[BC] Pirates...Aaarghh!

[Ron Castro]

Not really.  This is 'well settled law' and one such example is that 
municipalities can limit tower placement and construction within reasonable 
limits which has a de facto effect of regulating radio transmissions. AFAIK, 
the states can make pretty much any law that doesn't restrict what the FCC 
allows, and since the FCC doesn't allow pirate stations, the laws don't 
conflict.

There is a fairly common requirement in most tower site use-permit 
regulations that require the stations be licensed by the FCC, otherwise no 
permit is issued.  Here in Sonoma county, they also require that the 
installation meet FCC RFR (or "NIER" as they call it) regulations or the 
permit can be revoked.  They have no way of measuring it, but the law is 
there and most likely enforceable.

Ron Castro
Chief Technical Officer
Results Radio, LLC


----- Original Message ----- 
From: "Paul Smith W4KNX" <paul at amtower.com>
To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
Sent: Tuesday, July 05, 2005 7:24 PM
Subject: Re: [BC] Pirates...Aaarghh!


>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.
>>
>>
>>
>>
>> _______________________________________________
>> This is the BROADCAST mailing list
>> To send to the list, email: broadcast at radiolists.net
>> For sub changes, archives and info on this other lists:
>> http://www.radiolists.net/
>>
>>
>>
>> _______________________________________________
>> This is the BROADCAST mailing list
>> To send to the list, email: broadcast at radiolists.net
>> For sub changes, archives and info on this other lists:
> http://www.radiolists.net/
>>
>>
>> _______________________________________________
>> This is the BROADCAST mailing list
>> To send to the list, email: broadcast at radiolists.net
>> For sub changes, archives and info on this other lists:
> http://www.radiolists.net/
>>
>>
>
>
>
> _______________________________________________
> This is the BROADCAST mailing list
> To send to the list, email: broadcast at radiolists.net
> For sub changes, archives and info on this other lists: 
> http://www.radiolists.net/
>
>