[W2CRA] NJ "Radio License" Law

[Bill Powell]

Sorry it's so dry but this IS what it is with no panic or aggrivation:

See: "2C:33-23.1 License required for certain radio transmissions."
----------------------------------------------------
NJ "Radio" Law
----------------------------------------------------
2C:33-19. Possession of remotely activated paging devices on school property, disorderly persons offense; exemptions
2. No person enrolled as a student of an elementary or secondary school, knowingly and without the express written permission of the school board, its delegated authority, or any school principal, shall bring or possess any remotely activated paging device on any property used for school purposes, at any time and regardless of whether school is in session or other persons are present. A violation of this section shall be a disorderly persons offense. No permission to bring or possess any remotely activated paging device on school property shall be granted unless and until a student shall have established to the satisfaction of the school authorities a reasonable basis for the possession of the device on school property.
This section shall not apply to any student who is an active member in good standing of a volunteer fire company or first aid, ambulance or rescue squad provided that (1) the student is required to respond to an emergency and (2) a copy of the statement by the chief executive officer of the volunteer fire company or first aid, ambulance or rescue squad authorizing the possession of the paging device is in the possession of the student at all times while that student is in possession of the remotely activated paging device.
L.1989,c.232,s.2; amended 1996, c.94, s.1.
----------------------------------------------------
2C:33-20. Use of remotely activated paging device during commission of certain crimes is a crime of fourth degree
A person is guilty of a crime of the fourth degree if he uses a remotely activated paging device while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit any crime or offense enumerated in chapter 35 or 36 of Title 2C of the New Jersey Statutes.
L.1989, c.232, s.3.
----------------------------------------------------
2C:33-21 Interception or use of official communications.
1.Any person who intercepts any message or transmission made on or over any police, fire or emergency medical communications system, or any person who is the recipient of information so intercepted, and who uses the information obtained thereby to facilitate the commission of or the attempt to commit a crime or a violation of any law of this State, or uses the same in a manner which interferes with the discharge of police or firefighting operations or provision of medical services by first aid, rescue or ambulance squad personnel, shall be guilty of a crime of the fourth degree.
L.1991,c.432,s.1; amended 1999, c.317.
----------------------------------------------------
2C:33-22. Possession of emergency communications receiver
2. Any person who, while in the course of committing or attempting to commit a crime, including the immediate flight therefrom, possesses or controls a radio capable of receiving any message or transmission made on or over any police, fire or emergency medical communications system, shall be guilty of a crime of the fourth degree.
L.1991,c.432,s.2.
----------------------------------------------------
2C:33-23. Radar device not included
 3. For purposes of P.L.1991, c.432 (C.2C:33-21 et seq.), the term "police, fire or emergency medical communications system" shall not include radar devices used to monitor vehicular speed.
 L.1991,c.432,s.3.
----------------------------------------------------
2C:33-23.1 License required for certain radio transmissions.
1.A person shall not:
a.Make, or cause to be made, a radio transmission of energy 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
b.Do any act to cause an unlicensed radio transmission of energy or interference with a public or commercial radio station licensed by the Federal Communications Commission or to enable the radio transmission of energy or interference to occur.
c.As used in this section, "radio transmission of energy" has the same meaning given that term under 47 U.S.C. s.153.
L.2005,c.293,s.1.
----------------------------------------------------
2C:33-23.2 Violations, fourth degree crime.
2.A person who violates the provisions of this act is guilty of a crime of the fourth degree.
L.2005,c.293,s.2.
----------------------------------------------------
US Code Referenced
----------------------------------------------------
-CITE-
47 USC Sec. 153 01/19/04
-EXPCITE-
TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 153. Definitions
-STATUTE-
For the purposes of this chapter, unless the context otherwise requires -
(1) Affiliate
The term "affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term "own" means to own an equity interest (or the equivalent thereof) of more than 10 percent.
(2) Amateur station
The term "amateur station" means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.
<SNIP>
(10) Common carrier
The term "common carrier" or "carrier" means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.
<SNIP>
(35) Radio station
The term "radio station" or "station" means a station equipped to engage in radio communication or radio transmission of energy.
(36) Radiotelegraph auto alarm
<SNIP>
(50) Transmission of energy by radio The term "transmission of energy by radio" or "radio transmission of energy" includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.
----------------------------------------------------
-CITE-
47 USC Sec. 301 01/19/04
-EXPCITE-
TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
SUBCHAPTER III - SPECIAL PROVISIONS RELATING TO RADIO
Part I - General Provisions
-HEAD-
Sec. 301. License for radio communication or transmission of energy
-STATUTE-
It is the purpose of this chapter, among other things, to maintain the control of the United States over all the channels of radio transmission; and to provide for the use of such channels, but not the ownership thereof, by persons for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license. No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio 
(a) from one place in any State, Territory, or possession of the United States or in the District of Columbia to another place in the same State, Territory, possession, or District; or 
(b) from any State, Territory, or possession of the United States, or from the District of Columbia to any other State, Territory, or possession of the United States; or 
(c) from any place in any State, Territory, or possession of the United States, or in the District of Columbia, to any place in any foreign country or to any vessel; or 
(d) within any State when the effects of such use extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy, communications, or signals from within said State to any place beyond its borders, or from any place beyond its borders to any place within said State, or with the transmission or reception of such energy, communications, or signals from and/or to places beyond the borders of said State; or 
(e) upon any vessel or aircraft of the United States (except as provided in section 303
(t) of this title); or 
(f) upon any other mobile stations within the jurisdiction of the United States, except under and in accordance with this chapter and with a license in that behalf granted under the provisions of this chapter.  
-SOURCE- 
(June 19, 1934, ch. 652, title III, Sec. 301, 48 Stat. 1081; Pub. L. 97-259, title I, Secs. 107, 111(b), Sept. 13, 1982, 96 Stat. 1091, 1093.)  
-REFTEXT- 
REFERENCES IN TEXT 
This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.  
-MISC1- 
AMENDMENTS 1982 - Pub. L. 97-259 struck out "interstate and foreign" after "channels of" in first sentence, substituted "State, Territory," for "Territory" after "from one place in any" and inserted "State," after "to another place in the same" in cl. (a), and inserted "(except as provided in section 303(t) of this title)" in cl. (e).  
-SECREF- 
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 152, 221, 302a, 303, 305, 306, 309, 510 of this title.