NORTH MIAMI, FLA. — With Polynice Fabrice still brazenly sticking his middle finger at the FCC by ignoring its maximum forfeiture of $144,344 by continuing to periodically use the 90.1 MHz signal for the Haitian Creole “Radio Touche Douce,” the Enforcement Bureau has successfully entered into a Consent Decree with another pirate of South Florida’s FM airwaves. This, the FCC hopes, will resolve unauthorized broadcasts on two different frequencies on the kHz band.
The Consent Decree resolves an Enforcement Bureau investigation into whether Sergio Plasencia operated an unauthorized radio station on 101.9 MHz and 107.3 MHz in Miami.
To settle the matter, Plasencia admits that he operated an unauthorized radio station, and will not operate an unauthorized radio station in the future.
As such, Plasencia will pay a $2,680 civil penalty.
However, he will pay an additional civil penalty of $17,320 if the Commission finds that he operates an unauthorized radio station during the next 20 years, or that he misled the Commission regarding his current financial status.
Plasencia operated an unauthorized radio station at 101.9 MHz from a family member’s residence and at 107.3 MHz from a property he owns. On April 27, 2017, the Commission issued an NAL proposing a $20,000 penalty against Plasencia for apparently operating an unauthorized radio station in violation of Section 301 of the Act.
In response to the NAL, Plasencia filed a request to reduce or cancel the proposed forfeiture and submitted three years of tax returns supporting his request based on an inability to pay the proposed forfeiture. Subsequently, Plasencia and the Bureau engaged in settlement negotiations.
If only policing other pirate radio operators in Miami were so easy.
The FCC at its September 2017 Open Meeting proposed a $144,344 fine — the highest it is authorize to hand out — to Fabrice Polyniceand Harold and Veronise Sido.
Polynice is the individual who has been determined to be responsible for a Haitian Creole station operating for several years at 90.1 MHz, audible across much of the Miami-Fort Lauderdale market. The property owners of locales where Polynice operated his pirate radio stations — the Sidos — were also tied to the Notice of Apparent Liability for Forfeiture, a first for the Commission.
Ten months later, this pirate radio station was still broadcasting. On July 19, the FCC moved forward with a Forfeiture Order.
In its Forfeiture Order, the Commission reiterated that it takes “very seriously” allegations of unauthorized broadcasting.
Yet, “Radio Touche Douce” remains a nuisance, albeit at various power levels and usually on nights and weekends.
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