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Florida Statute for Operating without a FCC Broadcast License

 
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Last Post by Anonymous 11 years ago
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 Anonymous
(@Anonymous)
Posts: 0
 

Contacting the Florida Chapter is a good move and will certainly fill in the unspoken aspect of the Florida law, provided they answer.

Thanks Rich.

And Mr. TheLegacy, what time zone for speaking on TeamSpeak? There are four different 2 PMs in the Homeland.


 
Posted : 20/08/2015 8:37 am
 Anonymous
(@Anonymous)
Posts: 0
 

Hi Guys: Can be there at 2pm est.

station 8


 
Posted : 20/08/2015 8:42 am
 Anonymous
(@Anonymous)
Posts: 0
 

OK Station8, 2 PM EDT (you said est but I think you mean edt) is the same as 1 PM CDT, and I'll bop by to listen.


 
Posted : 20/08/2015 8:55 am
 Anonymous
(@Anonymous)
Posts: 0
 

I'm at work but I'll try to join in for a few minutes.


 
Posted : 20/08/2015 8:59 am
 Anonymous
(@Anonymous)
Posts: 0
 

We have decided to have two separate but equal groups since the ALPB was first meant to help folks with Radio programming and the equipment that exists at present. This way the initiative to increase the field strength for FM can be met. However as a suggestion by Station 8 and Mram we should consider all of part 15 in this activist group. So anyone else who wants to be a part of this group and your already an ALPB member or who want to become an ALPB member you'll have access to two separate but equal groups that can help you with part 15. The original ALPB and the 2nd (I have not come up with a better name yet than Pro FM maybe Part 15 Initiative) since we are wanting to be activists for improving power and Range for SW, LW, AM, FM. I'll also try and make a separate thread about this. We'll meet at a different time than the ALPB but use the Teamspeak server. It does work well. Also I'll need someone willing to do a Facebook page and or a website for the Initiative. This should also be talked about on the ALPB Facebook page so those who join the ALPB mostly to get these things done can do so through the activist group Part 15 Initiative. I actually like that name better than Pro FM.


 
Posted : 20/08/2015 12:28 pm
 Anonymous
(@Anonymous)
Posts: 0
 

I am not a lawyer; the following text of this post is purely my opinion, if it makes you think you can or can’t do something before you take any action consult with a lawyer or proceed at your own risk.

It is probably better to link to laws from a government page, so here is the same text from a floridia .gov site. http://www.flsenate.gov/Laws/Statutes/2011/877.27

I think part 15 is covered by the tail end of (a). Otherwise, for example, part 15 complaint MP3 player to radio adapters used in cars would be illegal.

The entire section is poorly written. For example it has a lot of nuisance potential. If I had a non HD radio station in Florida, I would call the police for every HD station on adjacent channels in the state and complain they were violating 877.27 (b). While HD radio is licensed by the FCC, it does directly cause interference with adjacent channels which are also licensed by the FCC. Since the statue does not give a distance limit for how far licensed stations are protected from interference a signal may be protected anywhere in the state from interference.


 
Posted : 21/08/2015 4:59 am
 Anonymous
(@Anonymous)
Posts: 0
 

It was written by politians who received guidance from the Florida Association of Broadcasters and others.

Now on a side note:  A "pirate" was busted a while back by local law enforcement and charged with a 3rd degree felony. In Florida there is a program for 1st time offenders called Pre-Trial Intervention. When one is approved for PTI, they plead guilty and perform community service or very minimal jail-time. (2-3 days) They then are on probation for 1 year and cannot cannot any crimes. After the 1 year has passed adjudication is withdrawn and the case can no longer be reviewable by any court. So the FCC finds out and after the fact sends a NAL. His lawyers under the double jeopardy provisions have filed for dismissal in adminstrative law court which they and others expect to happen. So the FCC teaming up with cops to do their work may have back-fired. Also, because of the withheld adjudication, he may be able to apply for a LPFM license if and when another window opens up. Keep in mind this is for a 1st time offender and it has to be only a 3rd degree felony.  The individual involved was broadcasting Christian music on an unused channel in a poor community.  The range was about 3 miles. He had the support of the very police that arrested him as he was a "positive influence" in the community according to the police chief. Interesting story.


 
Posted : 21/08/2015 9:53 am
 Anonymous
(@Anonymous)
Posts: 0
 

While the ARRL in Florida is being questioned about its position on Part 15, the ARRL elsewhere in the nation knows more about Part 15 than we do:

http://www.arrl.org/part-15-radio-frequency-devices


 
Posted : 21/08/2015 11:53 am
 Anonymous
(@Anonymous)
Posts: 0
 

Does anyone have documented proof that any operator of an unlicensed AM/FM broadcast setup in Florida, New Jersey (or elsewhere) has been the subject of an enforcement action and penalty assessment solely by state law and state inspection, when that system as installed/operated was proven to be compliant with FCC Part 15?


 
Posted : 21/08/2015 2:06 pm
 Anonymous
(@Anonymous)
Posts: 0
 

Rich, I have no knowledge of violations in Florida, but I am following the result of your formal request for feedback from the Florida Chapter of ARRL, and note that as of the end of the week they have not yet replied.


 
Posted : 21/08/2015 2:39 pm
 Anonymous
(@Anonymous)
Posts: 0
 

Rich ... I am following the result of your formal request for feedback from the Florida Chapter of ARRL ... 

Mr. Blare: Kindly note that I made no request (formal or otherwise) to the Florida Chapter of the ARRL.

If ever I get replies from the actual recipients of my e-mail, I will post those results -- as I already stated in Reply 13 of this thread.


 
Posted : 21/08/2015 2:59 pm
 Anonymous
(@Anonymous)
Posts: 0
 

But you posted: "This morning I sent the e-mail below to SBE Chapter 53 in Miami and to the lawyer representing the Florida Association of Broadcasters."

TWO organizations that have not responded!


 
Posted : 21/08/2015 3:28 pm
 Anonymous
(@Anonymous)
Posts: 0
 

But you posted: "This morning I sent the e-mail below to SBE Chapter 53 in Miami and to the lawyer representing the Florida Association of Broadcasters."

So then, Mr Blare, why are you expecting the ARRL to reply to my e-mail?

Clue: I didn't send it to the ARRL.


 
Posted : 21/08/2015 3:35 pm
 Anonymous
(@Anonymous)
Posts: 0
 

Literal reading isn't always correct.


 
Posted : 21/08/2015 4:19 pm
 Anonymous
(@Anonymous)
Posts: 0
 

If you had read, understood, and taken my posts literally, you would not find it necessary now to retreat from your responses to them.


 
Posted : 21/08/2015 4:41 pm
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