...that Part 15 operators ARE exempt from needing to have a license by federal law, AND the fact that state laws have NO jurisdiction over matters covered by the FCC this is really kind of moot, isn't?
Tim in Bovey
Not only is Tim correct that states have no jurisdiction over federal matters, it is a further over-reach to enact a criminal felony in what federally would not be criminal in any degree, but only a lesser category "violation," not of law, but of regulation.
I think the legislature in Florida should attend grammer school and this time pay closer attention.
Now the truth is ringing loud and clear and I can't believe none of you other folks caught on. SBE: Society of Broadcast Engineers. This proves not only are they Dead against FM and part 15 but sounds like an anti part 15 stance period. Now many cops are going to realize that part 15 is part of title 47? No wonder why we have the anti FM trolls on our site. They are coming from an organization that wants to put you in jail for any unlicensed transmitter on the broadcast band. So unless you have a piece of paper or certificate from the FCC stating you are exempt from having a license under part 15 of title 47 your going to be treated as a felon until a federal court straightens it all out. How many part 15 operators are willing to go through the court process and just throw their transmitter in the trash or sell it outside of Florida of course. No wonder why Station8 wants out of Florida. Well I'll never move there now that this has happened. I don't want to stop part 15. I bet now they will have more Pirate radio than they ever had before. Hell with that stance you may as well throw up a 1 watt transmitter and forget it for your in just as much hot water if someone wants to complain about your operation. I'm mad now.
Prepare to get madder:
http://www.sbe53.com/radio.html
It appears that Chapter 53 of the SBE is fudging the truth by ignoring Part 15 in their apparant tirade against pirates.
Organizations that take filtered one-sided positions to the neglect and harm of other legal, eligible tiers of society put themselves in a league with the KKK, white supremists, Neo-Nazis, Stazi, Shutz-Staffel, Apartheid Zionists and Mafia.
If we are under-informed in this matter, blame it on the SBE.
I am a member of, and certified by the SBE.
I have also been an associate member of the NAB for over 20 years.
You need to realize that local chapter SBE websites are made by their local members, and no not reperesent the entire organization. And you also must consider that they are indeed called upon quite regularly to find and stop actual pirate operators. WE are not them.
Tim in Bovey
Admittedly my postings sometimes employ hyperbole to emphasize a point, and in speaking about SBE Florida Chapter 53 I find that group remiss in ignoring mention of part 15 given the seriousness of felony charges.
In such an undefined atmosphere part 15 operators could easily find themselves defending against criminal charges due to mass ignorance on the side of law enforcement.
Simply saying among ourselves that part 15 is legal in Florida means nothing against jailing, posting bail, plea bargaining or defensive trial.
I'm not quite sure what the fuss is all about.
As Tim has stated, Part 15 broadcasters (operating under Federal law) are exempt from this Florida state law.
While that particular chapter of the SBE should have stated that, it sure looks to me as if they're reporting on real pirate operations in the Miami area. We all know that they exist. And that they hurt genuine Part 15 operators.
Perhaps an e-mail fired off to them telling them that, and asking them to set the record straight, would be in order, rather than complaining about it here, which is not going to do much good at all.
... Part 15 broadcasters (operating under Federal law) are exempt from this Florida state law. ...
What is the legal risk under Florida law to operators of unlicensed AM/FM transmit systems permitted by 47 CFR Part 15 that DO meet the performance limits defined therein?
The risk is being falsely charged and having to mount a defense. This is America where that happens on a routine basis.
Artisan, American prosecutors file charges against innocent people every day and the response must be that of a criminal. Innocence must be proven at some high dollar amount, say $25,000.
Everyone rise the flag is waving.
Innocence must be proven at some high dollar amount, say $25,000.
Those who obey the law have little need to spend such dollar amounts to defend themselves in court.
Rich: Those who obey the law have little need to spend such dollar amounts to defend themselves in court.
Are you truly so naive?
Hi Guys: I have mention this law before and they also did it to New Jersey as well.
I placed on my blog or it's somewhere on part 15. us can't remember.
If you would like to here about why they did that law i will tell you on teamspeak.
My finger hurt when i type to much and if you have question it's just easier to talk.
Just let me know when you want to meet at teamspeak.
Station 8
How about trying to meet at 2:00 PM Today and if you don't see me after 5-10 minutes we can try 6PM and if you don't see me in 5-10 minutes we can try 7:30 PM. I'll try and get on there and hash this all out because I'd really like to know some things too and have a clear head in all this mess. I'm partly P'd because my Galaxy Note 2 was damaged and that phone was once $900 and the person who used it to make a call was not careful with tat phone. I've been angry about that and this only made me more angry. I went outside and crushed pop cans to let off steam. At least I do something constructive when I get mad. Now I'm sluggish from being mad and I'll have to do something to clear my head and calm down. At least Rich did the right thing too and wrote them and let them know of their wrong doing and how they need to clear it up. Seriously it has crossed my mind if AM does better for me than FM I'll just use the low power on my FM and use it as a wireless audio link since the low power won't leave my property. Certified or not it won't go more than 20 feet on low power.