A longtime operator of an unlicensed radio station in Florida has failed to convince the FCC to reduce his fine of almost $2.4 million.
Fabrice Polynice, also known as DJ Paz, had asked the commission to reduce his pirate radio penalty, saying he can’t afford to pay.
He is being fined specifically for operating a station on 90.1 MHz in North Miami in February and March of 2023, but the FCC says he has operated “Radio Touche Douce” since at least 2012.
The commission in early 2024 proposed the maximum allowable fine, as we reported.
“Some of the most egregious pirate radio operations are run by individuals who have ignored prior enforcement actions by the commission,” the FCC stated in its ruling this week. “This is one such case. As such, it merits the strongest possible enforcement measures to the fullest extent of the law.”
Polynice did submit a response to the notice of apparent liability, which is not common in such cases. The FCC said he did not contest having run Radio Touche Douce, only that he was unable to pay; he later provided tax returns to support his case.
But the FCC said ability to pay is just one of the criteria it must consider when determining a pirate penalty; it must also consider the “nature, circumstances, extent and gravity of the violations.”
Given his history of violations and the intentional nature of his misconduct, the FCC said it declined to reduce the penalty.
It noted that Polynice had continued to operate the station even after U.S. marshals seized his radio equipment years ago and even after the commission issued him two prior NALs and forfeiture orders.
The cap on pirate radio penalties was increased dramatically by Congress in 2020. According to the FCC pirate radio dashboard online, this is only the third fine of $1 million or more to reach the forfeiture order stage. It is not clear whether any of the largest pirate penalties have actually been collected.
Radio World has emailed the attorney representing Polynice to invite a response and will report any reply.
