Alert
Alert
11.24.25
Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue is a special edition:
Order Extends Consent Decree Obligations Through 2029
The FCC’s Enforcement Bureau recently released an Order amending a 2024 Consent Decree with a nationwide business communications company extending the company’s compliance obligations by an additional year. Under the amended terms, the company will now be required to file compliance reports through 2029 and report any noncompliance with the FCC’s rules or the Consent Decree during the now extended term within 15 days of discovery. The Order did not assess any new fines, but incorporated the extended reporting period and updated several provisions of the original Consent Decree. The FCC did not elaborate on the reasons it deemed the extension necessary, stating only that it was done “to resolve issues arising after adoption and release of the Consent Decree.”
As we discussed here in April 2024, the company agreed to the original Consent Decree to resolve an FCC investigation into its unauthorized control and operation of multiple private business radio licenses. The investigation stemmed from the company’s acquisition of entities holding FCC licenses without prior FCC approval, along with continued operations under expired or improperly transferred authorizations. To resolve the investigation, the company agreed to pay a $100,000 civil penalty, implement a multi-year compliance plan, and submit annual compliance reports to the FCC for four years. Due to the additional “issues,” the four-year compliance plan is now a five-year compliance plan.
The important takeaway from this proceeding is that a consent decree does not mark the end of an investigatory encounter with the FCC, but is merely a waypoint. The penalty for a repeated offense while the consent decree is still in effect can be substantial. In addition, most consent decrees require the alleged violator to promptly report any new violations to the FCC, greatly increasing the likelihood that new violations will come to light (and of course concealing violations that a consent decree requires be promptly reported ramps up the risk of severe FCC enforcement action considerably). So those who sign a consent decree thinking the worst is behind them need to make a concerted effort to ensure that there are no future violations as well, particularly during the term of the consent decree. The enforcement process does not end when the “voluntary contribution” payment is made under a consent decree. It continues quietly, through compliance reports, follow-up reviews, and, when needed, renewed enforcement action.
Massachusetts Pirate Radio Operator Agrees to Lengthy 20-Year Consent Decree
The FCC’s Enforcement Bureau has entered into a Consent Decree with an individual operating a pirate radio station in Massachusetts. Pirate radio operations are illegal under the Communications Act of 1934 and can interfere with licensed communications, posing a danger to the public by interfering with licensed stations carrying public safety messages, including Emergency Alert System transmissions.
The Consent Decree follows the FCC’s issuance of a $40,000 Notice of Apparent Liability for Forfeiture (NAL) in April 2024 for operating an unauthorized FM broadcast station without a license. In the NAL, the FCC found that the individual had twice violated the FCC’s Rules, on June 6 and July 11, 2023, by operating an unauthorized radio station. Under Section 511 of the Communications Act, the FCC may impose a fine against any person “who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting.”
In response to the NAL, the individual sought cancellation of the fine, citing an inability to pay. After reviewing the financial documentation submitted by the individual and confirming through a field agent that the station was no longer operating, the Enforcement Bureau agreed to settle the investigation through a Consent Decree. Under the terms of the Consent Decree, the individual agreed to pay a voluntary contribution of $7,200 in 36 monthly installments and to pay an additional $32,800 penalty if any further violations occur during the Consent Decree’s 20-year term.
As part of the Consent Decree, the individual admitted to the facts underlying the FCC’s investigation and agreed to report any future violations of Section 511 of the Communications Act or the Consent Decree within 15 calendar days. So if the pirate operator returns to his pirating ways, he must promptly turn himself in or face the wrath of the FCC when it discovers he is operating a pirate radio station and has twice violated the Consent Decree—once by resuming pirate operations, and a second time by violating the Consent Decree’s reporting requirement. Although the Consent Decree resolves the investigation, its 20-year term reflects the FCC’s intent to closely monitor continued compliance and deter future violations.
California FM Translator Receives Notice of Violation for Spurious Emissions
Even as a secondary service, FM translators are not immune from the watchful eye of the FCC’s Enforcement Bureau, as evidenced by the recent Notice of Violation (NOV) issued by the Bureau to the licensee of an FM translator station in California. Spurious emissions occur when unintended radio frequency signals are generated outside a station’s assigned bandwidth. These have the potential to cause harmful interference to other licensed users.
According to the NOV, a field agent from the FCC’s San Francisco Office monitoring the station’s transmissions on June 27, 2025 spotted the alleged violation. Specifically, the agent observed spurious emissions emanating from the Station’s transmitter that were above the allowable limit under Section 73.317(d) of the FCC’s Rules. Based on the station’s authorized power of 120 watts, emissions outside its licensed frequency should have been attenuated by at least 63.8 dB, but the FCC concluded that the station’s spurious emissions exceeded that level.
The NOV requests additional information from the station’s licensee concerning the claimed violation. It instructs the licensee to submit within 20 days a written response fully explaining each alleged violation and all relevant surrounding facts and circumstances, including the specific actions taken to correct any violations and prevent recurrence. The NOV also requires the licensee to submit a timeline for completing any pending corrective actions. It must support its response with an affidavit or declaration from an authorized officer of the licensee with personal knowledge of the facts.
While the NOV itself does not impose a monetary fine, the FCC may choose to take additional action after reviewing the licensee’s response, including issuing a Notice of Apparent Liability for Forfeiture, if warranted.