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

<DOC>





                                                 Union Calendar No. 652
115th CONGRESS
  2d Session
                                H. R. 5709

                          [Report No. 115-843]

    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

                             July 18, 2018

                   Additional sponsor: Mrs. Blackburn

                             July 18, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 8, 
                                 2018]


_______________________________________________________________________

                                 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; 
              ENFORCEMENT SWEEPS; REPORTING.

    ``(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) Facilitation.--Any person who knowingly and intentionally 
facilitates pirate radio broadcasting shall be subject to a fine of not 
more than $2,000,000.
    ``(d) Annual Report.--Not later than one year after the date of 
enactment of the PIRATE Act, and annually thereafter, the Commission 
shall submit to the House Committee on Energy and Commerce and the 
Senate Committee on Commerce, Science, and Transportation a report 
summarizing the implementation of this section and associated 
enforcement activities for the previous fiscal year, which may include 
the efforts by the Commission to enlist the cooperation of Federal, 
State, and local law enforcement personnel (including United States 
Attorneys and the United States Marshals Service) for service of 
process, collection of fines or forfeitures, seizures of equipment, and 
enforcement of orders.
    ``(e) Enforcement Sweeps.--
            ``(1) Annual sweeps.--Not less than once each year, the 
        Commission shall assign appropriate enforcement personnel 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 taking enforcement actions 
        designed to terminate such operations.
            ``(2) Additional monitoring.--Within six months after 
        conducting the enforcement sweeps required by paragraph (1), 
        the Commission shall conduct monitoring sweeps to ascertain 
        whether the pirate radio broadcasting identified by enforcement 
        sweeps is continuing to broadcast and whether additional pirate 
        radio broadcasting is occurring.
            ``(3) 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.--The Commission may not 
preempt any State or local law prohibiting pirate radio broadcasting.
    ``(g) Revision of Commission Rules Required.--The Commission shall 
revise its rules to require that, absent good cause, in any case 
alleging a violation of subsection (a) or (b), the Commission shall 
proceed directly to issue a `Notice of Apparent Liability' without 
first issuing a `Notice of Unlicensed Operations'.
    ``(h) Pirate Radio Broadcasting Database.--
            ``(1) In general.--Not later than 90 days after the date of 
        the enactment of this section, and semi-annually thereafter, 
        the Commission shall publish a database in a clear and legible 
        format of all licensed radio stations operating in the AM and 
        FM bands. The database shall be easily accessible from the 
        Commission home page through a direct link. The database shall 
        include the following information:
                    ``(A) Each licensed station, listed by the assigned 
                frequency, channel number, or Commission call letters.
                    ``(B) All entities that have received a Notice of 
                Unlicensed Operation, Notice of Apparent Liability, or 
                Forfeiture Order by the Commission.
            ``(2) Clear identification.--The Commission shall clearly 
        identify in the database--
                    ``(A) each licensed station as a station licensed 
                by the Commission; and
                    ``(B) each entity described in paragraph (1)(B) as 
                operating without a Commission license or 
                authorization.
    ``(i) 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.''.
                                                 Union Calendar No. 652

115th CONGRESS

  2d Session

                               H. R. 5709

                          [Report No. 115-843]

_______________________________________________________________________

                                 A BILL

    To amend the Communications Act of 1934 to provide for enhanced 
          penalties for pirate radio, and for other purposes.

_______________________________________________________________________

                             July 18, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed