No Leniency: FCC Upholds $20,000 Fines in Three Pirate Radio Cases

Pirate radio enforcement continues to be an uphill battle for the FCC, but this round of cases shows the Commission isn't inclined to go easy on offenders who come forward — even when they cooperate.

The Federal Communications Commission has affirmed penalties of $20,000 in three separate pirate radio cases, including one where the operator admitted responsibility, said he'd disposed of the equipment, and specifically asked for leniency. The request was denied.

The Massachusetts Case

Shane Kelly is being fined for running a pirate station called "The Test" on 87.9 MHz in Hyannis, Massachusetts, back in June 2023. The FCC issued its original Notice of Apparent Liability (NAL) in this case in April 2024, alongside half a dozen other NALs, all in Massachusetts.

Kelly did respond to the NAL. He didn't dispute the facts, acknowledged being the operator, said he'd disposed of the equipment, and promised not to do it again — asking the FCC to either dismiss the case or reduce the penalty. The Commission declined both requests. The full details are available in the NAL for Shane Kelly.

Two New York Cases Went Unanswered

The other two cases didn't even get that far, as neither accused operator responded to their NALs at all.

Henderson Lennox Elcock is fined for operating a station on 106.3 MHz in Brooklyn, New York, called "Wild FM," back in January 2025. Etzer Toussaint is fined for operating "Radio Telemodel" (also styled "Radio Tele Model") on 88.9 MHz in Spring Valley, a New York City suburb, also in January 2025.

Both were among four operators in the New York City area who received NALs around the same time that January.

The Limits of FCC Enforcement

As with all cases like these, the FCC itself cannot pursue collection of the fines any further. If a fine goes unpaid, the matter gets handed over to the Department of Justice.

Whether the DOJ has actually collected on any pirate radio fines in recent years remains unclear — the Commission has issued a handful of much larger fines in other cases, but hasn't announced any notable collections to date.