senate Bill S3490

Amends the crime of unauthorized radio transmission to be a class D felony

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Feb / 2013
    • REFERRED TO CODES
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.729
  • 22 / May / 2013
    • STARRED ON CALENDAR
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

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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Bill Details

Versions:
S3490
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง190.72, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2737A
2009-2010: S6783
2007-2008: S4028

Sponsor Memo

BILL NUMBER:S3490

TITLE OF BILL: An act to amend the penal law, in relation to the prohi-
bition 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 unauthor-
ized 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.

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

                                  3490

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08509-01-3

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