The FCC fined Robenson Thermitus $10,000 for operating an unlicensed radio transmitter on 98.7 MHz in Miami.
Following up on a complaint in July 2011, Miami Enforcement Bureau agents traced the unauthorized signal to an FM transmitting antenna mounted in a tree. The station was also transmitting an RDS display of “98.7 FM Energy,” according to the commission.
The agents also found an Internet website for the station, www.energyfm987.com, which listed “DJ Oneway” as a host of Energy FM and a phone number. The website was registered to Thermitus.
During the inspection, the agents saw a coaxial cable from the antenna that entered the back of a residence. The home owner told the agents a man known as “Oneway” installed and owned the transmission equipment, located in a locked room in her home. The homeowner, not identified by the agency, called the man and then handed the phone to the agents.
The man told agents on the phone he would turn off the station, but didn’t admit he was the operator or unauthorized station owner. During the call, the agents saw the phone number, which matched a business owned by “DJ Oneway,” according to the Florida Department of Motor Vehicles.
The agents left and the transmissions resumed. The agents again traced the illegal transmissions to the same home. Agents from the Miami Office identified Thermitus as DJ Oneway by comparing his Florida driver’s license photograph to pictures of DJ Oneway posted on the Internet.
In assessing the penalty, the FCC stated in its decision that Thermitus can be said to have “operated” the unlicensed radio station on 98.7 MHz because he demonstrated control over the general conduct or management of the station, according to the agency’s rules. It says the evidence shows that Thermitus was responsible for operating the station.
Thermitus has 30 days to appeal, or pay the fine.
The station continues to be streamed online.
