The FCC proposed what it says are its first, bigger fines against three alleged pirate radio operators. The penalties, totaling more than $2 million, are now possible under the Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act. 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 knowingly allow pirate radio broadcasting on their properties.
The Commission proposed the maximum penalty allowable, more than $2.3 million against César Ayora and Luis Angel Ayora for alleged pirate radio broadcasting in Queens, New York. It also proposed an $80,000 forfeiture against Thomas Barnes for alleged pirate radio broadcasting in La Grande, OR.
The FCC gained enhanced enforcement against suspected radio pirates under the Act, which Congress passed in January 2020. It includes higher penalties of up to $100,000 per day with a maximum of $2 million (now $115,802 and $2,316,034, respectively, adjusted for inflation).
The Enforcement Bureau proposed the maximum fine against the Ayoras for operating a pirate radio station known as “Radio Impacto 2” in Queens, NY. The bureau previously issued Luis Angel Ayora a $20,000 forfeiture in 2015, which he did not pay. In 2016, the U.S. Marshals Service executed a warrant and seized the Ayoras’ broadcasting equipment. As part of their PIRATE Act investigation, FCC Enforcement Bureau Agents found what they say were “scores” of apparent violations between March and September 2022, including multiple weekly on-air radio programs. The Ayoras also advertised their pirate radio station for no less than 25 weeks, according to the bureau, and continue to operate their unauthorized station to-date.
The bureau proposed a forfeiture against Thomas Barnes for operating a pirate radio station known as “Pirate Radio Eastern Oregon” in La Grande, OR. The bureau says Barnes received multiple warnings notifying him that operating a pirate radio station is a violation of the Communications Act, but he continued to operate the unauthorized station. Barnes eventually stopped the illegal operation on or before April 15, 2022, after the bureau told his landlord of the landlord’s potential liability if pirate radio operations were to continue on the property.
The parties will be given a chance to respond to the proposed Notice of Apparent Liability for Forfeiture. If they do respond, the Commission may consider their submission of additional evidence and arguments before acting further to resolve the cases.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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