The Federal Communications Commission (FCC) has upheld three financial penalties totaling $60,000 against individuals accused of operating unlicensed FM radio stations in New York and Massachusetts.
The decisions, affirmed by the Chief of the FCC’s Enforcement Bureau this week, involve unauthorized radio operations in Brooklyn, Spring Valley and Hyannis, Massachusetts.
The enforcement actions were brought under the Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act, which expanded the FCC’s authority to impose financial penalties against individuals responsible for unlicensed radio broadcasting.
The law also allows the Commission to pursue enforcement actions against property owners and landlords who knowingly permit unauthorized radio stations to operate from their properties.
One of the cases involves Henderson Lennox Elcock, who was identified by FCC investigators as the operator of “Wild FM,” an unlicensed radio station broadcasting on 106.3 MHz in Brooklyn. FCC field agents detected the station during an investigation on January 30, 2025. Investigators subsequently connected Elcock to the operation after discovering that his telephone number was listed as the station’s contact number on its Facebook page.
Another enforcement action involves Etzer Toussaint, who was accused of operating an unlicensed station known as “Radio Model” on 88.9 MHz in Spring Valley, New York. The station was intended to serve Haitian immigrants, including members of the community who Toussaint believed were underserved by existing radio programming.
FCC investigators identified the unauthorized broadcast in January 2025. An internet search subsequently connected Toussaint to the station. Both Elcock and Toussaint received Notices of Apparent Liability for Forfeiture in earlier this year, formally proposing financial penalties for their alleged violations of federal broadcasting regulations. Neither individual submitted a response to the notices, according to the FCC.
The third case involves Shane Kelly, who was accused of operating an unauthorized radio station called “The Test 87.9 FM” in Hyannis, Massachusetts. That enforcement action dates to April 2024, when the FCC pursued the unlicensed operation.
The PIRATE Act gave federal regulators additional authority to investigate unauthorized broadcasts and impose substantial financial penalties against those responsible. But collecting those penalties remains a separate challenge when individuals refuse to pay.
The FCC can pursue additional enforcement measures, including actions involving federal law enforcement authorities and the seizure of unauthorized broadcasting equipment. Such operations can require coordination with law enforcement personnel and may present safety concerns for investigators.
It remains unclear whether the three individuals will pay the penalties or whether further collection or enforcement proceedings will be necessary. The FCC’s latest decisions affirm the financial penalties but do not establish whether the commission will ultimately recover the $60,000.
