New Jersey Requires Licenses for Certain Radio Transmissions

New Jersey has a law, Section 2C:33-23.1 of the New Jersey Code of Criminal Justice, that requires licenses for certain types of radio transmissions in the state. This law makes it illegal to transmit radio signals without proper authorization from the Federal Communications Commission (FCC). Let’s take a look at what the law covers, penalties for violations, and implications for amateur radio enthusiasts and others operating radios in New Jersey.

Exemptions Under the Law

There are some exemptions to the licensing requirement under 2C:33-23.1. These include:

• Radio transmissions authorized under Part 15 of the FCC rules, which covers low-power unlicensed devices like WiFi routers, Bluetooth, garage door openers, and other common electronics.
• Amateur radio operators who hold a valid amateur radio license issued by the FCC. Hams are permitted to make transmissions on designated amateur radio bands under Part 97 of the FCC rules.
• Citizens band (CB) radio operators transmitting on the authorized CB frequencies between 26-27 MHz at 4 watts of output power or less, in accordance with Part 95 of the FCC rules.

So if you’re operating Part 15, amateur radio, or CB equipment within the technical parameters of those FCC rules, you are exempt from needing an additional state license under the New Jersey statute. However, all other radio transmissions do require a license or authorization from the FCC.

Penalties for Violations

If you are caught transmitting radio signals in violation of 2C:33-23.1, it is a criminal offense. The law categorizes unlicensed or unauthorized radio transmissions as a crime of the fourth degree in New Jersey.

The potential penalties upon conviction include:

• Up to 18 months in jail
• Fines up to $10,000
• Probation up to 5 years

The law also allows courts to order forfeiture of any equipment used to commit the violation. So your amateur radio gear, CB radio, or other transmission devices could be seized by law enforcement if used unlawfully.

Implications for Amateur Radio and Scanners

What does this mean for hams and radio hobbyists residing in or traveling through New Jersey? The main impact is that you must ensure your transmissions are only made under the scope of your valid FCC amateur radio license. As long as you operate within the privileges of your license class and call sign, you are exempt from needing any additional state permit under 2C:33-23.1.

Listeners using scanners or receivers to monitor broadcasts and public service frequencies are not impacted, since you don’t transmit anything. But keep in mind that New Jersey has additional laws prohibiting the use of scanners while committing indictable crimes or interfering with government communications.

Practical Advice for Staying Legal

• If you transmit on amateur radio frequencies, always have your current FCC amateur radio license with you as proof of exemption from state licensing requirements.
• Avoid transmitting on frequencies not covered by your FCC license or outside Part 15 rules. Accidental out-of-band operations could potentially lead to violations.
• Use the minimum power necessary to maintain communications and avoid interference complaints.
• Be familiar with New Jersey’s other radio regulations like 2C:33-22 prohibiting possession of police/fire radios by unauthorized persons.
• Consult with an attorney if unsure whether your particular radio transmission activities would be exempt from licensing under the law.

Staying compliant with 2C:33-23.1 is usually straightforward for legitimate FCC-licensed users like hams or GMRS operators. But pirate broadcasters, unlicensed long-range WiFi links, and other rogue radio activities clearly violate the law if conducted in New Jersey. Understanding the rules and penalties can help you avoid getting into trouble.