FCC fines illegal radio operator $2.3M

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FCC PIRATE Act fines overview: 

• Who: The Federal Communications Commission has levied its first fines against illegal radio operators under the Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act. 
• Why: The PIRATE Act gives the FCC more power to crack down on illegal radio operations and increases the dollar amounts on fines the agency could hand out.
• Where: Nationwide.

The Federal Communications Commission (FCC) has announced its first fines levied under the  Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act, which grants the agency more power to curb illegal radio operations. 

The PIRATE Act was passed by Congress in 2020 and gives the FCC the power to apply fines of as much as $115,802 per day against an individuals found to be running an illegal radio operation, Law360 reports. 

In addition to increasing fine amounts, the PIRATE Act also reportedly gives the FCC the authority to go after property owners who are aware pirated radio broadcasting is happening on their premises. 

In the first fines under the PIRATE Act, meanwhile, the FCC issued charged César Ayora and Luis Angel Ayora $2.3 million for operating an Ecuadorian-language radio program without a radio license in New York since at least 2015. 

The FCC said it calculated its fines against the Ayoras by first imposing a base fine of $20,000 against them — double the previous base rate penalty for a violation of $10,000, Law360 reports. 

FCC says penalty against Ayoras would have been $21.3 million if not for PIRATE Act capping fine amounts

The fine against the Ayoras was also only based on violations that occurred after the passing of the PIRATE Act, according to the FCC. After adding together the total proposed base forfeiture and the max daily fines, the commission said, the penalty would have been $21.3 million if not for the statute capping fine amounts at $2 million. 

The FCC’s ultimate fine of $2.3 million was the maximum amount adjusted for inflation since the PIRATE Act was enacted, Law360 reports. 

In addition to the fines against the Ayoras — who had also been fined previously — the FCC also issued a fine of $80,000 to Thomas Barnes for operating an illegal radio broadcast out of La Grande, Oregon. 

In January, the FCC proposed a $504,000 fine against Fox Corp. for allegedly breaking the law by airing false emergency alert tones on air during one of its promos for the National Football League. 

What are your thoughts on the FCC’s first fines issued under the PIRATE Act? Let us know in the comments! 

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