Lance proposes end to pirate radio’s unlawful looting

U.S. Rep. Leonard Lance (R-NJ), vice chair of the U.S. House Energy and Commerce Communications and Technology Subcommittee, on May 8 introduced a bipartisan bill to boost fines and toughen prosecution against pirate radio, which are broadcast stations operating without valid licenses from the Federal Communications Commission (FCC).

“It is time to take these pirates off the air by hiking the penalties and working with the Federal Communications Commission on enforcement,” said Rep. Lance, whose office noted in a statement that the congressman’s home state of New Jersey has one of the nation’s largest concentrations of pirate radio operators.

The Preventing Illegal Radio Abuse Through Enforcement (PIRATE) Act, H.R. 5709, would amend the Communications Act of 1934 to provide for enhanced penalties for pirate radio, among other purposes, according to the congressional record. For instance, fines for pirate operations would be increased from $10,000 to $100,000 as a deterrent, according to Rep. Lance’s office, and operators facilitating pirate radio would be held liable under H.R. 5709.

Pirate radio signals also substantially impair public safety, according to Rep. Lance’s staff, who said the signals impede the Emergency Alert System and interfere with Federal Aviation Administration operations.

Rep. Lance called the proposed measure an “important public safety effort” and his staff said H.R. 5709 also would require the FCC to conduct bi-annual enforcement sweeps in the top five radio markets having the most-significant pirate radio operations.

“Knocking down pirate radio broadcasts prevents these bad actors from interfering with the licensed broadcasters public safety officials rely on to transmit communications during times of emergency,” the congressman added. “These unlawful broadcasts are interfering with the news and information programming people count on and needlessly clogging the information highway at important times.”

FCC Chairman Ajit Pai and FCC Commissioner Michael O’Rielly both have been skilled partners in trying to help lawmakers stop pirate radio, said Rep. Lance, and now H.R. 5709 “will give the FCC even more tools to take down these illegal broadcasts.”

The bill has 13 original cosponsors, including U.S. Reps. Bill Flores (R-TX), Chris Collins (R-NY) and Paul Tonko (D-NY).

“Protecting our public airwaves is an essential part of protecting our communities,” said Rep. 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.”

Rep. Collins, another member serving on the Communications and Technology Subcommittee, said radio piracy is also bad for business. “Pirate stations compete unfairly with licensed stations who follow the rules for competitive advertising dollars,” he said. “The PIRATE Act enhances penalties and expands liability so that the FCC can work to deter future pirates and hold those operating illegally accountable and shut them down.”

In reiterating the pressing public safety issue posed by pirate radio, Lance said, “We have to clean up the airwaves to make way for public safety announcements, Federal Aviation Administration conversations and other important information. Radio frequencies are not toys for unlicensed broadcasters.”

H.R. 5709 has been referred to the U.S. House Energy and Commerce Committee for consideration.