NY To Regulate Unlicensed Radio

[Carmine5]

NY State senate has introduced a bill to make any radio transmission that is not licensed by the FCC illegal and punishable by a fine of 10K.

Here is the text of the bill:

S 190.72 UNAUTHORIZED RADIO TRANSMISSION.
A PERSON IS GUILTY OF UNAUTHORIZED RADIO TRANSMISSION WHEN SUCH
PERSON:
1. KNOWINGLY MAKES OR CAUSES TO BE MADE A RADIO TRANSMISSION IN THIS
STATE WITHOUT FIRST HAVING OBTAINED A LICENSE OR AN EXEMPTION FROM
LICENSURE FROM THE FEDERAL COMMUNICATIONS COMMISSION OR OTHER APPLICABLE
FEDERAL LAW OR REGULATION; OR
2. ACTS, WHETHER DIRECTLY OR INDIRECTLY, TO CAUSE AN UNAUTHORIZED
RADIO TRANSMISSION TO, 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.
A PERSON CONVICTED OF UNAUTHORIZED RADIO TRANSMISSION SHALL BE GUILTY
OF A CLASS D FELONY.

http://www.engineeringradio.us/blog/2011/02/ny-state-to-regulate-radio/

No provision for Part 15 radio is included here. And,as noted in the link, the bill itself may even be unconstitutional.

 

[rfry]

(The) NY State senate has introduced a bill to make any radio transmission that is not licensed by the FCC illegal and punishable by a fine of 10K when a person "...KNOWINGLY MAKES OR CAUSES TO BE MADE A RADIO TRANSMISSIONINTHIS STATE WITHOUT FIRST HAVING OBTAINEDALICENSE OR AN EXEMPTION FROM LICENSURE FROM THE FEDERAL COMMUNICATIONS COMMISSION OR OTHER APPLICABLE FEDERAL LAW OR REGULATION..."

This bill may not be as onerous as feared, at least the way it is worded now.

The phrase in bold text in the quote above should mean that operators of unlicensed transmit systems in the AM & FM broadcast bands are not making unauthorized radio transmissions in NY state as long as they (really) comply with Part 15.
//

 

[Goat Rodeo Cowboy]

Who or What is driving this introduction of bills at the state level (in more than one state) to deal with pirate radio, renegade radio or whatever? Is it the commercial broadcasters or is ther another group of people that feel "put upon" by these broadcasts?

Looking at this from the "political commentary" view, isn't it ironic that in a day and time when there is a groundswell in American politics that government is getting too big, too intrusive, that we have this little wave of people upset because the government is NOT getting intrusive enough, and if the Feds don't feel like they have the time and energy to be intrusive, we will mandate that the state get too big and intrusive.

We have the same thing going on with the "Arizona style laws" in the area of immigration issues.

I am not interested in introducing a big political disucssion into this particular board. I am simply curious to know if local broadcasters are disappointed that the FCC is not doing what the broadcasters would like, or is there some other group of people besides commercial broadcaster who are upset by the pirate radio phenomenon.

Is this a move that is representing broadcasters (or others) that have even a gripe about Part 15 operations and want the states to over-ride Part 15 permissions?

 

[FreddyE1977]

in my experience there is absolutely nothing that NY State does
NOT want to regulate!

If they can get away with this, can they then also start licensing
stations if it can be proved they do not go beyond the state line?

 

[fybush]

in my experience there is absolutely nothing that NY State does
NOT want to regulate!

If they can get away with this, can they then also start licensing
stations if it can be proved they do not go beyond the state line?

No. This bill clearly acknowledges that the authority for licensing stations (or exempting them from licensing requirements, like Part 15 stations) remains at the federal level.

And to answer GRC's question, the impetus behind this bill came from the NY State Broadcasters Association (NYSBA), which has a pretty strong lobbying operation in Albany - and more specifically from the broadcasters in NYC and vicinity who are getting hammered by interference from (and in some cases losing leased-time ethnic business to) the high-powered pirates down there. I don't think it's accurate to describe this as "the state wanting to regulate everything." This didn't originate in Albany. It's Albany responding to political pressure from constituents for more regulation. That's a subtle, but very important, distinction.

 

[druidhillsradio]

Welcome to Florida. ;D

 

[radiotower40]

From salt to soda, from tobacco to seatbelts, there is nothing that New York and especially
New York City, and Bloomberg don't want to control.

In my eyes this is yet another example of out of control government.

Why did so many people die in WWII? Why did we fight so hard to bring down The
Berlin Wall? The Soviet Union?

It scares me to think how much that the country I love so much is quickly turning into
a "state" edging closer to one of these former communist countries.

Sorry, I am not trying to go on a tirade, I say this because this is why you are hearing people all
over this country saying enough all ready.

One by one they sneak in another "law for our good", I hope what ever side of the aisle you
are from you can see this, and start speaking out against it.

 

[Yeziknoradio]

Just set up an internet station and toss that on the FM, but never say the frequency on air.
When the FCC shuts it all down, just say "I'm just running an internet station...that stuff's not mine!"

The key word is "Knowingly".

 

[rfry]

This proposed NY state legislation can define an unlicensed radio operator as a felon, which is severe. Hopefully the NY state legislators will reduce the penalties in this bill to those that the FCC applies for such proven infractions.

Another important consideration also should be made by the NY state legislators: that of the qualifications of the persons concluding that a given unlicensed operator is in violation of FCC Part 15, which legally permits unlicensed operations under certain conditions.

That capability requires a significant engineering background, the use of specialized test equipment, and a thorough understanding of FCC Part 15 - all of which are unlikely for the average agent of law enforcement.

Unlicensed operators whose citations truly are baseless according to FCC Part 15 will need to prove such in court, which will be an expensive process to them personally, and a drain on the resources of the citizens of the State of New York.

 

[RadioMan203]

The last thing the New York state taxpayers need in today's economy is to pay for something that only benefits the fat cat corporate owners (and maybe to a tiny extent non-commercial broadcasters). Everybody in the state ends up paying to police a problem that exists in one or two corners of the state.

I would love to see how the NY State Broadcaster's Association would feel if the state decided to create separate funds for any enforcement action with a tax placed on the broadcaster. I bet their tune would change in a heartbeat.

 

[Ermi Roos]

The FCC is still in charge of the investigations and the raids; so the state laws are no problem for them. But FCC agents also like the fact that the state penalties are more severe than the Federal penalties. In this case, the state laws give the feds more clout than they would otherwise have.

 

[w9wi]

The last thing the New York state taxpayers need in today's economy is to pay for something that only benefits the fat cat corporate owners (and maybe to a tiny extent non-commercial broadcasters). Everybody in the state ends up paying to police a problem that exists in one or two corners of the state.

I would love to see how the NY State Broadcaster's Association would feel if the state decided to create separate funds for any enforcement action with a tax placed on the broadcaster. I bet their tune would change in a heartbeat.

This legislation does bother me -- by placing radio regulation in the hands of state & local police who aren't trained in the subject, and because I think the wording might leave licensed stations subject to prosecution if neighbors' inadequately-shielded electronic equipment receives their transmissions.

That said...

Seems to me we have a number of pirates today that are of a nature we didn't have 10-20 years ago. We have pirates that don't seem to care if they interfere with licensed stations. A pirate operating with 10 watts on 102.3 in Newark probably isn't going to interfere with anyone's protected contour. Put the same pirate on 96.5 with 500 watts or so, and the licensed station on 96.3 is going to get clobbered. That, and we have reports of pirates running advertising for illegal products* and 'don't snitch' campaigns.

If pirate radio was still composed of 10-watt stations on second adjacents serving local communities, we probably wouldn't be seeing these laws.

* admittedly, I've also heard advertising for illegal products on licensed 50,000-watt clear channel stations... though illegal products of a VERY different nature...

 

[RadioMan203]

This legislation does bother me -- by placing radio regulation in the hands of state & local police who aren't trained in the subject, and because I think the wording might leave licensed stations subject to prosecution if neighbors' inadequately-shielded electronic equipment receives their transmissions.

Bingo! That's another take I hadn't really thought about. Like anything else, once you open the door to state and/or local regulation you've open the floodgates for further legislation by those who may not even understand the concept of broadcasting.

Seems to me we have a number of pirates today that are of a nature we didn't have 10-20 years ago. We have pirates that don't seem to care if they interfere with licensed stations. A pirate operating with 10 watts on 102.3 in Newark probably isn't going to interfere with anyone's protected contour. Put the same pirate on 96.5 with 500 watts or so, and the licensed station on 96.3 is going to get clobbered. That, and we have reports of pirates running advertising for illegal products* and 'don't snitch' campaigns.

If pirate radio was still composed of 10-watt stations on second adjacents serving local communities, we probably wouldn't be seeing these laws.

* admittedly, I've also heard advertising for illegal products on licensed 50,000-watt clear channel stations... though illegal products of a VERY different nature...

I've received pirates operating with much more power than 10 watts. A pirate currently operating in the Bridgeport Connecticut area was said to be causing interference which might have caused the local stations not to clearly receive the station they monitor for EAS. Rumor has it the FCC served them some notice and the end result was the pirate moving across town and still on the air.

With reception out to 15 miles they aren't the casual person out for kicks, especially with evening and all weekend operation. And the FCC has yet to return to squelch this signal.

 

[druidhillsradio]

The FCC is still in charge of the investigations and the raids; so the state laws are no problem for them.

Not in Florida where I live. The Saint Pete PD, Delray Beach PD and others conduct thier own raids.

 

[w9wi]

This legislation does bother me -- by placing radio regulation in the hands of state & local police who aren't trained in the subject, and because I think the wording might leave licensed stations subject to prosecution if neighbors' inadequately-shielded electronic equipment receives their transmissions.

Bingo! That's another take I hadn't really thought about. Like anything else, once you open the door to state and/or local regulation you've open the floodgates for further legislation by those who may not even understand the concept of broadcasting.

Well, I'm not entirely sure that's the point I was trying to make. My concern isn't about lawmakers enacting additional bad laws (though maybe it should be!) but about law-enforcement officers who don't understand the activity they're trying to police.

And, about poor wording in this specific existing legislation. (and again, if they could screw this up I suppose I should be worried about them screwing up future legislation...)

With reception out to 15 miles they aren't the casual person out for kicks, especially with evening and all weekend operation. And the FCC has yet to return to squelch this signal.

And that's why we're seeing this kind of thing.

I wonder if it's time for licensed broadcasters to take the law into their own hands? No, I don't mean sending a posse to cut down the pirates' tower..... but I do wonder if it's time to collect some evidence at pirates that are causing interference, and take them to civil court?

 

[druidhillsradio]

I expect things to get worse now that we have a Wing Nut named Rick Scott in charge.