HFU HF Underground
General Category => General Radio Discussion => Topic started by: ChrisSmolinski on January 09, 2020, 1302 UTC
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Now pending Trump's signature. Note that it only applies to "535 and 1705 kilohertz, inclusive, or 87.7 and 108 megahertz". This leaves out shortwave, as well as MW pirates operating on 1720 kHz, or even 1710 kHz assuming they keep their bandwidth below 5 kHz, I assume.
116th CONGRESS
2d Session
S. 1228
_______________________________________________________________________
AN ACT
To amend the Communications Act of 1934 to provide for enhanced
penalties for pirate radio, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 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) 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 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) 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) 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 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 operations in
compliance with part 15 of title 47, Code of Federal Regulations.''.
Passed the Senate January 8, 2020.
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Thanks for posting this information!
Bet they were super proud of turning the word "pirate" into a legislative acronym. ::)
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Huh??? I thought that the senate was too gun-ho with impeachment crap to even care about this. Whelp, if we want to know how these people in congress get to be multi-millionaires, this is it. The NAB is lining their pockets nicely, I'm sure. Can someone tell Trump to veto this!
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Duh, does this mean that operating outside of those bands are not pirate activities?
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Duh, does this mean that operating outside of those bands are not pirate activities?
Not as defined by this law with the higher penalties, but still in violation of existing laws.
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Duh, does this mean that operating outside of those bands are not pirate activities?
Not as defined by this law with the higher penalties, but still in violation of existing laws.
Thanks for clarifying.
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In honor of uninhibited privateering, the pirate dance!
https://www.youtube.com/watch?v=q6oKjuvA55g
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I don't get the higher penalties for pirating on MW. Car manufacturers are starting to phase it out on newer models. Most people listen to the radio in their vehicles. If MW is going to be gone in few years, why bother?
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I find it odd that they chose 535 to 1705 kHz. Kinda strange. I wonder why they didn't use the typical 530 - 1710. It looks like the FM pirates are screwed though. I wonder what would happen if someone chose 87.69 :P
I also find it interesting that they are so concerned with pirate radio that they feel the need to enact more laws. It should be the least of their concerns now. The internet with its freedom of communication is much more damaging to them. Just some people playing unusual music on the radio shouldn't concern them. Almost no pirates are political, so... But they are the government afterall. Just control as much as possible is their motto.
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I also find it interesting that they are so concerned with pirate radio that they feel the need to enact more laws.
I doubt this piece of legislation was something the FCC wanted. As tailored as it is to the AM and FM broadcast bands, this looks like something a lobbyist pushed through for the benefit of his broadcast industry clients. It takes little effort to get approved since no one is going to oppose it. This is another law that gives the illusion of accomplishing something while actually doing nothing.
Just be glad they limited the frequency range as they did.
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Ok, Neil Peart is dead, and that sucks. That out of the way, and we're running a Rush Marathon on my neighborhood radio stations... So, thing is, my station is parked on a intermod hellhole that if my signal isn't there is nothing more than a mish mash of several local FM broadcasters noise. Who cares if I put something of note there?
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Well it's been a good run... Anyone want to buy an FM Plant? Looks like i'll be selling mine.
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Nothing new on the FCC NOUO web page in over 3 months... 8)
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I read above someone said the FCC didnt want this....... If it does go into effect they dont have to enforce it if they dint want to do they? (If they dont want it to begin with)
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Nothing new on the FCC NOUO web page in over 3 months... 8)
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The FCC site is a mess, to get the latest NOUO list you need to use this link: https://www.fcc.gov/search#q=%22notice%20of%20violation%22%20or%20%22notice%20of%20unlicensed%20operation%22&t=edocs&o=new&f=%5B%7B%22topics%22%3A%22Enforcement%22%7D%2C%7B%22bureaus%22%3A%22EB%22%7D%5D
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I read above someone said the FCC didnt want this...
I didn’t mean to say this was something the FCC didn’t want. I meant to say they probably didn’t request it. I am sure they would prefer Congress give them additional funding for enforcement rather than the potential for increased penalties.
This act places requirements for an annual report to Congress, and annual sweeps through the top 5 markets among other things. I’ll bet the FCC will be told to do this within their current budget.
If this is in fact an unfunded mandate, I would think this is Act is not something they are happy with...but that doesn’t mean they won’t comply with it. If you are a pirate in the “Top 5” markets (whatever they are) you should pay careful attention.
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I read above someone said the FCC didnt want this....... If it does go into effect they dont have to enforce it if they dint want to do they? (If they dont want it to begin with)
What happens is fcc forgets/disregards to look into a matter as described to them by some licensed bcaster, thus the manager of said bcaster emails his or her congressional representation, shtf at fcc, so you can be sure if a local bcaster gets pissed at you, things will happen.
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At least one person at the FCC thinks this is good...
https://www.radioworld.com/news-and-business/business-and-law/senate-passes-pirate-act
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PIRATE Act signed into law by President 8)
https://www.whitehouse.gov/briefings-statements/bill-announcement-77/
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If you privateer the am and/or fm airwaves, let this be your warning.
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"PIRATE Act signed into law by President 8)" <= Wrong 'moji ! 8)
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“(g) 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 issued by the Commission.
I am neither a lawyer nor a politician, so perhaps the nuance of the language used is completely missed by me.
In (g)(1)(a)- they've had that for many years (https://www.fcc.gov/media/radio/am-query). The only thing missing is the AM & FM Query links on the home page.
(g)(1) clearly states that the DB is for licensed radio stations. Yet (g)(1)(B) has mentioned unlicensed.
So is this a database of all unlicensed ne'er-do-wells plus licensed stations that are in range or something?
I wish they'd address the jamming of the broadcast bands with IBOC and cheap electronics. On the other hand, maybe that is not such a good idea... unintended consequences & all that.
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“(g) 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 issued by the Commission.
I am neither a lawyer nor a politician, so perhaps the nuance of the language used is completely missed by me.
In (g)(1)(a)- they've had that for many years (https://www.fcc.gov/media/radio/am-query). The only thing missing is the AM & FM Query links on the home page.
(g)(1) clearly states that the DB is for licensed radio stations. Yet (g)(1)(B) has mentioned unlicensed.
So is this a database of all unlicensed ne'er-do-wells plus licensed stations that are in range or something?
I read this as lists of both licensed stations (which as you note have existed for years) as well as a list of everyone who has been issued a NOUO or NAL. I don't see a time limit on that, so I assume going back to 1934? :)
And they have 90 days from enactment, which IIRC is when new laws are published?
(f) 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.
Speaking of, sounds like MW/FM pirates go directly to NAL now. Do not pass go, do not collect several NOUOs first.
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I wish they'd address the jamming of the broadcast bands with IBOC and cheap electronics.
^^^ this
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If you are a pirate in the “Top 5” markets (whatever they are) you should pay careful attention.
Top 5 radio markets = New York, L.A., Chicago, San Francisco (Bay Area), Dallas-Fort Worth.
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Regardless, if you're in podunk Iowa and make the gm of your only local ambc sta jealous with your little hobby station..... you might expect a knock.
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Regardless, if you're in podunk Iowa and make the gm of your only local ambc sta jealous with your little hobby station..... you might expect a knock.
Yeah, small market folks are funny like that.
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