[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.
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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\
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\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.
* * * * * * *