ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

47 U.S.C. § 511Enhanced penalties for pirate radio broadcasting; enforcement sweeps; reporting

submitted 92 years ago by Pub. L. 116-109 to r/title-47-TELECOMMUNICATIONS · 652 words · no verdicts yet

in plain englishAI-generated · not legal advice

Illegal “pirate” radio broadcasting can now bring fines up to $2,000,000, and the FCC must run yearly enforcement sweeps in the top pirate-radio markets, publish a public database of licensed stations, and report to Congress each year. States and local governments keep their own power to ban pirate broadcasting too.

(a) Increased general penalty. Anyone who knowingly and willfully does, or lets someone else do, pirate radio broadcasting can be fined up to $2,000,000. (b) Violation of this chapter, rules, or regulations. Anyone who knowingly and willfully breaks this chapter, or any FCC rule or condition, or any international communications treaty rule about pirate radio broadcasting, can be fined up to $100,000 per day the violation continues — on top of any other penalties, and staying within the $2,000,000 cap in subsection (a). (c) Annual report. Starting one year after January 24, 2020, and every year after, the FCC must report to the House Energy and Commerce Committee and Senate Commerce Committee summarizing this section's enforcement efforts, possibly including cooperation with federal, state, and local law enforcement on serving papers, collecting fines, seizing equipment, and enforcing orders. (d) Enforcement sweeps. (1) At least once a year, the FCC must assign staff to focus on eliminating pirate radio broadcasting in the five radio markets where it happens most, including finding, locating, and shutting down these operations. (2) Within 6 months after those sweeps, the FCC must check whether the pirate broadcasters it found are still operating, or whether new ones have appeared. (3) These required sweeps don't reduce the FCC's regular enforcement against pirate broadcasting during the rest of the year. (e) State and local government authority. The FCC cannot override any state or local law that also bans pirate radio broadcasting. (f) Revision of commission rules required. The FCC must update its rules so that, without good reason not to, any case alleging a violation of subsection (a) or (b) goes straight to a formal notice of apparent liability, skipping the usual first step of a notice of unlicensed operation. (g) Pirate radio broadcasting database. (1) Within 90 days after January 24, 2020, and every six months after that, the FCC must publish a clear, easy-to-read public database of all licensed AM and FM radio stations, linked directly from its homepage. It must list: (A) each licensed station by frequency, channel, or call letters; and (B) every entity that has received a notice of unlicensed operation, notice of apparent liability, or forfeiture order. (2) The database must clearly mark (A) each licensed station as FCC-licensed, and (B) each entity from paragraph (1)(B) as operating without an FCC license or authorization. (h) Definition of pirate radio broadcasting. In this section, "pirate radio broadcasting" means transmitting on AM frequencies (535–1705 kilohertz) or FM frequencies (87.7–108 megahertz) without an FCC license — but it does not include unlicensed low-power operations allowed under separate FCC rules (part 15 of title 47's regulations).
the actual law source: uscode.house.gov ↗public domain
(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 chapter, rules, or regulations

Any person who willfully and knowingly violates this chapter or any rule, regulation, restriction, or condition made or imposed by the Commission under authority of this chapter, 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 January 24, 2020, 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 January 24, 2020, 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.

Source credit: (June 19, 1934, ch. 652, title V, § 511, as added Pub. L. 116–109, § 2, Jan. 24, 2020, 134 Stat. 3.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 116-109 · 134 Stat. 3

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-109 on 1934-06-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case