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[House Report 115-843]
[From the U.S. Government Publishing Office]

115th Congress   }                                           {  Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                           {  115-843

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

 
         PREVENTING ILLEGAL RADIO ABUSE THROUGH ENFORCEMENT ACT

                                _______
                                

 July 18, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Walden, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5709]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 5709) to amend the Communications Act of 1934 to 
provide for enhanced penalties for pirate radio, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Committee Action.................................................     5
Committee Votes..................................................     5
Oversight Findings and Recommendations...........................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     6
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Committee Cost Estimate..........................................     6
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.''.

                          Purpose and Summary

    H.R. 5709, the ``Preventing Illegal Pirate Radio Abuse 
Through Enforcement Act'' or ``PIRATE Act'' was introduced on 
May 8, 2018, by Representative Leonard Lance (R-NJ). H.R. 5709 
would give the Federal Communications Commission (FCC) 
additional authority to issue fines on any person who willfully 
and knowingly broadcasts radio transmissions over AM or FM 
frequencies without a license form the FCC or without complying 
with unlicensed operations rules defined by the Commission. The 
bill would further give the FCC additional tools to enforce 
penalties against pirate stations by raising the fine for rule 
violations to $100,000 dollars per day per violation, up to a 
maximum of $2,000,000 dollars.

                  Background and Need for Legislation

    The Communications Act authorizes the licensing for radio 
broadcast stations in the AM and FM band.\1\ Managing radio 
spectrum, through the licensing and enforcement process is part 
of the FCC's primary mission. Absent effective enforcement, the 
use of radio spectrum devolves into a cacophony of illegal 
transmitters, harming Americans who rely on vital news and 
entertainment from radio broadcasting.
---------------------------------------------------------------------------
    \1\47 U.S.C. Sec.  151 et seq.
---------------------------------------------------------------------------
    Evidence before the Committee demonstrates that illegal 
radio operations in the AM and FM radio band have been, and 
continue to be, a significant problem. This is especially true 
in several major radio markets such as New York, Northern New 
Jersey, and Miami. One engineering study documented more than 
100 illegal radio stations operating in the New York 
Metropolitan area.\2\ The study estimates that the number of 
illegal radio stations operating in the New York Metropolitan 
area exceeds the number of stations licensed by the Federal 
Communications Commission in the same area.\3\ It appears that 
illegal radio stations are spreading to other states including 
Connecticut and Massachusetts.
---------------------------------------------------------------------------
    \2\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 16-23. The study may be found at http://
nysbroadcasters.org/wp-content/uploads/2018/03/Pirates-MSW-2016-study-
final-pdf.pdf
    \3\Id.
---------------------------------------------------------------------------
    The Committee finds that the growth of illegal operations 
is due to several factors. First, the price of acquiring 
illegal transmitting equipment has declined significantly, 
making it more affordable for illegal operators. Second, 
improvements in technology have reduced the size of 
transmitting equipment making it easier to locate. Third, 
transmitting equipment, much of it not certified by the FCC, 
may be obtained online from suppliers overseas. Fourth, illegal 
pirate studios are not necessarily located in the same location 
as the transmitting antenna. Many of these illegal transmitters 
are being supplied from remote studios via microwave or even 
satellite.
    Pirate radio operations harm the public in a number of 
ways.

Interference to the broadcast Emergency Alert System

    Illegal pirate radio stations interfere with the Emergency 
Alert System (EAS). EAS is critically important to protect the 
public and national security. During national, regional, and 
local emergencies, the broadcast EAS system is essential to 
saving lives. Stations participating in the EAS system must be 
able to transmit and receive interference-free signals. Pirate 
stations do not participate in the EAS system and do not comply 
with FCC's EAS rules monitoring and broadcasting EAS alerts. 
Further, unlicensed illegal stations interfere with licensed 
radio stations. Such interference affects EAS alerts that are 
broadcast by licensed radio stations. Thus, consumers located 
near a pirate radio transmitter will not hear the legitimate 
station's EAS alert.

Interference to FAA communications systems

    The record before the Committee documents that pirate 
stations interfere with airport communications on frequencies 
assigned to the Federal Aviation Administration (FAA), creating 
potentially dangerous situations. For example, in 2013, the FCC 
and the Department of Justice shut down an unauthorized radio 
station in Boston, MA. According to the Department of Justice:

          According to an affidavit filed with the civil 
        complaint, the unlicensed FM radio station was causing 
        interference to Federal Aviation Administration (FAA) 
        frequency 120.6 MHz, which is one of the primary 
        frequencies used by pilots to communicate with FAA 
        controllers when flying in the Boston metropolitan 
        area. The FCC issued verbal and written warnings to the 
        residents of 9 Rutland Street on several occasions, but 
        the radio station continued to broadcast.\4\
---------------------------------------------------------------------------
    \4\Department of Justice Press Release, Tuesday March 12, 2013 at 
https://www.justice.gov/usao-ma/pr/radio-equipment-seized-pirate-radio-
station; visited March 18, 2018 at 12:03pm

    The danger to the public is significant, as interference 
from pirate stations could cause errors in navigational 
guidance, interference to pilot-to-ground communications, as 
well as other aeronautical systems.\5\
---------------------------------------------------------------------------
    \5\See Testimony of David L. Donovan, President New York State 
Broadcasters Association, before the Subcommittee on Communications and 
Technology, Committee on Energy and Commerce, U.S. House of 
Representatives, March 22, 2018, at 12-13.
---------------------------------------------------------------------------

Risks to public health

    Radio stations licensed by the FCC must meet Radio 
Frequency Radiation (RFR) standards. The standards defining 
exposure limits to RFR are governed by the National Council on 
Radiation Protection and Measurements' (NCRP's) Maximum 
Permissible Exposure (MPE) limits.\6\ These standards ensure 
that consumers and workers are not exposed to harmful levels of 
RFR that emanate from broadcast transmissions. Illegal pirate 
radio operations pose a health hazard by exposing communities 
to RFR levels above the standards established by the 
government.\7\
---------------------------------------------------------------------------
    \6\On August 1, 1996, the Commission adopted the NCRP's recommended 
Maximum Permissible Exposure limits for field strength and power 
density for the transmitters operating at frequencies of 300 kHz to 100 
GHz. In addition, the Commission adopted the specific absorption rate 
(SAR) limits for devices operating within close proximity to the body 
as specified within the ANSI/IEEE C95.1-1992 guidelines. (See Report 
and Order, FCC96-326) https://www.fcc.gov/general/radio-
frequencysafety-0
    \7\Testimony of David L. Donovan, President New York State 
Broadcasters Association, Inc., before the Subcommittee on 
Communications and Technology, Committee on Energy and Commerce, U.S. 
House of Representatives, March 22, 2018, at 10-12. In 2016 the 
engineering firm of Meintel, Sgrirnoli & Wallace (MSW) conducted an 
analysis of several pirate radio locations in the Bronx, Brooklyn and 
Northern New Jersey. MSW found RFR levels in excess of the MPE 
standards at several locations. A pirate station located in Clifton, 
New Jersey operated at 2,573.3 watts. This means that anyone located 
within 68 feet of the transmitting antenna would be exposed to RF 
levels above the MPE standard. In the Bronx, a pirate station was found 
to be operating at 288.4 watts, meaning that anyone located within 
22.76 feet of the transmitting antenna would be exposed to RF above the 
MPE standard. See 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 16-23. http://
nysbroadcasters.org/wp-content/uploads/2018/03/Pirates-MSW-2016-study-
final-pdf.pdf
---------------------------------------------------------------------------

                            Committee Action

    On March 22, 2018, the Subcommittee on Communications and 
Technology held a hearing entitled ``Legislative Hearing on 
Four Communications Bills.'' The Subcommittee received 
testimony from:
           Tim Donovan, Senior Vice President, 
        Legislative Affairs, Competitive Carriers Association;
           David Donovan, President and Executive 
        Director, New York State Broadcasters Association, 
        Inc.;
           Robert Gessner, President, MCTV;
           John Madigan, Vice President and Chief 
        Public Policy Officer, American Foundation for Suicide 
        Prevention; and
           Sarah Morris, Director of Open Internet 
        Policy, Open Technology Institute, New America 
        Foundation.
    On June 13, 2018, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 5709, 
as amended, to the full Committee by a voice vote. On July 12, 
2018, the full Committee on Energy and Commerce met in open 
markup session and ordered H.R. 5709, as amended, favorably 
reported to the House by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no recorded votes taken in connection with ordering 
H.R. 5709 reported.

                 Oversight Findings and Recommendations

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a hearing and made 
findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
5709 would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, at the time this report was filed, 
the cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974 was not available.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to give 
the FCC additional authority to enforce its rules and protect 
public services provided by legitimate, licensed broadcasters.

                    Duplication of Federal Programs

    No provision of H.R. 5709 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974. At the 
time this report was filed, the estimate was not available.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 5709 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, the Committee finds 
that H.R. 5709 contains no directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1. Short title

    Section 1 provides that the Act may be cited as the 
``Preventing Illegal Radio Abuse Through Enforcement Act'' or 
the ``PIRATE Act.''

Section 2. Pirate radio enforcement enhancements

    Section 2 amends Title V of the Communications Act of 1934 
(47 U.S.C. 501 et seq.) to create a new section, section 511.
    The new section would increase the general penalty for 
willfully and knowingly causing or facilitating pirate radio 
broadcasting to not more than $2,000,000. The new section also 
provides that any person who willfully and knowingly violates 
this Act or any rule, regulation, restriction, or condition 
made or imposed by the Commission under the authority of this 
Act shall be subject to a fine of not more than $100,000 for 
each day during which such offense occurs, up to $2,000,0000.
    The new section would further require the FCC to submit a 
report to Congress one year after enactment, and annually 
thereafter, summarizing the implementation of this section and 
any associated enforcement activities for the previous fiscal 
year.
    Additionally, the new section would require the FCC to 
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.
    The new section would require the FCC to revise its rules 
to require that, absent good cause, in any case alleging a 
violation described in this Act, the Commission shall proceed 
directly to a ``Notice of Apparent Liability,'' without first 
issuing a ``Notice of Unlicensed Operations.''
    Finally, the new section would require the FCC to publish a 
database in a clear and legible format of all licensed radio 
stations operating in the AM and FM bands. The database must 
include each licensed station in addition to entities that have 
received a Notice of Unlicensed Operation, Notice of Apparent 
Liability, or Forfeiture Order by the Commission. While the 
Committee expects that the Commission will maximize efficiency 
by leveraging existing databases to assist in carrying out the 
requirements of this subsection, the Commission shall ensure 
that the pirate radio broadcasting database is clear, legible, 
easy to navigate, and easily accessible.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934

           *       *       *       *       *       *       *
TITLE V--PENAL PROVISIONS--FORFEITURES

           *       *       *       *       *       *       *

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.

           *       *       *       *       *       *       *
```