NY State Law includes Jail Time for operating "Illegal Radio Station"

[k4kyv]

From Radioworld, July 13 2011, p. 16:

The New York state  legislature passed a bill adding jail time to the possible penalties when someone is convicted of operating an illegal radio station, making it a Class A misdemeanour to operate an unlicensed radio station in the AM or FM bands.  Similar laws have been passed in Florida and New Jersey, giving local authorities alleged jurisdiction over what has always been a federal-only area.

I wonder if this might lead to harassment from clueless local police agencies and other authorities in cases of RFI generated by legitimate amateur AM stations, from blanketing, images and audio rectification. Years ago, before the age of TV and crappy solid state consumer junk, this was the most common source of friction between hams and the local community.

I'd be curious about what is the FCC's take on this issue.  Federal agencies tend to be jealous of their authority and jurisdiction, even after they become invisible to the public and fail to enforce their own regulations.

[WA3VJB]

I would guess it's the communications lawyers who are watching this closely for a good test case to come up.

If the courts validate local jurisdictions that they can intervene in broadcast matters, their actions could expand from pirate stations to handling complaints from neighbors about interference from any federally licensed stations.

Voters, you know.

But I wonder whether agencies are as protective as they once were.

Wasn't there an issue where the FCC wanted the Coast Guard to enforce VHF Marine licensing ?  This was back when the FCC was requiring recreational boaters to have a $150 license. The proposed expectation was that the USCG could ask for an FCC license along with a vessel's registration papers if a VHF antenna was observed on the craft.

Then there was the hoo-hah between the Federal Aviation Administration and the FCC over the registration of towers.

And I did think I saw how an area told local law enforcement they could go after QRO CBers as a community nuisance.

There was also a case in the midwest where local law enforcement had installed bootleg HAM radios for backchannel simplex communications among officers in their patrol cars. Not only did the FCC not directly act, but the ARRL failed to report the scandal for months after a local TV station had broken the story. It was the police department's internal decision to remove the radios, with no other known penalties.

So it makes you wonder.

[kb3ouk]

but if the law actually does only specify that it is illegal to operate an unlicensed station in the am or fm broadcst bands, then anything else isnt punishable under new york law. a pirate can still run on shortwave, but can't on am or fm broadcast. now, if are strict on how they comprehend the law, then part 15 broadcasting on am and fm broadcast is illegal in newyork, since these are unlicensed stations, but are legal, due to the part 15 rules.

[W3SLK]

A friend of mine, (and frequent AMer) had this same issue a few years back. It seems that when he was running AM, he got in to the neighbor's  consumer junk stereo/phone etc. It being an election year, the grabbed the ear of the city mayor. The mayor told him that he was going to shut him down. A few weeks later, my friend gets a call from the NYC FCC office stating they will be visiting his station. Two fellows, displaying FCC ID's showed up at the prescribed time and told him they wanted to do purity check and such. My friend said that he uses a homebrew 810 X 810's rig and a T-368. The guy told him to crank it up. He stated that he would only use it at 375 watts. The guy told him to crank it up all the way so he complied. They went to the neighbors house and found that he only came through on the stereo on 40M. They said it was up to his neighbors to buy filters to keep him out and that he was operating within the boundaries of his license. When he echoed about the mayor wanting to "shut him down," the FCC guy said, "The FCC makes the laws as to who can and who cannot operate. Not some local law or mayor!" He never had anymore issues. As a sign that there is such a thing as Karma, the mayor lost his bid for re-election. 

[W2PFY]

Not some local law or mayor!" He never had anymore issues. As a sign that there is such a thing as Karma, the mayor lost his bid for re-election. 


Don't ya go messing with our hams! That will teach ya.

[WA3VJB]

Mission creep can help explain why the literal wording of a given rule or law somehow expands or becomes the basis for additional activity.

Mikey your friend's encounter with the FCC had a good outcome. But I wonder if, had the field engineer been in a bad mood, the request for him to crank it up all the way could have become the proof the neighbor needed to show a violation.

[W3SLK]

Paul,
    Actually the guy thought all of his 'old radios' were kind of kewl! He was impressed with the fact that he kept a written log of his operations and had some neat radios. He had to explain to his somewhat younger partner how tubes still work. 

[k4kyv]

He had to explain to his somewhat younger partner how tubes still work.  

I wonder if a field engineer who hasn't been on the job for many years or perhaps even decades, would have a clue when suddenly confronted with the task of inspecting a 100% home brew, 30s to 50s-era tube-type installation, with open racks, rat's nest of interconnecting wires, separate transmitter and receiver, and no standard box with "50-ohm antenna port".

[W2PFY]

and no standard box with "50-ohm antenna port".

In order to bring all home brew transmitters into compliance, they must be fitted with a USB port for data collection by December 31, 2011

[Opcom]

Can a field agent lawfully require that the operator of a licensed transmitter undergoing inspection "crank it up all the way"?

There are risks to this.
1.) the operator could be accused of doing it at any other time (NALs never really require proof).
2.) could be unsafe i.e. when the variac is at 70%, the operator indicates that the high voltage filter is at its limit.
3.) the USB port may accidentally feed RF to the agent's computer

[k4kyv]

3.) the USB port may accidentally feed RF to the agent's computer

 

[W1RKW]

I wonder what the reaction would be to someone who is 100ft across the NY state line in another state?

[W7TFO]

I wonder what the reaction would be to someone who is 100ft across the NY state line in another state?

Reminds me of a cartoon in a vintage issue of some electronics mag I read years ago:

The FCC suit w/briefcase is hassling some ham in a undershirt w/beer, and the guy says "Yep, I overmodulate,work out of band, and am 200 yards inside Mexico..."

73DG