MIAMI SHORES, FLA. — For more than 25 years, unlicensed radio broadcasts have littered the FM dial from West Palm Beach to Homestead, with many of the signals used by pirate operators now assigned to low-power FM stations or FM translators under the full jurisdiction of the FCC.
Still, broadcasting buccaneers persist. Now, the FCC seeks to stop two elicit airwaves users in Miami-Dade County.
The FCC on Friday issued a $325,322 Notice of Apparent Liability for Forfeiture to Abdias Datis — “a repeat offender” — for his use of 91.7 MHz in the Biscayne Gardens area of Miami for an illegal radio operation branded as “Unique FM.”
Broadcasts were detected by the FCC’s reopened Miami Field Office on March 2, March 30, and November 17, 2024; and again on January 8, 2025; in the recent past the Commission had closed its Miami Enforcement Bureau office for budgetary reasons.
Biscayne Gardens is in the northern portion of Miami-Dade County and is a largely Black community, with those of Haitian and Caribbean descent alongside African-Americans.
To illustrate how challenging it has been for the FCC to squash unlicensed radio broadcasters in Miami-Dade County, the Commission notes in its NALF that Datis, using the moniker “DJ AJ” or “DJ AJ 305,” has been directly involved in the operation of the station since at least 2018. Over nearly seven years, “Unique FM” was found to be operating eight times from five different locations. This led the Commission on January 26, 2024, to issue a Notice of Apparent Liability against Datis. It proposed a $120,000 forfeiture for engaging in pirate radio broadcasting on February 2, February 25, and March 4, 2023, specifically.
To little surprise, Datis didn’t respond to the NALF; a forfeiture order was sent to Datis on September 30, 2024. But, Datis ignored that too. And, he made it easy for Enforcement Bureau agents based in Miami to find him, as social media posts connected to “Unique FM” included connections to the Biscayne Gardens home used as its current broadcast site and a phone number associated with Datis.
The other NALF was sent to Aaron Streeter of Miami Gardens, Fla., for operating an unlicensed FM radio station at 89.1 MHz dubbed “Da Pound FM.” Miami field agents on on March 2, 2024; March 30, 2024; and January 8, 2025 found broadcasts from a residence on NW 158th Street in the heavily Black community that is home to Hard Rock Stadium.
Agents observed and photographed an FM broadcast antenna located in the rear of the Miami Gardens property with a coaxial cable running from the antenna into a separate structure resembling a shed in the backyard, the NALF states.
What’s perhaps the most vexing to the FCC and its Miami field agents is that they talked to Mr. Streeter in March 2024 and told him to shut down his pirate radio station. On November 17, the agents did a verification that there was no broadcasting at 91.7 MHz by Streeter. That was the case. However, Streeter didn’t live up to his promise. On January 8, 2025, agents returned to the area and heard “Da Pound FM” broadcasting again — and on the 89.1 MHz frequency.
Now, the Commission under Chairman Brendan Carr believes it is getting tougher, thanks to abilities given to the Commission under the “Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act).” A $60,000 proposed fine has been issued to Streeter.
But, there is a missing link in stopping Streeter and Datis: enforcement. Without U.S. Marshals and law enforcement, fully extinguishing a pirate radio operation in the Miami area may be difficult and could put Enforcement Bureau agents in harm’s way. This was established in the early 2000s, through a series of Miami Herald articles detailing the high level of unlicensed radio broadcast activity.
For today’s FCC, the actions “send a clear message that the FCC takes seriously its responsibility to enforce federal law prohibiting unauthorized broadcast signals and puts other pirate radio operators on notice that the FCC will take action against their unlawful operations.”
“The FCC will not tolerate unlicensed radio broadcasting. It’s that simple,” said Carr. “Licensed radio stations have invested time and money into their operations and are relied on by the listening public for news, entertainment, and even life-saving warnings. Pirate operations break the law and get in the way of these important services.”
In a general notice, the FCC explained that these are proposed actions, which contain only allegations that advise a party on how it has apparently violated the law and may set forth a proposed monetary penalty.
The proposed monetary penalty is something Republican Commissioner Nate Simington has a problem with, and explains his dissent in each NALF issuance. Based on the Loper Bright and SEC v. Jarkesy Supreme Court rulings in 2024, Simington believes there is no clear indication that the FCC has the right to set and enforce financial forfeitures until Congress clearly establishes this.
In the meantime, each pirate broadcaster is afforded the opportunity to respond. The Commission will consider the parties’ submission of evidence and legal arguments before acting further to resolve these matters.
