[Congressional Record Volume 165, Number 34 (Monday, February 25, 2019)]
[House]
[Pages H2050-H2052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PREVENTING ILLEGAL RADIO ABUSE THROUGH ENFORCEMENT ACT
Mr. TONKO. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 583) to amend the Communications Act of 1934 to provide for
enhanced penalties for pirate radio, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 583
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 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) Annual Report.--Not later than 1 year after the date
of enactment of the PIRATE Act, and annually thereafter, the
Commission shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate 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.
``(d) 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 5 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 6 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.
``(e) State and Local Government Authority.--The Commission
may not preempt any State or local law prohibiting pirate
radio broadcasting.
``(f) 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 operation.
``(g) 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 issued 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.
``(h) Definition of Pirate Radio Broadcasting.--In this
section, the term `pirate radio broadcasting' means the
transmission of communications on spectrum frequencies
between 535 and 1705 kilohertz, inclusive, or 87.7 and 108
megahertz, inclusive, without a license issued by the
Commission, but does not include unlicensed operations in
compliance with part 15 of title 47, Code of Federal
Regulations.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Tonko) and the gentleman from Ohio (Mr. Latta) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. TONKO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to support H.R. 583, the Preventing Illegal Radio
Abuse Through Enforcement Act, or PIRATE Act, a bill sponsored by
myself and Mr. Bilirakis. This measure is a bipartisan, commonsense
bill that passed the House last Congress.
Mr. Speaker, first, a heartfelt thank you to everyone who has worked
on this measure. I thank Representative Bilirakis for agreeing to lead
this effort with me in this Congress. I thank our former colleague,
Congressman Leonard Lance, for all his work on this bill in the past.
And I thank the New York State broadcasters for their dedication.
For years, I, along with many Members of the New York and New Jersey
delegations, have voiced our concern that pirate radio operators are a
threat to Americans' public health and safety. Yet these lawbreakers
are as prevalent as ever, and their actions have been met with few
consequences. This legislation responds directly to that threat.
The FCC has taken some positive steps to remedy this issue, but more
needs to be done.
In short, the PIRATE Act would increase penalties and restrictions on
pirate radio.
Whether a radio frequency is being used by first responders
coordinating to save lives, or parents who want to keep obscenity and
bigotry away from their children, for example, our communities are
better served when broadcasters respect the rule of law.
Previous drafts of the PIRATE Act included provisions creating
liability for those who facilitate illegal pirate radio operation.
These provisions were removed as being duplicative with existing law.
For example, under current law, the FCC can hold a property owner
liable for allowing a pirate radio operator access or other assistance.
Cutting these provisions should not be taken as limiting the
Commission's authority to assess fines against those who assist illegal
pirate operations. On the contrary, the consequences established in
this act would also apply in these contexts.
[[Page H2051]]
The text of the bill before us today includes changes that were
requested in the Senate last Congress.
Mr. Speaker, I include in the Record letters of support for H.R. 583
from the 50 State broadcast associations.
January 18, 2019.
50 State Broadcasters Associations Urge Passage of the
Bipartisan PIRATE Act
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Kevin McCarthy,
Minority Leader, House of Representatives,
Washington, DC.
Hon. Charles Schumer,
Minority Leader, U.S. Senate,
Washington, DC.
Dear Speaker Pelosi and Leaders McCarthy, McConnell and
Schumer: The undersigned broadcasters associations
representing local, over-the-air broadcast stations in all 50
States, the District of Columbia and the Commonwealth of
Puerto Rico urge your swift consideration and passage of the
Preventing Illegal Radio Abuse Through Enforcement (PIRATE)
Act (H.R. 583). The PIRATE Act would provide the Federal
Communications Commission (FCC) with critical new enforcement
measures to combat pirate radio operations. Last Congress,
substantially similar bipartisan legislation (H.R. 5709,
115th) passed the House of Representatives unanimously.
For years unauthorized pirate radio stations have harmed
communities across the country by undermining the Emergency
Alert System, interfering with airport communications, posing
direct health risks and interfering with licensed stations'
abilities to serve their listeners. The time has come to take
significant steps to resolve this vexing problem.
The PIRATE Act gives the FCC additional tools to address
the growing pirate radio problem. It provides the authority
to levy increased fines up to $100,000 per violation and
$2,000,000 in total. The PIRATE Act streamlines the
enforcement process and requires the FCC to conduct pirate
radio enforcement sweeps in cities with a concentration of
pirate radio stations. It recognizes the importance of FCC
coordination with federal, state and local law enforcement
authorities. Finally, the PIRATE Act would create a database
of all licensed radio stations operating in the AM and FM
bands as well as those entities that have been subject to
enforcement actions for illegal operation.
We are reaching the point where illegal pirate stations
undermine the legitimacy and purpose of the FCC's licensing
system to the detriment of listeners in communities across
the country. The PIRATE Act will help the FCC restore
integrity to the system. For these reasons, local
broadcasters across our great nation fully support the
bipartisan PIRATE Act and urge its swift passage without
changes.
Respectfully,
Sharon Tinsley, Alabama Broadcasters Association; Cathy
Hiebert, Alaska Broadcasters Association; Christopher Kline,
Arizona Broadcasters Association; Luke Story, Arkansas
Broadcasters Association; Joe Berry, California Broadcasters
Association; Justin Sasso, Colorado Broadcasters Association;
Michael Patrick Ryan, Connecticut Broadcasters Association;
C. Patrick Roberts, Florida Association of Broadcasters; Bob
Houghton, Georgia Association of Broadcasters; Jamie
Hartnett, Hawaii Association of Broadcasters; Connie Searles,
Idaho State Broadcasters Association; Dennis Lyle, Illinois
Broadcasters Association.
Dave Arland, Indiana Broadcasters Association; Sue Toma,
Iowa Broadcasters Association; Kent Cornish, Kansas
Association of Broadcasters; Chris Winkle, Kentucky
Broadcasters Association; Polly Prince Johnson, Louisiana
Association of Broadcasters; Suzanne Goucher, Maine
Association of Broadcasters; Lisa Reynolds, Maryland/D.C./
Delaware (MDCD) Broadcasters Association; Jordan Walton,
Massachusetts Broadcasters Association; Karole L. White,
Michigan Association of Broadcasters; Wendy Paulson,
Minnesota Broadcasters Association; Margaret Perkins,
Mississippi Association of Broadcasters; Mark Gordon,
Missouri Broadcasters Association.
Dewey Bruce, Montana Broadcasters Association; Jim Timm,
Nebraska Broadcasters Association; Mitch Fox, Nevada
Broadcasters Association; Tracy Caruso, New Hampshire
Association of Broadcasters; Paul Rotella, New Jersey
Broadcasters Association; Paula Maes, New Mexico Broadcasters
Association; David Donovan, New York State Broadcasters
Association; Lisa Reynolds, North Carolina Association of
Broadcasters; Beth Helfrich, North Dakota Broadcasters
Association; Christine Merritt, Ohio Association of
Broadcasters; Vance Harrison, Oklahoma Association of
Broadcasters; John Tamerlano, Oregon Association of
Broadcasters.
Joe Conti, Pennsylvania Association of Broadcasters; Jose
A. Ribas Dominicci, Radio Broadcasters Association of Puerto
Rico; Lori Needham, Rhode Island Broadcasters Association;
Margaret Wallace, South Carolina Broadcasters Association;
Steve Willard, South Dakota Broadcasters Association; Whit
Adamson, Tennessee Association of Broadcasters; Oscar
Rodriguez, Texas Association of Broadcasters; Michele
Zabriskie, Utah Broadcasters Association; Wendy Mays, Vermont
Association of Broadcasters; Doug Easter, Virginia
Association of Broadcasters; Keith Shipman, Washington State
Association of Broadcasters; Michele Crist, West Virginia
Broadcasters Association; Michelle Vetterkind, Wisconsin
Broadcasters Association; Laura Grott, Wyoming Association of
Broadcasters.
Mr. TONKO. Mr. Speaker, H.R. 583 is a bipartisan, commonsense advance
in the laws that support our first responders and protect our
communities. I urge my colleagues to support this legislation so it can
be taken up in the Senate and signed into law.
Mr. Speaker, I reserve the balance of my time.
Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I also rise in support of H.R. 583, the Preventing
Illegal Radio Abuse Through Enforcement Act, the PIRATE Act, introduced
by my friends Mr. Tonko and Mr. Bilirakis.
Mr. Speaker, I thank Mr. Tonko and Mr. Bilirakis for their bipartisan
efforts to combat illegal pirate radio operations.
This bill gives the Federal Communications Commission, along with
State and local law enforcement, more tools to go after pirate radio
operators. Without the ability to effectively go after illegal
transmitters, the FCC and other entities cannot protect the over 240
million Americans who rely on radio broadcasting for vital news and
entertainment.
Furthermore, stopping bad actors from pirating our airwaves improves
public safety by preventing unlawful broadcasts from interfering with
first responders' lifesaving communications and public safety
officials' transmission of critical information in an emergency.
Mr. Speaker, I urge passage of the PIRATE Act, and I reserve the
balance of my time.
Mr. TONKO. Mr. Speaker, I have no further Members who choose to
speak. I reserve the balance of my time.
Mr. LATTA. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Walberg).
Mr. WALBERG. Mr. Speaker, I rise today in support of H.R. 583, the
PIRATE Act, led by Chairman Tonko and Representative Bilirakis.
The bipartisan bill takes an important step to protect the vital
public safety announcements, news, and educational benefits local
broadcasters serve to their communities.
When illegal pirate radio operators interfere with important public
safety communications, it can be detrimental to the public. These
illegal pirate operators also interfere with critical aviation
frequencies, potentially putting lives at risk.
Legitimate, licensed broadcasters who provide the foundation of our
Nation's Emergency Alert System must be protected from this type of
harmful interference.
H.R. 583 would give the FCC stronger tools to continue their
enforcement sweeps and fine violators in order to better protect
Americans.
Mr. Speaker, I thank my colleagues on the Energy and Commerce
Committee for their leadership on this bipartisan legislation, and I
urge its passage today.
Mr. LATTA. Mr. Speaker, again, for all the reasons that I have stated
here today on the PIRATE Act, I believe that this bill is essential to
pass today, and I ask the House to pass H.R. 583.
Mr. Speaker, I yield back the balance of my time.
Mr. TONKO. Mr. Speaker, to close, I believe that this measure, H.R.
583, moves us forward in a way that better protects public health and
safety. It has the endorsement of many in the field, including 50 State
broadcast associations.
Mr. Speaker, I encourage our colleagues to support H.R. 583, and I
yield back the balance of my time.
Mr. WALDEN. Mr. Speaker, I rise today in support of H.R. 583, the
Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act,
introduced by Reps. Paul Tonko and Gus Bilirakis. I want to thank Rep.
Chris Collins of New York and former Rep. Leonard Lance of New Jersey
for leading on this last Congress.
Mr. Speaker, I've been around radio for most of my life. From working
as a teenage janitor at my dad's radio station to spending more than 20
years as a radio station owner myself; in fact, I'm still a licensed
amateur radio operator today. But you don't need that much experience
to understand that protecting our public airwaves from illegal pirate
radio interference is important for consumers and broadcasters alike.
[[Page H2052]]
The PIRATE Act gives the FCC additional tools to address the growing
pirate radio problem and increases the penalties for bad actors. These
illegal broadcasts deprive Americans of important programming provided
by legitimate broadcast license-holders serving the public interest.
And they can disrupt important public safety communications, including
our nation's Emergency Alert System and critical aviation frequencies.
In many cases, these pirate radio stations broadcast vile and vulgar
content, which also harms consumers. By preventing illegal pirate radio
operations, consumers are protected, and airwaves are kept free for
legitimate broadcasts and public safety announcements.
Last Congress, this House passed the PIRATE Act by voice vote. I'd
like to thank our former colleague Leonard Lance, who first authored
this legislation last Congress, and my colleagues Mr. Tonko and Mr.
Bilirakis for bringing this important bill to strengthen our public
safety communications back to the House floor today. I urge its quick
passage.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Tonko) that the House suspend the rules
and pass the bill, H.R. 583.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________