League Asks FCC to Void Florida RFI Statute
NEWINGTON, CT, Mar 1, 2005--The ARRL has asked the FCC to declare invalid a Florida law that prohibits anyone making radio transmissions
without a license or Commission "exemption" from interfering with a licensed
broadcast station. In a Request
for Declaratory Ruling to the Commission February 25, the League
maintains that only the FCC has authority to regulate radio stations and RFI. By
prohibiting interference to broadcasters, the ARRL contends, the Florida law could have the apparently unintended consequence of affecting ham radio
licensees as well as operators of certain unlicensed Part 15 devices, such as
cordless telephones.
"What is clear is that no radio transmissions, licensed or
not, are permitted if they result in interference to public or commercial radio
stations licensed by the Commission," the League said. "Thus, it would appear
that Commission-licensed Amateur Radio stations in Florida are subject to
felony prosecution if their transmissions interfere with interference-susceptible
broadcast or other radio receivers used in listening to public or commercial
radio stations."
The law also could subject operators of Part 15 unlicensed
intentional radiators that interfere with broadcast stations to felony criminal
prosecution, the League said, adding that it "could be interpreted to prohibit
operation of Part 15 devices entirely."
Citing case law and legal opinions dating as far back as
the 1930s, the ARRL requested a declaratory ruling from the FCC that the Florida
statute "exceeds the jurisdiction of the State of Florida and intrudes on the
exclusive jurisdiction afforded the Commission by the Communications Act of
1934 as amended, to regulate radio stations and to address interference
phenomena."
The Florida Legislature enacted the law, §877.27 of the
Florida Criminal Statutes (under "Miscellaneous Crimes"), last year. It took
effect July 1, 2004. Violations would be considered third-degree felonies in Florida.
The ARRL says it's not clear that Florida lawmakers intended
the law to be as broad in its application as it reads, but that the new law--apparently
aimed at unlicensed "pirate" broadcasters--"nonetheless on its face prohibits
any person from causing interference" with an FCC-licensed broadcast station.
Although the Communications Act of 1934 does not
specifically preempt state regulation of RFI matters, Congress clarified in
1982 that all telecommunications are interstate and subject to exclusive
regulation by the FCC, the ARRL pointed out. It cited the Communications
Amendments Act of 1982, Public Law 97-259 to support its stance.
"The legislative history of the Communications Amendments
Act of 1982 demonstrates that Congress intended to completely preempt the
regulation of RFI," and leave it solely in the hands of the FCC, the ARRL said.
The League also noted that courts "likewise have refused to allow private
lawsuits against commercial broadcasters to abate RFI problems."
In a 2003 case, Anne Arundel County, Maryland, the FCC "held clearly that all attempts by states and municipalities to
regulate RFI are void as preempted by the supremacy clause of the Constitution,"
the ARRL said. The League's petition concludes that the Florida statute "is
void as preempted by federal communications law."
Page last modified: 01:50 PM, 01 Mar 2005 ET
Page author: awextra@arrl.org
Copyright © 2005, American Radio Relay League, Inc. All Rights Reserved.
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