 2016, the U.S. Marshals Service executed a warrant and seized the Ayoras' broadcasting equipment. As part of their investigation, FCC Enforcement Bureau Agents found scores of apparent violations between March and September 2022, including multiple weekly on-air radio programs. The Ayoras even advertised their pirate radio station for no less than 25 weeks, and continue to operate their unauthorized station to date.

The Commission also proposed an $80,000 forfeiture against Thomas Barnes for operating a pirate radio station known as "Pirate Radio Eastern Oregon" in La Grande, OR. Barnes received multiple warnings notifying him that operating a pirate radio station is a violation of the Communications Act, but nonetheless he continued to engage in unauthorized radio broadcasting. However, Barnes ceased operation on or before April 15, 2022, after the Bureau notified his landlord of the landlord's potential liability under the PIRATE Act if pirate radio operations were to continue on the property.