Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act
(Sec. 2) This bill amends the Communications Act of 1934 to address unlicensed radio broadcasting (called "pirating"), including:
The FCC must: (1) annually report to Congress summarizing implementation of this bill and associated enforcement activities for the previous fiscal year; and (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets.
The FCC may not preempt any state or local law prohibiting pirate radio broadcasting.
The FCC shall: (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations; and (2) publish a database of all licensed radio stations operating in the AM and FM bands, which shall be easily accessible from the FCC home page, identifying each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order by the FCC.
(Sec. 3) No additional funds are authorized to carry out this bill.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5709 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5709
To amend the Communications Act of 1934 to provide for enhanced
penalties for pirate radio, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2018
Mr. Lance (for himself, Mr. Tonko, Mr. Collins of New York, Mr. Gene
Green of Texas, Mr. Bilirakis, Mr. Moulton, Mr. Flores, Mrs. Dingell,
Mr. King of New York, Mrs. Carolyn B. Maloney of New York, Ms.
Velazquez, Mr. Faso, Miss Rice of New York, and Mr. Sean Patrick
Maloney of New York) introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to provide for enhanced
penalties for pirate radio, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Illegal Radio Abuse
Through Enforcement Act'' or the ``PIRATE Act''.
SEC. 2. PIRATE RADIO ENFORCEMENT ENHANCEMENTS.
Title V of the Communications Act of 1934 (47 U.S.C. 501 et seq.)
is amended by adding at the end the following new section:
``SEC. 511. ENHANCED PENALTIES FOR PIRATE RADIO BROADCASTING; SEIZURE
OF ILLEGAL EQUIPMENT; ENFORCEMENT SWEEPS.
``(a) Increased General Penalty.--Any person who willfully and
knowingly does or causes or suffers to be done any pirate radio
broadcasting shall be subject to a fine of not more than $2,000,000.
``(b) Violation of This Act, Rules, or Regulations.--Any person who
willfully and knowingly violates this Act or any rule, regulation,
restriction, or condition made or imposed by the Commission under
authority of this Act, or any rule, regulation, restriction, or
condition made or imposed by any international radio or wire
communications treaty or convention, or regulations annexed thereto, to
which the United States is or may hereafter become party, relating to
pirate radio broadcasting shall, in addition to any other penalties
provided by law, be subject to a fine of not more than $100,000 for
each day during which such offense occurs, in accordance with the limit
described in subsection (a).
``(c) Live Pirate Radio Broadcasting.--Section 503(b)(4) does not
apply for a forfeiture penalty imposed on a person if the Commission
has direct evidence that the person is responsible for a pirate radio
broadcast and such broadcast is occurring in real time.
``(d) Facilitation.--Any person who knowingly and intentionally
facilitates pirate radio broadcasting shall be subject to a fine of not
more than $2,000,000.
``(e) Enforcement Sweeps.--
``(1) Biannual sweeps.--Not less than twice each year, the
Commission shall assign appropriate enforcement personal to
focus specific and sustained attention on the elimination of
pirate radio broadcasting within the top five radio markets
identified as prevalent for such broadcasts. Such effort shall
include identifying, locating, and terminating such operations
and seizing related equipment under subsection (e).
``(2) No effect on remaining enforcement.--Notwithstanding
paragraph (1), the Commission shall not decrease or diminish
the regular enforcement efforts targeted to pirate radio
broadcast stations for other times of the year.
``(f) State and Local Government Authority.--
``(1) Statutes or ordinances permitted.--A State or local
government may enact a statute or ordinance that imposes civil
or criminal penalties for pirate radio broadcasting, or for
knowingly and intentionally facilitating pirate radio
broadcasting, provided that the determination whether a radio
station is engaged in pirate radio broadcasting shall be made
exclusively by the Commission.
``(2) Commission authority preserved.--Enforcement by a
State or local government of a statute or ordinance under this
section shall not preclude the Commission or Federal law
enforcement authority from concurrently enforcing this section
and section 301 of this Act, any other Federal law, or any
regulation of the Commission thereunder.
``(g) Definitions.--In this section:
``(1) Pirate radio broadcasting.--The term `pirate radio
broadcasting' means the transmission of communications on
spectrum frequencies between 535 to 1705 kHz or 87.7 to 108 MHz
without a license issued by the Federal Communications
Commission, but does not include unlicensed operations in
compliance with part 15 of title 47, Code of Federal
Regulations.
``(2) Facilitates.--The term `facilitates' means providing
access to property (and improvements thereon) or providing
physical goods or services, including providing housing,
facilities, or financing, that directly aid pirate radio
broadcasting.
``(3) Knowingly and intentionally.--The term `knowingly and
intentionally' means the person was previously served by the
Commission with a notice of unlicensed operations, notice of
apparent liability, or citation for efforts to facilitate
pirate radio broadcasting.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-843.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-843.
Placed on the Union Calendar, Calendar No. 652.
Mr. Lance moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H6597-6598)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5709.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6597)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6597)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.