[Scan-DC] FCC Gets Lead From Tweet About Illegal Broadcast on NYPD Frequency

[Alan Henney]

http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0414/DOC-344411A1.pdf

Media Contact: 
Office of Media Relations, (202) 418-0500
mediarelations
@fcc.gov

For Immediate Release

FCC PROPOSES TO FINE NEW YORK INDIVIDUAL FOR ILLEGAL USE OF NYPD RADIO SYSTEM & TRANSMITTING FALSE BOMB THREATS

FCC Gets Lead From Tweet About Illegal Broadcast on NYPD Frequency

WASHINGTON, April 14, 2017– The Federal Communications Commission has proposed to fine a New York City resident for apparently operating a radio transmitter on frequencies that the Commission has licensed to the New York Police Department (NYPD), causing interference with the NYPD’s radio system. The individual, Mr. Jay Peralta, faces a proposed fine of $404,166 for this egregious conduct.

Mr. Peralta allegedly transmitted threatening messages directed at NYPD officers.  These messages included false bomb threats and false officer-in-distress calls to NYPD dispatchers. The Commission takes very seriously the unauthorized use of the radio systems used by first responders, as it can cause interference and may significantly harm the public by impairing the ability of legitimate users to communicate.

Today’s action is a result of an investigation that began in August 2016 when a Commission employee observed a Twitter post about an unlawful intrusion on the NYPD’s radio system. The NYPD provided the FCC with a written statement by Mr. Peralta, who is currently in police custody for related charges, in which he apparently acknowledged making nine unauthorized transmissions on the NYPD’s radio system. 

The proposed fine details the Commission’s allegations of unlawful conduct and proposes the maximum monetary penalty permitted under the law.  As with any proposed fine, Mr. Peralta has 30 days to respond to this notice. According to his statement to the NYPD, on at least one occasion, Mr. Peralta apparently made unauthorized transmissions on the NYPD’s radio system in order to distract officers while his accomplices allegedly committed a robbery.

The FCC is tasked with overseeing use of the nation’s radio frequency spectrum and issues licenses under which entities such as broadcasters, public safety agencies, and wireless phone and data networks operate.  The NYPD is a licensed user of multiple radio frequencies in the New York City area.

A copy of today’s proposed fine, formally known as a Notice of Apparent Liability for Forfeiture (NAL), is available at:
https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-35A1.pdf

Action by the Commission April 13, 2017 by Notice of Apparent Liability for Forfeiture (FCC 17-35).  Chairman Pai, Commissioners Clyburn and O’Rielly approving.  Chairman Pai issuing a separate statement. 

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This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official action.  See MCI v. FCC, 515 F. 2d 385 (D.C. Cir. 1974)