[BC] Pirates...Aaarghh!

[Paul Christensen]

> licensed "public or commercial radio station".  That exempts 802.11x, CB, 
> RFID, garage door openers, etc., assuming they are operating legally.

Ron,

And that's part of the paradigmatic problem with the current drafting.  You 
read it one way.  Dana reads it another and -- you could both be right.

Because of the conjunction "or,"  Sec. (1)(b) could be interpreted to mean 
that any transmission is affected irrespective of the preceding (1)(a) 
pertaining licensure or exemption.   Or, it could be interpreted to mean 
that Sec. (1)(a) overrides Sec. 1(b) with respect to unlicensed operation. 
Do we really want a state court to draw that distinction?

I would re-write (1)(b) to include: "Notwithstanding the requirement of the 
preceding Section (1)(a), do any act..."

Statutes should be drafted so they leave nothing to interpretation, nor the 
imagination.

-Paul

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Paul Christensen, CPBE
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