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Miami/Fort Lauderdale LPFM caught with 1000 watt ERP!

It would be nice if the FCC would sanction full power AM & FM licensees who break the rules and violate the law with the same level of vigor as LPFM licensees and pirate operators who break the law.
 
MarkW said:
It would be nice if the FCC would sanction full power AM & FM licensees who break the rules and violate the law with the same level of vigor as LPFM licensees and pirate operators who break the law.
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The DOJ needs to seize equipment, like they used to:
www.justice.gov

Radio Equipment Seized from Two Illegal Radio Stations in Boston

BOSTON – Radio transmission equipment from two radio stations that were operating illegally in Boston was seized on Monday, March, 26th.
www.justice.gov www.justice.gov

The pirate/LPFM/AM/FM/TV operators look at the fines as a cost of doing business and can plead hardship to reduce them. The FCC should stop letting them do that after the first violation, and have the DOJ seize equipment equal to the cost of the fine. Then if it’s within broadcast specs, the GSA could auction it and limit bids to licensed broadcasters.
 
MarkW said:
It would be nice if the FCC would sanction full power AM & FM licensees who break the rules and violate the law with the same level of vigor as LPFM licensees and pirate operators who break the law.
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The problem, Mark, is that no one files complaints about the full power stations the same way complaints are filed about the pirates and overpowered LPFMs. The FCC does not have the resources to seek these violations out on their own.

I encourage people to file complaints when applicable. Back in the analog television days, I filed one against a channel 6 LPTV which was transmitting audio only as a "87.7 FM". I actually got a call from a field agent at the regional office who asked me for information; I turned on my TV and told him I could receive the LPTV's audio but the video was from XETV/6 in Tijuana, a good 150 miles away. He conceded that was "pretty good evidence" that the LPTV's visual carrier was turned off.
 
K.M. Richards said:
The problem, Mark, is that no one files complaints about the full power stations the same way complaints are filed about the pirates and overpowered LPFMs. The FCC does not have the resources to seek these violations out on their own.

I encourage people to file complaints when applicable. Back in the analog television days, I filed one against a channel 6 LPTV which was transmitting audio only as a "87.7 FM". I actually got a call from a field agent at the regional office who asked me for information; I turned on my TV and told him I could receive the LPTV's audio but the video was from XETV/6 in Tijuana, a good 150 miles away. He conceded that was "pretty good evidence" that the LPTV's visual carrier was turned off.
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The other problem is that from what I understand, there aren’t as many field agents as there used to be. I wish there was a pinned thread on this board about “How to file an FCC complaint” with example forms that were filled out exactly how they need to be, so people would do more than just type their complaints in threads on here. It would probably drive a lot of people to the board, too.
 
Just some things to think about here.

  • There is definitely a shortage of field agents in a limited number of field offices and the (Field) Enforcement Bureau are resistant to have their agents travel.
  • Broadcast interference cases are very low on the triage for enforcement. The implied priority is on interference to safety of life communications, followed by broadband services (which can also impact safety of life). Broadcasting is near the bottom of the pile.
  • There is a field office in Miami, which makes enforcement more convenient.
  • There is already increased enforcement in south Florida because of the PIRATE Act, which mandates increased enforcement for unauthorized operation.
  • Miami is a hotbed for pirate radio operation and in that area, as well as most of urbanized Florida, the LPFM stations are a cancer because of the significant pirate influence in the area. Right now, from the 2023 LPFM Window, both MX Groups 28 and 29 remain pending due to various issues, including alleged pirate pasts. Florida even has a pirate radio law at the state level.
  • Broadcasters are reluctant to file complaints regarding technical parameters because of a fear that if they complain and the Field travels to their area, they will also make inspections on uninvolved stations in the area.
  • Because of mass consolidation, broadcast companies have less of "their people" in these areas and many times rely on contract engineers who do not scour the area looking for problems. Most complaints that come in are from smaller owners who are actually in their community and can directly feel the affects of noncompliaint operations, whether it is technical or administrative (such as underwriting violations).
  • To those who state the FCC should enforce full-service "at the same vigor" as LPFMs and pirates. First, increased pirate enforcement is mandated by an act of Congress through the PIRATE Act. The PIRATE Act has enabled the Commission to give forfeitures up to the millions, which places them higher up on the DOJ's threshold for pursuing collection of these fines (however in most cases, it's like getting blood out of turnip). Since January 1, 2024, there have been 7 enforcement actions against LPFMs, three were late filed renewals, one was for underwriting, one was for an unauthorized location and the two excessive power NOVs that are the subject of this post, with a total amount of forfeitures of $5,500. In the same period, there were 25 enforcement actions against non-LPFM radio services (full-service and translator), most of them were administrative (assignment/transfer violations, untimely renewals, contest rules violations, nature of noncommercial educational broadcasting, etc.) and 4 involved technical issues with combined forfeitures of over $680K.
In the case of the two LPFMs here, the signs are very clear that someone different who is seen on the surface is operating these stations, either through an unauthorized transfer of control or through an illegal time brokerage agreement. These overpower situations are not accidental, they are intentional. Their commercial operation is not a "simple misunderstanding of the underwriting guidelines", they are an intentional act to operate as a commercial enterprise. They are "licensed pirates".
 
Frequency1 said:
Two Miami area LPFM stations WGVK-LP and WPSI-LP have filed to go silent. Both have the same address as well as the last name (Kost) is the same on both applications.
WVGK-LP went off the air on May 1, 2025, due to loss of tower site. Signed by Sofia Kost.
WPSI-LP went off the air May 5, 2025 due to technical reasons with equipment. Signed by Joshua Kost.
Same FCC attorney Dan Alpert.
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Dan Alpert is a scumbag enabling bad broadcaster behavior.
 
Michi said:
  • Broadcasters are reluctant to file complaints regarding technical parameters because of a fear that if they complain and the Field travels to their area, they will also make inspections on uninvolved stations in the area.
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Years ago, my friend Bill Tanner... who was at WPOW at the time.... told me of a rap/hip hop pirate right next to Power on the dial. They had "salesmen" who approached logical clients like clubs and insisted they buy time. If they did not want to, they were told that there would be a "riot or a fire" that will close you for a long time. The WPOW management was afraid to take legal action for fear of similar retribution.
 
AlligatorClipz said:
Dan Alpert is a scumbag enabling bad broadcaster behavior.
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While I am not the only one who associates that name with less-than-stellar broadcasters, lawyers don't have to require anything other than timely payment of fees to represent stations. Sort of the same situation as is presented to criminal defense attorney firms and lawyers.
 
While I have had my share of dealings with Dan Alpert over the years, I would not necessarily use "scumbag" to refer to him. I would say that he gets his clients through (Guel) family connections and will take clients that other attorneys would not touch with a ten foot pole. He has had some good arguments over the years when he was not covering Guel's, Guevara's or Kost's tracks.
 
i got yelled at once by Alpert... was helping a friend in florida way back in 2005 who had an app for a new AM station that was competing with someone else and i was working to prove the other persons community didnt really exist.. and i dont remember exactly what i asked of alpert, but i got yelled at for something fairly benign.
 
They need to look into WEXI-LP 102.3 FM in Hallandale, they say ERP is 70 watts from 121 feet on top of an office building, but they come in loud and clear all the way up at Commercial Boulevard and the Turnpike. They totally drown out WMBX-FM a 100,000 watt from Palm Beach in most of northern Broward.
 
The FCC really needs to start hammering these LPs. They flout the law whether it's power, antenna height, transmitter location or running a commercial operation and seem to get by with it. The Commission should just start fining crap out of them. After all, when they pull these stunts they are really nothing more than pirates.
 
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Any radio station that breaks the law needs to be held to account. It doesn't matter how big, small, what band they're on, if they're legally licensed or a pirate.

Dan <><​
 
bigdonho said:
The FCC really needs to start hammering these LPs. They flout the law whether it's power, antenna height, transmitter location or running a commercial operation and seem to get by with it. The Commission should just start fining crap out of them. After all, when they pull these stunts they are really nothing more than pirates.
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Remember, most FCC technical enforcement is based on receiving a complaint.
 
bigdonho said:
The FCC really needs to start hammering these LPs. They flout the law whether it's power, antenna height, transmitter location or running a commercial operation and seem to get by with it. The Commission should just start fining crap out of them. After all, when they pull these stunts they are really nothing more than pirates.
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People should complain to the FCC about stations with proof.
 
b-turner said:
I took an interest in seeing LPFM happen and I am not happy with the end result. The only thing to do is navigate the rules as they are.

I honestly don't know what it is that makes people think because they are on the board the radio station should run to their personal likes. I've seen boards implode over programming, attempts to take over boards with their people by bullying other board members until they resign. Their programming ideas are all bad to horrible. A couple of examples: the guy that put every track off every classic rock album in rotation because people bought albums; the guy that was going to be all local in Texas. He gets a fellow across the pond to do his liners (British accent) and then does absolutely nothing local. He gets into 3 towns but offers no detail other than the name of the business (C & R Solutions). I have no idea what that is nor what town they're in. His mass appeal format is heavy rock. I'd say many fail because of bad programming.

Certainly bad programming means little if any support so once the money runs out, the lights go out at the LPFM.

It seems the value of a frequency is not lost on them. One station was on 6 months, went dark because they couldn't afford the tower rent. They never got back on the air but they did renew their license when it was time.

Too many think they can hire someone to sell underwriting for just commission. One station that did this later learned the guy went out and traded thousands of dollars in merchandise, a couple of services and had a couple of spots where he had comped meals and drinks all in exchange for ads he said were running on the LPFM. When one of the restaurants contacted the station about 6 months later, the truth came out.

I know of a few stations that bought the cheapest FCC approved transmitter only to have the transmitters burn up after a couple of years. They didn't have the money for repairs, much less a new transmitter.

On the other hand I have heard a good number of quality LPFMs. They were serious about serving their respective community. They smartly ran a mass appeal very local format on weekdays via computer and at night and on weekends had a few specialty shows. Underwriting was consistent. They had sense enough to set back savings for emergencies and they extended a hand to stations in need of help. Amazingly, they were not radio pros. They just listened to advice.
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Amen and Amen! ;)
 


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