The FCC has announced it has issued Notices of Illegal Pirate Radio Broadcasting against five operators in the Miami area.
Fabrice Polynice, who was previously issued forfeiture orders in 2013 and 2018, has been proposed a maximum $2,391,097 penalty for continuing to operate “Radio Touché Douce” on 90.1 in North Miami. A $358,665 penalty has been proposed against Brindley Marshall, Wilfrid Salomon, and Cameron Brown for pirate operations, while Abdias Datis was proposed a $120,000 fine.
The Federal Communications Commission today proposed fines against five Florida-based pirate radio operators under the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act) totaling over $3,500,000. These actions stem from the FCC’s first sweep of the Miami area under the PIRATE Act.
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 (inflation-adjusted amounts of) $119,555 per day and a maximum of $2,391,097.
Today, the Commission proposed the maximum penalty allowable under the PIRATE Act, $2,391,097, against Fabrice Polynice for allegedly operating a pirate radio station known as “Touché Douce” during 22 days in 2023. Polynice is one of the longest operating pirates in the Miami area having previously been issued forfeiture orders in 2013 and 2018. The FCC also proposed fines of $358,665—the maximum penalty for three days of violations in 2023—against three additional pirate radio operators: Brindley Marshall, Wilfrid Salomon, and Cameron Brown. All three individuals have been operating pirate radio stations for years and have received multiple warnings to cease their unauthorized broadcasting. Lastly, the FCC proposed a forfeiture of $120,000 against Abdias Datis for operating a pirate radio station during three days in 2023.
The proposed actions, formally called Notices of Apparent Liability for Forfeiture, or NALs, contain 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.
Actions by the Commission January 25, 2023 by Notices of Apparent Liability for Forfeiture (FCC 24-7, 24-8, 24-9, 24-10, 24-11). Chairwoman Rosenworcel, Commissioners Carr, Starks, Simington, and Gomez approving. Chairwoman Rosenworcel issuing a separate statement.
