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FCC ban silences illegal radio station in Miramar

9

954

Guest
FCC ban silences illegal radio station in Miramar

Miramar-based Vibez radio has been shut down for operating without a Federal Communications Commission license, but hopes to return Caribbean programming to the airwaves in the near future.

From today's Herald:

http://www.miami.com/mld/miamiherald/13490755.htm
<P ID="signature">______________
Just posted: <A href='http://www.univox.com/radio/2005december.html'>
December Edition, South Florida Radio News</A> ... from 954</P>
 
> FCC ban silences illegal radio station in Miramar
>
> Miramar-based Vibez radio has been shut down for operating
> without a Federal Communications Commission license, but
> hopes to return Caribbean programming to the airwaves in the
> near future.
>
> From today's Herald:
>
> http://www.miami.com/mld/miamiherald/13490755.htm
>
Wasn't this station operating under the Part 15 clause? I was receiving it in Central Broward south of I-595.

Whoever wrote that state law that bans illegal stations apparently didn't do their homework. Under Section 47 of the Code of Federal Regulations, keyword FEDERAL, superceding any state law mind you), basically, stations with an output of 100 milliwatts are permitted, provided they do not interfere with anyone else.

You can't tell me the state is allowed to close up a legal Part 15 station in Florida, are you? If so that's amazing.
 
> Wasn't this station operating under the Part 15 clause? I
> was receiving it in Central Broward south of I-595.

No. It reportedly had an ERP in excess of 100 watts.
>
> Whoever wrote that state law that bans illegal stations
> apparently didn't do their homework. Under Section 47 of
> the Code of Federal Regulations, keyword FEDERAL,
> superceding any state law mind you), basically, stations
> with an output of 100 milliwatts are permitted, provided
> they do not interfere with anyone else.

None of the pirates in question is a Part 15 station. I was able to drive one Miami Haitian pirate from Liberty City on the 95 into downtown, and then all the way out to the Dolphin Mall. That would likely be ERP at over 1 kw with a low antenna... not milliwatts.
>
> You can't tell me the state is allowed to close up a legal
> Part 15 station in Florida, are you? If so that's amazing.
>

No, they close the stations that are hazards to health, aviation and which violate zoning and building codes.
 
> > FCC ban silences illegal radio station in Miramar
> >
> > Miramar-based Vibez radio has been shut down for operating
>
> > without a Federal Communications Commission license, but
> > hopes to return Caribbean programming to the airwaves in
> the
> > near future.
> >
> > From today's Herald:
> >
> > http://www.miami.com/mld/miamiherald/13490755.htm
> >
> Wasn't this station operating under the Part 15 clause? I
> was receiving it in Central Broward south of I-595.

There was nothing in the article to suggest that it was
Pt 15 or low power at all.

> Whoever wrote that state law that bans illegal stations
> apparently didn't do their homework. Under Section 47 of
> the Code of Federal Regulations, keyword FEDERAL,
> superceding any state law mind you), basically, stations
> with an output of 100 milliwatts are permitted, provided
> they do not interfere with anyone else.

That has been discussed here in the past. I was just
providing a link to the article.

> You can't tell me the state is allowed to close up a legal
> Part 15 station in Florida, are you? If so that's amazing.

I wouldn't think so.
<P ID="signature">______________
Just posted: <A href='http://www.univox.com/radio/2005december.html'>
December Edition, South Florida Radio News</A> ... from 954</P>
 
> > Wasn't this station operating under the Part 15 clause? I
>
> > was receiving it in Central Broward south of I-595.
>
> No. It reportedly had an ERP in excess of 100 watts.
> >
> > Whoever wrote that state law that bans illegal stations
> > apparently didn't do their homework. Under Section 47 of
> > the Code of Federal Regulations, keyword FEDERAL,
> > superceding any state law mind you), basically, stations
> > with an output of 100 milliwatts are permitted, provided
> > they do not interfere with anyone else.
>
> None of the pirates in question is a Part 15 station. I was
> able to drive one Miami Haitian pirate from Liberty City on
> the 95 into downtown, and then all the way out to the
> Dolphin Mall. That would likely be ERP at over 1 kw with a
> low antenna... not milliwatts.
> >
> > You can't tell me the state is allowed to close up a legal
>
> > Part 15 station in Florida, are you? If so that's
> amazing.
> >
>
> No, they close the stations that are hazards to health,
> aviation and which violate zoning and building codes.
>

Interesting..OK. Reason I brought it up is because I read the law enacted by the State government bans all illegal broadcasts, and a lot of people were scared of putting up Part 15s in FL, especially down here in South FL.

However, nothing is mentioned in the state law about Part 15 outlets, which ARE legal by the Code fo Federal Regulations.

How do you think something like that would be handled, David, just out of curiousity?
 
> > > FCC ban silences illegal radio station in Miramar
> > >
> > > Miramar-based Vibez radio has been shut down for
> operating
> >
> > > without a Federal Communications Commission license, but
>
> > > hopes to return Caribbean programming to the airwaves in
>
> > the
> > > near future.
> > >
> > > From today's Herald:
> > >
> > > http://www.miami.com/mld/miamiherald/13490755.htm
> > >
> > Wasn't this station operating under the Part 15 clause? I
>
> > was receiving it in Central Broward south of I-595.
>
> There was nothing in the article to suggest that it was
> Pt 15 or low power at all.
>
> > Whoever wrote that state law that bans illegal stations
> > apparently didn't do their homework. Under Section 47 of
> > the Code of Federal Regulations, keyword FEDERAL,
> > superceding any state law mind you), basically, stations
> > with an output of 100 milliwatts are permitted, provided
> > they do not interfere with anyone else.
>
> That has been discussed here in the past. I was just
> providing a link to the article.
>
No I understand, 954. Appreciate the article. Thanks. There's been a lot of talk on different boards that people in FL are scared to put up a Part 15 outlet, which is legal according to the Code of Federal Regs, but since the state law is so poorly written and says nothing about Part 15s, anyone without an FCC license, Part 15 op. or otherwise should expect FDLE and local police to be knocking on their door accusing them of operating an illegal radio station and slapping them with a felony charge.
 
Part 15

> > That has been discussed here in the past. I was just
> > providing a link to the article.
> >
> No I understand, 954. Appreciate the article. Thanks.
> There's been a lot of talk on different boards that people
> in FL are scared to put up a Part 15 outlet, which is legal
> according to the Code of Federal Regs, but since the state
> law is so poorly written and says nothing about Part 15s,
> anyone without an FCC license, Part 15 op. or otherwise
> should expect FDLE and local police to be knocking on their
> door accusing them of operating an illegal radio station and
> slapping them with a felony charge.

If a Pt 15 is legal, complying with FCC requirements,
why should the state get involved?

Even if the law is poorly written, common sense
should preclude raiding a legal station.

And common sense should dictate that a Pt 15 station
would identify itself as such, so there is no
confusion. Do they?<P ID="signature">______________
Just posted: <A href='http://www.univox.com/radio/2005december.html'>
December Edition, South Florida Radio News</A> ... from 954</P>
 
Re: Part 15

>
> If a Pt 15 is legal, complying with FCC requirements,
> why should the state get involved?
>
The whole reason Florida wrote their own broadcast law was becasue they claim the FCC wasn't enforcing their own rules, so they're doing it themselves.

> Even if the law is poorly written, common sense
> should preclude raiding a legal station.

The state law bans all unlicensed stations. And this is the state of FL we're talking about.
>
> And common sense should dictate that a Pt 15 station
> would identify itself as such, so there is no
> confusion. Do they?
>
Some I hear do, some don't. However I read more and more are doing that as well as including the Part 15 in their logo on their websites to protect themselves, as well as contacting the FCC making sure THEY know they're in service according to the rules.
 
That's GREAT news!

That's great news! Too bad it took them so long to enforce the law. Hopefully they'll be prosecuted to the full extent of both the state and federal law, and relinquish any rights to further and current FCC proceedings in the auctions.

There is no conflict with Part 15 statutes and the state law. Part 15 devices, in addition to the power limitations, CANNOT create any interference, even if only 250 microvolts at 3 meters. The state law is also triggered by "causing interference." If a Part 15 station is operating according to Part 15 and not causing interference, then there is no issue with respect to the state and federal laws.

Hopefully 2006 will be a banner year for this type of enforcement in South Florida!

>
> However, nothing is mentioned in the state law about Part 15
> outlets, which ARE legal by the Code fo Federal Regulations.
>
>
> How do you think something like that would be handled,
> David, just out of curiousity?
>
 
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