[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5709 Introduced in House (IH)]

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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.''.
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