New York anti-pirate radio bill flawed; contact the governor's office

[John Poet]

This bill is severely flawed, as it notes no exceptions for 'Part 15' broadcasters, who are legal and do NOT have to 'obtain prior authorization from the F.C.C.'--
Read more here, and use the included link to urge Gov. Cuomo to veto this garbage legislation!

http://www.tcsshortwave.com/2011/07/update-flawed-new-york-anti-pirate.html

[ChrisSmolinski]

Part of the law reads "WITHOUT FIRST HAVING OBTAINED A LICENSE OR OTHER AUTHORIZATION FROM THE FEDERAL COMMUNICATIONS COMMISSION, OR  DULY AUTHORIZED FEDERAL AGENCY".  Would the "other authorization" include Part 15?

[John Poet]

Maybeeeee....

The big problem is, will the average New York peace officer understand the difference between a Part-15 not requiring a license, and a pirate? (before he arrests them and seizes all their equipment)

It could open the state up to liability for false arrests.

And then, how about all the people driving around with those little FM transmitters for mp3 players?  Many of those probably aren't legal power; they going to arrest all those people too?  They're certainly "unauthorized".

Badly researched legislation written by people with no balanced knowledge of radio.

[ChrisSmolinski]

Badly researched legislation written by people with no balanced knowledge of radio.

Well, the above, minus the radio part, describes most legislation, doesn't it? :-)

IIRC another state, Florida?, has a similar law on the books.  FWIW, the Feds like to maintain full control over the RF spectrum, so I'm not sure how this is going to play out. Obviously IANAL, but from memory (working for a lawyer for a few years), the states are often allowed to pass more restrictive laws than the federal government. Auto emissions standards, for example (California). So it may be entirely possible for a state to ban what is legal under Part 15. It would be insane, of course, but that's never stopped states before. The Feds would then trot out the Interstate Commerce Clause, their one-size-fits-all constitutional trump card.

As with most laws, it will probably end up with the courts sorting things out. I'm not sure I'd want to be the lawyer trying to explain Part 15 to Clarence Thomas.

[cmradio]

How can a state legislate something that's federal jurisdiction?

Peace!

[lovemyradios]

Another law, to clog up the courts and in the end accomplish nothing.  The biggest problem I see is that the states don't have the equipment to carry out the enforcement of this idiotic law.  Or are they just going to act upon a complaint by a nosey neighbor?  Seems like this would violate the "Commerce Clause" of the Constitution too, but I'm no expert. 

It appears that the states are getting antsy because the FCC isn't doing what the Clear Channels tell them to do.  So the corporate folks are bypassing the FCC and going to the states. 

Has there been any enforcement actions by state officials in Florida?