[Senate Report 116-178]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 374
                                                       
116th Congress }                                             { Report
                                 SENATE
 1st Session   }                                             { 116-178                                           

_______________________________________________________________________


        PREVENTING ILLEGAL RADIO ABUSE THROUGH ENFORCEMENT ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1228
                                
                                

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
              
              
              December 17, 2019.--Ordered to be printed
              
                              _________
                              
                              
                U.S. GOVERNMENT PUBLISHING OFFICE
                
                
99-010                WASHINGTON : 2019               




       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
       
                     ONE HUNDRED SIXTEENTH CONGRESS
                     
                             FIRST SESSION

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               
               

                                                       Calendar No. 374
116th Congress }                                            { Report
                                 SENATE
 1st Session   }                                            { 116-178

======================================================================

 
         PREVENTING ILLEGAL RADIO ABUSE THROUGH ENFORCEMENT ACT

                                _______
                                

               December 17, 2019.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1228]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1228) to amend the 
Communications Act of 1934 to provide for enhanced penalties 
for pirate radio, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 1228, the Preventing Illegal Radio Abuse 
Through Enforcement Act or PIRATE Act, is to increase the 
financial penalties for pirate radio broadcasting. The bill 
also would direct the Federal Communications Commission (FCC or 
Commission) to increase its efforts to combat pirate radio 
broadcasting through increased, targeted enforcement, annual 
reporting, and to revise its rules to speed enforcement 
procedures against pirate radio broadcast operations.

                          Background and Needs

    It is a foundational principle of United States 
telecommunications law that to operate a radio station, one 
needs a license from the FCC. Specifically, section 301 of the 
Communications Act prohibits the ``use or operat[ion of] any 
apparatus for the transmission of energy or communications or 
signals by radio'' without a license.\1\ Indeed, a primary 
reason for creating the FCC was to ``maintain the control of 
the United States over all the channels of radio transmission; 
and to provide for the use of such channels . . . under 
licenses granted by Federal authority.''\2\
---------------------------------------------------------------------------
    \1\47 U.S.C. 301.
    \2\Id.
---------------------------------------------------------------------------
    This statutory requirement has not stopped various 
individuals and companies from operating radio transmission 
equipment without a license. ``Pirate radio'' is the common 
term used to describe radio operations in the AM and FM radio 
bands without first obtaining a license from the FCC. These 
pirate radio operations harm the public in a number of ways; 
most importantly, by undermining public safety. For example, 
pirate radio operations may interfere with legitimate, licensed 
broadcast stations' ability to convey important public safety 
messages--including Emergency Alert System (EAS) 
transmissions--that provide vital information regarding weather 
and other dangers to the public.\3\ In addition to potentially 
blocking EAS transmissions, because pirate radio is unlicensed, 
these operators do not participate in the EAS system and do not 
follow Commission rules regarding emergency alerting. Pirate 
radio stations neither receive messages through the Integrated 
Public Alert and Warning System\4\ nor broadcast any such 
warnings. In addition, pirate radio operations can undermine or 
even block the ability of licensed, legal broadcasters to 
provide news and entertainment. In some instances, pirate radio 
is even alleged to have caused interference to aircraft.\5\
---------------------------------------------------------------------------
    \3\FCC's Ramped Up `Pirate Radio' Enforcement Yields Results, Press 
Release, Federal Communications Commission, Apr. 11, 2018 (https://
www.fcc.gov/document/fccs-ramped-pirate-radio-enforcement-yields-
results).
    \4\The Integrated Public Alert & Warning System (IPAWS) provides 
public safety officials with an effective way to alert and warn the 
public about serious emergencies using the Emergency Alert System, 
Wireless Emergency Alerts, the National Oceanic and Atmospheric 
Administration (NOAA) Weather Radio, and other public alerting systems 
from a single interface (https://www.fema.gov/integrated-public-alert-
warning-system).
    \5\Repeat Pirate Accused of Interfering with Airplane Radio 
Signals, Inside Radio (Aug. 29, 2018) (http://www.insideradio.com/free/
repeat-pirate-accused-of-interfering-with-airplane-radio-
signals/article_bd7a872e-ab4f-11e8-8f38-d7f621daed53.html).
---------------------------------------------------------------------------
    Advances in technology have allowed for the creation of a 
new breed of small, highly mobile pirate radio stations. 
Despite Commission efforts to combat pirate radio, these 
operations continue to be a significant problem.\6\ Pirate 
radio is particularly problematic in several major radio 
markets such as New York, Boston, and Miami, which have the 
greatest concentration of pirate radio activities.\7\ One study 
estimated that there were more illegal than legal radio 
stations operating in the New York metropolitan area.\8\ 
Consequently, in addition to the Commission's regular 
enforcement actions, these markets require additional, targeted 
enforcement sweeps by the Commission.
---------------------------------------------------------------------------
    \6\FCC's Ramped Up `Pirate Radio' Enforcement Yields Results, Press 
Release, Federal Communications Commission, Apr. 11, 2018 (https://
www.fcc.gov/document/fccs-ramped-pirate-radio-enforcement-yields-
results).
    \7\FCC Enforcement Actions Against Pirate Radio by Location, 
Summary of Enforcement Actions (Jan. 1, 2017-May 29, 2019) (https://
www.fcc.gov/reports-research/maps/fcc-enforcement-actions-against-
pirate-radio-location/).
    \8\Wallace, Dennis, Meintel, Sgrirnoli & Wallace, Field 
Measurements of Unauthorized FM Band Radio Signals in New York NY 
Metropolitan Area; Phase Four, May 19, 2016 at 2, 9 (https://
nysbroadcasters.org/wp-content/uploads/2018/03/Pirates-MSW-2016-study-
final-pdf.pdf).
---------------------------------------------------------------------------
    The growth of pirate radio operations can be attributed to 
several factors. The price of transmitting equipment has 
declined significantly, making it more affordable for illegal 
operators.\9\ Improvements in technology have reduced the size 
of transmitting equipment, making it easier to locate such 
equipment on rooftops or easily accessible locations. 
Transmitting equipment may be obtained online from suppliers 
overseas,\10\ and information on how to build and operate a 
pirate radio station is readily available on the internet.\11\ 
Additionally, pirate radio studios are not necessarily located 
in the same location as the transmitting antenna--pirate 
operators today can set up internet connections to run their 
broadcasts remotely.\12\ And in some cases, pirate radio 
operators have found willing assistance from landlords, 
property owners, and other entities that knowingly facilitate 
continued pirate radio broadcasting.
---------------------------------------------------------------------------
    \9\See, https://www.ebay.com/sch/
i.html?_from=R40&_trksid=m570.l1313&_nkw=non-
fcc+fm+broadcast+transmitter+attenna&_sacat=0&LH_TitleDesc=0&_odkw=
fm+broadcast+transmitter+antenna&_osacat=0&LH_TitleDesc=0 (last visited 
Jun. 6, 2019).
    \10\Id.
    \11\See, e.g., ``How To Make Your Own Pirate Radio Station,'' 
Wired, Nov. 3, 2015 (https://www.wired.com/2015/11/create-your-own-
pirate-radio/); see also ``How to Set Up Pirate Radio Station in 15 
Minutes,'' Sep. 23, 2012 (http://freemedia.blogspot.com/2012/09/how-to-
set-up-
pirate-radio-station-in.html); see also https://www.reddit.com/r/
pirateradio/; see also http://www.hobbybroadcaster.us/faq.html.
    \12\http://freemedia.blogspot.com/2012/09/how-to-set-up-pirate-
radio-station-in.html
---------------------------------------------------------------------------
    The Communications Act grants the Commission authority to 
impose fines and forfeitures for pirate radio operations.\13\ 
However, these fines have not acted as a strong enough 
deterrent for pirate radio operations. Pirate radio operators 
often pay the fine and then continue their illegal 
broadcasting. In one recent incident, the FCC issued multiple 
warnings to an illegal operator and issued a fine of $15,000 
for repeated violations.\14\ However, the pirate radio 
broadcaster simply switched to a different frequency and 
resumed broadcasting without a license.\15\
---------------------------------------------------------------------------
    \13\See, 47 U.S.C. 503(b)(2)(D); 47 U.S.C. 1.80(b)(7), (9); see 
also Jay Peralta, Corona, New York, Notice of Apparent Liability for 
Forfeiture, 32 FCC Rcd 3246, 3250 n.30 (2017) (discussing inflation 
adjustments to the forfeitures specified in section 503(b)(2)(D)); see 
also Amendment of Section 1.80(b) of the Commission's Rules Adjustment 
of Civil Monetary Penalties to Reflect Inflation, Order, DA 18-12 
(https://apps.fcc.gov/edocs_public/attachmatch/DA-18-12A1.pdf) (EB 
2018).
    \14\Illegal Radio Station Broadcasting in Worcester Agrees to 
Settlement, Press Release, Federal Communications Commission, Jun. 10, 
2019 (https://docs.fcc.gov/public/attachments/DOC-357899A1.pdf).
    \15\Id.
---------------------------------------------------------------------------
    Current Commission procedures also impede the FCC's ability 
to quickly halt pirate radio broadcasting.\16\ The FCC follows 
a multi-step process when attempting to shut down pirate radio 
stations for illegal broadcasting. This delay can give pirate 
radio operators time to move locations and alter their 
broadcast systems to stymie enforcement efforts.\17\ These 
issues with pirate radio enforcement have led licensed 
broadcasters to call on Congress to take action to provide 
necessary statutory clarity to assist the FCC with the 
elimination of pirate radio operations.\18\
---------------------------------------------------------------------------
    \16\In cases of pirate radio, the FCC generally follows the 
following procedure: (1) Commission receives a complaint and conducts 
an investigation; (2) Commission's Enforcement Bureau issues a Notice 
of Unlicensed Operations (NOUO) to the pirate radio broadcaster; (3) 
Enforcement Bureau issues Notice of Apparent Liability (NAL), which 
notifies the pirate broadcaster that they will be fined (and can be 
appealed by the pirate operator to the full Commission); (4) 
Enforcement Bureau issues a Forfeiture Order, which can be appealed by 
the pirate operator; (5) Commission must go to Federal District court 
for de novo trial to collect. In some cases, the FCC also works with 
local law enforcement to seize the broadcasting transmitters and 
equipment used for the illegal station. See statement of David Donovan, 
president and executive director, New York State Broadcasters 
Association, Inc., House Energy and Commerce Committee, Subcommittee on 
Communications and Technology, Legislative Hearing on Four 
Communications Bills, March 22, 2018 (https://docs.house.gov/meetings/
IF/IF16/20180322/108059/HHRG-115-IF16-Wstate-DonovanD-20180322-
U31.pdf).
    \17\See, e.g., Gerlens Cesar, Radio Teleboston, Malden, 
Massachusetts, Notice of Unlicensed Operation, case numbers: EB-
FIELDNER-19-00029169, EB-FIELDNER-17-00025344, EB-FIELDNER-17-00024874, 
Jun. 18, 2019 (wherein a pirate radio broadcaster moved the illegal 
station from Brockton, MA to Everett, MA) (https://docs.fcc.gov/public/
attachments/DOC-358058A1.pdf).
    \18\Broadcasters Cheer Pirate Radio Bill, Radio Ink, May 8, 2018 
(https://radioink.com/2018/05/08/broadcasters-cheer-pirate-radio-bill/
); see also testimony of David L. Donovan, Legislative Hearing on Four 
Communications Bills, Subcommittee on Communications and Technology, 
Committee on Energy and Commerce, House of Representatives, Mar. 22, 
2018 (https://energycommerce.house.gov/sites/
democrats.energycommerce.house.gov/files/documents/
Testimony-DDonovan-CAT-Hrg-on-Legislative-Hearing-on-Four-
Communications-Bills-2018-03-22.pdf).
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 1228 would add a new section 511 to the Communications 
Act of 1934 to do the following:
   Increase the overall fine cap from $144,344 to 
        $2,000,000 for any person who willfully and knowingly 
        facilitates any pirate radio broadcasting;
   Establish a fine of not more than $100,000 for each 
        day for specific law, rule, and treaty violations 
        related to pirate radio broadcasting, subject to the 
        $2,000,000 cap.
   Require the FCC to conduct specific pirate radio 
        broadcasting enforcement sweeps, along with required 
        follow-ups to those sweeps to gauge their 
        effectiveness.
   Mandate that the FCC not diminish its regular 
        enforcement efforts targeting pirate radio broadcast 
        stations during other times of the year.
   Preclude the FCC from preempting any State or local 
        law prohibiting pirate radio broadcasting.
   Eliminate the requirement that the FCC issue a 
        notice of unlicensed operation before issuing a notice 
        of apparent liability for pirate radio broadcasting.
   Create a new database containing information on 
        licensed radio stations and alleged pirate radio 
        activities.

                          Legislative History

    S. 1228 was introduced on April 29, 2019, by Senator Daines 
(for himself and Senator Peters) and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. On May 15, 2019, the Committee met in open Executive 
Session and, by voice vote, ordered S. 1228 to be reported 
favorably without amendment.
    On January 16, 2019, identical legislation, H.R. 583, was 
introduced by Representative Tonko (for himself and 
Representative Bilirakis) and was referred to the Committee on 
Energy and Commerce of the House of Representatives. There are 
eight additional cosponsors. On February 25, 2019, that bill 
was passed, by voice vote, in the House of Representatives and 
was referred to the Committee on Commerce, Science, and 
Transportation of the Senate on February 26, 2019.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 1228 would expand the scope of a current prohibition 
against the transmission of communications on certain radio 
frequencies without a Federal Communications Commission (FCC) 
license. The bill would raise the maximum allowable civil 
penalty for such unlicensed transmissions to $2 million, and 
would make the facilitation of such transmissions a punishable 
offense. S. 1228 also would require the FCC to undertake 
additional enforcement and monitoring of unlicensed 
transmissions in the top five radio markets in the United 
States, publish a database of licensed radio stations and 
unlicensed entities that have been subject to an enforcement 
action, and report annually to the Congress on its enforcement 
activities.
    Using information from the FCC, CBO estimates that 
implementing S. 1228 would require the agency to hire 30 
employees to expand enforcement; CBO expects that the agency 
would hire about half of those employees in 2020 and the 
remainder in 2021. After accounting for inflation, CBO 
estimates that the average annual cost for each employee would 
be $230,000, or about $8 million annually over the 2021-2024 
period. In addition, CBO estimates that it would cost about $3 
million for the agency to expand a current database and 
purchase additional equipment necessary to implement the bill. 
Over the 2019-2024 period, CBO estimates, implementing the bill 
would have a gross cost of about $36 million. However, under 
current law, the FCC is authorized to collect fees sufficient 
to offset the costs of its regulatory and enforcement 
activities each year; therefore, CBO estimates that the net 
cost to the FCC would be negligible, assuming appropriation 
actions consistent with that authority.
    S. 1228 would increase the maximum civil penalty associated 
with the transmission of communications without an FCC license. 
Civil penalties are recorded in the federal budget as revenues. 
CBO estimates that any additional civil penalties collected 
under the bill would be insignificant. In 2018, the FCC imposed 
less than $200,000 in penalties for such infractions.
    If the FCC increases annual fee collections to offset the 
costs of implementing additional enforcement measures as 
required by the bill, S. 1228 would increase the cost of an 
existing private-sector mandate on commercial entities required 
to pay those fees. Using information from the FCC, CBO 
estimates that the incremental cost of the mandate would be 
small--roughly $8 million annually--and would fall well below 
the annual threshold established in the Unfunded Mandates 
Reform Act (UMRA) for private-sector mandates ($164 million in 
2019, adjusted annually for inflation).
    The bill would not impose an intergovernmental mandate as 
defined in UMRA.
    The CBO staff contacts for this estimate are David Hughes 
(for federal costs) and Rachel Austin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The bill would affect entities already subject to FCC rules 
and regulations, and therefore the number of persons covered 
should be consistent with the current levels of individuals 
impacted under the provisions that are addressed in the bill.

                            economic impact

    S. 1228, as reported, is not expected to have an adverse 
impact on the Nation's economy. In fact, it is expected that 
the bill will have positive impacts on the economy as illegal 
pirate radio operations are shuttered and the interference from 
such stations to commercial broadcasters, public safety 
operations, and others is eliminated.

                                privacy

    S. 1228, as reported, is not expected to have an adverse 
impact on the personal privacy of individuals.

                               paperwork

    The legislation would not increase paperwork requirements 
for private individuals or businesses.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``Preventing Illegal Radio Abuse Through Enforcement Act'' 
or as the ``PIRATE Act''.

Section 2. Pirate radio enforcement enhancements.

    This section would add a new section 511 to title V of the 
Communications Act of 1934.
    Subsection (a) of the new section 511 would subject any 
person who willfully and knowingly does or causes or suffers to 
be done any pirate radio broadcasting to a fine of not more 
than $2,000,000. The Committee intends for the FCC, in 
implementing this subsection, to use the plain meaning of 
``suffers to be done,'' which means to allow or permit pirate 
radio broadcasting as defined by this Act.
    Subsection (b) of the new section 511 would establish a 
fine of not more than $100,000 per day for the following 
actions: (1) willfully or knowingly violating the PIRATE Act; 
(2) willfully or knowingly violating any rule, regulation, 
restriction, or condition made by the Commission under the 
PIRATE Act; or (3) willfully or knowingly violating any rule, 
regulation, restriction, or condition made or imposed by a 
treaty or convention, or regulations annexed thereto, relating 
to pirate radio broadcasting to which the United States is a 
party. These daily penalties would be subject to the cap set 
under subsection (a).
    The Committee intends, under subsections (a) and (b) of new 
section 511, for the Commission to interpret the provisions in 
such subsections as broadly as possible. The Committee intends 
for the Commission to extend the enforcement and penalties in 
subsections (a) and (b) to those persons or entities who 
willfully and knowingly violate these sections through 
facilitating, supporting, causing, or permitting pirate radio 
broadcasting.
    Subsection (c) of the new section 511 would require the 
Commission, not later than 1 year after enactment and annually 
thereafter, to submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report on the 
following: (1) the implementation of the PIRATE Act; and (2) 
the associated enforcement activities for the previous fiscal 
year. The enforcement activity section of the report could 
include information on efforts to enlist the cooperation of 
Federal, State, and local law enforcement personnel to assist 
such enforcement activity.
    Subsection (d) of the new section 511 would direct the FCC 
to engage in specific, targeted enforcement efforts related to 
pirate radio broadcasting. First, this subsection would direct 
the FCC, at least once a year, to assign appropriate 
enforcement personnel to focus specific and sustained attention 
on pirate radio broadcasting in the top five radio markets 
identified as prevalent for such broadcasts. Second, this 
subsection would require the FCC to conduct additional 
monitoring of any pirate radio broadcasting identified in those 
yearly enforcement sweeps within 6 months of each sweep to 
ascertain if such broadcasting is continuing. The subsection 
would further require that the Commission not decrease or 
diminish its regular enforcement efforts against pirate radio 
broadcasting throughout the nation.
    Subsection (e) of the new section 511 would preclude the 
FCC from preempting any State or local law prohibiting pirate 
radio broadcasting.
    Subsection (f) of the new section 511 would direct the FCC 
to revise its rules such that, absent good cause, the 
Commission is to proceed directly to issuing a notice of 
apparent liability for violations of subsections (a) and (b) of 
new section 511 without first issuing a notice of unlicensed 
operation. The Committee intends for the FCC, in implementing 
the ``good cause'' standard under this subsection, to balance 
the need for efficient and effective enforcement activity with 
the intent of this Act to eliminate the problems associated 
with pirate radio broadcasting.
    Subsection (g) of the new section 511 would direct the FCC 
to publish a database in a clear and legible format of all 
licensed radio stations operating in the AM and FM bands. This 
database would be required to be published within 90 days of 
enactment of this Act, and semi-annually thereafter. The 
database would be required to be easily accessible through a 
direct link on the Commission's home page. The database would 
be required to include the following information: (1) each 
licensed station listed by the assigned frequency, channel 
number, or call letters; and (2) all entities that have 
received a notice of unlicensed operation, notice of apparent 
liability, or forfeiture order issued by the FCC. The FCC also 
would be required to clearly identify the following: (1) each 
station licensed by the FCC as so licensed; and (2) each entity 
that has received a notice of unlicensed operation, notice of 
apparent liability, or forfeiture order as operating without a 
FCC license or authorization. With respect to the 
identification of entities that have received a notice of 
unlicensed operation, notice of apparent liability, or 
forfeiture order issued by the FCC, the Committee intends for 
that requirement to apply to only those actions pertaining to 
pirate radio broadcasting in the AM and FM bands.
    Subsection (h) of the new section 511 would define pirate 
radio broadcasting for purposes of new section 511.
    The Committee intends for the FCC to interpret this Act as 
additive to, and not a replacement of, the authority already 
provided to the Commission to prosecute violations of the 
Communications Act of 1934 under other provisions in title V of 
such Act. Thus, the Committee does not intend for the new 
section 511 to be interpreted as eliminating, limiting, or 
otherwise affecting the scope of other provisions in title V of 
the Communications Act of 1934, including as those relate to 
prosecutions of activities related to pirate radio broadcasting 
as defined in new section 511. The Committee also intends that 
to the extent that the FCC or a court does interpret new 
section 511 as affecting the FCC's ability to prosecute pirate 
radio broadcasting under other provisions in title V of the 
Communications Act of 1934, such limitations should be 
prospective only and should not affect past or current 
enforcement actions undertaken by the FCC related to pirate 
radio broadcasting.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934


                 TITLE V--PENAL PROVISIONS--FORFEITURES


[47 U.S.C. 501 et seq.]

           *       *       *       *       *       *       *


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.