The maximum penalty for repeated infractions under the Congressionally approved PIRATE Act that may be levied by the FCC has increased to match inflation.
That’s one key revelation found in the Commission’s fifth annual report to Congress detailing the implementation and enforcement activities of the Preventing Illegal Radio Abuse Through Enforcement Act. Signed into law in January 2020, the act grants the FCC increased enforcement tools to deal with and punish unlicensed broadcasters.
With the latest report, the maximum monetary penalty has been raised from $2,391,097 to $2,453,218, while the per-violation fine is now $122,661.
For some, that’s still not enough, as enforcement of the forfeitures and the permanent shutdown of some of the nation’s worst pirate broadcasters — namely Haitian Creole “Radio Touche Douce” founder Fabrice Polynice, in North Miami, Fla. — remains the FCC’s weakest link in its bolster fight to bounce broadcasting buccaneers off the radio dial once and for all.
During FY 2024, the FCC reported conducting enforcement sweeps in the five markets with the most reported pirate radio activity, followed by six months of monitoring in those areas. The Enforcement Bureau also issued six forfeiture orders and 18 notices of apparent liability for pirate broadcasting violations, resulting in significant fines. Among the most notable were $2,316,034 each for César Ayora and Luis Ayora in the City of New York, and $2,391,097 for the aformentioned Polynice.
Other fines included penalties ranging from $40,000 to over $920,000 for operators in areas such as Boston; Wilkes Barre-Scranton; and in Oregon, with total fines exceeding $8 million in 2024.
The FCC also sent 41 notices to property owners and managers who were found to be knowingly allowing pirate radio broadcasts from their properties, 22 of which were linked to enforcement sweeps. The Commission continues to monitor these locations to ensure compliance and will take further enforcement action if necessary.
In addition to enforcement actions, the FCC updated its public pirate radio database, which was launched in January 2023, to reflect all activity through the end of December 2024.
To support its efforts, the Commission hired two additional full-time employees in 2024 and is in the process of hiring more staff. Six mobile direction-finding vehicles were also deployed to enhance investigative capabilities, and these vehicles are being outfitted with additional equipment to strengthen enforcement activities.
As Chairwoman Jessica Rosenworcel has stepped away from the Commission, incoming Chair Brendan Carr has expressed his continued support to monitor illegal broadcasts, hold operators accountable, and expand its enforcement tools to address this ongoing issue effectively.
— Additional reporting by Adam R Jacobson
