FCC Proposes Massive Fines Against Boston Pirates

Two pirate operators in Boston will be issued massive fines for continuously operating despite multiple FCC warnings.

Gerlens Cesar’s “Radio TeleBoston” has been issued the larges possible fine ever issued to a pirate broadcaster for $453,015. Cesar operated from three transmitters on 90.1 and 92.1 at different parts of Boston and continued to operate after multiple written notices from the FCC.

Acerome Jean Charles has been operating Haitian targeted “Radio Concorde” on 106.3 in Boston causing interference to Beasley Media owned “Bloomberg 106.1” W291CZ Boston. A WGBH profile of the station last year indicates that the pirate has been in operation since 1993. He has been issued a $151,005 fine.

The Federal Communications Commission today proposed a $453,015 fine against Gerlens Cesar, the operator of an enterprise identifying itself as Radio TeleBoston, for apparent unlicensed and unlawful broadcasting. Today’s action marks the largest fine ever proposed by the FCC against a pirate radio operation. Cesar used three separate transmitters for his apparently unlawful broadcasting, resulting in three apparent violations of the law. The Commission proposed imposing the statutory maximum forfeiture amount for each of these three apparent violations.

Under the Communications Act, it is illegal to broadcast above certain low-power levels without a license from the FCC. Such pirate radio broadcasting can interfere with licensed communications including public safety transmissions.

Cesar apparently simulcasts Radio TeleBoston on three unauthorized transmitters on two different frequencies. His operation thus had the potential to cause interference in various locations in and around Boston and at different channels on the FM dial. As a result of the scale of this operation, its potential impacts, and its continuous nature, the Commission has proposed the maximum penalty amount for all three transmitters.

The FCC received complaints from residents of Boston and Randolph, Massachusetts of an illegal station operating at both 90.1 and 92.1 MHz. One of those complaints identified Cesar, owner of GC Computer, as the operator of Radio TeleBoston. FCC Enforcement Bureau field agents were able to locate the transmitters and determine that they far exceeded the allowable power level for unlicensed broadcasting. The Enforcement Bureau issued Cesar multiple written notices that his conduct was illegal and had to cease. Cesar nonetheless continued to broadcast Radio TeleBoston from multiple transmitters and frequencies, none of which were licensed, resulting in today’s proposed fine.

The proposed action, formally called a Notice of Apparent Liability for Forfeiture, or NAL, contains only allegations that advise a party on how it has apparently violated the law and may set forth a proposed monetary penalty. The Commission may not impose a greater monetary penalty in this case than the amount proposed in the NAL. Neither the allegations nor the proposed sanctions in the NAL are final Commission actions. The party will be given an opportunity to respond and the Commission will consider the party’s submission of evidence and legal arguments before acting further to resolve the matter.

The Federal Communications Commission today proposed the maximum allowable fine, $151,005, against Acerome Jean Charles, the operator of a longstanding unlicensed radio station in Boston, Massachusetts, called Radio Concorde. Despite FCC warnings, Jean Charles apparently continued to broadcast radio signals without a license at power levels requiring an FCC license.

The FCC received a complaint from a local Boston-area licensed broadcaster alleging that
Radio Concorde’s broadcasting on 106.3 MHz was interfering with the broadcaster’s new FM
translator station at 106.1 MHz. FCC Enforcement Bureau field agents investigated the
complaint and formally and repeatedly warned Jean Charles, instructing him to cease
unauthorized broadcasts, and outlining the consequences if he continued to do so.

Unauthorized radio broadcast stations—also known as pirate radio stations—operate illegally, undermine the Commission’s efforts to manage radio spectrum, and can interfere with licensed communications, including authorized broadcasts and public safety transmissions. Under the Act, “[n]o person shall use or operate any apparatus for the transmission of energy or communications or signals by radio” within the United States without a license granted by the FCC. Among the narrow exceptions to these rules, unlicensed low power operation in the FM broadcast band are permitted at very low power levels (250 microvolts/meter). Radio Concorde, according to evidence collected by FCC field agents, broadcast at much higher power levels and thus required a license. The apparently illegal radio station was broadcasting at 106.3 MHz from the Mattapan neighborhood in Boston.

The proposed action, formally called a Notice of Apparent Liability for Forfeiture, or NAL, contains only allegations that advise a party on how it has apparently violated the law and may set forth a proposed monetary penalty. The Commission may not impose a greater monetary penalty in this case than the amount proposed in the NAL. Neither the allegations nor the proposed sanctions in the NAL are final Commission actions. The party will be given an opportunity to respond and the Commission will consider the party’s submission of evidence and legal arguments before acting further to resolve the matter.

Two pirate operators in Boston will be issued massive fines for continuously operating despite multiple FCC warnings.

The Federal Communications Commission today proposed a $453,015 fine against Gerlens Cesar, the operator of an enterprise identifying itself as Radio TeleBoston, for apparent unlicensed and unlawful broadcasting. Today’s action marks the largest fine ever proposed by the FCC against a pirate radio operation. Cesar used three separate transmitters for his apparently unlawful broadcasting, resulting in three apparent violations of the law. The Commission proposed imposing the statutory maximum forfeiture amount for each of these three apparent violations.

Under the Communications Act, it is illegal to broadcast above certain low-power levels without a license from the FCC. Such pirate radio broadcasting can interfere with licensed communications including public safety transmissions.

Cesar apparently simulcasts Radio TeleBoston on three unauthorized transmitters on two different frequencies. His operation thus had the potential to cause interference in various locations in and around Boston and at different channels on the FM dial. As a result of the scale of this operation, its potential impacts, and its continuous nature, the Commission has proposed the maximum penalty amount for all three transmitters.

The FCC received complaints from residents of Boston and Randolph, Massachusetts of an illegal station operating at both 90.1 and 92.1 MHz. One of those complaints identified Cesar, owner of GC Computer, as the operator of Radio TeleBoston. FCC Enforcement Bureau field agents were able to locate the transmitters and determine that they far exceeded the allowable power level for unlicensed broadcasting. The Enforcement Bureau issued Cesar multiple written notices that his conduct was illegal and had to cease. Cesar nonetheless continued to broadcast Radio TeleBoston from multiple transmitters and frequencies, none of which were licensed, resulting in today’s proposed fine.

The proposed action, formally called a Notice of Apparent Liability for Forfeiture, or NAL, contains only allegations that advise a party on how it has apparently violated the law and may set forth a proposed monetary penalty. The Commission may not impose a greater monetary penalty in this case than the amount proposed in the NAL. Neither the allegations nor the proposed sanctions in the NAL are final Commission actions. The party will be given an opportunity to respond and the Commission will consider the party’s submission of evidence and legal arguments before acting further to resolve the matter.

The Federal Communications Commission today proposed the maximum allowable fine, $151,005, against Acerome Jean Charles, the operator of a longstanding unlicensed radio station in Boston, Massachusetts, called Radio Concorde. Despite FCC warnings, Jean Charles apparently continued to broadcast radio signals without a license at power levels requiring an FCC license.

The FCC received a complaint from a local Boston-area licensed broadcaster alleging that
Radio Concorde’s broadcasting on 106.3 MHz was interfering with the broadcaster’s new FM
translator station at 106.1 MHz. FCC Enforcement Bureau field agents investigated the
complaint and formally and repeatedly warned Jean Charles, instructing him to cease
unauthorized broadcasts, and outlining the consequences if he continued to do so.

Unauthorized radio broadcast stations—also known as pirate radio stations—operate illegally, undermine the Commission’s efforts to manage radio spectrum, and can interfere with licensed communications, including authorized broadcasts and public safety transmissions. Under the Act, “[n]o person shall use or operate any apparatus for the transmission of energy or communications or signals by radio” within the United States without a license granted by the FCC. Among the narrow exceptions to these rules, unlicensed low power operation in the FM broadcast band are permitted at very low power levels (250 microvolts/meter). Radio Concorde, according to evidence collected by FCC field agents, broadcast at much higher power levels and thus required a license. The apparently illegal radio station was broadcasting at 106.3 MHz from the Mattapan neighborhood in Boston.

The proposed action, formally called a Notice of Apparent Liability for Forfeiture, or NAL, contains only allegations that advise a party on how it has apparently violated the law and may set forth a proposed monetary penalty. The Commission may not impose a greater monetary penalty in this case than the amount proposed in the NAL. Neither the allegations nor the proposed sanctions in the NAL are final Commission actions. The party will be given an opportunity to respond and the Commission will consider the party’s submission of evidence and legal arguments before acting further to resolve the matter.