The Federal Communications Commission is lowering the hammer a trio of alleged pirate radio operators in New York and Massachusetts as it finalizes $60,000 in fines against them. Two of the operators never responded to the allegations against them, while a third admitted running a pirate station but asked for leniency after promising to stay off the air. The FCC wasn’t persuaded.
In three forfeiture orders released Thursday (Oct. 22), the Enforcement Bureau affirmed $20,000 penalties against Etzer Toussaint of Spring Valley, NY; Henderson Lennox Elcock of Brooklyn, NY; and Shane Kelly of Hyannis, MA. All three had previously been accused of operating unauthorized FM stations, and the FCC concluded there was no reason to reduce or cancel their penalties.
The most unusual case involves Kelly, who admitted operating an unlicensed station called “The Test” on 87.9 FM from his home in Hyannis. FCC field agents traced the signal to his Lincoln Road residence in June 2023, where measurements showed the station was operating above the limits permitted for unlicensed transmissions.
When agents visited the property the following month, Kelly acknowledged operating the station intermittently as a hobby and admitted he did not have an FCC license. By then, the station was no longer broadcasting, and a follow-up investigation in December 2023 found no transmissions coming from the property. After the FCC proposed a $20,000 fine in April 2024, Kelly responded that he had shut down the station, disposed of his broadcasting equipment and would not engage in pirate activity broadcasting again. He asked it to dismiss the penalty or show leniency based on his decision to stop operating.
But the FCC rejected that plea, noting that Kelly didn’t dispute the underlying violations and had provided no documentation supporting his claim that he dismantled the equipment. The Enforcement Bureau concluded that his subsequent compliance didn’t justify reducing the penalty and affirmed the full $20,000 forfeiture.
The other two cases involve alleged pirate operators in the New York metro who failed to respond to the FCC’s proposed fines.
In Spring Valley, the Commission finalized a $20,000 penalty against Toussaint for operating “Radio Tele Model” on 88.9 FM. The station was previously traced to a commercial property along Route 59, and investigators linked Toussaint to the operation through the station’s website, which identified Toussaint as “Président Directeur Général” of the station. The FCC proposed the penalty in January, but Toussaint didn’t respond to the allegations. That led the Enforcement Bureau to adopt its earlier findings and make the fine final.
In Brooklyn, Elcock faces a final $20,000 fine for operating “Wild FM” on 106.3 FM. Field agents tracked the station to a building on New York Avenue in the Prospect Lefferts Gardens neighborhood in 2025. Investigators also linked Elcock to the operation through a telephone number advertised on the station’s Facebook page. It proposed the $20,000 fine in January but Elcock also didn’t respond to the FCC. That led the Enforcement Bureau to affirmed the full amount.
The three pirate radio operators now have 30 days to pay their fines. If they fail to do so, the FCC says their cases may be referred to the Department of Justice for collection.
The latest orders underscore the FCC’s continued efforts targeting pirate radio stations. Under FCC Chairman Brendan Carr, the Enforcement Bureau has also reached settlements with some pirate radio operators that reduce financial penalties in exchange for long-term commitments not to resume unauthorized broadcasting. With many pending fines having gone uncollected, it is seen as a way to achieve the goal of getting pirates off the air — without the time-consuming legal efforts of collecting the money.