[BC] A Pirates double whammy.

[Paul Christensen]

> Paul, is that a correct interpretation of the statute?

Mike, it's actually a bit more vague than that -- and actually too 
loosely-written in my opinion.  The ARRL makes some good points, but I agree 
with your assessment of how the state laws should be interpreted with regard 
to the business implications.

But the state legislature probably wanted to capture all pirating activity 
without regard to having to assess whether the broadcasts are considered 
business -- and that's what leads to the vague language.  I have attached a 
link to the ARRL's Request which as you probably know was drafted by Chris 
Imlay.

Also, the full (and incredibly short) text of the complete F.S. 877.27 
appears below.

http://www.arrl.org/news/stories/2005/03/01/4/FloridaRFIStatuteDeclaratoryRuling.pdf

The Florida Statute...

"877.27  Unauthorized transmissions to, or interference with, a public or 
commercial radio station licensed by the Federal Communications Commission 
prohibited; penalties.-- 

(1)  A person may not:

(a)  Make, or cause to be made, a radio transmission in this state unless 
the person obtains a license or an exemption from licensure from the Federal 
Communications Commission under 47 U.S.C. s. 301, or other applicable 
federal law or regulation; or

(b)  Do any act, whether direct or indirect, to cause an unlicensed radio 
transmission to, or interference with, a public or commercial radio station 
licensed by the Federal Communications Commission or to enable the radio 
transmission or interference to occur.

(2)  A person who violates this section commits a felony of the third 
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

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