WASHINGTON, D.C. — The FCC Enforcement Bureau on Wednesday issued 16 warnings to landowners in the New York Tri-State Area, located in the Garden State and in Empire State, for apparently allowing unlicensed radio broadcasting from their property.
The cease-and-desist actions are a result of the PIRATE Act, and it puts the landlords on notice that they could end up with a $2 million fine if the property owner doesn’t take measures to stop any individual or entity who is considered to be a broadcasting buccaneer.
“The law is clear: owners can no longer turn a blind eye to pirate radio operations on their property,” said Enforcement Bureau Chief Loyaan A. Egal. “Such activities can interfere with licensed broadcast signals and do not meet the emergency alerting responsibilities of lawful radio stations.”
The “Notices of Illegal Pirate Radio Broadcasting” sent today are warnings, and could lead to a Notice of Apparent Liability for Forfeiture from the FCC.
The 16 properties were identified by Enforcement Bureau field agents as sources of pirate radio transmissions during its 2022-2023 New York Pirate Sweeps. 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 ceases on the property; and request identification of the individual(s) engaged in the illegal broadcasting.
That’s one key provision of the PIRATE Act, passed by Congress and signed into law to provide the Enforcement Bureau and the Commission more oomph in getting unlicensed radio broadcasters to cease transmissions once and for all.
This includes higher penalties against pirate radio broadcasters, with up to inflation adjusted amounts of $115,802 per day and a maximum fine of $2,316,034 now assessable.
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.
Who, specifically, were the Notices of Illegal Pirate Radio Broadcasting sent to?
The property owners are listed here: https://www.fcc.gov/document/fcc-issues-landowner-warnings-allowing-illegal-radio-broadcasts. They range from “R&R Management” in Elizabeth, N.J., which was warned about an unlicensed FM radio station at 90.9 MHz originating from a property it owns in Irvington, N.J.; to Newkirk 2215 LLC in Brooklyn, for the apparent unlicensed FM broadcasts detected on 100.7 MHz from a property on Newkirk Avenue.
Alex Siciliano, the NAB’s Senior Vice President of Communications, was particularly pleased with the action.
“NAB congratulates the FCC on its recent enforcement actions against illegal broadcast pirate operations,” he said late Tuesday. “Pirate radio stations interfere with both licensed broadcast stations and air traffic control systems. In recent years, reductions of FCC field enforcement led directly to increased pirate activity and required Congressional action to provide the additional tools necessary to effectively combat these illegal operators by placing liability on the landowners who facilitate them. With full funding of the 2020 PIRATE Act now in place, NAB looks forward to regular enforcement sweeps that will help maintain order on the public airwaves.”
