[BC] A Pirates double whammy.

[Dana Puopolo]

First off, running a business without a business license isn't criminal
activity. It's strictly a civil thing, usually resulting in a small (if any)
fine.

Secondly, what's to keep a pirate from getting a business license as a "media
company"?

Third, this this law may make it necessary for EVERY unlcensed person to have 
a business license in Florida! I can imagine every CBer, every wireless
telephone user, every person who ses a wireless mike, everyone who uses wifi,
etc., etc., all being required to get busiess licenses.

Of course, some communities are now considering requiring people to run their
access points encrypted - because people are now (successfully) using the
claim that their AP is open to get their RIAA and MPAA suits dropped.

I guess next it'll become a crime to leave your car or home door 
unlocked....

That slope is sure getting slippery, isn't it?

I predict that the Florida law (and all this other nonsense) will fall flat
upon its face! 

-D



------ Original Message ------
Received: Fri, 11 Aug 2006 11:50:12 AM EDT
From: Mike McCarthy <Towers at mre.com>
To: "Broadcasters' Mailing List" <broadcast at radiolists.net>
Subject: Re: [BC] A Pirates double whammy.

The FLA statute as I understand doesn't necessarily apply to emissions 
exclusively.  There is a segment of the statute which applies to the 
function of the operation as an unlicensed defacto business.  It classifies 
the pirate operation as an unauthorized media business regardless of 
whether the "station" sells advertising.  The state claims (and correctly 
in my opinion) that the emissions creates an environment to invite other 
businesses and persons to participate in an unlicensed (and therefore 
illegal) public activity regardless of whether revenue is generated.  It is 
the activity behind the emissions, not the emissions themselves which are 
illegal under the state statute.

In that regard, I think it would hold muster in federal court since the 
states have the right to regulate commerce originating within their 
state.  In fact, that could be the basis of other states doing the same 
thing.  Making the activity supporting the illegal emissions a state 
offense....either a misdemeanor or felony..as they have in FL.

I agree the emissions aspect should be exclusive to the FCC.

Paul, is that a correct interpretation of the statute?

MM

At 11:19 AM 8/11/2006 -0400, Paul Christensen wrote
>>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
>
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