Bill Text: NY S03490 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S03490 Detail]

Download: New_York-2013-S03490-Introduced.html

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                           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:
    1    Section 1. Section 190.72 of the penal law, as added by chapter 361 of
    2  the laws of 2011, is amended to read as follows:
    3  S 190.72 Unauthorized radio transmission.
    4    A  person  is  guilty  of an unauthorized radio transmission when such
    5  person:
    6    1. knowingly makes or causes to be made a radio transmission  in  this
    7  state,  on a radio frequency assigned and licensed by the federal commu-
    8  nications commission for use by amplitude modulation (AM) radio stations
    9  between the frequencies of five hundred thirty kilohertz (kHz) to seven-
   10  teen  hundred  kilohertz  (kHz),  or  frequency  modulation  (FM)  radio
   11  stations  between the frequencies of eighty-eight megahertz (MHz) to one
   12  hundred eight megahertz (MHz), without  authorization  or  having  first
   13  obtained  a  license  from the federal communications commission or duly
   14  authorized federal agency, in violation of federal law; OR
   15    2. ACTS, WHETHER DIRECTLY OR  INDIRECTLY,  TO  CAUSE  AN  UNAUTHORIZED
   16  RADIO  TRANSMISSION  TO,  OR  INTERFERENCE  WITH, A PUBLIC OR COMMERCIAL
   17  RADIO STATION LICENSED BY THE FEDERAL COMMUNICATIONS  COMMISSION  OR  TO
   18  ENABLE THE RADIO TRANSMISSION OR INTERFERENCE TO OCCUR.
   19    Unauthorized radio transmission is a class [A misdemeanor] D FELONY.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  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