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FCC Denies ARRL's Request for Declaratory Ruling

ARRL

Well-Known Member
Nov 15, 2008
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In 2005, after the State of Florida adopted statutes aimed at pirate broadcasters and making it a felony to make a radio transmission without Commission authorization or to interfere with a licensed public or commercial radio station, the ARRL -- through General Counsel Chris Imlay, W3KD -- filed a Request for Declaratory Ruling (Request) with the FCC, seeking a declaratory ruling on portions of that statute. The ARRL argued that the Statute was written so broadly that one could infer that Commission-licensed Amateur Radio stations in Florida would be subject to felony prosecution if their transmissions interfered with broadcast or other radio receivers. In 2006, New Jersey adopted a similar statute and the ARRL's Request was modified to include that state. Five years and one day after the original Request was filed with the Commission, the FCC denied the Request.



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