FLORIDA AMATEUR RADIO OPERATORS AT RISK
As of July 1, 2004 a new Florida statute (S. 877.27) makes it a 3rd degree felony to transmit without a license or cause radio interference to a licensed broadcast station in the State of Florida, with penalties ranging up to $100,000 fine and five years in prison.
This law is broad and vague and even could allow someone to use it to settle a grudge with a amateur radio or CB operator who might interfere with their radio or TV reception. Instead of calling the FCC to investigate interference complaints, someone now need only call the local police or sheriffs department. In a newspaper article, Ralph Barlow of the Tampa FCC office said that under this new law, local police and sherriffs departments can act without even having to contact the FCC. This fact was brought to the attention to the national organization that represents amateur radio (hams) radio operators, the American Radio Relay League (ARRL). On Feb 25, 2005, the ARRL filed at the FCC a Request for Declaratory Ruling seeking to have the FCC invoke federal preemption thus striking down the Florida radio law. The ten-page request points out that radio interference and regulation of radio waves is solely under the jurisdiction of the federal government (FCC) and this power cannot be used by the States. At present the FCC is just sitting on the Request for Declaratory Ruling, but if enough people contact the FCC asking that they act on te ARRL Request for Declaratory Ruling, then it is likely the FCC will invoke its federal preemption thus striking down the Florida law.
Contact the FCC Chairman and Commissioners and tell them to act on the ARRL Request for Declaratory Ruling (Filed 2/25/05) and strike down Florida Statute 877.27 - - - - - - -
Chairman Kevin J. Martin: [email protected]
Commissioner Kathleen Q. Abernathy: [email protected]
Commissioner Michael J. Copps: [email protected]
Commissioner Jonathan S. Adelstein: [email protected]
.
Here is an article from the American Radio Relay League (ARRL) website about this problem for Florida hams.
League Asks FCC to Void Florida RFI Statute
NEWINGTON, CT, Mar 1, 2005--The ARRL has asked the FCC to declare invalid a Florida law that prohibits anyone making radio transmissions without a license or Commission "exemption" from interfering with a licensed broadcast station. In a Request for Declaratory Ruling to the Commission February 25, the League maintains that only the FCC has authority to regulate radio stations and RFI. By prohibiting interference to broadcasters, the ARRL contends, the Florida law could have the apparently unintended consequence of affecting ham radio licensees as well as operators of certain unlicensed Part 15 devices, such as cordless telephones.
"What is clear is that no radio transmissions, licensed or not, are permitted if they result in interference to public or commercial radio stations licensed by the Commission," the League said. "Thus, it would appear that Commission-licensed Amateur Radio stations in Florida are subject to felony prosecution if their transmissions interfere with interference-susceptible broadcast or other radio receivers used in listening to public or commercial radio stations."
The law also could subject operators of Part 15 unlicensed intentional radiators that interfere with broadcast stations to felony criminal prosecution, the League said, adding that it "could be interpreted to prohibit operation of Part 15 devices entirely."
Citing case law and legal opinions dating as far back as the 1930s, the ARRL requested a declaratory ruling from the FCC that the Florida statute "exceeds the jurisdiction of the State of Florida and intrudes on the exclusive jurisdiction afforded the Commission by the Communications Act of 1934 as amended, to regulate radio stations and to address interference phenomena."
The Florida Legislature enacted the law, §877.27 of the Florida Criminal Statutes (under "Miscellaneous Crimes"), last year. It took effect July 1, 2004. Violations would be considered third-degree felonies in Florida.
The ARRL says it's not clear that Florida lawmakers intended the law to be as broad in its application as it reads, but that the new law--apparently aimed at unlicensed "pirate" broadcasters--"nonetheless on its face prohibits any person from causing interference" with an FCC-licensed broadcast station.
Although the Communications Act of 1934 does not specifically preempt state regulation of RFI matters, Congress clarified in 1982 that all telecommunications are interstate and subject to exclusive regulation by the FCC, the ARRL pointed out. It cited the Communications Amendments Act of 1982, Public Law 97-259 to support its stance.
"The legislative history of the Communications Amendments Act of 1982 demonstrates that Congress intended to completely preempt the regulation of RFI," and leave it solely in the hands of the FCC, the ARRL said. The League also noted that courts "likewise have refused to allow private lawsuits against commercial broadcasters to abate RFI problems."
In a 2003 case, Anne Arundel County, Maryland, the FCC "held clearly that all attempts by states and municipalities to regulate RFI are void as preempted by the supremacy clause of the Constitution," the ARRL said. The League's petition concludes that the Florida statute "is void as preempted by federal communications law."
As of July 1, 2004 a new Florida statute (S. 877.27) makes it a 3rd degree felony to transmit without a license or cause radio interference to a licensed broadcast station in the State of Florida, with penalties ranging up to $100,000 fine and five years in prison.
This law is broad and vague and even could allow someone to use it to settle a grudge with a amateur radio or CB operator who might interfere with their radio or TV reception. Instead of calling the FCC to investigate interference complaints, someone now need only call the local police or sheriffs department. In a newspaper article, Ralph Barlow of the Tampa FCC office said that under this new law, local police and sherriffs departments can act without even having to contact the FCC. This fact was brought to the attention to the national organization that represents amateur radio (hams) radio operators, the American Radio Relay League (ARRL). On Feb 25, 2005, the ARRL filed at the FCC a Request for Declaratory Ruling seeking to have the FCC invoke federal preemption thus striking down the Florida radio law. The ten-page request points out that radio interference and regulation of radio waves is solely under the jurisdiction of the federal government (FCC) and this power cannot be used by the States. At present the FCC is just sitting on the Request for Declaratory Ruling, but if enough people contact the FCC asking that they act on te ARRL Request for Declaratory Ruling, then it is likely the FCC will invoke its federal preemption thus striking down the Florida law.
Contact the FCC Chairman and Commissioners and tell them to act on the ARRL Request for Declaratory Ruling (Filed 2/25/05) and strike down Florida Statute 877.27 - - - - - - -
Chairman Kevin J. Martin: [email protected]
Commissioner Kathleen Q. Abernathy: [email protected]
Commissioner Michael J. Copps: [email protected]
Commissioner Jonathan S. Adelstein: [email protected]
.
Here is an article from the American Radio Relay League (ARRL) website about this problem for Florida hams.
League Asks FCC to Void Florida RFI Statute
NEWINGTON, CT, Mar 1, 2005--The ARRL has asked the FCC to declare invalid a Florida law that prohibits anyone making radio transmissions without a license or Commission "exemption" from interfering with a licensed broadcast station. In a Request for Declaratory Ruling to the Commission February 25, the League maintains that only the FCC has authority to regulate radio stations and RFI. By prohibiting interference to broadcasters, the ARRL contends, the Florida law could have the apparently unintended consequence of affecting ham radio licensees as well as operators of certain unlicensed Part 15 devices, such as cordless telephones.
"What is clear is that no radio transmissions, licensed or not, are permitted if they result in interference to public or commercial radio stations licensed by the Commission," the League said. "Thus, it would appear that Commission-licensed Amateur Radio stations in Florida are subject to felony prosecution if their transmissions interfere with interference-susceptible broadcast or other radio receivers used in listening to public or commercial radio stations."
The law also could subject operators of Part 15 unlicensed intentional radiators that interfere with broadcast stations to felony criminal prosecution, the League said, adding that it "could be interpreted to prohibit operation of Part 15 devices entirely."
Citing case law and legal opinions dating as far back as the 1930s, the ARRL requested a declaratory ruling from the FCC that the Florida statute "exceeds the jurisdiction of the State of Florida and intrudes on the exclusive jurisdiction afforded the Commission by the Communications Act of 1934 as amended, to regulate radio stations and to address interference phenomena."
The Florida Legislature enacted the law, §877.27 of the Florida Criminal Statutes (under "Miscellaneous Crimes"), last year. It took effect July 1, 2004. Violations would be considered third-degree felonies in Florida.
The ARRL says it's not clear that Florida lawmakers intended the law to be as broad in its application as it reads, but that the new law--apparently aimed at unlicensed "pirate" broadcasters--"nonetheless on its face prohibits any person from causing interference" with an FCC-licensed broadcast station.
Although the Communications Act of 1934 does not specifically preempt state regulation of RFI matters, Congress clarified in 1982 that all telecommunications are interstate and subject to exclusive regulation by the FCC, the ARRL pointed out. It cited the Communications Amendments Act of 1982, Public Law 97-259 to support its stance.
"The legislative history of the Communications Amendments Act of 1982 demonstrates that Congress intended to completely preempt the regulation of RFI," and leave it solely in the hands of the FCC, the ARRL said. The League also noted that courts "likewise have refused to allow private lawsuits against commercial broadcasters to abate RFI problems."
In a 2003 case, Anne Arundel County, Maryland, the FCC "held clearly that all attempts by states and municipalities to regulate RFI are void as preempted by the supremacy clause of the Constitution," the ARRL said. The League's petition concludes that the Florida statute "is void as preempted by federal communications law."
