Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act), 15796-15799 [2021-04904]

Download as PDF 15796 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules and Regulations navigation information for the instrument procedures at these airports. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E, ■ VerDate Sep<11>2014 16:53 Mar 24, 2021 Jkt 253001 Airspace Designations and Reporting Points, dated July 21, 2020, and effective September 15, 2020, is amended as follows: Paragraph 6005. Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth * * * * * AGL MN E5 Fosston, MN [Amended] Fosston Municipal Airport-Anderson Field, MN (Lat. 47°35′34″ N, long. 95°46′25″ W) That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of the Fosston Municipal AirportAnderson Field, and within 1 mile each side of the 341° bearing from the airport extending from the 6.3-mile radius to 6.5 miles north of the airport. * * * * * AGL MN E5 Little Falls, MN [Amended] Little Falls/Morrison County AirportLindbergh Field, MN (Lat. 45°56′58″ N, long. 94°20′49″ W) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Little Falls/Morrison County Airport-Lindbergh Field. Issued in Fort Worth, Texas, on March 22, 2021. Martin A. Skinner, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2021–06157 Filed 3–24–21; 8:45 am] BILLING CODE 4910–13–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [DA 20–1490; FRS 17468] Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act) Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Commission adopts final rules pursuant to the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act). Section 2 of the PIRATE Act adds a new section to the Communications Act of 1934, as amended (the Communications Act), enumerated as section 511 and entitled ‘‘Enhanced Penalties for Pirate Radio Broadcasting; Enforcement Sweeps; Reporting.’’ This Order amends the Commission’s rules to implement that provision. DATES: This rule is effective April 26, 2021. FOR FURTHER INFORMATION CONTACT: For additional information on this SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 proceeding, contact Shannon Lipp of the Office of the Bureau Chief, Enforcement Bureau, at Shannon.Lipp@ fcc.gov or (202) 418–8192. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order, DA 20–1490, adopted and released on December 17, 2020. The document is available for download at https:// docs.fcc.gov/public/attachments/DA-201490A1.pdf. To request this document in accessible formats for people with disabilities (e.g., Braille, large print, electronic files, audio format, etc.) or to request reasonable accommodations (e.g., accessible format documents, sign language interpreters, CART, etc.), send an email to fcc504@fcc.gov or call the FCC’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Paperwork Reduction Act This document does not contain new or modified information collection(s) subject to the Paperwork Reduction Act of 1995, Public Law 104–13. It does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Congressional Review Act The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this rule is non-major under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this Order to Congress and the Government Accountability Office, pursuant to 5 U.S.C. 801(a)(1)(A). Synopsis 1. The PIRATE Act grants the Commission additional enforcement authority, including higher forfeiture penalties, against pirate radio broadcasters and any person who permits the operation of pirate radio broadcasting. Section 2 of the PIRATE Act adds a new section to the Communications Act of 1934, as amended (the Communications Act), enumerated as section 511 and entitled ‘‘Enhanced Penalties for Pirate Radio Broadcasting; Enforcement Sweeps; Reporting.’’ This Order amends section 1.80 of the Commission’s rules to implement that provision. We move directly to an order here because implementation of new section 511 entails no exercise of our administrative discretion and, therefore, notice and comment procedures are unnecessary E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules and Regulations under the ‘‘good cause’’ exception to the Administrative Procedure Act (APA). 2. New section 511 provides specific authority for the Commission to combat pirate radio broadcasting with enhanced penalties. Pirate radio broadcasting is defined as ‘‘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.’’ 47 U.S.C. 511(h). Sections 511(a) and (b) permit forfeitures of up to $100,000 per day, up to a maximum fine of $2 million, for any person who ‘‘willfully and knowingly does or causes or suffers to be done’’ any pirate radio broadcasting. These enhanced forfeiture amounts are ‘‘in addition to any other penalties provided by law.’’ 47 U.S.C. 511(b) (emphasis added). Section 511(f) directs the Commission to ‘‘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.’’ 3. We amend § 1.80 of our rules to implement section 511. First, we codify penalties for violations of section 511(a) or (b). Under the amended rule, the Commission has the authority to impose a penalty of up to $100,000 per day, up to a maximum fine of $2 million, against any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting, in addition to any forfeiture penalty amount that may be proposed under any other provision of the Communications Act. These amounts are subject to annual adjustments due to inflation. Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, 35 FCC Rcd 14879, 86 FR 3830 (Jan. 15, 2021) (EB 2020). 4. Second, consistent with section 511(f), we amend section 1.80 to provide that, absent good cause, the Commission shall, in the first instance, propose a penalty against any person who ‘‘willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting.’’ In other words, absent good cause to do otherwise, the Commission will not first issue a notice of unlicensed operation to a person who engages in such conduct. In applying the good cause standard in section 511(f), we may consider Commission precedent concerning waiver of our regulations for good cause shown. In general, this standard requires special VerDate Sep<11>2014 16:53 Mar 24, 2021 Jkt 253001 circumstances warranting a deviation from the general rule and serving the public interest. 5. Consistent with previous decisions, we amend our rules without providing for prior public notice and comment. Our action here is ministerial because it simply effectuates regulations established by legislation and requires no exercise of administrative discretion. For this reason, we conclude that prior notice and comment would serve no useful purpose and is unnecessary. We therefore find that this action comes within the ‘‘good cause’’ exception to the notice and comment requirements of the APA. 6. The Enforcement Bureau is responsible for, among other things, rulemaking proceedings regarding general enforcement policies and procedures. In section 511(f) of the Communications Act, Congress mandated the Commission to prescribe implementing regulations. Additionally, the enhanced penalties set forth in sections 511 (a) and (b) require codification in the Commission’s rules. Therefore, action on delegated authority is properly taken in this Order amending § 1.80 of our rules, which is part of the Commission’s general enforcement policies and procedures. In addition, because a notice of proposed rulemaking is not required for these rule changes, no regulatory flexibility analysis is required. 7. Effective Date. The rules adopted in this Order shall be effective 30 days after publication in the Federal Register. 8. Accordingly, it is ordered, pursuant to sections 4(i), 4(j), and 511 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 511, and §§ 0.111(a)(22), 0.231(b), and 0.311(a)(1) of the Commission’s rules, 47 CFR 0.111(a)(22), 0.311(a)(1), that this Order is adopted. 9. It is further ordered that § 1.80 of the Commission’s rules, 47 CFR 1.80, is amended as set forth in the Appendix. 10. It is further ordered that this Order and the foregoing amendments to the Commission’s rules shall be effective thirty (30) days after the date of publication in the Federal Register. 11. It is further ordered that the Commission’s Consumer & Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 1 Administrative practice and procedure, Penalties. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 15797 Federal Communications Commission. Lisa Gelb, Deputy Chief, Enforcement Bureau. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows: PART 1—PRACTICE AND PROCEDURE 1. The authority citation for part 1 is revised to read as follows: ■ Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise noted. § 1.80 [Amended] 2. Amend § 1.80 as follows: a. Revising paragraph (a)(4); b. Redesignating paragraphs (a)(5) and (6) as paragraphs (a)(6) and (7) and adding a new paragraph (a)(5); ■ c. Revising newly redesignated paragraph (a)(6); ■ d. Redesignating the Note to paragraph (a) as Note 1 to paragraph (a); ■ e. Redesignating paragraphs (b)(6) through (10) as paragraphs (b)(7) through (11) and adding a new paragraph (b)(6); ■ f. Revising newly redesignated paragraphs (b)(9) and (10); ■ g. Removing the Note to paragraph (b)(8) following newly redesignated paragraph (b)(10); ■ h. Revising the heading of the table in newly redesignated paragraph (b)(11)(ii); ■ i. Revising the Note following newly redesignated paragraph (b)(11); ■ j. Revising the introductory text to paragraph (d); and ■ k. Redesignating paragraphs (e) through (j) as paragraphs (f) through (k) and adding a new paragraph (e). The revisions and additions read as follows: ■ ■ ■ § 1.80 Forfeiture proceedings. (a) * * * (4) Violated any provision of sections 227(b) or (e) of the Communications Act or of §§ 64.1200(a)(1) through (5) and 64.1604 of this title; (5) Violated any provision of section 511(a) or (b) of the Communications Act or of paragraph (b)(6) of this section; (6) Violated any provision of section 1304, 1343, or 1464 of Title 18, United States Code; or * * * * * (b) * * * (6) Forfeiture penalty for pirate radio broadcasting. (i) 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 $2,023,640; and E:\FR\FM\25MRR1.SGM 25MRR1 15798 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules and Regulations (ii) Any person who willfully and knowingly violates the Act or any rule, regulation, restriction, or condition made or imposed by the Commission under authority of the 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 $101,182 for each day during which such offense occurs, in accordance with the limit described in this section. * * * * * (9) Maximum forfeiture penalty for any case not previously covered. In any case not covered in paragraphs (b)(1) through (8) of this section, the amount of any forfeiture penalty determined under this section shall not exceed $20,731 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $155,485 for any single act or failure to act described in paragraph (a) of this section. (10) Factors considered in determining the amount of the forfeiture penalty. In determining the amount of the forfeiture penalty, the Commission or its designee will take into account the nature, circumstances, extent and gravity of the violations and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. TABLE 1 TO PARAGRAPH (b)(10)—BASE AMOUNTS FOR SECTION 503 FORFEITURES Violation amount Forfeitures Misrepresentation/lack of candor ......................................................................................................................................................... Construction and/or operation without an instrument of authorization for the service ....................................................................... Failure to comply with prescribed lighting and/or marking .................................................................................................................. Violation of public file rules .................................................................................................................................................................. Violation of political rules: Reasonable access, lowest unit charge, equal opportunity, and discrimination ...................................... Unauthorized substantial transfer of control ........................................................................................................................................ Violation of children’s television commercialization or programming requirements ........................................................................... Violations of rules relating to distress and safety frequencies ............................................................................................................ False distress communications ........................................................................................................................................................... EAS equipment not installed or operational ........................................................................................................................................ Alien ownership violation ..................................................................................................................................................................... Failure to permit inspection ................................................................................................................................................................. Transmission of indecent/obscene materials ...................................................................................................................................... Interference .......................................................................................................................................................................................... Importation or marketing of unauthorized equipment ......................................................................................................................... Exceeding of authorized antenna height ............................................................................................................................................. Fraud by wire, radio or television ........................................................................................................................................................ Unauthorized discontinuance of service .............................................................................................................................................. Use of unauthorized equipment .......................................................................................................................................................... Exceeding power limits ........................................................................................................................................................................ Failure to respond to Commission communications ........................................................................................................................... Violation of sponsorship ID requirements ........................................................................................................................................... Unauthorized emissions ...................................................................................................................................................................... Using unauthorized frequency ............................................................................................................................................................. Failure to engage in required frequency coordination ........................................................................................................................ Construction or operation at unauthorized location ............................................................................................................................ Violation of requirements pertaining to broadcasting of lotteries or contests ..................................................................................... Violation of transmitter control and metering requirements ................................................................................................................ Failure to file required forms or information ........................................................................................................................................ Failure to make required measurements or conduct required monitoring .......................................................................................... Failure to provide station ID ................................................................................................................................................................ Unauthorized pro forma transfer of control ......................................................................................................................................... Failure to maintain required records ................................................................................................................................................... 1 Statutory (1) $10,000 10,000 10,000 9,000 8,000 8,000 8,000 8,000 8,000 8,000 7,000 7,000 7,000 7,000 5,000 5,000 5,000 5,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 3,000 3,000 2,000 1,000 1,000 1,000 Maximum for each Service. TABLE 2 TO PARAGRAPH (b)(10)—VIOLATIONS UNIQUE TO THE SERVICE Violation Services affected Unauthorized conversion of long distance telephone service ...................................................... Violation of operator services requirements ................................................................................. Violation of pay-per-call requirements .......................................................................................... Failure to implement rate reduction or refund order ..................................................................... Violation of cable program access rules ....................................................................................... Violation of cable leased access rules .......................................................................................... Violation of cable cross-ownership rules ...................................................................................... Violation of cable broadcast carriage rules ................................................................................... Violation of pole attachment rules ................................................................................................. Failure to maintain directional pattern within prescribed parameters ........................................... Violation of broadcast hoax rule ................................................................................................... AM tower fencing .......................................................................................................................... Broadcasting telephone conversations without authorization ....................................................... Violation of enhanced underwriting requirements ......................................................................... Common Carrier ...................... Common Carrier ...................... Common Carrier ...................... Cable ....................................... Cable ....................................... Cable ....................................... Cable ....................................... Cable ....................................... Cable ....................................... Broadcast ................................. Broadcast ................................. Broadcast ................................. Broadcast ................................. Broadcast ................................. VerDate Sep<11>2014 16:53 Mar 24, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1 Amount $40,000 7,000 7,000 7,500 7,500 7,500 7,500 7,500 7,500 7,000 7,000 7,000 4,000 2,000 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Rules and Regulations TABLE 3 TO PARAGRAPH (b)(10)—ADJUSTMENT CRITERIA FOR SECTION 503 FORFEITURES Upward Adjustment Criteria: (1) Egregious misconduct. (2) Ability to pay/relative disincentive. (3) Intentional violation. (4) Substantial harm. (5) Prior violations of any FCC requirements. (6) Substantial economic gain. (7) Repeated or continuous violation. Downward Adjustment Criteria: (1) Minor violation. (2) Good faith or voluntary disclosure. (3) History of overall compliance. (4) Inability to pay. TABLE 4 TO PARAGRAPH (b)(10)— NON-SECTION 503 FORFEITURES THAT ARE AFFECTED BY THE DOWNWARD ADJUSTMENT FACTORS 1 Violation Sec. 202(c) Common Carrier Discrimination. Sec. 203(e) Common Carrier Tariffs. Sec. 205(b) Common Carrier Prescriptions. Sec. 214(d) Common Carrier Line Extensions. Sec. 219(b) Common Carrier Reports. Sec. 220(d) Common Carrier Records & Accounts. Sec. 223(b) Dial-a-Porn. Statutory amount after 2021 annual inflation adjustment $12,439, $622/day. $12,439, $622/day. $24,877. $2,487/day. $2,487/day. $12,439/day. $128,904/day. TABLE 4 TO PARAGRAPH (b)(10)— NON-SECTION 503 FORFEITURES THAT ARE AFFECTED BY THE DOWNWARD ADJUSTMENT FACTORS 1— Continued Statutory amount after 2021 annual inflation adjustment Violation Sec. 227(e) Caller Identification. Sec. 364(a) Forfeitures (Ships). Sec. 364(b) Forfeitures (Ships). Sec. 386(a) Forfeitures (Ships). Sec. 386(b) Forfeitures (Ships). Sec. 511 Pirate Radio Broadcasting. Sec. 634 Cable EEO. $11,905/violation. *$35,715/ day for each day of continuing violation, up to $1,190,546 for any single act or failure to act. $10,366/day (owner). $2,074 (vessel master). $10,366/day (owner). $2,074 (vessel master). 16:53 Mar 24, 2021 Jkt 253001 particular cases. The Commission and its staff retain the discretion to issue a higher or lower forfeiture than provided in the guidelines, to issue no forfeiture at all, or to apply alternative or additional sanctions as permitted by the statute. The forfeiture ceilings per violation or per day for a continuing violation stated in section 503 of the Communications Act and the Commission’s rules are described in paragraph (b)(11) of this section. These statutory maxima became effective September 13, 2013. Forfeitures issued under other sections of the Act are dealt with separately in table 4 to this paragraph (b)(10). (11) * * * (ii) * * * Table 5 to Paragraph (b)(11)(ii) * * * * * Note 3 to paragraph (b)(11): Pursuant to Public Law 104–134, the first inflation adjustment cannot exceed 10 percent of the statutory maximum amount. * * * * (d) Preliminary procedure in some cases; citations. Except for a forfeiture $919/day. imposed under sections 227(b), 227(e)(5), 511(a), and 511(b) of the Act, 1 Unlike section 503 of the Act, which estabno forfeiture penalty shall be imposed lishes maximum forfeiture amounts, other sec- upon any person under the preceding tions of the Act, with two exceptions, state sections if such person does not hold a prescribed amounts of forfeitures for violations of the relevant section. These amounts are license, permit, certificate, or other then subject to mitigation or remission under authorization issued by the section 504 of the Act. One exception is sec- Commission, and if such person is not tion 223 of the Act, which provides a max- an applicant for a license, permit, imum forfeiture per day. For convenience, the Commission will treat this amount as if it were certificate, or other authorization issued a prescribed base amount, subject to down- by the Commission, unless, prior to the ward adjustments. The other exception is sec- issuance of the appropriate notice, such tion 227(e) of the Act, which provides max- person: imum forfeitures per violation, and for con* * * * tinuing violations. The Commission will apply * the factors set forth in section 503(b)(2)(E) of (e) Preliminary procedure in the Act and this table 4 to determine the Preventing Illegal Radio Abuse Through amount of the penalty to assess in any particular situation. The amounts in this table 4 Enforcement Act (PIRATE Act) cases. are adjusted for inflation pursuant to the Debt Absent good cause, in any case alleging Collection Improvement Act of 1996 (DCIA), a violation of subsection (a) or (b) of 28 U.S.C. 2461. These non-section 503 forfeit- section 511 of the Act, the Commission ures may be adjusted downward using the ‘‘Downward Adjustment Criteria’’ shown for shall proceed directly to issue a notice section 503 forfeitures in table 3 to this para- of apparent liability for forfeiture graph (b)(10). without first issuing a notice of unlicensed operation. Note 2 to paragraph (b)(10): Guidelines for * * * * * Assessing Forfeitures. The Commission and $2,023,640, $101,182/day. its staff may use the guidelines in tables 1 through 4 of this paragraph (b)(10) in VerDate Sep<11>2014 15799 PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 * [FR Doc. 2021–04904 Filed 3–24–21; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Rules and Regulations]
[Pages 15796-15799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04904]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[DA 20-1490; FRS 17468]


Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE 
Act)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission adopts final rules pursuant 
to the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE 
Act). Section 2 of the PIRATE Act adds a new section to the 
Communications Act of 1934, as amended (the Communications Act), 
enumerated as section 511 and entitled ``Enhanced Penalties for Pirate 
Radio Broadcasting; Enforcement Sweeps; Reporting.'' This Order amends 
the Commission's rules to implement that provision.

DATES: This rule is effective April 26, 2021.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Shannon Lipp of the Office of the Bureau Chief, 
Enforcement Bureau, at [email protected] or (202) 418-8192.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 20-1490, adopted and released on December 17, 2020. The document is 
available for download at https://docs.fcc.gov/public/attachments/DA-20-1490A1.pdf. To request this document in accessible formats for 
people with disabilities (e.g., Braille, large print, electronic files, 
audio format, etc.) or to request reasonable accommodations (e.g., 
accessible format documents, sign language interpreters, CART, etc.), 
send an email to [email protected] or call the FCC's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Paperwork Reduction Act

    This document does not contain new or modified information 
collection(s) subject to the Paperwork Reduction Act of 1995, Public 
Law 104-13. It does not contain any new or modified information 
collection burden for small business concerns with fewer than 25 
employees, pursuant to the pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Congressional Review Act

    The Commission has determined, and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs, that this rule is non-major under the Congressional Review 
Act, 5 U.S.C. 804(2). The Commission will send a copy of this Order to 
Congress and the Government Accountability Office, pursuant to 5 U.S.C. 
801(a)(1)(A).

Synopsis

    1. The PIRATE Act grants the Commission additional enforcement 
authority, including higher forfeiture penalties, against pirate radio 
broadcasters and any person who permits the operation of pirate radio 
broadcasting. Section 2 of the PIRATE Act adds a new section to the 
Communications Act of 1934, as amended (the Communications Act), 
enumerated as section 511 and entitled ``Enhanced Penalties for Pirate 
Radio Broadcasting; Enforcement Sweeps; Reporting.'' This Order amends 
section 1.80 of the Commission's rules to implement that provision. We 
move directly to an order here because implementation of new section 
511 entails no exercise of our administrative discretion and, 
therefore, notice and comment procedures are unnecessary

[[Page 15797]]

under the ``good cause'' exception to the Administrative Procedure Act 
(APA).
    2. New section 511 provides specific authority for the Commission 
to combat pirate radio broadcasting with enhanced penalties. Pirate 
radio broadcasting is defined as ``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.'' 47 U.S.C. 
511(h). Sections 511(a) and (b) permit forfeitures of up to $100,000 
per day, up to a maximum fine of $2 million, for any person who 
``willfully and knowingly does or causes or suffers to be done'' any 
pirate radio broadcasting. These enhanced forfeiture amounts are ``in 
addition to any other penalties provided by law.'' 47 U.S.C. 511(b) 
(emphasis added). Section 511(f) directs the Commission to ``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.''
    3. We amend Sec.  1.80 of our rules to implement section 511. 
First, we codify penalties for violations of section 511(a) or (b). 
Under the amended rule, the Commission has the authority to impose a 
penalty of up to $100,000 per day, up to a maximum fine of $2 million, 
against any person who willfully and knowingly does or causes or 
suffers to be done any pirate radio broadcasting, in addition to any 
forfeiture penalty amount that may be proposed under any other 
provision of the Communications Act. These amounts are subject to 
annual adjustments due to inflation. Amendment of Section 1.80(b) of 
the Commission's Rules, Adjustment of Civil Monetary Penalties to 
Reflect Inflation, Order, 35 FCC Rcd 14879, 86 FR 3830 (Jan. 15, 2021) 
(EB 2020).
    4. Second, consistent with section 511(f), we amend section 1.80 to 
provide that, absent good cause, the Commission shall, in the first 
instance, propose a penalty against any person who ``willfully and 
knowingly does or causes or suffers to be done any pirate radio 
broadcasting.'' In other words, absent good cause to do otherwise, the 
Commission will not first issue a notice of unlicensed operation to a 
person who engages in such conduct. In applying the good cause standard 
in section 511(f), we may consider Commission precedent concerning 
waiver of our regulations for good cause shown. In general, this 
standard requires special circumstances warranting a deviation from the 
general rule and serving the public interest.
    5. Consistent with previous decisions, we amend our rules without 
providing for prior public notice and comment. Our action here is 
ministerial because it simply effectuates regulations established by 
legislation and requires no exercise of administrative discretion. For 
this reason, we conclude that prior notice and comment would serve no 
useful purpose and is unnecessary. We therefore find that this action 
comes within the ``good cause'' exception to the notice and comment 
requirements of the APA.
    6. The Enforcement Bureau is responsible for, among other things, 
rulemaking proceedings regarding general enforcement policies and 
procedures. In section 511(f) of the Communications Act, Congress 
mandated the Commission to prescribe implementing regulations. 
Additionally, the enhanced penalties set forth in sections 511 (a) and 
(b) require codification in the Commission's rules. Therefore, action 
on delegated authority is properly taken in this Order amending Sec.  
1.80 of our rules, which is part of the Commission's general 
enforcement policies and procedures. In addition, because a notice of 
proposed rulemaking is not required for these rule changes, no 
regulatory flexibility analysis is required.
    7. Effective Date. The rules adopted in this Order shall be 
effective 30 days after publication in the Federal Register.
    8. Accordingly, it is ordered, pursuant to sections 4(i), 4(j), and 
511 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 511, and Sec. Sec.  0.111(a)(22), 0.231(b), and 0.311(a)(1) of 
the Commission's rules, 47 CFR 0.111(a)(22), 0.311(a)(1), that this 
Order is adopted.
    9. It is further ordered that Sec.  1.80 of the Commission's rules, 
47 CFR 1.80, is amended as set forth in the Appendix.
    10. It is further ordered that this Order and the foregoing 
amendments to the Commission's rules shall be effective thirty (30) 
days after the date of publication in the Federal Register.
    11. It is further ordered that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Penalties.

Federal Communications Commission.
Lisa Gelb,
Deputy Chief, Enforcement Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

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1. The authority citation for part 1 is revised to read as follows:

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, 
unless otherwise noted.


Sec.  1.80  [Amended]

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2. Amend Sec.  1.80 as follows:
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a. Revising paragraph (a)(4);
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b. Redesignating paragraphs (a)(5) and (6) as paragraphs (a)(6) and (7) 
and adding a new paragraph (a)(5);
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c. Revising newly redesignated paragraph (a)(6);
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d. Redesignating the Note to paragraph (a) as Note 1 to paragraph (a);
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e. Redesignating paragraphs (b)(6) through (10) as paragraphs (b)(7) 
through (11) and adding a new paragraph (b)(6);
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f. Revising newly redesignated paragraphs (b)(9) and (10);
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g. Removing the Note to paragraph (b)(8) following newly redesignated 
paragraph (b)(10);
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h. Revising the heading of the table in newly redesignated paragraph 
(b)(11)(ii);
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i. Revising the Note following newly redesignated paragraph (b)(11);
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j. Revising the introductory text to paragraph (d); and
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k. Redesignating paragraphs (e) through (j) as paragraphs (f) through 
(k) and adding a new paragraph (e).
    The revisions and additions read as follows:


Sec.  1.80  Forfeiture proceedings.

    (a) * * *
    (4) Violated any provision of sections 227(b) or (e) of the 
Communications Act or of Sec. Sec.  64.1200(a)(1) through (5) and 
64.1604 of this title;
    (5) Violated any provision of section 511(a) or (b) of the 
Communications Act or of paragraph (b)(6) of this section;
    (6) Violated any provision of section 1304, 1343, or 1464 of Title 
18, United States Code; or
* * * * *
    (b) * * *
    (6) Forfeiture penalty for pirate radio broadcasting. (i) 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 $2,023,640; and

[[Page 15798]]

    (ii) Any person who willfully and knowingly violates the Act or any 
rule, regulation, restriction, or condition made or imposed by the 
Commission under authority of the 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 $101,182 for each day during 
which such offense occurs, in accordance with the limit described in 
this section.
* * * * *
    (9) Maximum forfeiture penalty for any case not previously covered. 
In any case not covered in paragraphs (b)(1) through (8) of this 
section, the amount of any forfeiture penalty determined under this 
section shall not exceed $20,731 for each violation or each day of a 
continuing violation, except that the amount assessed for any 
continuing violation shall not exceed a total of $155,485 for any 
single act or failure to act described in paragraph (a) of this 
section.
    (10) Factors considered in determining the amount of the forfeiture 
penalty. In determining the amount of the forfeiture penalty, the 
Commission or its designee will take into account the nature, 
circumstances, extent and gravity of the violations and, with respect 
to the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and such other matters as justice may 
require.

 Table 1 to Paragraph (b)(10)--Base Amounts for Section 503 Forfeitures
------------------------------------------------------------------------
                                                             Violation
                       Forfeitures                            amount
------------------------------------------------------------------------
Misrepresentation/lack of candor........................           (\1\)
Construction and/or operation without an instrument of           $10,000
 authorization for the service..........................
Failure to comply with prescribed lighting and/or                 10,000
 marking................................................
Violation of public file rules..........................          10,000
Violation of political rules: Reasonable access, lowest            9,000
 unit charge, equal opportunity, and discrimination.....
Unauthorized substantial transfer of control............           8,000
Violation of children's television commercialization or            8,000
 programming requirements...............................
Violations of rules relating to distress and safety                8,000
 frequencies............................................
False distress communications...........................           8,000
EAS equipment not installed or operational..............           8,000
Alien ownership violation...............................           8,000
Failure to permit inspection............................           7,000
Transmission of indecent/obscene materials..............           7,000
Interference............................................           7,000
Importation or marketing of unauthorized equipment......           7,000
Exceeding of authorized antenna height..................           5,000
Fraud by wire, radio or television......................           5,000
Unauthorized discontinuance of service..................           5,000
Use of unauthorized equipment...........................           5,000
Exceeding power limits..................................           4,000
Failure to respond to Commission communications.........           4,000
Violation of sponsorship ID requirements................           4,000
Unauthorized emissions..................................           4,000
Using unauthorized frequency............................           4,000
Failure to engage in required frequency coordination....           4,000
Construction or operation at unauthorized location......           4,000
Violation of requirements pertaining to broadcasting of            4,000
 lotteries or contests..................................
Violation of transmitter control and metering                      3,000
 requirements...........................................
Failure to file required forms or information...........           3,000
Failure to make required measurements or conduct                   2,000
 required monitoring....................................
Failure to provide station ID...........................           1,000
Unauthorized pro forma transfer of control..............           1,000
Failure to maintain required records....................           1,000
------------------------------------------------------------------------
\1\ Statutory Maximum for each Service.


     Table 2 to Paragraph (b)(10)--Violations Unique to the Service
------------------------------------------------------------------------
             Violation                Services affected       Amount
------------------------------------------------------------------------
Unauthorized conversion of long      Common Carrier.....         $40,000
 distance telephone service.
Violation of operator services       Common Carrier.....           7,000
 requirements.
Violation of pay-per-call            Common Carrier.....           7,000
 requirements.
Failure to implement rate reduction  Cable..............           7,500
 or refund order.
Violation of cable program access    Cable..............           7,500
 rules.
Violation of cable leased access     Cable..............           7,500
 rules.
Violation of cable cross-ownership   Cable..............           7,500
 rules.
Violation of cable broadcast         Cable..............           7,500
 carriage rules.
Violation of pole attachment rules.  Cable..............           7,500
Failure to maintain directional      Broadcast..........           7,000
 pattern within prescribed
 parameters.
Violation of broadcast hoax rule...  Broadcast..........           7,000
AM tower fencing...................  Broadcast..........           7,000
Broadcasting telephone               Broadcast..........           4,000
 conversations without
 authorization.
Violation of enhanced underwriting   Broadcast..........           2,000
 requirements.
------------------------------------------------------------------------


[[Page 15799]]


    Table 3 to Paragraph (b)(10)--Adjustment Criteria for Section 503
                               Forfeitures
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Upward Adjustment Criteria:
    (1) Egregious misconduct.
    (2) Ability to pay/relative disincentive.
    (3) Intentional violation.
    (4) Substantial harm.
    (5) Prior violations of any FCC requirements.
    (6) Substantial economic gain.
    (7) Repeated or continuous violation.
Downward Adjustment Criteria:
    (1) Minor violation.
    (2) Good faith or voluntary disclosure.
    (3) History of overall compliance.
    (4) Inability to pay.
------------------------------------------------------------------------


   Table 4 to Paragraph (b)(10)--Non-Section 503 Forfeitures That Are
             Affected by the Downward Adjustment Factors \1\
------------------------------------------------------------------------
                                           Statutory amount after 2021
               Violation                   annual inflation adjustment
------------------------------------------------------------------------
Sec. 202(c) Common Carrier               $12,439, $622/day.
 Discrimination.
Sec. 203(e) Common Carrier Tariffs.....  $12,439, $622/day.
Sec. 205(b) Common Carrier               $24,877.
 Prescriptions.
Sec. 214(d) Common Carrier Line          $2,487/day.
 Extensions.
Sec. 219(b) Common Carrier Reports.....  $2,487/day.
Sec. 220(d) Common Carrier Records &     $12,439/day.
 Accounts.
Sec. 223(b) Dial-a-Porn................  $128,904/day.
Sec. 227(e) Caller Identification......  $11,905/violation. *$35,715/day
                                          for each day of continuing
                                          violation, up to $1,190,546
                                          for any single act or failure
                                          to act.
Sec. 364(a) Forfeitures (Ships)........  $10,366/day (owner).
Sec. 364(b) Forfeitures (Ships)........  $2,074 (vessel master).
Sec. 386(a) Forfeitures (Ships)........  $10,366/day (owner).
Sec. 386(b) Forfeitures (Ships)........  $2,074 (vessel master).
Sec. 511 Pirate Radio Broadcasting.....  $2,023,640, $101,182/day.
Sec. 634 Cable EEO.....................  $919/day.
------------------------------------------------------------------------
\1\ Unlike section 503 of the Act, which establishes maximum forfeiture
  amounts, other sections of the Act, with two exceptions, state
  prescribed amounts of forfeitures for violations of the relevant
  section. These amounts are then subject to mitigation or remission
  under section 504 of the Act. One exception is section 223 of the Act,
  which provides a maximum forfeiture per day. For convenience, the
  Commission will treat this amount as if it were a prescribed base
  amount, subject to downward adjustments. The other exception is
  section 227(e) of the Act, which provides maximum forfeitures per
  violation, and for continuing violations. The Commission will apply
  the factors set forth in section 503(b)(2)(E) of the Act and this
  table 4 to determine the amount of the penalty to assess in any
  particular situation. The amounts in this table 4 are adjusted for
  inflation pursuant to the Debt Collection Improvement Act of 1996
  (DCIA), 28 U.S.C. 2461. These non-section 503 forfeitures may be
  adjusted downward using the ``Downward Adjustment Criteria'' shown for
  section 503 forfeitures in table 3 to this paragraph (b)(10).


    Note 2 to paragraph (b)(10):  Guidelines for Assessing 
Forfeitures. The Commission and its staff may use the guidelines in 
tables 1 through 4 of this paragraph (b)(10) in particular cases. 
The Commission and its staff retain the discretion to issue a higher 
or lower forfeiture than provided in the guidelines, to issue no 
forfeiture at all, or to apply alternative or additional sanctions 
as permitted by the statute. The forfeiture ceilings per violation 
or per day for a continuing violation stated in section 503 of the 
Communications Act and the Commission's rules are described in 
paragraph (b)(11) of this section. These statutory maxima became 
effective September 13, 2013. Forfeitures issued under other 
sections of the Act are dealt with separately in table 4 to this 
paragraph (b)(10).

    (11) * * *
    (ii) * * *

Table 5 to Paragraph (b)(11)(ii)

* * * * *

    Note 3 to paragraph (b)(11):  Pursuant to Public Law 104-134, 
the first inflation adjustment cannot exceed 10 percent of the 
statutory maximum amount.

* * * * *
    (d) Preliminary procedure in some cases; citations. Except for a 
forfeiture imposed under sections 227(b), 227(e)(5), 511(a), and 511(b) 
of the Act, no forfeiture penalty shall be imposed upon any person 
under the preceding sections if such person does not hold a license, 
permit, certificate, or other authorization issued by the Commission, 
and if such person is not an applicant for a license, permit, 
certificate, or other authorization issued by the Commission, unless, 
prior to the issuance of the appropriate notice, such person:
* * * * *
    (e) Preliminary procedure in Preventing Illegal Radio Abuse Through 
Enforcement Act (PIRATE Act) cases. Absent good cause, in any case 
alleging a violation of subsection (a) or (b) of section 511 of the 
Act, the Commission shall proceed directly to issue a notice of 
apparent liability for forfeiture without first issuing a notice of 
unlicensed operation.
* * * * *
[FR Doc. 2021-04904 Filed 3-24-21; 8:45 am]
BILLING CODE 6712-01-P
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