In a historic move that cements the Pai Commission as one that will not tolerate unlicensed radio broadcasters, the FCC on Thursday proposed a $453,015 fine against an individual determined to be the operator of a Boston-area pirate radio operation.
Branded as “Radio TeleBoston,” the illegal FM used no less than three signals without a license as a service to Boston’s underserved Haitian community.
Now comes enforcement, which could be difficult.
Behind the operation identifying itself as “Radio TeleBoston” is Gerlens Cesar.
According to the Commission, Cesar identified himself as the individual behind Radio TeleBoston.
As such, he is facing the largest fine ever proposed by the FCC against a pirate radio operation.
That’s thanks to a technicality.
While $151,005 is the statutory limit for a pirate radio broadcast, this is tied to a single frequency.
Cesar used three separate transmitters for his apparently unlawful broadcasting, resulting in three apparent violations of the law, the FCC explained.
Three unauthorized transmitters on two different frequencies are tied to Radio Tele Boston.
The FCC received complaints from residents of Boston and Randolph, Mass., of illegal stations operating at both 90.1 MHz and 92.1 MHz.
Randolph is a South Boston city, and here locals should be able to clearly tune to WUMB-FM 91.9, the University of Massachusetts-Boston noncomm, and WPRO-FM 92.3 from Providence — a Class B monster owned by Cumulus Media.
Boston College‘s WZBC-FM 90.3 was also subject to interference.
One of those complaints identified Cesar, owner of GC Computer, as the operator of Radio TeleBoston.
In October 2017, it was determined that two transmitters on 92.1 MHz were being used in addition to the 90.1 MHz unlicensed facility.
After “multiple written notices” from the FCC, Cesar continued to broadcast Radio TeleBoston from multiple transmitters and frequencies, none of which were licensed.
This results in the proposed fine, which could — or could not — be enforceable.
Case in point: Polynice Fabrice, the brazen operator of Radio Touche Douce in North Miami, Fla. As of Wednesday evening (12/11), his unlicensed operation remained on-air despite receiving the then-maximum forfeiture of $144,344 from the FCC.
It is one reason why FCC Commissioner Mike O’Rielly has pushed for the Senate’s passage of the PIRATE Act, which has already cleared the House of Representatives.
On November 14, O’Rielly told attendees of the Massachusetts Broadcasters Association‘s Sound Bites 2019 conference that Senate passage of the ‘PIRATE Act’ is imminent and that we should see it signed into law in the near term.”
It was mid-May that the Act advanced in the Senate, easily clearing the Senate Commerce Committee, headed by Mississippi Republican Roger Wicker.
The PIRATE Act would increase fines for illegal pirate operations from $10,000 per violation to $100,000 per day per violation, up to a maximum of $2 million, and streamlines the FCC’s enforcement.
Senate legislation was introduced by Steve Daines (R-Mont.) and sees one co-sponsor, Gary Peters (D-Mich.).
Consideration of the PIRATE Act, S.1228, by the Senate came in reaction to a plea from broadcaster associations from all 50 states, the District of Columbia and Puerto Rico who united to persuade the two most powerful members of the U.S. Senate to pass the bill.
Meanwhile, Radio Tele Boston is soliciting donations from listeners to fund its operations.
Programming is largely comprised of Patois, Haitian Creole, shows ranging from evangelical religious prayer services to a show from attorney Mark Ruby.
