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On Mon, 3 Oct 2005 11:28:32 -0400, Ari Silversteinn
wrote: On Sun, 02 Oct 2005 23:42:16 GMT, **THE-RFI-EMI-GUY** wrote: A disadvantage I see is that a waiver is going to be required in order not to violate FCC rules. In fact, in the state of Florida, interfering with broadcast stations is against state law, so another hurdle to be overcome. Yes, the budget is rich with expected legal expenses. Since DHS has become a player in this, we are hopeful that we can get the necessary punch to overcome FCC and statutory issues. That being said, for this system to work, you have to blanket the entire AM and FM broadcast bands. Even doing so will leave out the motorists who use XM or Sirius, the Ipod listeners and those who are driving with their cellphones plugged into their ears. Do we have to blanket or only blanket each locale, that is, the broadcasting stations of each locale? Not only will we miss those no AM/FM listeners, we will miss those that don't have their radios on. An aggressive, road sign campaign is planned something like " Turn On Your Radio, It Could Save Your Life" type of thing near each incident site. While Florida may have laws to this effect, in fact they are unenforcable because of federal preemption for all radio matters. Still illegal, just the wrong enforcement entity. A state or locality cannot for example legislate on TVI matters (though many have tried.) When they try, the FCC will send a notice to the locals that they are in charge and will handle enforcement. Unfortunately the FCC is unwilling to get involved in the matter of private contracts such as antenna exclusions in housing developments. That said, be aware that when it comes to radio useage in the US, the FCC is actually NOT the ultimate authority. They are responsible only for those frequencies which a military controlled panel has ceded to the FCC for administrative purposes. I can't remember the name right off hand, but during my federal career, I had to work with them and we actually were able to override an FCC allocation because it interfered with a military application. While the FCC played ball with the DOD outfit I worked for, the ultimate beneficiary of that allocation (a TV station) sued and the matter wound up in Federal Court. The court reaffirmed the DOD's ultimate sovreignity in this matter. It ultimately got resolved by some allocation juggling when a combination of the Court, The FCC and the DOD gave the plaintiff some "religion." W3JT |
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