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Voiding FLA Pirate Radio Law S. 877.27

O

Oldies

Work is progressing intently behind the scenes to get the FCC to invoke federal preemption and void this Florida radio law, which is overly broad and lacks jurisdiction to begin with.

A Lake Worth, FL used car lot owner was arrested and charged with a 3rd degree felony (possible five-years in prison) for "enabling" a pirate operator radio transmission. He was not broadcasting but had leased space on an abandoned taxi-cab tower on his property to someone who put on a pirate station, without his knowledge. The FCC did not find the pirate operator, just the tower owner, who was arrested by the Lake Worth Police Dept., at the request of the Florida FCC officials who had investigated the case.

The Florida law says in Statute 877.27, section (1)(b) "or to enable the radio transmission or interference to occur." Taken literally then, the coax company, the transmitter company and indeed even Florida Power & Light (FPL) are all felons, since they "enabled" the radio transmission occur.

In addition, some 39,000+ Florida hams are at risk of arrest if they cause interference to a neighbors radio or TV reception. That's why the American Radio Relay League ("ARRL") filed a Request for Declaratory Ruling at the FCC in Feb. 2005, asking that the Florida law be preempted by the FCC and made null and void. You can read the ARRL filing at this ARRL website - -
http://www.arrl.org/news/stories/2005/03/01/4/?nc=1

This from an ARRL letter regarding Florida Statute 877.27 - -
"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." ---ARRL HQ

You can help Florida ham operators avoid arrest by sending an email to the Wireless Telecommunications Bureau at the FCC and telling them that the ARRL Request for Declaratory Ruling, to make this Florida law null and void, should be granted immediately. Send your email to: (WTB) Public Safety & Critical Infrastructure Division (PSCID)
Michael Wilhelm/ Division Chief
His email address is:
[email protected]


Happy Holidays,

Mr. Oldie
 
Based on my understanding of this law, which may or may not be accurate, it sounds to me like *any* RF transmission without a license is a felony. I guess that means no garage door openers, no remote controlled toys, no RF modulator for your XM/Sirius/Ipod etc. No wireless speakers. No cordless phones. No CB radio, no FRS radios, no toy walkie-talkies for the kids. No wireless microphones. The list could go on and on. I would think that most people have several of the above listed items in their home/auto and they use them daily. This is insane.


> Work is progressing intently behind the scenes to get the
> FCC to invoke federal preemption and void this Florida radio
> law, which is overly broad and lacks jurisdiction to begin
> with.
>
> A Lake Worth, FL used car lot owner was arrested and charged
> with a 3rd degree felony (possible five-years in prison) for
> "enabling" a pirate operator radio transmission. He was not
> broadcasting but had leased space on an abandoned taxi-cab
> tower on his property to someone who put on a pirate
> station, without his knowledge. The FCC did not find the
> pirate operator, just the tower owner, who was arrested by
> the Lake Worth Police Dept., at the request of the Florida
> FCC officials who had investigated the case.
>
> The Florida law says in Statute 877.27, section (1)(b) "or
> to enable the radio transmission or interference to occur."
> Taken literally then, the coax company, the transmitter
> company and indeed even Florida Power & Light (FPL) are all
> felons, since they "enabled" the radio transmission occur.
>
> In addition, some 39,000+ Florida hams are at risk of arrest
> if they cause interference to a neighbors radio or TV
> reception. That's why the American Radio Relay League
> ("ARRL") filed a Request for Declaratory Ruling at the FCC
> in Feb. 2005, asking that the Florida law be preempted by
> the FCC and made null and void. You can read the ARRL filing
> at this ARRL website - -
> http://www.arrl.org/news/stories/2005/03/01/4/?nc=1
>
> This from an ARRL letter regarding Florida Statute 877.27 -
> -
> "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." ---ARRL HQ
>
> You can help Florida ham operators avoid arrest by sending
> an email to the Wireless Telecommunications Bureau at the
> FCC and telling them that the ARRL Request for Declaratory
> Ruling, to make this Florida law null and void, should be
> granted immediately. Send your email to: (WTB) Public Safety
> & Critical Infrastructure Division (PSCID)
> Michael Wilhelm/ Division Chief
> His email address is:
> [email protected]
>
>
> Happy Holidays,
>
> Mr. Oldie
>
<P ID="signature">______________
Consolidated Corporate Radio S U C K S !!!!!!</P>
 
> Based on my understanding of this law, which may or may not
> be accurate, it sounds to me like *any* RF transmission
> without a license is a felony. I guess that means no garage
> door openers, no remote controlled toys, no RF modulator for
> your XM/Sirius/Ipod etc. No wireless speakers. No cordless
> phones. No CB radio, no FRS radios, no toy walkie-talkies
> for the kids. No wireless microphones. The list could go
> on and on. I would think that most people have several of
> the above listed items in their home/auto and they use them
> daily. This is insane.

Idiot politicians do this occasionally, apparently believing that "cracking down hard" on pirate radio is best achieved by outlawing a broad swathe of semi-related or unrelated activities, rather than putting resources into actually enforcing perfectly adequate existing laws.

Here in the UK there is a similar problem, where our anti-pirate radio laws (passed during a media frenzy over basically fictional allegations of pirates selling drugs to children) actually infringe on free speech - the laws against "promotion" of pirate radio are so vague that they effectively outlaw open discussion of pirate radio, or at least disagreeing with the official view on it. The regulator has regularly used the threat of prosecution under the law to get websites hosting information or positive views on pirate radio removed. Normally a lawyer's letter is enough for ISPs to act, whether the case would stand up in court or not.

If it is true that in the Florida law there are no exemptions at all, how about the RF radiation generated by all radio receivers while listening?
 
The car dealer didnt know they didnt have an fcc license--duh

I dont like this law at all. However this car dealership case it is a tad strange.

... a businessman and someone wanted to use his tower," defense attorney Scott Richardson said. "He leased it to him and he wasn't aware they didn't have an FCC license.

A bunch of Hatian guys running a station out of an abandoned car dealership with a big tower and the owner of the property was not aware they were unlicesned? a big duh on this one. Here is the link to the article.
http://www.sun-sentinel.com/news/lo...io24nov24,0,5898583.story?coll=sfla-news-palm
 
***Unfortunately, if I am reading the story out of FLA correctly, it appears as though the FCC is doing NOTHING to prevent the FLA regulations from being enforced. Clearly these FLA regulations are illegal and unConstitutional yet they seem to be condoning the FLA regulation that charges people that merely "aid" others to broadcast illegally. Clearly the pirate should be charged but not the owner of the property because he did not take part in this alleged activity. Just another reason to avoid living in FLA and NJ.

This is becoming all too common today. Laws are being passed at various levels that directly violate other laws yet they are left to stand on the books and typically are enforced. Bush and his illegal NSA wire taps is but one more example!

We have to ask ourselves "How long before they start cracking down on part 15 radio stations?"


> > Based on my understanding of this law, which may or may
> not
> > be accurate, it sounds to me like *any* RF transmission
> > without a license is a felony. I guess that means no
> garage
> > door openers, no remote controlled toys, no RF modulator
> for
> > your XM/Sirius/Ipod etc. No wireless speakers. No
> cordless
> > phones. No CB radio, no FRS radios, no toy walkie-talkies
>
> > for the kids. No wireless microphones. The list could go
>
> > on and on. I would think that most people have several of
>
> > the above listed items in their home/auto and they use
> them
> > daily. This is insane.
>
> Idiot politicians do this occasionally, apparently believing
> that "cracking down hard" on pirate radio is best achieved
> by outlawing a broad swathe of semi-related or unrelated
> activities, rather than putting resources into actually
> enforcing perfectly adequate existing laws.
>
> Here in the UK there is a similar problem, where our
> anti-pirate radio laws (passed during a media frenzy over
> basically fictional allegations of pirates selling drugs to
> children) actually infringe on free speech - the laws
> against "promotion" of pirate radio are so vague that they
> effectively outlaw open discussion of pirate radio, or at
> least disagreeing with the official view on it. The
> regulator has regularly used the threat of prosecution under
> the law to get websites hosting information or positive
> views on pirate radio removed. Normally a lawyer's letter is
> enough for ISPs to act, whether the case would stand up in
> court or not.
>
> If it is true that in the Florida law there are no
> exemptions at all, how about the RF radiation generated by
> all radio receivers while listening?
>
 
I would not be so sure this is an out to get you law. Yes there is concern that people can be hassled because of it. However one always needs to see why someone would be motivated to enact such a law. Florida is losing the battle against pirate radio. The pirates here are bold and dont care about any laws. They are cranking out 10k watt units from the clubs on sat night. You have alot of ethnic groups that come from islands where it is cool to pirate etc. They will wreck chaos on the dial. It is perhaps that fcc was not doing enough to enforce will charges against these people that Florida as a state. Yeah I am broadcasting here with my part 15. I also broadcast onto a 50 thousand watt station on the weekend and I tell everyone that this program is also on my part 15 station etc. As I said in another post. I am careful that my signal is not blocking any one else and I am using a certified.
 
> I would not be so sure this is an out to get you law. Yes
> there is concern that people can be hassled because of it.
> However one always needs to see why someone would be
> motivated to enact such a law. Florida is losing the battle
> against pirate radio. The pirates here are bold and dont
> care about any laws. They are cranking out 10k watt units
> from the clubs on sat night. You have alot of ethnic groups
> that come from islands where it is cool to pirate etc. They
> will wreck chaos on the dial. It is perhaps that fcc was not
> doing enough to enforce will charges against these people
> that Florida as a state. Yeah I am broadcasting here with my
> part 15. I also broadcast onto a 50 thousand watt station on
> the weekend and I tell everyone that this program is also on
> my part 15 station etc. As I said in another post. I am
> careful that my signal is not blocking any one else and I am
> using a certified.
>

I don't believe it is 'cool' to pirate in any country, why do you think the Islands are any easier to pirate? Do you know the laws there? Have you checked how many people from the Islands have been arrested in Florida from pirating? Please do some serious fact finding before posting it here!

Second I'm frankly tired of the term 'certified' being used here rather loosely, as if that will help you if the FCC is determined to get you off the air, it doesn't matter if you have a certified transmitter or not! You think the FCC does not pull licenses off the hands of broadcasters doing something the FCC does not like? I think the vail of having a certified transmitter has alot thinking on this board that they can breathe a sigh of relief, you're wrong! Try running a part15 certified transmitter in Miami or Fort Lauderdale and see if they STILL don't shut you down!

Radiopilot
 
***It's quite simple. Local or State law may not usurp or supercede Federal law. Since 1934 the FCC has had sole dominion over the airwaves and that means local and state authorities don't have a legal right to enforce illegal laws passed by state their state legislature.

If this is allowed to stand then each state or even cities and towns within certain states will be able to pass their own broadcast laws. A precedent is being set in FLA that will impact all unlicensed broadcasters for years to come in that state and quite possibly others as well.

Bottom line? Florida's laws against unlicensed broadcasting are illegal.


> > I would not be so sure this is an out to get you law. Yes
> > there is concern that people can be hassled because of it.
>
> > However one always needs to see why someone would be
> > motivated to enact such a law. Florida is losing the
> battle
> > against pirate radio. The pirates here are bold and dont
> > care about any laws. They are cranking out 10k watt units
> > from the clubs on sat night. You have alot of ethnic
> groups
> > that come from islands where it is cool to pirate etc.
> They
> > will wreck chaos on the dial. It is perhaps that fcc was
> not
> > doing enough to enforce will charges against these people
> > that Florida as a state. Yeah I am broadcasting here with
> my
> > part 15. I also broadcast onto a 50 thousand watt station
> on
> > the weekend and I tell everyone that this program is also
> on
> > my part 15 station etc. As I said in another post. I am
> > careful that my signal is not blocking any one else and I
> am
> > using a certified.
> >
>
> I don't believe it is 'cool' to pirate in any country, why
> do you think the Islands are any easier to pirate? Do you
> know the laws there? Have you checked how many people from
> the Islands have been arrested in Florida from pirating?
> Please do some serious fact finding before posting it here!
>
>
> Second I'm frankly tired of the term 'certified' being used
> here rather loosely, as if that will help you if the FCC is
> determined to get you off the air, it doesn't matter if you
> have a certified transmitter or not! You think the FCC does
> not pull licenses off the hands of broadcasters doing
> something the FCC does not like? I think the vail of having
> a certified transmitter has alot thinking on this board that
> they can breathe a sigh of relief, you're wrong! Try running
> a part15 certified transmitter in Miami or Fort Lauderdale
> and see if they STILL don't shut you down!
>
> Radiopilot
>
 
WCWalker,

I understand what has transpired in Florida with this new law, but the fact remains that it's been passed under the noses of the FCC without regard to the Federal regulations already in place by the FCC and has federal jusridiction!
This is no different that the State laws of Massachucetts when it passes legislation that Gay unions are acceptable while Federal law prohibits it! It basically makes the law in Florida absolute unless the law is reversed!

What we have here more 'Big Brother' watching you laws being enacted along with the Patriot Act and other 'spying' on you laws, being passed by this administration and Florida just happened to use this to their advantage to legislate nonsense!

The precedent is there already and NJ has already followed suit and other states are probably monitoring Florida and NJ to enact their laws. It won't be long before such laws are passed across the country, but I don't believe that the 'pirate' issue really had any issue and I believe the NAB and local business chambers and groups had more to do with this law being passed. Similar chambers of business have been instrumental to rid part15 and licensed broadcasters off the air as seen in Texas and elsewhere. So this is why the 'certified' transmitter issue has nothing to do with whether you'll have protection benefits.

If the locality does not want you on the air for whatever reasons then you'll be off the air 'certified transmitter or not'!

Radiopilot




> ***It's quite simple. Local or State law may not usurp or
> supercede Federal law. Since 1934 the FCC has had sole
> dominion over the airwaves and that means local and state
> authorities don't have a legal right to enforce illegal laws
> passed by state their state legislature.
>
> If this is allowed to stand then each state or even cities
> and towns within certain states will be able to pass their
> own broadcast laws. A precedent is being set in FLA that
> will impact all unlicensed broadcasters for years to come in
> that state and quite possibly others as well.
>
> Bottom line? Florida's laws against unlicensed broadcasting
> are illegal.
>
>
> > > I would not be so sure this is an out to get you law.
> Yes
> > > there is concern that people can be hassled because of
> it.
> >
> > > However one always needs to see why someone would be
> > > motivated to enact such a law. Florida is losing the
> > battle
> > > against pirate radio. The pirates here are bold and dont
>
> > > care about any laws. They are cranking out 10k watt
> units
> > > from the clubs on sat night. You have alot of ethnic
> > groups
> > > that come from islands where it is cool to pirate etc.
> > They
> > > will wreck chaos on the dial. It is perhaps that fcc was
>
> > not
> > > doing enough to enforce will charges against these
> people
> > > that Florida as a state. Yeah I am broadcasting here
> with
> > my
> > > part 15. I also broadcast onto a 50 thousand watt
> station
> > on
> > > the weekend and I tell everyone that this program is
> also
> > on
> > > my part 15 station etc. As I said in another post. I am
> > > careful that my signal is not blocking any one else and
> I
> > am
> > > using a certified.
> > >
> >
> > I don't believe it is 'cool' to pirate in any country, why
>
> > do you think the Islands are any easier to pirate? Do you
> > know the laws there? Have you checked how many people from
>
> > the Islands have been arrested in Florida from pirating?
> > Please do some serious fact finding before posting it
> here!
> >
> >
> > Second I'm frankly tired of the term 'certified' being
> used
> > here rather loosely, as if that will help you if the FCC
> is
> > determined to get you off the air, it doesn't matter if
> you
> > have a certified transmitter or not! You think the FCC
> does
> > not pull licenses off the hands of broadcasters doing
> > something the FCC does not like? I think the vail of
> having
> > a certified transmitter has alot thinking on this board
> that
> > they can breathe a sigh of relief, you're wrong! Try
> running
> > a part15 certified transmitter in Miami or Fort Lauderdale
>
> > and see if they STILL don't shut you down!
> >
> > Radiopilot
> >
>
 
***Conversely, such laws may also be used to the advantage of unlicensed broadcasters.

I don't believe every state is going to pass legislation such as this and it is likely we will only see it happen in states that perceive they have such a problem. FLA is notorious for pirate activity and the State claimed the FCC was not doing anything about it.

If the laws in FLA and NJ are allowed to stand it will now be, from a legal standpoint, possible for states or cities to pass their own laws permitting unlicensed broadcasting. This means a station like Radio Free Brattleboro, with the backing of the local government, could return to the air and legally broadcast in apparent defiance of FCC rules.

This issue has nothing to with whether or not a transmitter is Type Accepted or Non Type Accepted. Precisely why I chose not to comment on the issue.


> WCWalker,
>
> I understand what has transpired in Florida with this new
> law, but the fact remains that it's been passed under the
> noses of the FCC without regard to the Federal regulations
> already in place by the FCC and has federal jusridiction!
> This is no different that the State laws of Massachucetts
> when it passes legislation that Gay unions are acceptable
> while Federal law prohibits it! It basically makes the law
> in Florida absolute unless the law is reversed!
>
> What we have here more 'Big Brother' watching you laws being
> enacted along with the Patriot Act and other 'spying' on you
> laws, being passed by this administration and Florida just
> happened to use this to their advantage to legislate
> nonsense!
>
> The precedent is there already and NJ has already followed
> suit and other states are probably monitoring Florida and NJ
> to enact their laws. It won't be long before such laws are
> passed across the country, but I don't believe that the
> 'pirate' issue really had any issue and I believe the NAB
> and local business chambers and groups had more to do with
> this law being passed. Similar chambers of business have
> been instrumental to rid part15 and licensed broadcasters
> off the air as seen in Texas and elsewhere. So this is why
> the 'certified' transmitter issue has nothing to do with
> whether you'll have protection benefits.
>
> If the locality does not want you on the air for whatever
> reasons then you'll be off the air 'certified transmitter or
> not'!
>
> Radiopilot
>
>
>
>
> > ***It's quite simple. Local or State law may not usurp or
> > supercede Federal law. Since 1934 the FCC has had sole
> > dominion over the airwaves and that means local and state
> > authorities don't have a legal right to enforce illegal
> laws
> > passed by state their state legislature.
> >
> > If this is allowed to stand then each state or even cities
>
> > and towns within certain states will be able to pass their
>
> > own broadcast laws. A precedent is being set in FLA that
>
> > will impact all unlicensed broadcasters for years to come
> in
> > that state and quite possibly others as well.
> >
> > Bottom line? Florida's laws against unlicensed
> broadcasting
> > are illegal.
> >
> >
> > > > I would not be so sure this is an out to get you law.
> > Yes
> > > > there is concern that people can be hassled because of
>
> > it.
> > >
> > > > However one always needs to see why someone would be
> > > > motivated to enact such a law. Florida is losing the
> > > battle
> > > > against pirate radio. The pirates here are bold and
> dont
> >
> > > > care about any laws. They are cranking out 10k watt
> > units
> > > > from the clubs on sat night. You have alot of ethnic
> > > groups
> > > > that come from islands where it is cool to pirate etc.
>
> > > They
> > > > will wreck chaos on the dial. It is perhaps that fcc
> was
> >
> > > not
> > > > doing enough to enforce will charges against these
> > people
> > > > that Florida as a state. Yeah I am broadcasting here
> > with
> > > my
> > > > part 15. I also broadcast onto a 50 thousand watt
> > station
> > > on
> > > > the weekend and I tell everyone that this program is
> > also
> > > on
> > > > my part 15 station etc. As I said in another post. I
> am
> > > > careful that my signal is not blocking any one else
> and
> > I
> > > am
> > > > using a certified.
> > > >
> > >
> > > I don't believe it is 'cool' to pirate in any country,
> why
> >
> > > do you think the Islands are any easier to pirate? Do
> you
> > > know the laws there? Have you checked how many people
> from
> >
> > > the Islands have been arrested in Florida from pirating?
>
> > > Please do some serious fact finding before posting it
> > here!
> > >
> > >
> > > Second I'm frankly tired of the term 'certified' being
> > used
> > > here rather loosely, as if that will help you if the FCC
>
> > is
> > > determined to get you off the air, it doesn't matter if
> > you
> > > have a certified transmitter or not! You think the FCC
> > does
> > > not pull licenses off the hands of broadcasters doing
> > > something the FCC does not like? I think the vail of
> > having
> > > a certified transmitter has alot thinking on this board
> > that
> > > they can breathe a sigh of relief, you're wrong! Try
> > running
> > > a part15 certified transmitter in Miami or Fort
> Lauderdale
> >
> > > and see if they STILL don't shut you down!
> > >
> > > Radiopilot
> > >
> >
>
 
Re: The car dealer didnt know they didnt have an fcc license--duh

> I dont like this law at all. However this car dealership
> case it is a tad strange.
>
> ... a businessman and someone wanted to use his tower,"
> defense attorney Scott Richardson said. "He leased it to him
> and he wasn't aware they didn't have an FCC license.
>
> A bunch of Hatian guys running a station out of an abandoned
> car dealership with a big tower and the owner of the
> property was not aware they were unlicesned? a big duh on
> this one. Here is the link to the article.
http://www.sun-sentinel.com/news/local/pal> mbeach/sfl-pradio24nov24,0,5898583.story?coll=sfla-news-palm
>


"...it is a crime to steal a licensed station's air space."

Let's look at this a little closer, all air space on the dial AM and FM are licensed in one way or another, the fact that the freq. is clear does not constitute that a station has a doesn't have a license for it, could be a 'dark' station or silent station but the fact remains.. that freq. is licensed, therefore you cannot broadcast any signal in Florida, part15 or otherwise unless you have a license!

This law is unlike any I've ever seen anywhere... It definately needs to be revoked or rewritten in some way, to allow part15 legal devices to be used without risk of arrest or fines....

Radiopilot
 
> ***Conversely, such laws may also be used to the advantage
> of unlicensed broadcasters.
>
> I don't believe every state is going to pass legislation
> such as this and it is likely we will only see it happen in
> states that perceive they have such a problem. FLA is
> notorious for pirate activity and the State claimed the FCC
> was not doing anything about it.
>
> If the laws in FLA and NJ are allowed to stand it will now
> be, from a legal standpoint, possible for states or cities
> to pass their own laws permitting unlicensed broadcasting.
> This means a station like Radio Free Brattleboro, with the
> backing of the local government, could return to the air and
> legally broadcast in apparent defiance of FCC rules.
>
> This issue has nothing to with whether or not a transmitter
> is Type Accepted or Non Type Accepted. Precisely why I
> chose not to comment on the issue.
>
>


WCWalker,

Agreed! The issue of the certified or uncertified transmitter is not what's at stake here, just wanted the originator of this post to understand that!

The dilema with what you say is that if states such as Florida passed laws like this to deter unlicensed broadcasters in defiance of laws already in place by the FCC and Congress, what would make you believe that other states would constitute laws which will place unlicensed broadcasters such as Radio Free Brattleboro to broadcast in defiance of FCC laws? This will not happen!

I am closely monitoring this law as it's a neighboring state with Georgia and most likely Georgia will follow suit since the radio emmisions may cross state lines and Georgia and Florida have a history of cooperating with their laws!

Radiopilot
 
> I would not be so sure this is an out to get you law. Yes
> there is concern that people can be hassled because of it.

It is a common trick for politicians passing such badly written laws as this to say "yes, it makes a few legitimate things illegal, but we're *obviously* only going to use it against pirate radio operators, not normal people who own a cordless phone."

But politicians do not have the power to decide who gets prosecuted under a law they pass. That is for the law enforcement bodies. Once the badly written law is on the books, how it is used is no longer within the power of politicians.

Even if the prosecuting authorities see sense, and normally only prosecute the people the politicians want prosecuted (i.e. pirate radio operators), there are still problems. It makes it possible for rogue elements within law enforcement to drag almost anyone they like through court (because they technically are breaking the law by using a cordless phone). Perhaps people or companies could do the same through private prosecutions.

> However one always needs to see why someone would be
> motivated to enact such a law. Florida is losing the battle
> against pirate radio. The pirates here are bold and dont
> care about any laws. They are cranking out 10k watt units
> from the clubs on sat night. You have alot of ethnic groups
> that come from islands where it is cool to pirate etc.

I can see why they'd be motivated to do it, but they are wrong. By making everything even vaguely related to piracy a serious offence, it may make them look tough, but actually it just makes huge numbers of innocent people felons, while the pirates - who as you say ignore the law anyway - carry on as normal.

It is clearly the FCC's responsibility. As someone else said, if local governments can pass laws against piracy, it opens a Pandora's box of conflicting national and state regulations. If regulation of the airwaves splinters between different bodies, chaos is just around the corner.

The current situation in the French-speaking section of Belgium is a good example, where in the absence of a effective regulator, large commercial and public broadcasters in Brussels (not small businesses: locally equivalent to Clear Channel and PBS) have ended up unilaterally occupying every "empty" channel on a first-come first-served basis, and in one case engaging in retaliatory jamming. In just a couple of years, the situation has degenerated from a relatively well-regulated, orderly system, to a situation where major commercial media groups and even public broadcasters operate dozens of 'pirate' transmitters with apparent impunity. Interestingly, in this situation, nearly all of these large-scale broadcasters continue to hypocritically complain about the trouble caused by "pirates", by which they mean any unlicenced station which doesn't have big commercial or government backing.
 
State law voiding federal law is not new

State laws being passed to be stricter then federal laws is nothing new. In the world of investigations, some states enacted laws to prevent you from recording a telephone conversation if both parties are not aware that a recording device in use. However federal law allows it if one party know that call is being recorded. Many times when I doing a case that crossed state lines I had to check on that state's local law, and ignore the federal ok to do it.
 
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