FCC Slaps Repeat Pirate and Landlords With $144,000 Fine

forward that landlords who materially assist with unlawful pirate operations can be held jointly and severally liable,” said Commissioner Mike O’Rielly in a statement that said if anything, he wishes the penalty were greater. Fabrice Polynice, also known as DJ Paz, and his landlords Harold and Veronise Sido argued against the fine but the FCC found the three -- with a history of unlicensed operation citations -- liable for the full amount allowed by statute. Without the statutory cap, the fine would have been $710,000, the order said. The statutory maximum for unlicensed operations “pales in comparison to penalties for other violations of Commission rules and is simply not enough to serve as a sufficient deterrent against operating pirate radio stations,” said O’Rielly. He endorsed the House Pirate Act (see 1807190055), which would raise the number to $2 million and toughen other piracy rules. Though Polynice argued that the agency needed to send him a citation before issuing a notice of apparent liability, O’Rielly and the agency disagreed. NALs “can be counterproductive,” O’Rielly said. “Warning enterprising pirates that you are on to them can send them underground, or onto another frequency, increasing the time it takes to get the pirate off the air.” Polynice was said to argue the FCC was selectively targeting him, and that the pirate radio enforcement was intended to hurt Haitian immigrants. Polynice “sees this Commission’s actions as a way to keep the Haitian community in a weak position and without the necessary information they need to succeed,” the order said. “Nothing in the Commission’s rules prevents someone who wants to serve an underserved community from providing programming legally.” Polynice and the Sidos couldn't be reached for comment.