[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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