    
Ryan
Intermediate Member
Username: Ryan
Post Number: 100
Registered: 11-2002
| | Posted on Monday, June 28, 2004 - 12:21 pm: | 
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moderators: now i know this might not be the best section to post this according to the rules, but there needs to be as many people reading this as possible. thank you...
The Florida legislature has passed HB 1197, which allows them to regulate radio transmissions within the state of Florida; however, states cannot do this, since radio matters are solely the jurisdiction of the feds and the FCC. So, we need your help.
While created mainly to go after pirates in Florida, the law is overly broad and vague and could lead to abuses of power possibly even affecting ham and CB operators and other users of the spectrum. In fact, a private company, Signal Finder, Inc., has already been formed (as reported in Radio World magazine). This company says that they will track down pirates in Florida and more importantly, ANY source of radio interference. Imagine, a for-profit company, armed with a Florida law, can come in with the cops and have you arrested and charged with a 3rd degree felony, punishable by up to $5000 fine and 5 years in jail for causing any kind of radio interference. Hams and CB'ers and other spectrum users should be outraged!
ONE SOLUTION - Ham operators should contact the American Radio Relay League (ARRL) and ask them to file with the FCC a "Petition for Declaratory Ruling" asking the FCC to invoke federal preemption over this Florida law thus making it null and void. The FCC has done this when other states have tried to pass state laws regulating radio transmissions.
The ARRL is having a board meeting in mid July so make your comments known to them.
You can email the President of the ARRL, Jim Haynie, at w5jbp@arrl.org and also email the ARRL attorney Chris Imlay at BFITPC@aol.com and make them aware that you want the ARRL to file this "Petition for Declaratory Ruling" on this over-reaching Florida law to have it struck down.
The FCC can continue going after the pirates in Florida like they have been, busing four in Palm Beach County within the last few months and busting over 400 over the last few years. It's the job of the FCC, not the states, according to the Communications Act of 1934, as amended.
Florida radio amateurs and spectrum users thank you for your help in this matter. Why not drop the ARRL an email now while you are reading this?
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