Unlicensed Operators
Here in South Florida, unlicensed (pirate) broadcasters have been a frequent source of trouble in terms of interference and diminished coverage, direct competition for advertisers’ dollars, and even compromises in the EAS and other key systems. These unlicensed operators are frequently found related to drug activities and other related criminal activities.
Penalties
Penalties can be steep for illegal operations in the broadcast bands. Under Florida Statute 877.27, the operation of an unlicensed transmitter is a third degree felony A conviction of a felony of the third degree, can lead to imprisonment for up to 5 years. In addition, at sentencing the court of any authority can confer by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence. In addition, an automatic fine of $5000.00 is imposed. The defended shall also be liable for court cost.
In addition, to violating the state statutes, by transmitting on broadcast frequencies without a proper license, a person or organization will have violated a number of Federal Laws and Regulations. Under the USC Volume 47 Section 301 and other sections, the Federal Communications Commission is given authority to issue fines, penalties, imprisonment and forfeitures. Such penalties typically are more than $5000.00 per occurrence plus imprisonment for up to one year for the first occurrence. A list of some forfeitures that have been order against individuals and organizations in the state of Florida can be found below.
Solutions
In a recent meeting between representatives of the Florida Association of Broadcasters, and the Federal Communications Commission, a very straightforward plan was forged and agreed upon as a way to report and prosecute pirates and to aid the authorities in dealing with them. We respectfully invite the public and the broadcasters participation:
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1. Identify & Research |
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2. Report |
The first step is building a list of pirated frequencies and transmitter locations. Please include any and all supplemental information that may be helpful to the Law Enforcement or the FCC. Of particular interest is any connection with drug trafficking, gang activity or other crimes that would make a given pirate a “bigger fish” to Law Enforcement. A surprising amount of information can be found just by asking your employees, professional associates, friends and other acquittances. A brief email soliciting information may yield a dozen or more valuable tips.
Once you have obtain information, please start the reporting process by filling out a form at the FCC. The data that is entered into this database will automatically forward to the FCC field office. For South Florida, this will go to: Stephanie Dabkowski - Agent FCC Miami Office -Stephanie.Dabkowski@fcc.gov. The information is also forwarded to the FCC regional office in Tampa, Florida - Ralph Barlow, - Ralph.Barlow@fcc.gov
Upon completion of the web site questionnaire, please send the same information to Reginald R. Garcia, FAB Attorney, reggiegarcialaw@yahoo.com. He will assist with local law enforcement and FAB will coordinate with all parties to ensure that this notification does not get lost in the system.
Finally, please forward a copy of your information to us - SBE53.
Tracking Down Illegal Stations
Statutes and Regulations
Florida Statute 877.27
