[BC] Regulation at the State/Local level

Ron Castro ronc
Sat Jul 9 11:19:46 CDT 2005


The state of Florida is not acting as a frequency coordinator, nor are they 
regulating the spectrum, hence they don't need specific authority from the 
FCC.  If you use your illegally modified ham radio HT to interfere with the 
police, they can arrest you on the spot on a variety of charges, none of 
which are directly 'spectrum related' or RF related, such as interfering 
with a police investigation. The Florida laws approach the problem from a 
civil endangerment direction.  Police in all states can do that to some 
extent now, and an example that comes to mind would be a station that runs a 
contest with requirements that would seriously endanger members of the 
public.

Oddly enough, the FCC does not have authority over pirates unless they have 
an FCC license.  That job goes the the Justice Dept., who usually has its 
hands full with drug lords, gangs, terrorists, etc., the so job has to fall 
to somebody who can get it done.

Besides...it gets the cops out of the donut shops!

Ron Castro
Chief Technical Officer
Results Radio, LLC


----- Original Message ----- 
From: ""Mario Hieb, P.E." <mario at xmission.com>" <reader at oldradio.com>
To: <broadcast at radiolists.net>
Sent: Saturday, July 09, 2005 12:22 AM
Subject: [BC] Regulation at the State/Local level


> When I was the Radio Spectrum Manager for the 2002 Olympics, we had a 
> high-priced Washington law firm. I asked them about the legality of us, 
> the Olympic committee, regulating the spectrum in Utah for a two month 
> period.
>
> The answer came back was:
>
> 1. The Communications Act of 1934 gives sole authority of spectrum 
> regulation to the FCC.
>
> 2. The FCC can delegate this authority to anyone they wish.
>
> We actually had written authorization in the form of a Public Notice.
>
> My question is, does Florida have similar authorization from the FCC?
>
> Mario
>
>
>
>
> ----------------------------------------------------------------------------------------------------------------------------
> Mario Hieb, P.E.
> Consulting Engineer
>
>
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