PIRATE Act Passes House on Voice Vote

On Monday, the full House of Representatives approved the PIRATE Act on a voice vote (no roll call). This comes just a week after its Energy and Commerce Committee endorsed the bill (also on a voice vote) with some amendments, and two months after the bill was initially introduced.

The amended bill ups the size of financial penalties for unlicensed broadcasting to $2 million, requires the FCC’s Enforcement Bureau to conduct an annual sweep of the top five radio markets where radio piracy is most prevalent (with follow-up “monitoring sweeps”), gives field agents the option to skip the initial warning-letter in cases where the broadcasts are ongoing, and requires the FCC to establish a database of both licensed and unlicensed radio stations. It also notes that no additional funding will flow to the FCC in order to undertake these new regulatory burdens. Read More

PIRATE Act Clears House Committee, With Amendments

On July 12, the House Energy and Commerce Committee approved H.R. 5709, the Preventing Illegal Radio Abuse Through Enforcement Act (aka PIRATE Act) on a voice vote. This comes one month after a subcommittee signed off on it. There were some notable amendments offered and accepted by the Committee, sponsored by Reps. Chris Collins (R-NY) and Mike Doyle (D-PA), both of whom are cosponsors.

First, the number of enforcement sweeps of the top five markets identified by prevalence of unlicensed broadcast activity has been reduced from twice per year to once per year. However, six months after this annual sweep, the FCC will be required to conduct “monitoring sweeps” of target markets “to ascertain whether the pirate radio broadcasting identified by enforcement sweeps is continuing to broadcast and whether aditional pirate radio broadcasting is occurring.”

Rep. Doyle explained that this change was made so that anti-pirate enforcement would not unduly take time and resources away from “other critical missions” of the FCC’s Enforcement Bureau and its field staff. Read More

PIRATE Act Sets Sail in House

In May, Rep. Leonard Lance (R-NJ) introduced the “Preventing Illegal Radio Abuse Through Enforcement Act,” otherwise known by the acronym PIRATE Act. The bill makes several changes to existing FCC regulations regarding unlicensed broadcasting:

1. The maximum monetary penalty that can be assessed for unlicensed broadcasting on the AM and FM bands is increased from an aggregate maximum of $100,000 to $2 million, and can be doled out in increments of $100,000 per day. These fines can be issued against the pirate broadcaster directly, or against any entity that “knowingly and intentionally facilitates pirate radio broadcasting.”

“Facilitates” is defined as “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.” This hearkens back to a historical precedent set by European laws in the 1960s that attempted to outlaw offshore pirate radio by making it illegal to supply and advertise on the station-ships and platforms operating in international waters. Read More