[FLham] Void FL RFI Statute

[Pete Kemp]

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."

(ARRL)