FCC Sends Nine Pirate Radio Warnings To Landowners | Radio & Television Business Report


You’ve been warned, landlords. That’s the message the FCC’s Enforcement Bureau delivered on Friday via nine Notices of Illegal Pirate Broadcasting sent to landowners in the Boston area.

Who the landowners are and what the pirate radio stations are doing was not immediately shared by the Commission, which noted on Friday that it may issue a fine exceeding $2 million — if it determines that the landowners continue to permit any individual or entity to engage in pirate radio broadcasting from a property that they possess or oversee.

However, in separate communication, the Enforcement Bureau provided details on the recipients:

  • New Fellowship Baptist Church, in Dorchester, Mass. (It received two complaints, for broadcasts at 87.7 MHz and 88.5 MHz)
  • Hugues T. St. Fleur and Clauda St. Fleur, in Randolph, Mass.
  • Marie C. Pierre, in Brockton, Mass.
  • Andre O. Jeanty and Racimene Jeanty Reme, in Brockton, Mass.
  • Robert Perello, in Mattapan, Mass.
  • Pierre H. Napoleon, in Brockton, Mass.
  • Jean N. Chery and Marie C. Chery, in Mattapan, Mass.
  • Pierre Forges, in Boston

The nine notices do not involve Radio TeleBoston, and one Gerlens Cesar. Four years ago, the FCC under Ajit Pai proposed a $453,015 fine against Cesar, determined to be the operator of the unlicensed radio operation. Enforcement, however, was the immediate question following the release of the FCC fine.

Today, the PIRATE Act enacted by Congress gives more firepower to the Commission. As such, it is now aggressively going after the property owner when it is determined illegal transmissions are originating from a site they are legally bound to.

“Property owners that continue to allow pirate radio operations on their properties can face serious consequences because these illegal operations can interfere with licensed broadcast signals and their ability to provide emergency alert system notifications,” said Loyaan A. Egal, Chief of the Enforcement Bureau.

The Notices of Illegal Pirate Radio Broadcasting sent today target properties identified by Enforcement Bureau field agents in Boston as sources of pirate radio transmissions.

To be clear, they are not proposed forfeitures. Rather, the notices formally notify landowners of the illegal broadcasting activity occurring on their property; inform landowners of their potential liability for permitting such activity to occur on their property; demand proof that the illegal broadcasting has ceased on the property; and request identification of those engaged in the illegal broadcasting.

The PIRATE Act provides the FCC with additional enforcement authority, including higher penalties against pirate radio broadcasters of up to inflation-adjusted amounts of $115,802 per day with a maximum of $2,316,034.

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.

Unlicensed radio broadcasters have been a nuisance in greater Boston for more than 15 years, with Dorchester emerging as a hotbed of activity in June 2008.


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