[116th Congress Public Law 109]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 3]]
Public Law 116-109
116th Congress
An Act
To amend the Communications Act of 1934 to provide for enhanced
penalties for pirate radio, and for other purposes. <<NOTE: Jan. 24,
2020 - [H.R. 583]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Preventing
Illegal Radio Abuse Through Enforcement Act. 47 USC 609 note.>>
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. <<NOTE: 47 USC 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) <<NOTE: Deadlines.>> Enforcement Sweeps.--
[[Page 134 STAT. 4]]
``(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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Website.>> 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
[[Page 134 STAT. 5]]
operations in compliance with part 15 of title 47, Code of Federal
Regulations.''.
Approved January 24, 2020.
LEGISLATIVE HISTORY--H.R. 583 (S. 1228):
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SENATE REPORTS: No. 116-178 (Comm. on Commerce, Science, and
Transportation) accompanying S. 1228.
CONGRESSIONAL RECORD:
Vol. 165 (2019):
Feb. 25, considered and passed
House.
Vol. 166 (2020):
Jan. 8, considered and passed
Senate.
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