The FCC has proposed a total of $6,412,068 in fines against three New York area pirate radio operators under the PIRATE Act.
The FCC has proposed a maximum $2,316,034 fine against Johnny Peralta for operating “La Mia Radio” on 105.7 in the Bronx since 2018. The same amount has been proposed against Dexter Blake for “Linkage Radio” on 101.5 in Mount Vernon. A $1,780,000 penalty was issued for Matthew Bowen for 89 violations against “Triple9HD” 99.9 Brooklyn.
The Federal Communications Commission today proposed fines against three pirate radio operators under the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act). This includes pirate radio stations in the Bronx, Mount Vernon, and Brooklyn, New York that may face fines totaling $6,412,068.
Pirate radio is an unauthorized transmission of radio signals on the frequencies in or adjacent to the FM and AM radio bands. Pirate radio operations pose public safety risks, including causing harmful interference to licensed radio stations which transmit public safety emergency alert messages.
Operating a pirate radio station is illegal under the Communications Act of 1934 and subject to the FCC’s enhanced enforcement capabilities enacted by Congress in the PIRATE Act of 2020.Under the PIRATE Act, the FCC can fine pirate radio operators up to $115,802 per day and a maximum of $2,316,034. 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.
Today, the Commission proposed the maximum penalty allowable under the PIRATE Act, $2,316,034, against Johnny Peralta for allegedly operating a pirate radio station known as La Mia Radio in the Bronx, New York, since 2018. A 2022-2023 New York Pirate Radio Sweep by the FCC’s Enforcement Bureau confirmed that La Mia Radio continues to operate. The FCC also proposed a maximum fine against Dexter Blake for his suspected operation of a pirate radio station known as Linkage Radio in Mount Vernon, New York. Lastly, the FCC also proposed today a $1,780,000 fine against Matthew Bowen for 89 alleged violations of FCC rules for continued operation of a pirate radio station known as Triple9HD in Brooklyn, New York.
Within 30 calendar days of the release date of the NAL, the radio operators must pay the fine or file a written statement seeking reduction or cancellation of the proposed forfeiture. Unpaid fines will be referred to the Department of Justice for collection.
The proposed actions, formally called Notices of Apparent Liability for Forfeiture, or NALs, contains only allegations that advise the parties on how they have apparently violated the law and may set forth proposed monetary penalties. The Commission may not impose greater monetary penalties in these cases than the amount proposed in the NALs. Neither the allegations nor the proposed sanctions in the NALs are final Commission actions. The parties will be given an opportunity to respond, and the Commission will consider the parties’ submissions of evidence and legal arguments before acting further to resolve the matter.
Action by the Commission November 15, 2023 by Notices of Apparent Liability for Forfeiture (FCC 23-97, 23-98, 23-99). Chairwoman Rosenworcel, Commissioners Carr, Starks, Simington, and Gomez approving. Chairwoman Rosenworcel issuing a separate statement.
