Should There be Steeper Penalties for Pirating Radio Broadcasts? (H.R. 5709)

What is H.R. 5709?

(Updated February 15, 2019)

This bill ― known as the PIRATE Act ― would set steep financial penalties for individuals found to be operators of unlicensed radio stations (aka “pirating”). It’d increase fines for illegal pirate operations to $100,000 per day per violation from $10,000 per violation, and establish a fine of up to $2 million for facilitating pirate radio broadcasting. It would also streamline the FCC’s enforcement process and empower state and local law enforcement in combating illegal pirate operations.

The bill’s full title is the Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act.

Argument in favor

Steeper penalties for pirate radio operations will deter illegal radio broadcasts and prevent them from interfering with emergency services.

Argument opposed

Laws like this could stifle competition and innovation from upstart radio stations and amateurs that may push the boundaries of legality.

Impact

Radio listeners; broadcasters -- both legitimate and pirate; and regulatory agencies.

Cost of H.R. 5709

A CBO estimate of this bill is unavailable.

Additional Info

In-Depth: The legislation, proposed by Reps. Leonard Lance (R-NJ) and Paul Tonko (D-NY), would also set forth protections from signals that are sent from illegal radio operators and can pose a significant threat to public safety – oftentimes disrupting Federal Aviation Administration operations, the Emergency Alert System and other tools relied upon by first responders

“Protecting our public airwaves is an essential part of protecting our communities,” said Tonko. “Whether a radio frequency is being used by first responders coordinating to save lives or parents who just want to keep obscenity and bigotry away from their children, our communities are better served when broadcasting is governed by the rule of law. I am grateful to my colleagues for their support of the PIRATE Act, important legislation that will ensure our airwaves and communities are kept safe.”

Speaking at the start of the markup, Communications and Technology Subcommittee Chairman Rep. Marsha Blackburn (R-TN) commented that the PIRATE Act:

“Gives the FCC more tools to combat illegal pirate radio operations. These illegal broadcasts deprive Americans of their access to important emergency alerting information and their access to educational and other programming provided by legitimate license holders.”

This legislation passed the House Energy & Commerce Committee on a voice vote and has the support of 14 bipartisan cosponsors, including 8 Democrats and 6 Republicans. The bill is supported by the New York Broadcasters Association (NYSBA)and the National Broadcasters Association (NBA).

Media:

• Sponsoring Rep. Paul Tonko (D-NY) Press Release
  
• NAB Statement