Amends the crime of unauthorized radio transmission to include those who broadcast radio transmissions without obtaining a license to do so from the FCC; makes it a class D felony punishable by imprisonment and a fine.

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S2737A-2011 Actions

• Jan 11, 2012: PRINT NUMBER 2737A
• Jan 11, 2012: AMEND (T) AND RECOMMIT TO CODES
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to codes
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1209
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 31, 2011: REFERRED TO CODES

S2737A-2011 Votes

S2737A-2011 Memo

BILL NUMBER:S2737A

TITLE OF BILL:
An act
to amend the penal law, in relation to the
prohibition against unauthorized
radio transmissions

PURPOSE:
To establish the crime of unauthorized radio transmission for those
who broadcast radio transmission without obtaining a license to do so
from the Federal Communications Commission (FCC).

SUMMARY OF PROVISIONS:
Section 190.72 of the penal law would be established to outlaw
unauthorized radio transmissions and establish penalties for failure
to do so without FCC approvals.

Section two sets forth the effective date.

JUSTIFICATION:
Local radio stations often have their programming and signal"bumped
off' the air, or drowned out by unofficial, unlicensed "pirate" radio
stations that broadcast without FCC approval. This law will raise
financial fines and incarceration penalties to serve as an
disincentive for those who would make such illegal broadcasts.

LEGISLATIVE HISTORY:
Similar bills have been moved in the past, such as:
2005-06: A.9647 (Latimer) - Referred to Assembly Codes
         S.7074 (Volker)  - Passed Senate
2007-08: A.1214 (Latimer  - Referred to Assembly Codes
         S.4028 (Volker)  - Passed Senate
2009-10: A.181 (Latimer)  - Referred to Assembly Codes
         S.6783 (Volker)  - Referred to Codes
2011:    Passed Senate

FISCAL IMPLICATIONS:
No expense to the State, some additional revenues may occur once
violators pay fines.

EFFECTIVE DATE:
The first day of November next succeeding the date on which it shall
have become law.

S2737A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2737--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 31, 2011
                                 ___________

  Introduced by Sens. SALAND, ESPAILLAT, PERALTA -- read twice and ordered
    printed, and when printed to be committed to the Committee on Codes --
    recommitted  to  the Committee on Codes in accordance with Senate Rule
    6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
    amended and recommitted to said committee

  AN  ACT  to  amend the penal law, in relation to the prohibition against
    unauthorized radio transmissions

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 190.72 of the penal law, as added by chapter 361 of
  the laws of 2011, is amended to read as follows:

  S 190.72 Unauthorized radio transmission.
    A  person  is  guilty  of an unauthorized radio transmission when such
  person:

    1. knowingly makes or causes to be made a radio transmission  in  this
  state,  on a radio frequency assigned and licensed by the federal commu-
  nications commission for use by amplitude modulation (AM) radio stations
  between the frequencies of five hundred thirty kilohertz (kHz) to seven-
  teen  hundred  kilohertz  (kHz),  or  frequency  modulation  (FM)  radio
  stations  between the frequencies of eighty-eight megahertz (MHz) to one
  hundred eight megahertz (MHz), without  authorization  or  having  first
  obtained  a  license  from the federal communications commission or duly
  authorized federal agency, in violation of federal law; OR
    2. ACTS, WHETHER DIRECTLY OR  INDIRECTLY,  TO  CAUSE  AN  UNAUTHORIZED
  RADIO  TRANSMISSION  TO,  OR  INTERFERENCE  WITH, A PUBLIC OR COMMERCIAL
  RADIO STATION LICENSED BY THE FEDERAL COMMUNICATIONS  COMMISSION  OR  TO
  ENABLE THE RADIO TRANSMISSION OR INTERFERENCE TO OCCUR.
    Unauthorized radio transmission is a class [A misdemeanor] D FELONY.
    S 2. This act shall take effect on the first of November next succeed-
  ing  the  date  on  which it shall have become a law; provided, however,
  that if section 1 of chapter 361 of the laws  of  2011  shall  not  have
  taken  effect  on or before such date then section one of this act shall
  take effect on the same date and in the same manner as such  chapter  of
  the laws of 2011 takes effect.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00709-06-2