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South Florida Radio Pages / RadioPages.net
RADIO NEWS: FALL 2005

Covering Broward, Miami-Dade, and Palm Beach Counties

FALL 2005: SECTION 1 of 4:
Florida's New Scanner Law

by Robert Wyman

FALL 2005: SECTION 2 of 4:
Bebo De Cuba DVD Filmed at WDNA

FALL 2005: SECTION 3 of 4:
Payola!

FALL 2005: SECTION 4 of 4:
Talk Radiooo T-Shirts,
Ed Bell's South Florida Arts Beat

Contact us if you're interested in advertising on a relevant page!
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FALL 2005: SECTION 1 of 4: Florida's New Scanner Law

Note: This file was previously called September Part 2.


Problems With Florida's New Scanner Radio Law, F.S. 843.16

Copyright 2005 by Robert Wyman
www.forensicphoto.com
wymanent at bellsouth dot net

(July 29, 2005) ... While the term "scanner" is most associated with a computer peripheral imaging device, scanners are also a type of radio receiver.
Lawmakers are lobbied and influenced to believe that a large, unruly segment of the population is maliciously utilizing scanners to perpetrate crimes from petty theft to international terrorism.
Unlike professional two-way radios which are tuned to a specific set of frequencies (licensed by the FCC to the radio operator), scanners allow a user to tune a wide variety of frequencies at will.

For radio hobbyists and others, including Emergency Management volunteers, news media representatives and Public Safety contractors (such as Central Alarm companies and Tow Truck operators), these radio scanners are essential tools of the trade. Specifically, such personnel are often tasked with a "response" function resulting from a specific incident.

A Fire Canteen volunteer, for example, may mobilize a Canteen crew after hearing about (or "monitoring") a large fire scene on a scanner. This volunteer is not dispatched by the local Fire Department nor has a need to communicate on the Fire Department's assigned two-way radio frequencies; the Canteen Crew needs only to respond in a non-emergency manner and support the on-scene officials with coffee and refreshments.

Granted, using the above example, cell phones are also used for primary communications between crew members and perhaps even the Fire Dispatcher. The scanner, however, provides real-time, at-scene information critically important for response and staging efforts.

Unfortunately, this same real-time, at-scene communications intelligence is increasingly viewed as a risk to Public Safety instead of a bonus. Lawmakers are lobbied and influenced to believe that a large, unruly segment of the population is maliciously utilizing scanners to perpetrate crimes from petty theft to international terrorism.

Article submission deadlines prevent an in-depth forensic analysis of crimes involving the use of scanners, but initial research (via the FDLE Criminal Statistics website) finds no published summary of scanner crimes within the top crimes of interest reported on a statewide basis.

Nevertheless, a variety of scanner laws have existed for decades. Those which criminalize the use of scanners in the commission of any crime are welcomed by law-abiding radio hobbyists and the Law Enforcement community alike (see Florida Statutes 812.15, 843.165, 877.27 and 934.03). No one wants a criminal to use a scanner maliciously and only be charged with the resultant criminal activity. That is, if a scanner facilitated the criminal incident, the use of the scanner should certainly be an additional charge.
BACK ISSUES OF
SOUTH FLORIDA RADIO NEWS

No one wants a criminal to use a scanner maliciously.

Other scanner laws, though, have been written and approved with little thought toward functionality and enforcement. Florida Statute 843.16 has always included flaws and interpretive nightmares related to scanner radios. The history of these flaws pales in comparison to the problems presented by the new version, enacted in June of this year. This version perpetuates some old flaws and introduces new ones.

Scanner usage in F.S. 843.16, as it pertains to the monitoring of police and fire radio communications (other radio services are ignored), is now allowed under the following scenarios:

  • At any government-authorized location
  • In any vehicle used while on official business by any Law Enforcement Officer or any city, county, state, FBI or military employee
  • In any city, county or state fire department vehicle
  • In any vehicle designated by DHSMV as both an emergency vehicle and one authorized to use State of Florida radio frequencies
  • In any vehicle designated by a county or city Police Chief or Fire Chief as both an emergency vehicle and one authorized to use county or city radio frequencies
  • By the News Media
  • By Central Alarm companies
  • By holders of FCC-issued radio licenses
Scanner Radio Guide

Bob Groves Scanner and Shortwave Answer Book

Air-scan directory of aero band scanner frequencies

Scanner Master Florida Communications Guide

Note, however, that neither vehicles nor fixed locations are similarly identified for the news media or alarm companies as they are for other potential scanner users. Of further importance is how the law focuses upon vehicles and locations instead of the radio users in those vehicles and at those locations.

The curious wording of the law leads to a variety of examples, both direct and interpretive, where scanner usage is not allowed by the new version:

  • In any vehicle NOT on official business being used by a Law Enforcement officer or city/county/state/FBI/Military employee
  • In any vehicle used by any Federal agency other than the FBI (unless such vehicles are considered an authorized "place" as referenced elsewhere in the Statute)
  • In any vehicle NOT designated as an emergency vehicle by a Police Chief or Fire Chief
  • At any business location (again, except for an authorized "place" established by the government and the non-specific references to news media and alarm companies; every Radio Shack in Florida is therefore in violation)

Most confusing is a new element that also criminalizes the transportation of a radio "so adjusted or tuned" as to receive the police or fire communications. That is, one may not include a scanner as cargo within an unauthorized vehicle. The term, "so adjusted or tuned," is already raising interpretive questions:

  • Does it mean that a scanner is on and operational with active reception occurring on a police or fire frequency?
  • Does it mean the scanner just has to be capable of such reception, regardless of whether it is on or not, or regardless of whether it is tuned to a police/fire frequency or not?
  • If the law is intended to be all-encompassing regarding the capabilities of scanners, then all scanner sales will have to cease in the State of Florida, since delivery trucks will be in violation of this "transport" clause.

UNIDEN BC370CRS CRS Clock Radio Scanner with 300 channels in 10 Banks

UNIDEN Handheld 200 Channel Scanner

Again using the previous example of the Fire Canteen volunteer, the new law prohibits scanner use at a business location and in a personal vehicle unless the vehicle is authorized or the volunteer is also FCC-licensed. An average volunteer, therefore, will not be able to use a scanner anymore. This is also true for CERT members, other Emergency Management volunteers, off-duty police and fire employees, families of police/fire employees, and anyone else who enjoys monitoring police and fire radio communications from the privacy of their personal vehicles or offices. A personal residence is the only location not affected by this law.

The new law can be seen in comparison with the previous wording at http://www.qsl.net/k7fhp/

Toshiba - Toshibadirect.com

Colorful Images

FALL 2005: SECTION 2 of 4: Bebo De Cuba Latin Jazz DVD Filmed at WDNA

Octogenarian Pianist Bebo Valdés Celebrates
Cuban Big Band and Jazz Traditions on 2-CD/DVD
Calle 54 Records Release, Filmed at WDNA

(August 23, 2005) ... Octogenarian pianist, composer, and arranger Bebo Valdés has created Bebo De Cuba, a CD/DVD set with a distinct Miami connection. The companion 23-minute DVD complements the music through interviews with Valdés conducted in the studio of Miami's "serious jazz" station WDNA (88.9), video vignettes of the still spry pianist reminiscing while he walks the streets of Manhattan, interacting with the musicians, conducting the groups, and playing piano. The set will be released September 20th.

Bebo Valdés at WDNA with
station manager Maggie Pelleyá.

Why WDNA? (Other than that it's the only jazz station in town!) Co-producer Nat Chediak used to have a radio program on WDNA, back in the nineties. "So when Bebo was here in 2002, we stopped by WDNA." Chediak may be best known as one of the founders of the Miami Film Festival, but he's also a music historian and created Diccionario de jazz latino, a dictionary of Latin jazz in Spanish. And Calle 54 (54th Street) Records.

Impressively, the 87-year old maestro's compositional and arranging instincts are still fertile, his fingers as nimble as ever, and his ability to craft music of extraordinary depth, passion and beauty undiminished by the passing years.

The CD/DVD set, housed in a glossy four-section folder, consists of:
A link will be added here when the CD is avcailable

  • the Suite Cubana CD
  • the El Solar De bebo CD
  • the New York Notebook DVD
  • a colorful 56-page booklet

Suite Cubana is described in the booklet as "a great celebration and nostalgic tribute to our distant homeland" but you don't have to be Cuban to enjoy it. Or even know Latin jazz. Just imagine the kind of music Ricky Ricardo might have played!

El Solar de Bebo, on the other hand, is described as mostly jam sessions -- "direct descendants of the ones Bebo recorded ... more than a half century ago."

Although Bebo De Cuba has been available as an import for months (en Español), this CD/DVD combination will be the first edition distributed in US, with a 56-page booklet in English. The DVD has optional English subtitles.


Bob and Tom Radio: The Comedy Tour: Bob and Tom Radio: The Comedy Tour

Bob and Tom Radio: The Comedy Tour: Bob and Tom Radio: The Comedy Tour

Bob and Tom Radio: The Comedy Tour: Bob and Tom Radio: The Comedy Tour. Buy from the official Sony Entertainment Products store. This DVD is in the category Movies Movie Spoken/Comedy/Radio Shows and is listed on Sony's webstore at $11.99 ... UPC: 01438136092 Product ID: IMG3609DVD Release Date: 09/19/2006


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FALL 2005: SECTION 3 of 4: Payola!

FCC Issues
Payola Rules Factsheet

(Washington, DC) ... The FCC has issued a Payola Rules Factsheet in response to ... Commissioner Adelstein

"Federal law, including Federal Communications Commission (FCC) rules, requires that employees of broadcast stations, program producers, program suppliers and others who have accepted or agreed to receive payments, services, or other valuable consideration for airing material must disclose this fact to the broadcast licensee airing the material" states the FCC's new Payola Rules Factsheet. "This is required so that broadcasters have the information they need to disclose to their audiences that the material was paid for."

The fact sheet provides important information in two sections: What the Payola Rules Say and What You Can Do if You Think the Rules Have Been Violated.

The Payola Rules Factsheet is the newest part of the Rules Regarding Broadcast Content section of the FCC web site. Other topics include Program Background Noise and Loud Commercials, Broadcasting False Information, Obscene Profane and Indecent Broadcasts, Contests Lotteries and Solicitation of Funds, FCC and Freedom of Speech, Complaints about Broadcast Journalism, and Complaints about Broadcast Advertising.


NYC's Village Voice is Cynical
About Payola Investigation

(NYC, NY -- August 25, 2005) ... The alternative weekly Village Voice is cynical about the payola investigation and pooh-poohs the Factsheet advice to report Payola to the FCC.:

There is, however, a crucial problem with this: The reason payola of any kind is wrong is that you can't tell when you're hearing it — when what's supposed to be programming, on airwaves that belong to the public, is actually advertising. What are you supposed to do, declare that you hate a song so much you're sure the DJ is wearing new sneakers?

Read the rest of the Douglas Wolk's report: The FCC sweeps Eliot Spitzer's payola findings under the rug.

Radio Payola Tentacles
Reach S. Florida Radio

(Albany, NY -- July 26, 2005) ... A half century after the original Payola scandal hit rock & roll radio, it's back -- and not even on oldies stations. "Payola is a contraction of the words pay and Victrola (LP record player), and entered the English language via the record business" says the history-of-rock.com.

Wikipedia suggests that modern "legal" payola, run by independent promoters, is the reason that "a very large majority of DJs are cut out of the song-picking decisions and are instead told what to play and when (for the most part) by music directors and/or "higher ups" at their radio stations."

In Roger Friedman's Fox News report, Sony Bought Airtime for J-Lo and Others he mentions one memo with a Clear Channel South Florida connection: "We ordered a laptop for Donnie Michaels at WFLY in Albany. He has since moved to WHYI in Miami. We need to change the shipping address."


Hello Direct, Inc.


And Now For Something
Completely Different
About Payola

(Miami, FL -- August 5, 2005) ... "What's truly eye-opening about Spitzer's payola investigation is just how little it cost to buy the airwaves" says Brett Sokol in Miami New Times this week. In Payola on the Cheap Sokol offers a different angle, saying "Bribing DJs used to be expensive, but now mere trinkets will do the trick."

The best part of the article is a sidebar in which some stations and programs immune to Payola are listed... stations that perhaps never heard of J-Lo or Milli Vanilli..

  • Modern School of Modern Jazz, WDNA-FM (88.9), Saturdays 11 p.m. to 1 AM.
  • Weekend Jazz, WLRN-FM (91.3), Saturdays 8 PM to midnight.
  • Nocturno 92, WCMQ-FM (92.3), weekdays 7 PM to midnight.
  • WVUM-FM (90.5) ... The University of Miami station.
  • Old School Quiet Storm, WHQT-FM (105.1), Sundays 8 to 11 PM

Maybe this highlighting the better side of local radio is how the New Times company compensates for their Broward-Palm Beach edition's unconscionable choice of a pirate station for its Best Radio Station award, as described in June Radio News.


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FALL 2005: SECTION 4 of 4: Talk Radiooo T-Shirts Ed Bell's South Florida Arts Beat

NEW! Talk Radiooo T-Shirts!

Be the first one on your block to wear this colorful shirt!

Remember the "whippersnapper" Talk Radiooo cartoon about WJNA and WFTL from June 2005 Radio News? Now you can get it on a T-shirt!

There's also the South Florida Radio Pages 8th Anniversary Mug

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Remember, your purchases help support the South Florida Radio Pages

Ed Bell's South Florida Arts Beat: September Schedule

Coming up on WLRN’s South Florida Arts Beat (SFAB), Fridays at 1 PM, 91.3 FM...

Friday, Sept. 2nd ... Florida’s renowned landscape photographer Clyde Butcher talks about his long career capturing our treasured natural resources on film. His images have awed and inspired people for decades. Learn about his Muck-About Journal and the upcoming Swamp Walks at the Big Cypress Gallery. Director Cathy Leff talks about The Wolfsonian-FIU’s unique Journal of Decorative and Propaganda Arts publication,
The American Hotel and about the museum’s many exciting offerings. If you saw the recent movie, The Life Aquatic, you may have wondered who that guy was singing David Bowie songs in Portuguese. Find out more about Seu Jorge from SFAB contributor Ethan Schwartz. Miami Beach events fill our entertainment calendar courtesy of Michael Aller. Friday, Sept. 9th

Friday, Sept. 9th ... Rockin’ through the late ‘60’s and early ‘70’s, vocalist Grace Slick became a cultural icon. All the while she also expressed her artistic talents on canvas and paper Slick brings her artwork to South Florida and her conversation to SFAB. Classical arts contributor Charles Greenfield speaks with the 1st place winner of the 7th National Chopin Piano Competition, Mei-Ting Sun. Our entertainment calendar and The Radio Buzz with Buzz Fleischman round out the show.

Friday, Sept. 16th ... Richard Ives guest hosts this edition of SFAB. His guests include Michael Tilson Thomas of The New World Symphony and Arnold Mittelman, Producing Artistic Director of The Coconut Grove Playhouse. Ed Bell talks with Michael Andrews of the South Beach Chamber Ensemble. Andy Newman lists exciting Keys events on the entertainment calendar.

Friday, Sept. 23rd ... Richard Ives is the guest host. He’ll speak with David Arisco, Artistic Director of the Actor’s Playhouse at the Miracle Theatre. Ed Bell previews Festival Miami with Dean William Hipp of The Frost School of Music at the University of Miami. Jody Horne-Leshinsky has the details about fun Broward County events on our entertainment calendar and humorist Buzz Fleischman returns with The Radio Buzz.

Friday, Sept. 30th ... South Florida’s own Johnny Rodgers is singing and playing his way to the top. A great pianist, vocalist and songwriter, this talented young man’s new CD is Box of Photographs He’ll perform live in our studios. The entertainment calendar concludes another live performance on SFAB.

Future topics include The Beethoven Society, New World Symphony, Broward Caribbean Carnival, Ft. Lauderdale International Film Festival, musician Kenny Millions, Blues/R & B singer Bobby Stringer, authors Bob Kealing and John Moran, Beth Boone of Miami Light Project, Miami Jewish Book Festival, Mary Luft of Tigertail Productions, Justin Moss with The Florida Grand Opera, The Key West Symphony, Miami Book Fair International and author Chuck Goldstone and Laura Quinlan of The Rhythm Foundation among other stellar South Florida artists, national visitors and local events.

FALL 2005: SECTION 1 of 4:
Florida's New Scanner Law

by Robert Wyman

FALL 2005: SECTION 2 of 4:
Bebo De Cuba DVD Filmed at WDNA

FALL 2005: SECTION 3 of 4:
Payola

FALL 2005: SECTION 4 of 4:
Talk Radiooo T-Shirts,
Ed Bell's South Florida Arts Beat

Page hatched on: September 2005

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