[BC] A Pirates double whammy.

[Paul Christensen]

>A good constitutional attorney will get that Florida law blown out of the
> water.  Local governments do not have authority over FCC matters.

It's not quite that easy.  Arguably, the Florida law is not at odds with 
federal law.  The Constitution's Supremacy Clause declares that state law is 
pre-empted when federal law and state law are at odds over the case or 
controversy.

Recall that as a result of the Florida law, the ARRL filed a Request for 
Declaratory Ruling requesting the FCC to re-assert its exclusive 
jurisdiction over all matters involving electromagnetic spectrum, including 
the assessment of penalties   As far as I know, the Request is still 
collecting dust at the WTB.

And even if the FCC ultimately issues a Declaratory Ruling, it is still 
subject to further judicial review -- it doesn't necessary end there.

Paul


====================================
Paul Christensen, CPBE, CBNT
LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
3749 Southern Hills, Jacksonville, FL 32225
Office: (904) 379-7802    Facsimile:  (904) 212-0050
pchristensen at ieee.org