[BC] Pirates...Aaarghh!

[Ron Castro]

This will be dragged into court one way or another by the creeps at the ACLU 
or the Prometheus shitheads.  But in the end, I'm sure you're not going to 
get busted if your Bluetooth interferes with some dope's laptop down at 
Starbucks!

Ron Castro
Chief Technical Officer
Results Radio, LLC


----- Original Message ----- 
From: "Paul Christensen" <attorney at broadcast.net>
To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
Sent: Wednesday, July 06, 2005 10:47 AM
Subject: Re: [BC] Pirates...Aaarghh!


>> 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
>
> ====================================
> Paul Christensen, CPBE
> LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
> 3749 Southern Hills,  Jacksonville, Florida 32225
> Office: (904) 379-7802    Facsimile: (904) 212-0050
> pchristensen at ieee.org
>
>
>
>
>
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