Tag Archives: PIRATE Act

PIRATE Act passes Senate

(Source: Radio World via Marty)

“Opponents of illegal broadcasting scored a major and long-anticipated victory today: The Senate (finally) unanimously passed the PIRATE Act Wednesday.

Short for “Preventing Illegal Radio Abuse Through Enforcement,” only one hurdle remains for S.R. 1228: President Trump’s desk.

The legislation also represents a coup for FCC Commissioner Michael O’Rielly, who has championed the anti-piracy enforcement actions recently.

In response to the act’s Senate passage, National Association of Broadcasters President/CEO Gordon Smith said, ‘This legislation provides stronger resources to help the FCC combat illegal pirate radio operations, which not only interfere with licensed radio stations but also public safety communications and air traffic control systems. We look forward to the President signing the PIRATE Act into law.’”[…]

Click here to read the full article at Radio World.

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The Verge: “Who’s afraid of the PIRATE Act? Not Joan Martinez”

Many thanks to SWLing Post contributor, Mark Hirst, who shares this article from The Verge:

When she was growing up in East Flatbush among the Haitian diaspora, former pirate broadcaster Joan Martinez — no relation to the New York radio legend Angie Martinez, despite what Joan claimed to her friends as a youth — said that the sounds of pirate radio were the backdrop to her childhood. “Starting Friday night, all throughout the weekend, you would just hear all these like crazy DJs just talking and all this music,” Martinez says. Her parents’ apartment was the meeting spot for her whole family, a place where they’d reminisce about being in Haiti. They needed a place that felt like home. Martinez says that, as a kid, she never understood why the stations they listened to only broadcast on the weekends. As she got older, there were fewer of them — and then in 2010, she says, they started to come back online.

Martinez got into the scene as a broadcaster after her mother turned down an offer to be a DJ at a pirate station. “She was like, ‘No, I don’t want to. However, I do have a daughter that did study broadcasting in college,’” — Joan — “and then all of a sudden they were like, ‘We want her. Like, can we bring her in here?’” Martinez went. It was 2010. Her first job was as an anchor, where she talked through the news from the Caribbean and New York City. Then she filled in for a couple of high school girls who had their own show — and eventually took the spot over completely. It was a talk show she did with her friends for a year and a half, until Martinez decided to go back to school. (“It was a pretty live show. Sometimes things get a little raunchy, sometimes things get a little too crazy and it’s like, I don’t want to piss off my supervisor,” she says. Pirates have org charts and standards, too.)

After school, she went back, but not for very long; academia pulled her back in, and today, she’s in grad school, currently at work on her thesis. “I was doing pirate for a good five years and then when I got into grad school, since the coursework was becoming very time consuming, I had to kind of let that go,” Martinez says, adding that she’s mostly involved these days in an administrative, consulting way. “However, you know, I still keep my fingers in their pot.”[…]

Continue reading the full article at The Verge.

The Flat Bush area of Brooklyn, NY, is the cultural center of the FM Pirate Radio Scene. Check out David Goren’s Brookly Pirate Radio Soundmap to dive in deeper!

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Pirate Radio: FCC Enforcement focuses on small markets

(Source: Tom Taylor Now)

The FCC’s busting more pirates in smaller markets.

True, the Dallas office issues two Notices of Unlicensed Operation for an 87.9 in Houston, run out of New Beginnings Fellowship Church. But agents from Dallas also found a pirate FM at 93.5 up in the smallish Texas Panhandle town of Amarillo. (That one was also operated out of a church, the Iglesia Bautista Renovacion Ministerio Internacional.) The spectrum cops from Dallas also detected a 95.9 in Port Arthur, Texas. And out in California, agents from the L.A. office ventured up to Oxnard to respond to a complaint about a 99.1 operating from a business. (It was a business run by Maria Gonzalez, who gets the NOUO.) So while the traditional pirate radio hotbeds in South Florida, the New York City area and Boston get attention, there seem to be more complaints and more investigations in smaller markets. If the “PIRATE Act” that passed the House ever makes it through the Senate and is signed into law, the FCC would be required to make twice-yearly sweeps of the five most active areas for pirates. But it seems illegal FMs may simply be popping up in less-likely places. The equipment’s cheap and you might not get caught. Though one pirate in Miami got nabbed doing something novel – operating a pirate station out of a parked RV. (Sure keeps the costs down.)

Click here to read at Tom Taylor Now.

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Full text of the PIRATE Act (H.R.5709)

Photo by Michael Maasen

Many thanks to SWLing Post contributor, Ulis (K3LU), who shares a link to the full text of the H.R.5709 – PIRATE Act–a bill to “amend the Communications Act of 1934 to provide for enhanced penalties for pirate radio, and for other purposes.”

Here’s an excerpt from the preface of the bill:

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.”.

Click here to read the full bill at Congress.gov.

Click here to download the bill as a PDF.

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The “PIRATE Act” promises fines up to $100,000 per day

(Source: Radio World via Mike Hansgen)

Pirate Radio Bill Formally Introduced

Bipartisan legislation designed to thwart and penalize radio pirates and supporters

BY SUSAN ASHWORTH, MAY 9, 2018

Another legislative step has been taken in the effort to fight illegal pirate radio operations.

On May 8, Rep. Leonard Lance (R-NJ) and Rep. Paul Tonko (D-NY) formally introduced a bill to Congress designed to thwart and penalize illegal radio operations.

Known as the ‘‘Preventing Illegal Radio Abuse Through Enforcement Act,” the PIRATE Act will increase the ability of the Federal Communications Commission to crack down on pirate activity by increasing fines, streamlining enforcement and placing liability those who facilitate illegal radio broadcasts.

“It is time to take these pirates off the air by hiking the penalties and working with the Federal Communications Commission on enforcement,” Lance said in a statement. Chairman Pai and Commissioner O’Rielly have been able partners in making sure these broadcasts are stopped. This bill will give the FCC even more tools to take down these illegal broadcasts.”

As a commissioner who has long been searching for more Congressional authority to address pirate radio operations, FCC Commissioner Michael O’Rielly commended the effort after the news was announced.

“This bill rightfully increases the penalties, requires regular enforcement sweeps, and augments the tools available to the commission, which are woefully inadequate and outdated, to deal with illegal pirate broadcasters,” O’Rielly said in a statement.[…]

Click here to read the full article via RadioWorld.

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