FCC Fines 15 Year-Old Pirate Radio Station In NYC $2 Million

An anonymous reader quotes a report from Motherboard: The Federal Communications Commission (FCC) is using a new law to fine a pirate radio station operating in New York City for more than $2 million. For 15 years, Impacto 2, which has been operated by two brothers, has broadcast Ecuadorian news, culture, sports, and talk-radio on 105.5 FM in Queens. The feds have tried to shut it down repeatedly, but have never succeeded. The FCC announced the fine in a press release (PDF) last week. 'The Commission proposed the maximum penalty allowable, $2,316,034, against brothers Cesar Ayora and Luis Angel Ayora for pirate radio broadcasting in Queens, New York,' the release said. The FCC also said it was trying to seize $80,000 in equipment from a man broadcasting pirate radio in Eastern Oregon.

The FCC closely polices radio spectrums around the country, and provides licenses to companies who apply for specific frequencies. On the one hand, this makes sense, because use of radio frequencies are limited by physics and, without licenses, radio would be a free-for-all. Currently, the FCC is not providing any new FM or AM radio frequencies, according to its website. At the same time, pirate radio has a long history of providing access to the airwaves for independent broadcasters. In this case, the targets of the fine are a pair of brothers who were providing a vital community resource. In court documents about the fine, the FCC detailed its history with the Ayoras and Impacto 2.

According to the FCC, the Ayoras have admitted to operating the radio station several times during interviews. The feds even went to the trouble of totaling every day it could prove the pair had run the radio station and detailed what it would like to charge them for it. 'Based on the severity of the facts underlying these factors, we propose the maximum penalty of $115,80265 for each day of the 184 days during which the Ayoras operated their pirate radio station in 2022 for a total penalty of $21,307,568,' the FCC's court documents said. That is, however, not possible under the new PIRATE Act. 'We reduce the proposed penalty from $21,307,568 to $2,316,034 based on the statutory limits imposed by section 511(a) of the Act,' it said in court documents.

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