Yaargh! FCC Fines Property Owners for Helping “Pirates”

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The FCC for the first time proposed a fine against a property owner in addition to an alleged pirate radio operator. The Commission proposed the maximum fine allowed by law—$144,344—against North Miami residents, programmer Fabrice Polynice and Harold and Veronise Sido, who own the property where the station’s transmission equipment is located.

The Enforcement Bureau first received a complaint about unauthorized transmissions on 90.1 MHz in the North Miami area. After finding that the station was not authorized, Commission agents repeatedly warned both Polynice and the Sidos that unauthorized transmissions are illegal. Using a court order, authorities seized transmission equipment from the Sido residence in 2012, and issued a Forfeiture Order against Polynice in 2013. Polynice didn’t respond, according to bureau officials.

Despite knowing that these actions were illegal, Polynice apparently continued to operate the pirate station from the Sido residence, including posting video of themselves in their pirate studio to social media, according to the FCC. The Sidos apparently provided material support in the form of free use of their property, including the shed from which Polynice broadcast, as well as electricity and internet connectivity necessary for operation of the transmitter and antenna.   

Chairman Ajit Pai said Tuesday cracking down on pirate radio is a priority. The individuals in this case “appear to have ignored actions taken by the FCC and DOJ. Their “actions and that conduct is unacceptable.”

Polynice and the Sidos have 30 days to respond. Then, the Commission will review the response and any additional evidence, and may issue a final forfeiture order. If finalized, the Commission expects prompt payment of a fine. If a payment is not received within 30 days, the matter is referred to the DOJ for collection.

September 28, 2017              

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