Fabrice Polynice, known as DJ Paz, is contesting a $2.4 million FCC fine for allegedly running an unauthorized radio station, "Radio Touche Douce," on 90.1 MHz for 22 days in early 2023. 

The FCC, which issued the penalty on June 6 via Forfeiture Order (FCC 25-32), labels Polynice a repeat pirate broadcaster since 2012. 

In response, Polynice, represented by attorney Dan J. Alpert, has filed a petition for reconsideration, challenging both the fine’s amount and the FCC’s authority to impose it.

Polynice argues the fine is excessive given his average annual income of under $16,000 over the past three years, as shown in financial documents. 

His petition leans on the 2024 Supreme Court ruling in SEC v. Jarkesy and the 2025 Fifth Circuit decision in AT&T v. FCC, which question the constitutionality of agency-imposed civil penalties without jury trials. 

Polynice’s team asserts that the FCC’s process—acting as prosecutor, judge, and jury—violates the Seventh Amendment, as highlighted in Jarkesy.

The petition also cites a white paper by former FCC deputy general counsel Peter Karanjia, which argues the FCC’s forfeiture process may be unconstitutional post-Jarkesy without Congressional reform. 

Polynice notes that FCC fines, which go to the U.S. Treasury, are punitive, not compensatory, and thus require Article III court adjudication with a jury.

Polynice requests the FCC withdraw its order, warning that failure to do so could lead to federal court action, potentially reshaping how agencies enforce penalties.