[South Florida DX Association] Void FL RFI Statute

[Bill Marx]

>From another list:
-Bill W2CQ

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)