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Big money fines in NYC after numerous warnings.
FCC Fines NYC Pirate Radio 6.4mm
- Thread starter rr60
- Start date
These big fines are a farce since they are almost never collected.
As stated in the linked article:
"Blake is one of the pirates that the Enforcement Bureau has been dealing with the longest in the New York area. He first received warnings and eventually a fine beginning more than a decade ago, and he was told that if he continued to operate an unlicensed station that he would face even stiffer penalties.
Breshears told the Commission Wednesday that Blake never paid the first fine he was issued and field agents have since issued him three warnings about his continued operating of a pirate station..."
The FCC refers the uncollected fines to the Justice Department for collection. Unless there has been a recent policy change, Justice looks at the subject's ability to pay and, unless the subject has a big bank account, simply drops the matter as not worth prosecuting since there is little chance of collecting the fine.
Meanwhile, the unlicensed operation continues for years. Even in the rare cases where the FCC has the US Marshalls seize the equipment, the subject usually buys new stuff and is back on the air while the case drags on forever.
The FCC is having more success going after the landlords where the station is located. It at least forces the subjects to relocate.
As stated in the linked article:
"Blake is one of the pirates that the Enforcement Bureau has been dealing with the longest in the New York area. He first received warnings and eventually a fine beginning more than a decade ago, and he was told that if he continued to operate an unlicensed station that he would face even stiffer penalties.
Breshears told the Commission Wednesday that Blake never paid the first fine he was issued and field agents have since issued him three warnings about his continued operating of a pirate station..."
The FCC refers the uncollected fines to the Justice Department for collection. Unless there has been a recent policy change, Justice looks at the subject's ability to pay and, unless the subject has a big bank account, simply drops the matter as not worth prosecuting since there is little chance of collecting the fine.
Meanwhile, the unlicensed operation continues for years. Even in the rare cases where the FCC has the US Marshalls seize the equipment, the subject usually buys new stuff and is back on the air while the case drags on forever.
The FCC is having more success going after the landlords where the station is located. It at least forces the subjects to relocate.
I don't understand why the Feds can't imprison someone who doesn't pay fines. It's common at the state level.
The issue is that the FCC action is a Civil vs Criminal proceeding. The amount levied is a "Forfeiture" vs a "Fine" for a Criminal conviction.
In order to collect, the Government needs to go to court to get a "Judgement" against the subject for the amount due. The problem is that,
if it can not be shown the subject has sufficient income and/or assets to pay, they are considered "Judgement Proof" and it is futile to pursue the matter. A big forfeiture like this to a major corporation would probably succeed in court after years of litigation but against an individual it is usually futile.
40 lashes with a length of RG-58 for me. I should have known that.
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