[BC] Pirates...Aaarghh!

[Bruce Doerle]

Paul, 

I don't agree.  The Florida law does not usurp the federal but parallels the law.  There is nothing to prevent the FCC from enforcing the Communications Act.  Nor does the law  contridict the fedaral laws or regulations.  If it did, you might have a point.  But there are many cases where the state and feds have laws that coexist nicely and allows for federal or state procescution or both.

Bruce

>>> paul at amtower.com 07/05/05 10:24 PM >>>
I am certainly no advocate for pirate ops, but this Florida law is obviously
unconstitutional due to Federal preemption.  It would be like the local
county mountie enforcing air traffic rules.
IMHO, the stations down there got a politician in their pocket and passed
the law.  If the FCC wants to pay a call on someone, they can bring a
federal marshall with them. Kinda similar to one broadcast group getting
higher standards applied to LPFM's than to translators.  Please, someone
tell me the difference from a technical standard?  Some law group will take
on this and get it reversed. A certain Ohio politician was behind that
one....

Paul Smith
Sarasota, FL
----- Original Message ----- 
From: "Bruce Doerle" <bdoerle at mail.ucf.edu>
To: <broadcast at radiolists.net>
Sent: Tuesday, July 05, 2005 8:13 PM
Subject: RE: [BC] Pirates...Aaarghh!


> Probably some ACLU lawyer is looking at it right now.
>
> But I think it has been a cooperative effort in conjunction with the FCC
which does not have the diligent efforts of Justice Department to support
them.  Whereas the State of Florida seeks a remedy to protect their
businesses including broadcasters.  This can go a long way in south Florida
which is overflowing with pirate stations in dangerous neighborhoods.  The
FCC is not going to risk their Radio Inspectors without the proper
protection.  FDLE can provide that and the local enforcement (lockup and
confiscation).
>
> Not bad, I hope they continue with the program with due diligence.
>
> >>> david at davidgleason.com 07/05/05 7:53 PM >>>
> Florida has a pirate law. It is, I believe, based on endangerment of
public
> safety and interference with government and emergency communications.
Since
> I doubt any pirate will challenge the law, it stands.
>
> -----Original Message-----
> From: broadcast-bounces at radiolists.net
> [mailto:broadcast-bounces at radiolists.net] On Behalf Of mario at xmission.com
> Sent: Tuesday, July 05, 2005 4:44 PM
> To: broadcast at radiolists.net
> Subject: [BC] Pirates...Aaarghh!
>
> Although I have no sympathy for radio pirates, isn't this outside the
> jurisdiction of Florida, and a federal matter?
>
> Mario
>
>
> At 05:33 PM 7/2/2005, you wrote:
> >------------------------------
> >
> >Message: 9
> >Date: Sat, 2 Jul 2005 04:06:29 -0400
> >From: "R J Carpenter" <rcarpen at erols.com>
> >Subject: [BC] Ft Lauderdale Pirates Silenced by STATE
> >To: <broadcast at radiolists.net>
> >Message-ID: <000901c57edc$f3c36160$2d01a8c0 at RJCLAPTOP>
> >Content-Type: text/plain;       charset="iso-8859-1"
> >
> > >From South Florida Sun-Sentinel:
> >
> >  Agents silence 2 pirate radio stations in South Florida
> >
> >
> >Two men arrested after students' broadcasts affected
> >
> >By Brian Haas
> >Staff Writer
> >Posted July 2 2005
> >
> >
> >       FORT LAUDERDALE . State agents silenced two pirate radio
> >stations this week and arrested two operators whose profanity-laced
> >broadcasts have been interfering with a local student-run station
> >since May.
> >
> >       Agents with the Florida Department of Law Enforcement arrested
> >Marquis McDonald, 23, and Rasheem Oriley, 26, on charges of
> >unauthorized transmission of a radio station.
>
>
>
>
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