Creates the crime of unauthorized radio transmission; prohibits knowingly making a radio transmission on radio frequencies assigned and licensed by the federal communications commission for use by AM and FM radio stations.

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S5739A-2011 Actions

• Aug 3, 2011: SIGNED CHAP.361
• Jul 22, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.513
• Jun 20, 2011: substituted for a326b
• Jun 20, 2011: referred to codes
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Jun 20, 2011: ORDERED TO THIRD READING CAL.1408
• Jun 17, 2011: PRINT NUMBER 5739A
• Jun 17, 2011: AMEND (T) AND RECOMMIT TO RULES
• Jun 14, 2011: REFERRED TO RULES

S5739A-2011 Meetings

Rules: Jun 24, 2011

S5739A-2011 Votes

S5739A-2011 Memo

BILL NUMBER:S5739A

TITLE OF BILL:
An act
to amend the penal law, in relation to 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 one adds a new section 190.72 to the penal law which would
create the crime of unauthorized radio transmission in the second
degree, and make it a class A misdemeanor. It would criminalize the
transmission of radio signals over radio frequencies assigned and
licensed by the Federal Communications Commission.

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

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

EFFECTIVE DATE:
One hundred eighty days from day it becomes law.

S5739A-2011 Text

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

                                   5739--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 14, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
    printed to be  committed  to  the  Committee  on  Rules  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  AN  ACT to amend the penal law, in relation to unauthorized radio trans-
    missions

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


    Section  1. The penal law is amended by adding a new section 190.72 to
  read as follows:

  S 190.72 UNAUTHORIZED RADIO TRANSMISSION.
    A PERSON IS GUILTY OF AN UNAUTHORIZED  RADIO  TRANSMISSION  WHEN  SUCH
  PERSON 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.
    UNAUTHORIZED RADIO TRANSMISSION IS A CLASS A MISDEMEANOR.
    S 2. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13120-03-1