H.R. 5709House115th Congress (2017-2019)Passed House

PIRATE Act

Introduced May 8, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:39 PM UTC

The PIRATE Act amends the Communications Act to crack down on unlicensed (pirate) radio stations. It raises fines for operators and anyone who helps them, requires the FCC to conduct yearly enforcement sweeps in the biggest markets, and mandates a public database and annual reports. The law applies to anyone broadcasting on AM/FM frequencies without a FCC license and does not provide new funding.

Key Provisions

  • Increases the maximum fine for operating a pirate radio station to $2 million.
  • Adds a daily fine of up to $100,000 for each day a violation of the Act or related FCC rules occurs.
  • Sets a $2 million maximum fine for anyone who knowingly facilitates pirate radio operations.
  • Requires the FCC to publish an annual report to the House and Senate committees on enforcement activities.
  • Mandates the FCC to conduct at least one annual enforcement sweep in the five U.S. markets with the most pirate activity, followed by a monitoring sweep within six months.
  • Prohibits the FCC from preempting state or local laws that ban pirate radio.
  • Orders the FCC to create and update a publicly accessible database of all licensed AM/FM stations and entities that have received enforcement actions.
  • Specifies that no additional appropriations are authorized for the Act; it must be funded from existing sources.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

15 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

July 24, 2018

View full timeline
HouseIntro Referral

Introduced in House

May 8, 2018

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

May 8, 2018

HouseCommittee

Referred to the Subcommittee on Communications and Technology.

May 11, 2018

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

June 13, 2018

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

June 13, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 12, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

July 12, 2018

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-843.

July 18, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 652.

July 18, 2018

HouseFloor

Mr. Lance moved to suspend the rules and pass the bill, as amended.

July 23, 2018 • 2:33 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H6597-6598)

July 23, 2018 • 2:33 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5709.

July 23, 2018 • 2:33 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6597)

July 23, 2018 • 2:42 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6597)

July 23, 2018 • 2:42 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 23, 2018 • 2:42 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

July 24, 2018

Floor Debate

3 members

What members said about H.R. 5709 on the floor

2 Republicans1 Democrat
Leonard Lance
Rep. Leonard LanceR-NJ-7 · Jul 23, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5709) to amend the Communications Act of 1934 to provide for enhanced penalties for pirate radio, and for other purposes, as amended.…

Debbie Dingell
Rep. Debbie DingellD-MI-12 · Jul 23, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise to support H.R. 5709, the Preventing Illegal Radio Abuse Through Enforcement Act, otherwise known as the PIRATE Act.…

Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Jul 23, 2018

Mr. Speaker, as members of the Communications and Technology Subcommittee, we have heard of the impact pirate radio operators have had on the authorized radio community. There have also been…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued July 24, 2018

IIB

115th CONGRESS

2d Session

H. R. 5709

IN THE SENATE OF THE UNITED STATES

July 24, 2018

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

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 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 1 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 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.

(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.

.

3.

No additional funds authorized

No additional funds are authorized to be appropriated to carry out this Act or the amendment made by


this Act. This Act and the amendment made by this Act shall be carried out using amounts otherwise authorized.

Passed the House of Representatives July 23, 2018.

Karen L. Haas,

Clerk.