North Jersey Pirate forced to break out the checkbook!

[Radio411]

Looks like someone at the FCC has pulse on the latest "illegal happenings" (albeit a barely detectable one...)

Pirate out of Passaic on 102.3 is nabbed and forced to pay a $10k fine. So once the check is written in *some denomination* any bets on where the format lands next??

Nick - this is YOUR cue!!

http://www.insideradio.com/

 

[TimeIsTight]

It looks like this guy just wasn't broadcasting from his bedroom, he had a radio business going. FCC documents list him living in Clifton, but the "suite" for the radio station and its transmitter are in a predominantly Mexican business district in Passaic.

This from the FCC website:

On April 3 and April 7, 2010, in response to a complaint, agents of the Enforcement
Bureau’s New York Office (“New York Office”) used mobile direction-finding techniques to monitor the
frequency 102.3 MHz in Passaic, New Jersey, and determined the source of the transmissions to be a radio
station operating from a building located at 251 Monroe Street. The agents observed an FM broadcast
antenna on the roof of the building and a coaxial cable going from the antenna on the roof to the second
floor of the building. The agents subsequently took field strength measurements and determined that the
signals being broadcast exceeded the limits for operation under Part 15 of the Commission’s rules
(“Rules”)2 and therefore required a license. A review of the Commission’s records revealed no evidence of
a Commission authorization for operation of a radio station on 102.3 MHz in Passaic, New Jersey.
3. On April 7, 2010, agents from the New York Office returned to the building on 251
Monroe Street to conduct an inspection of the radio station and knocked on the door of Suite 201. A male
answered the door and identified himself as Bernabe Moreno. Mr. Moreno told the agents that he owns
and operates the station on 102.3 MHz at this location. The agents observed that the station was active at
the time of the inspection until Mr. Moreno turned off the station at the agents’ request. The agents
verbally warned Mr. Moreno about the consequences of continued operation of an unlicensed radio station.

The guy just must not have gotten the message when the FCC came knocking, because after they warned him he kept broadcasting. They nailed him a couple of days later and he now has been hit with the $10,000 fine.

Agents determined that an unlicensed broadcast station operated on 102.3 MHz from Suite 201 at 251 Monroe
Street in Passaic, New Jersey on April 3, and April 7, 2010. During an interview with agents on April 7,
2010, Mr. Moreno admitted to operating the radio station at this location. Because Mr. Moreno operated
the station knowingly, we find that the apparent violation was willful. Because the operation occurred on
more than one day, we find the apparent violation was repeated. Based on the evidence before us, we find
that on April 3, and April 7, 2010, Mr. Moreno apparently willfully and repeatedly violated Section 301
of the Act by operating radio transmission equipment without the required Commission authorization.
6. Pursuant to the Commission’s Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for operation without an instrument of authorization is $10,000.

So, in Passaic, a year ago, it was one down and 16 or 18 to go, and then time to move onto Paterson, Newark, the Oranges,
Plainfield, Elizabeth, Ft. Lee, Trenton and elsewhere. Apparently, there is a lot of job security in being an FCC agent, and no lack of things to do for the foreseeable future if you just count on pirates on the FM Broadcast Band alone.

 

[nd2023]

If he's busted for running that pirate, would he even be eligible to own one of the NJN or Atlantic stations if he so chose to?

 

[nd2023]

I never heard of pirates in the AM band, unless you count Part 15s that are just barely over the limit. There are pirates on shortwave, but it's hard to track them down since they cover the whole country and are on sporadically.

He's an idiot if they came on April 3 and told him to shut it off, yet he turned it back on and they came again on April 7.

 

[MickeyD]

I never heard of pirates in the AM band, unless you count Part 15s that are just barely over the limit. There are pirates on shortwave, but it's hard to track them down since they cover the whole country and are on sporadically.

He's an idiot if they came on April 3 and told him to shut it off, yet he turned it back on and they came again on April 7.

I was told by an FCC Field agent that if they can't see an antenna or piece of transmission line they can't knock on the door becuase they really aren't sure where the station is.

 

[magicjellybeans]

That guy is still on ! Same frequency.

 

[TimeIsTight]

That guy is still on ! Same frequency.

If I wanted to be cute, I would say the guy has to get that $10,000 for the fine the best way he knows how.

But on the serious side, this is just a prime example of the ineffectiveness of the FCC's current approach. Obviously, just a $10,000.00 fine is not enough of a deterrent. It might just be a cost of doing business, and a $10,000 fine every couple of years is nothing compared to the cost of buying a station license, if one were available.

The FCC archive files include finding a number of transmitter sites for "Roadblock Radio" a pirate easily heard in both the Newark and Paterson areas for years now. They found transmitters at that guy's house, at his place of business, etc. He was fined $10,000, and Roadblock Radio is still on the air, same frequency in several places, and still promoting the same nightclub in Newark where the FCC found a studio and transmitter.

Operating these stations is a felony in NJ, and that felony includes a penalty of up to 18-months in jail. So the guy in Passaic couldn't be operating that station at 102.3 in Passaic now if he was in a jail cell miles away. If these guys were actually arrested their legal status in this country would automatically be checked and if nothing else they could be deported if they are not here legally.

This latest situation makes it apparent that unless the Federal Marshals get involved and confiscate the equipment, and arrest the pirate on federal charges, or unless the local police get involved and arrest the pirate on state charges, many of these guys aren't going to stop.

I was told by an FCC Field agent that if they can't see an antenna or piece of transmission line they can't knock on the door because they really aren't sure where the station is.

That's when they look at property records and find out who the owner is. If the building owner really knows nothing, they look for and find the transmitter and take it away. Problem solved!

I heard that happened at a high rise apartment house in East Orange, where the transmitter was on the roof and nobody knew who put it there. It probably wasn't the wealthy doctors and lawyers who owned the building in an investment partnership.

 

[MickeyD]

That guy is still on ! Same frequency.

If I wanted to be cute, I would say the guy has to get that $10,000 for the fine the best way he knows how.

But on the serious side, this is just a prime example of the ineffectiveness of the FCC's current approach. Obviously, just a $10,000.00 fine is not enough of a deterrent. It might just be a cost of doing business, and a $10,000 fine every couple of years is nothing compared to the cost of buying a station license, if one were available.

The FCC archive files include finding a number of transmitter sites for "Roadblock Radio" a pirate easily heard in both the Newark and Paterson areas for years now. They found transmitters at that guy's house, at his place of business, etc. He was fined $10,000, and Roadblock Radio is still on the air, same frequency in several places, and still promoting the same nightclub in Newark where the FCC found a studio and transmitter.

Operating these stations is a felony in NJ, and that felony includes a penalty of up to 18-months in jail. So the guy in Passaic couldn't be operating that station at 102.3 in Passaic now if he was in a jail cell miles away. If these guys were actually arrested their legal status in this country would automatically be checked and if nothing else they could be deported if they are not here legally.

This latest situation makes it apparent that unless the Federal Marshals get involved and confiscate the equipment, and arrest the pirate on federal charges, or unless the local police get involved and arrest the pirate on state charges, many of these guys aren't going to stop.

I was told by an FCC Field agent that if they can't see an antenna or piece of transmission line they can't knock on the door because they really aren't sure where the station is.

That's when they look at property records and find out who the owner is. If the building owner really knows nothing, they look for and find the transmitter and take it away. Problem solved!

I heard that happened at a high rise apartment house in East Orange, where the transmitter was on the roof and nobody knew who put it there. It probably wasn't the wealthy doctors and lawyers who owned the building in an investment partnership.

I like how they "cherry pick" the pirates they shut off.

 

[ansky212]

I like how they "cherry pick" the pirates they shut off.

Out of all the pirates on the air I wonder how many of them the FCC is actually able to identify the exact location of the source (transmitter)?

 

[TimeIsTight]

Out of all the pirates on the air I wonder how many of them the FCC is actually able to identify the exact location of the source (transmitter)?

After reading case histories on the FCC website, I suspect the FCC has no problem narrowing it down to a building, and then they start looking for the cables and antenna. There are a number of cases where they were able to narrow it down to one apartment. When they couldn't find the specific apartment, they sent a warning notice to the building owners, and likely got some access and help as a result.

Ultimately, the transmitters can be found because they keep emitting a signal of exactly where they are.

Another question concerning the "cherry picking" of pirates the FCC goes after, may be how the targets are selected out so many pirate signals?

It may have to do with the number of complaints or who is doing the complaining. Does the FCC respond more quickly or more often to complaints from licensed radio stations that are being interfered with? This guy in Passaic was doing a "Tropical" format, was he competing with licensed stations with that format for advertising dollars and listeners? Or, was this guy causing interference with WSUS, and Clear Channel got upset? Or, were there people across the river in Rutherford who couldn't hear Fresh or RXP clearly because of this guy and complained about it?

There was the case of pirates in Paterson that were causing reception problems for people across the river in Bergen County who wanted to listen to WFUV. When one pirate got caught and fined, another would spring up in a different section of the city on the same frequency. It seems somebody got the message, at least for a while. The last time I checked that frequency was clear, but that may have changed, I don't get to Paterson that often.

 

[nd2023]

I could probably identify the location of any pirate with just a portable radio.

 

[deepstblu]

I could probably identify the location of any pirate with just a portable radio.

Maybe the FCC could launch a reality show..."Find That Pirate!"

 

[MattParker]

Maybe the pirate could buy NJN.

 

[nd2023]

I could probably identify the location of any pirate with just a portable radio.

Maybe the FCC could launch a reality show..."Find That Pirate!"

It would be fun to watch a show like Cops except with FCC agents driving around, finding pirate stations and busting them. The average person however could care less about pirate radio.

 

[ansky212]

I noticed within the past week there is a new pirate on 107.9 in the Newark area. (it's either new or moved from another frequency). As with most pirates it sounds like a tropical format. I also noticed the pirates on 96.7 and 99.9 were off the air. So I'm wondering if it's one of these that moved to 107.9. This knocks out my ability to listen to WEBE 108, but I can now get 96.7 and WEZN 99.9 again.

 

[MickeyD]

Out of all the pirates on the air I wonder how many of them the FCC is actually able to identify the exact location of the source (transmitter)?

After reading case histories on the FCC website, I suspect the FCC has no problem narrowing it down to a building, and then they start looking for the cables and antenna. There are a number of cases where they were able to narrow it down to one apartment. When they couldn't find the specific apartment, they sent a warning notice to the building owners, and likely got some access and help as a result.

Ultimately, the transmitters can be found because they keep emitting a signal of exactly where they are.

Another question concerning the "cherry picking" of pirates the FCC goes after, may be how the targets are selected out so many pirate signals?

It may have to do with the number of complaints or who is doing the complaining. Does the FCC respond more quickly or more often to complaints from licensed radio stations that are being interfered with? This guy in Passaic was doing a "Tropical" format, was he competing with licensed stations with that format for advertising dollars and listeners? Or, was this guy causing interference with WSUS, and Clear Channel got upset? Or, were there people across the river in Rutherford who couldn't hear Fresh or RXP clearly because of this guy and complained about it?

There was the case of pirates in Paterson that were causing reception problems for people across the river in Bergen County who wanted to listen to WFUV. When one pirate got caught and fined, another would spring up in a different section of the city on the same frequency. It seems somebody got the message, at least for a while. The last time I checked that frequency was clear, but that may have changed, I don't get to Paterson that often.

No they Cherry pick pirates. May I cite three high powered pirates in Boston that are still on the air and have been visited by the FCC.

 

[BJSteigner]

I keep thinking that 102.9 Choice FM the Caribbean pirate station is still on the air.

 

[GSP163]

The one on 95.1 seems to be gone at the moment....For the first time in years I can hear 95.1 WRKI in NE Jersey without any pirates stepping all over it.

 

[magicjellybeans]

Thats because he moved to 97.5 ! Why you need three spanish stations ,you have 96.3 and 97.9 ,93.1,and 92.7 .
Theres a new religious station pirate on 91.9.At least RKI is back and we can now hear 106.3 better.Keep up the good work whoever!

 

[d21ofnj]

Well, now X96.3 is getting chopped up by a pirate on 96.1! Another islald format.