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.
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.
STATE OF NEW YORK ________________________________________________________________________ 2737--A 2011-2012 Regular Sessions IN 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