"David Eduardo" wrote in message
...

| "AM" wrote in message ...
| Florida passed a law making it a third degree felony to transmit any
| signal without a license. The American Radio Relay League (ARRL), the
| national organization representing amateur radio operators saw this law
| as too broad and vague and a threat to ham radio operators, since a
| portion of the law also makes it a third degree felony to cause
| interference to any broadcast station, even from a licensed ham
| transmitter.
| So the ARRL filed a Request for Declaratory Ruling asking that the FCC
| void the Florida law. The FCC is studying the matter and may void the
| Florida law. When is anybody's guess. You can call the FCC Wireless
| Telecommunications Bureau (WTB), who is handling this matter, and voice
| your support of the ARRL petition to void the Florida interference law
| .....

| I´ll voice my concern about the ARRL, not the law.

| I was once on a plane landing at the Miami International Airport, which
had
| to abort a landing approach. The pilot explained that there was a Haitian
| radio signal interfering with the communications frequencies used by the
| plane to get landing instructions. He was referring to a pirate in Kreyol
| that had an emission right in the aircraft band.

| All the passengers of this and other flights sere endangered by this
| prorate.

| The law may need revision, but endangerment of public safety and
| interference with licensed communications channels is not something to be
| quibbled with.

It's long been established, though, David (and as for a citation, I'll
leave it to someone else to find the case law) that the FCC and only the
FCC has the power to regulate spectrum usage, pursuant to the powers
granted the Federal government under provisions of the 10th
Amendment....you know, where the powers not so enumerated fall to the
States? Since Federal law does assign regulatory powers to the FCC, no
state can make a law which conflicts with FCC regulations....this was
decided in the early 70s, I believe, when a local municipality attempted to
prevent the installation of an FCC-licensed transmitting facility (it may
have been cellular, at that) and the Supreme Court determined that the FCC,
having decided where this site would be located, overturns any local
restriction related to the operation of that installation.
--
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Men born to freedom are naturally alert to repel invasion of their liberty
by evil-minded rulers. The greatest dangers to liberty lurk in insidious
encroachment by men of zeal, well-meaning but without understanding." --
Justice Brandeis
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