Legal in New Jersey?

[Radiofan101]

Is Part 15 radio legal in New Jersey?

Let's say you're using an FCC Part 15 certified transmitter, such as the Talking House, which was manufactured in New Jersey. Is it legal?

Keep in mind, NJ has this law on the books:
As reported, this bill makes it unlawful for a person to: 1) make,
or cause to be made, a radio transmission in this State unless the
person obtains a license, or an exemption from licensure, from the
Federal Communications Commission pursuant to 47 U.S.C. s.301, or
other applicable federal law or regulation; or 2) do any act to cause an
unlicensed radio transmission or interference with a public or
commercial radio station licensed by the Federal Communications
Commission or to enable the radio transmission or interference to
occur. The bill further provides that a violator of the bill's
requirements would be guilty of a crime of the fourth degree, and thus
subject to a fine of up to $10,000 and a prison term of up to 18
months.

 

[Ermi Roos]

Yes, Part 15 is legal in New Jersey (and also in Florida, which has a similar law). The laws in New Jersey and Florida mirror the Federal law. Part 15 is exempt from licensing. This would become an issue only if the Federal government chooses not to enforce their radio laws.

 

[RadioMan203]

We had the same exact discussion over on my site regarding New Jersey and Part 15 regs. The November 2004 State Assembly Bill #3082 in part reads as follow:

... As reported, this bill makes it unlawful for a person to: 1) make, or cause to be made, a radio transmission in this State unless the person obtains a license, or an exemption from licensure, from the Federal Communications Commission pursuant to 47 U.S.C. s.301, or other applicable federal law or regulation; or 2) do any act to cause an unlicensed radio transmission or interference with a public or commercial radio station licensed by the Federal Communications Commission or to enable the radio transmission or interference to occur. (emphasis by me)

The exemption is that of the FCC Part 15 regulations.The fact of using a certified device (transmitter) won't hurt, either.

 

[magicjellybeans]

As reported, this bill makes it unlawful for a person to: 1) make,
or cause to be made, a radio transmission in this State

Ok so no "Home-brewing' (made yourself)ham radios,or ANY transmitter,if you read this part!
Nj is a tool of a state anyhow...

 

[audioguy]

I would not interpret this to say that you cannot make your own transmitter, so long as it complies with the appropriate rule part and you are operating it in compliance with FCC rules, including rules pertaining to unlicensed operation.

 

[Ermi Roos]

I am not aware of the radio piracy laws in either New Jersey or Florida ever being enforced without the involvement of the FCC.

 

[CaptBob92]

I can tell you that Florida is very agressive in fighting unlicensed operaters. Recently, in Fort Myers they ( Local PD and FCC ) raided an FM pirate upon a complaignt from a licensed station several channels away. The problem with these laws is they tend to usurp Federal authorities and may charge a part 15 operater with doing something that licensed stations already do namely coming up on adjacent channels on a poorly designed radio located close to a transmitter. The radio owner calls the cops on the part 15 owner but figures if it's coming from a big licensed station it must be legal when the real cause is his less than selective radio.
Few police departments have a guy on staff or available that understands the intracacies of radio broadcasting and ofcourse no calibrated equipment. They should recind these laws and leave it to the FCC.

 

[Ermi Roos]

CaptBob92 posts that the FCC was involved in the Fort Myers case he mentions. I don't think that Federal law is usurped when the Federal agency was involved in the raid. Of course, the local police have to call the FCC in these cases, because, as Bob mentions, they don't have the expertise or the equipment. Also, since the FCC agents are unarmed, sometimes they need police backup for raids.

 

[JayR]

I can tell you that Florida is very agressive in fighting unlicensed operaters. Recently, in Fort Myers they ( Local PD and FCC ) raided an FM pirate upon a complaint from a licensed station several channels away. The problem with these laws is they tend to usurp Federal authorities and may charge a part 15 operater with doing something that licensed stations already do namely coming up on adjacent channels on a poorly designed radio located close to a transmitter. The radio owner calls the cops on the part 15 owner but figures if it's coming from a big licensed station it must be legal when the real cause is his less than selective radio.

FMPD busts a "pirate" station? When did this occur? What frequency was the station broadcasting on?

 

[Ermi Roos]

FMPD and the FCC raided a pirate station operating on 95.7 MHz at 2401 Welch Street, Fort Myers, FL on June 3, 2010. Equipment was seized and two men were arrested.

 

[edarmsttrong]

FMPD and the FCC raided a pirate station operating on 95.7 MHz at 2401 Welch Street, Fort Myers, FL on June 3, 2010. Equipment was seized and two men were arrested.

Were those the guys who were running spots for hookers and cocaine dealers?

 

[Ermi Roos]

I read three different newspaper articles about this incident; it was a powerful station, since it covered a wide area, and the format was hip-hop, but the papers did not mention anything about advertisements for hookers and cocaine dealers.

 

[RadioMan203]

I'm curious just how much more "bite" the FCC exercises in Jersey and Florida, thanks to the state laws/bills. I know there's been a Caribbean pirate FM operating in a neighboring city for months now and they keep re-emerging and have yet to be shut down, despite interference it was cause to one station's EAS monitoring and reception of a legal first adjacent channel.

 

[Ermi Roos]

One of the articles I read has mug shots of the pirates wearing orange jail jumpsuits. The subjects were arrested, and the jump suits indicate that they were thrown in jail, too. Ordinarily, an FCC bust doesn't result in jail time. Adding state law to the federal law does seem to give the FCC more "bite." It's also possible that the jump suit mug shots were due to previous arrests, and not this incident. If that is the case, these pirates are not just radio hobbyists, but they also have a criminal history.

 

[Bongwater]

http://www.naplesnews.com/news/2010/jun/04/police-say-they-busted-fort-myers-pirate-radio-sta/

It wouldn't surprise me that street gangs are starting to use radio as a means of recruitment and promotion to impressionable young people. I don't know anything about these guys, but I'm hearing through the grapevine of this kind of thing happening around the country. Chinese made (HLLY) transmitters are cheap and easy to get from eBay. The FCC, local police don't have enough manpower to bust EVERYONE (then there's the "free speech" issue.) The courts are swamped enough with gang crimes on the dockets as it is. And it's really the final frontier for them. They're bold enough to kill. So this is really nothing to them.

When this emerges as a major problem, maybe then will we finally wake up and see who the REAL terrorists in our midst are?

 

[Timewarp]

The FCC today is not dealing with the same kind of pirate as in the past.
In 1970, it was likely a whizkid. Today it's an adult man.

So, in 1970 the FCC inspector scared your dad, who then dealt with your butt.
The agent laughed all the way back to the office knowing all the trouble you
were in at home. Dad smashed your homemade transmitter and took away your
car keys. You were grounded for a month.

Today pirate equipment is very available to anyone who can hook up a sound
system and can be ordered on the internet.

Today's pirate is not a kid. It's a man with an agenda. It's a different world
for FCC enforcement today. The agent may be dealing with an adult.