From another industry newsletter...
“PIRATE Act” is officially introduced in the House.
Reps. Leonard Lance (R-NJ), Paul Tonko (D-NY) and Chris Collins (R-NY) and their co-sponsors drop the “Preventing Illegal Radio Abuse Through Enforcement Act” into the hopper, to the applause of the NAB and the New Jersey Broadcasters Association. The bill looks like the discussion draft (March 21 NOW) – fines of up to $2 million for “any person who willfully and knowingly” engages in running an unlicensed station. Same potential fine for those who “facilitate” it (like landlords). Daily fines up to $100,000. There would be “biannual sweeps” by FCC enforcement personnel in the “top five radio markets identified as prevalent for such broadcasts.” Those sweeps “shall include identifying, locating and terminating such operations” – and “seizing related equipment.” The NAB’s Dennis Wharton thanks the House backers of the PIRATE Act, “which provides the FCC with enhanced penalties and additional tools.” NAB also gives a shout-out to FCC Commissioner Mike O’Rielly “for his longstanding leadership on this issue.” O’Rielly colorfully says “I think the PIRATE Act has a great chance of becoming law and helping stomp-out this illegal activity.” That may be the first use of “stomp-out” by a Commissioner. The NJBA’s Paul Rotella points out that “unlike New Jersey, which has a statute against pirates, many states do not have such laws.” In the Garden State, pirates face up to $10,000 in fines and 18 months in prison.
In all fairness, there are some FM pirates that are making things TFU for everyone else. And it is true that the current licensing system has no provision for small communities to have their own voice. Hatian pirates in NYC or NJ running several hundred watts from an apartment complex using the cheapest chinese gear they could find are asking for trouble, especially because most of these folks are not technical and do not understand the risk they are taking. Unfortunately, since the translator boom, any free spectrum is gone, and the chance of the commission rolling that back is almost nil.
+-RH