[BC] Pirates...Aaarghh! / License or EXEMPTION Required !!!

[Larry Albert]

License or Exemption is required!!

Proper use of unlicensed device would be allowed under - "other applicable 
federal law or regulation"


877.27 Unauthorized transmissions to, or interference with, a public or 
commercial radio station licensed by the Federal Communications Commission 
prohibited; penalties.--

(1) A person may not:

(a) Make, or cause to be made, a radio transmission in this state unless 
the person obtains a license or an exemption from licensure from the 
Federal Communications Commission under 47 U.S.C. s. 301, or other 
applicable federal law or regulation; or

(b) Do any act, whether direct or indirect, to cause an unlicensed radio 
transmission to, or interference with, a public or commercial radio station 
licensed by the Federal Communications Commission or to enable the radio 
transmission or interference to occur.

(2) A person who violates this section commits a felony of the third 
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.




At 09:55 AM 7/6/05 -0700, you wrote:
>The Florida law specifically states that ANY RF emitter MUST be licensed. This
>law is more draconian then even the federal (FCC) rules and laws, which ALLOW
>for part 15 unlicensed operation. The Florida law contains no such exemption.
>Besides, this is the first step of a VERY slippery slope! How long until
>Florida themselves require a "license" (with a fee of course) for the use of a
>transmitter within its borders?
>
>-D
>
>
>------ Original Message ------
>Received: Wed, 06 Jul 2005 08:37:00 AM PDT
>From: "Phil Alexander" <dynotherm at earthlink.net>
>To: Broadcast Radio Mailing List <broadcast at radiolists.net>
>Subject: Re: [BC] Pirates...Aaarghh!
>
>On 6 Jul 2005 at 5:41, DANA PUOPOLO wrote:
>
> > Hmmm...
> >
> > This law makes class D CB Radio, FRS radios, cordless telephones, wireless
> > microphones and even WIFI a crime within the state of Florida! Indeed, ANY
> > part 15 operation can get you charged with a felony. A local oscillator in
>a
> > receiver cound even get you busted, in theory.
> >
> > A perfect example of uninformed MORONS sticking their nose where it has no
> > right to be!
>
>Dana,
>
>Perhaps it's not as black as you appear to imagine. Consider that Part 15
>and other unlicensed services can be construed to have a blanket exemption
>from licensure. Since LO's spread spectrum, WIFI and part 15 devices all
>fall into this category, misguided enforcement attempts seem unlikely.
>
>It does cast a very wide net for illegal operations such as unlicensed
>CB's, and perhaps some model R/C gear where the requirement for license
>is ignored more often than not.
>
>IMHO the real mistake is throwing all violators into the same pot.
>An unlicensed model R/C transmitter operated by a middle school kid
>would seem a little less harmful to society than someone jamming
>public safety transmission during commission of a bank robbery, or
>a broadcast pirate. Looks to me like they should have differentiated
>more than one class of offense under this law.
>
>
>Phil Alexander, CSRE, AMD
>Broadcast Engineering Services and Technology
>(a Div. of Advanced Parts Corporation)
>Ph. (317) 335-2065   FAX (317) 335-9037
>
>
>
>
>
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>
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