[Congressional Record Volume 164, Number 123 (Monday, July 23, 2018)]
[House]
[Pages H6597-H6598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PREVENTING ILLEGAL RADIO ABUSE THROUGH ENFORCEMENT ACT
Mr. LANCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 5709) to amend the Communications Act of 1934 to provide for
enhanced penalties for pirate radio, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows
H.R. 5709
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.''.
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to
carry out this Act or the amendment made by this Act. This
Act and the amendment made by this Act shall be carried out
using amounts otherwise authorized.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Lance) and the gentlewoman from Michigan (Mrs. Dingell)
each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. LANCE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. LANCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I yield myself such time as I may consume because, in my
judgment, this is an important bill that we should all support.
The Preventing Illegal Radio Abuse Through Enforcement Act, or PIRATE
Act, combats the very serious issue of unlawful broadcasting, often
called ``pirate radio,'' and gives the Federal Communications
Commission additional powers to issue fines on any person who willfully
and knowingly broadcasts radio transmissions over AM or FM frequencies
without a license from the Federal Communications Commission.
I thank my colleague, Congressman Tonko of New York, for joining me
in offering this bipartisan legislation.
New Jersey, where I live, has one of the largest concentrations of
pirate radio operators in the country. Pirate radio signals have been
found to interfere with the emergency alert system and Federal Aviation
Administration operations, causing significant harm to public safety.
They also disrupt the business of licensed broadcasters who comply with
the multitude of FCC regulations. Minority-owned broadcasters are
disproportionately harmed by pirate radio operators in urban areas.
Knocking down pirate radio broadcasts prevents these bad actors from
interfering with the licensed broadcasters public safety officials rely
on to transmit communications during times of emergency. These unlawful
broadcasts are interfering with the news and information programming
people count on and needlessly clogging the information highway at
important times.
It is time to take these pirates off the air by hiking the penalties
and working with the Federal Communications Commission on enforcement.
Chairman Pai and Commissioner O'Rielly have been able partners in
[[Page H6598]]
making sure these broadcasts are stopped. This bill will give the FCC
even more tools to take down these illegal broadcasts.
This act increases fines tenfold for illegal pirate operations to
$100,000 in an effort to boost the deterrent against these broadcasts.
The bill further holds those who facilitate pirate operations liable,
while also streamlining the enforcement process. It also takes a
further step in instituting enforcement sweeps by requiring the FCC to
conduct biannual enforcement sweeps in the top five radio markets with
significant illegal pirate operations, which would include the New
Jersey and major New York media market.
I commend Chairman Pai for his leadership on this issue. Since 2017,
the FCC has significantly cracked down on this illegal activity, and
this bill will ensure future commissions continue this rigorous
enforcement, helping to ensure that these illegal operators stay off
the air.
The issue of pirate radio operators is a more pressing public issue
than it seems. We have to clean up the airwaves to make way for public
safety announcements, Federal Aviation Administration conversations,
and other important information. Radio frequencies are not toys for
unlicensed broadcasters.
Mr. Speaker, I urge all Members to support this important
legislation, and I reserve the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to support H.R. 5709, the Preventing Illegal
Radio Abuse Through Enforcement Act, otherwise known as the PIRATE Act.
Unauthorized radio operators, called pirate broadcasters, are a
growing threat to the public airwaves. Not only do they cause an
annoyance by interfering with news and entertainment programs of
legitimate broadcasters, but they pose a serious risk in time of
emergencies by preventing the public from hearing critical public
safety alerts and messages. And they put their own listeners at risk
because they are not equipped to carry these messages.
They may also interfere with the communication channels of important
agencies like the Federal Aviation Administration.
The FCC has stepped up its enforcement against pirate broadcasters,
but we can do more. The bill before us today increases the fines that
can be levied against pirate broadcasters from $10,000 per day,
currently, to $100,000 per day. It also sets a maximum penalty of $2
million for pirate broadcasters and those that knowingly and
intentionally facilitate pirate broadcasters.
The bill also ensures that the FCC continues its sustained
enforcement efforts on pirate broadcasters, while balancing the other
important missions of the enforcement bureau and its field staff.
State and local prosecutors can be partners in this effort. The bill
ensures that laws prohibiting pirate broadcasters enacted by States and
cities are not preempted.
H.R. 5709 is a bipartisan, commonsense bill. And, yes, I agree with
my colleague here about what a good bill this is. I thank the authors,
Mr. Lance and Mr. Tonko, for the very hard work they put into this
measure, and I urge my colleagues to support it today.
Mr. Speaker, I reserve the balance of my time.
Mr. LANCE. Mr. Speaker, I am pleased to yield 3 minutes to the
gentleman from Florida (Mr. Bilirakis), a member of the Energy and
Commerce Committee.
Mr. BILIRAKIS. Mr. Speaker, as members of the Communications and
Technology Subcommittee, we have heard of the impact pirate radio
operators have had on the authorized radio community.
There have also been instances in which emergency service
communications have been hindered because of their illegal operators,
including off the Gulf Coast of Florida. In Florida, we have worked
closely with local law enforcement to identify and shut down pirate
radio operators, as well as confiscate their equipment.
However, I have heard from the Federal Communications Commission
countless times that, on a Federal level, there is limited authority to
crack down on these operators and prevent their reestablishment. The
PIRATE Act will help give teeth to FCC enforcement of illegal radio
operators.
By hitting them in their pocketbook, the FCC can better stop these
illegal actors for good. The recent success we have had in Florida
proves the need for stronger penalties on these bad actors.
The PIRATE Act will help give teeth to the FCC enforcement of illegal
radio operators. For this reason, I am proud to cosponsor H.R. 5709,
and I support its passage.
Mrs. DINGELL. Mr. Speaker, once again, I urge my colleagues to
support H.R. 5709, and I yield back the balance of my time.
Mr. LANCE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Lance) that the House suspend the rules
and pass the bill, H.R. 5709, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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