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:

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.