PIRATE Act

Bill: 116-s-1228
Sponsor: full_name: Sen. Daines, Steve [R-MT]
Introduced: 2019-04-29
Policy area: Science, Technology, Communications
Subjects: Administrative law and regulatory procedures

Broadcasting, cable, digital technologies

Congressional oversight

Criminal investigation, prosecution, interrogation

Federal Communications Commission (FCC)

Government information and archives

Licensing and registrations
Latest action: action_date: 2020-01-09
text: Held at the desk.

Summaries:
action_date: 2019-04-29
action_desc: Introduced in Senate
text: <p><strong>Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act</strong></p> <p>This bill addresses unlicensed radio broadcasting (called pirating), including by increasing to $2 million the maximum fine for a pirate radio broadcasting violation and imposing a fine of up to $100,000 per day for pirating violations subject to the $2 million limit.</p> <p>The Federal Communications Commission (FCC) must (1) annually submit to Congress a report summarizing implementation of this bill and associated enforcement activities for the previous fiscal year; and (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets.</p> <p>The FCC may not preempt any state or local law prohibiting pirate radio broadcasting.</p> <p>The FCC shall (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations; and (2) publish a database of all licensed radio stations operating in the AM and FM band that includes each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order from the FCC.</p>

action_date: 2019-12-17
action_desc: Reported to Senate
text: <p><strong>Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act</strong></p> <p>This bill addresses unlicensed radio broadcasting (called pirating), including by increasing to $2 million the maximum fine for a pirate radio broadcasting violation and imposing a fine of up to $100,000 per day for pirating violations subject to the $2 million limit.</p> <p>The Federal Communications Commission (FCC) must (1) annually submit to Congress a report summarizing implementation of this bill and associated enforcement activities for the previous fiscal year; and (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets.</p> <p>The FCC may not preempt any state or local law prohibiting pirate radio broadcasting.</p> <p>The FCC shall (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations; and (2) publish a database of all licensed radio stations operating in the AM and FM band that includes each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order from the FCC.</p>

action_date: 2020-01-08
action_desc: Passed Senate
text: <p><strong>Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act</strong></p> <p>This bill addresses unlicensed radio broadcasting (called pirating), including by increasing to $2 million the maximum fine for a pirate radio broadcasting violation and imposing a fine of up to $100,000 per day for pirating violations subject to the $2 million limit.</p> <p>The Federal Communications Commission (FCC) must (1) annually submit to Congress a report summarizing implementation of this bill and associated enforcement activities for the previous fiscal year; and (2) at least once a year, assign appropriate enforcement personnel to focus specific and sustained attention on the elimination of pirate radio broadcasting within the top five radio markets.</p> <p>The FCC may not preempt any state or local law prohibiting pirate radio broadcasting.</p> <p>The FCC shall (1) revise its rules to require that, absent good cause, in any case alleging a violation, it shall proceed directly to issue a Notice of Apparent Liability without first issuing a Notice of Unlicensed Operations; and (2) publish a database of all licensed radio stations operating in the AM and FM band that includes each licensed station and all entities that have received a Notice of Unlicensed Operation, Notice of Apparent Liability, or Forfeiture Order from the FCC.</p>

tv_txt: II 116th CONGRESS 1st Session S. 1228 IN THE SENATE OF THE UNITED STATES April 29, 2019 Mr. Daines (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to provide for enhanced penalties for pirate radio, and for other purposes.

1. Short title This Act may be cited as the Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act . 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: 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. .

tv_txt: II Calendar No. 374 116th CONGRESS 1st Session S. 1228 [Report No. 116–178] IN THE SENATE OF THE UNITED STATES April 29, 2019 Mr. Daines (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation December 17, 2019 Reported by Mr. Wicker , without amendment A BILL To amend the Communications Act of 1934 to provide for enhanced penalties for pirate radio, and for other purposes.

1. Short title This Act may be cited as the Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act . 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: 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. .

December 17, 2019 Reported without amendment

tv_txt: 116th CONGRESS 2d Session S. 1228 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Communications Act of 1934 to provide for enhanced penalties for pirate radio, and for other purposes.

1. Short title This Act may be cited as the Preventing Illegal Radio Abuse Through Enforcement Act or the PIRATE Act . 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: 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. .

Passed the Senate January 8, 2020. Secretary