[BC] Regulation at the State/Local level

[Robert Foxworth]

> My recollection may be a bit rusty since I am not fully aware of all
the crap congress imposed in the 1996 rewrites, but if I recall
correctly, the FCC never did have authority over unlicensed activity;
that was Department of Justice.  FCC has authority over licensed
activity or those emitters that are unlicensed by regulation (ie Part 15
devices).  FCC can get a complaint issued against a pairate, but Justice
issues and carries out the complaint if they have the interest.  I am
sure in Southern Florida there is more notable crime that prirate radio.
I think that is how south Florida got in this situation, no action by
the DOJ.
>
> Florida does not need an authorization from FCC to do what they are
doing in so much they are not in conflict with any FCC Rules or
Regulations.
>
> Bruce

They could perhaps make a case for concurrent jurisdiction?

This seems to be the reason that the Lubavitcher have been able to
operate a transmitter on 1710 kHz for such a long time, and not
have it closed down, despite it being known just where the building
is that houses it, in the Brooklyn NYC area. They were astute
enough to pick a frequency that has no assigned operation, so
no one else could file a complaint, and the political influence of the
Lubavitcher in NYC politics is strong enough that the local LEO
is not about to go in and shut them down. This station has been
heard over much of the N.E. U.S. (as DX, at night) for some time now.
But they are programmed as religious, and not as a typical kid-operated
pirate would be, so probably are better tolerated that way. It seems
that filing of a complaint, by a co-channel station claiming
interference,
is the way to get a case opened these days.

FWIW the Boston area has a lot of pirates as well, in the 1600-and-up
range, many of them are Kreyol, or ethnic, They are thought to
be in the 10 to 50 watt range.

As an aside, I recall several years ago, when I used to still listen
to Imus, and he got an affiliate in Miami Springs FL, on 1700
carrying sports news, and he said "1700 on the dial? That's so high,
it would make dogs bark" (that station since has changed format,
as have virtually nearly every one of the new "X-band" assignments",
many of them going to Spanish. (X-band = expanded-band)

I'd think that, if these new stations were truely filling a marketplace
need, they would have gotten the format in place at the beginning,
and it would work, and keep working. Going to Spanish may be the
final answer for many marginal AM's today.

- Bob (who remembers the AA5 ... AND Loctals !! Their numbers
began with a 7--- for the equivalent 6--- octal, I think)