Three Enforcement Bureau items that will deliver big forfeitures to a trio of unlicensed FM radio operators in the Boston area have been approved in 4-1 votes by the FCC, putting these multicultural broadcasting buccaneers in the financial hot seat — if they decide to adhere to the Commission’s orders.
The fines for pirate radio activity came despite continued dissent from Republican Commissioner Nate Simington. He disapproved of the actions not because he approves of the unlicensed radio activity, but on the grounds that the FCC’s authority to levy and enforce forfeitures is in question following the Supreme Court’s ruling in SEC v. Jarkesy, thus limiting a federal agency’s delegated authority.
Receiving forfeiture orders are Renold David; João Vieira; and Djovany Pierre and Mario Turner. They step from a 2023 Pirate sweep conducted in New England’s biggest population hub.
David is the operator of “Lotnivo Radio” in Brockton, Mass. He used the 101.9 MHz frequency in Brockton for this unlicensed audio service. As such, he faces a $120,000 fine; service was detected four times between June and December 2023 by FCC Enforcement Bureau field agents. David had agreed to halt broadcasting after the FCC communicated with him; it learned of his involvement with “Lotnivo Radio” via Facebook. That operation, however, continued despite David’s assurances he’d shut down the operation.
For Vieira, a $40,000 fine was issued for operating on 102.1 MHz in Brockton as “Brockton FM.”
Pierre and Turner also received a $40,000 fine, for an unlicensed radio operation in Brockton at 96.5 MHz.
Section 511 of the Communications Act prohibits the use of public airwaves by unlicensed operators, on the grounds of harmful interference. There is also the damage to licensed commercially licensed broadcasters’ revenue presented by illegal stations with advertising support.
Commenting on the three forfeitures during the December Open Meeting on Wednesday morning, FCC Chairwoman Jessica Rosenworcel said, “At the Federal Communications Commission, we are stewards of the public airwaves. We help ensure that this vital resource is broadly available and free from harmful interference. And for those who fail to follow the rules, there are consequences. The three enforcement actions we announce today reinforce this fact. They also demonstrate our continued work to honor the responsibilities we have under the PIRATE Act.”
Rosenworcel added that she has “consistently put these actions on the monthly agenda because I think they are a way to honor the work of FCC staff in the field. These investigations involve agents in small FCC offices around the country. But the work they do is a big deal because when our personnel are out and about they help protect the public airwaves that we count on for so much in modern life. The same goes for our emergency response teams who deploy after disasters to do a front-to-back assessment of the state of communications.”
Each pirate radio broadcaster received a Notice of Apparent Liability for Forfeiture from the Commission in April 2024. None of the operators fined today filed a response to the Commission’s NALs. And, minus U.S. Marshals or other law enforcement authority, collecting these fines — even under the stronger “PIRATE Act” — remains the biggest question.
In Miami, pirate radio operators who have received the FCC’s largest fines by law remain on the air; public safety concerns have limited any raid of the biggest of the longtime buccaneers, Haitian Creole-formatted “Radio Touche Douce” at 90.1 MHz in North Miami, Fla.
