FCC enforcement action on unlicensed FM broadcast station

[Greg Young]

Hi folks

I thought I would share this with you. My associates in one of the field offices sent me an email, to share with my "Christmas buddies", regarding unlicensed FM station operation.

This NAL was recently issued here in NYS, following an investigation stemming from the fall of 2009. I can share it, as it is now public record. And yes, I can tell you first hand that federal and state organizations move at times very slowly, due to significant backlogs, and reduced staffing. This action was hanging over the operator's head for about one year, which was certainly was not a pleasant prospect!

The station involved was unlicensed, and low power (not a flea powered part 15 device that most of us use). BTW, low power FM broadcasting is defined as between 1 and 10 watts output.

This investigation followed a complaint from the public.

The issues in this case are 2 fold:

1) unlicensed operation - that's clear to most I am sure

2) failure to maintain of station broadcast log (all broadcasting stations are required to maintain an log of what is being broadcast, which must be accurately timed).

I am sharing this with all of you. It is not my intent to address the vast majority of you operating with the usual 10 - 25 mwatt, etc operation whose signal may go "outside" the approximately 200 ft allowable radius of operation, but rather those of you who I know are running one watt, or higher, output transmitters, whose signals are going much farther. That output puts the operator in this category of low power unlicensed operation

Bottom line is that I really don't want any of our decorating family to get burned! That is my only reason behind this post. It is not my intent to discourage anyone from using AM/FM broadcasting as part of their displays. I am only suggesting folks should use this privilege as it is intended.

Greg

Here is the NAL, with the individual's name redacted by me:

October 25, 2010 – (New York) FCC issues $10,000 NAL to suspected pirate. The Federal Communication Commission's (FCC's) enforcement bureau has issued a $10,000 notice of apparent liability (NAL) to the operator of an unlicensed station at 90.5 FM in Spring Valley, New York. In October 2009, agents responded to a complaint and traced a signal to PC Taxi Services and PC Auto Repair in Spring Valley, and were referred to the owner. The owner then showed the agents a room where, according to the NAL, agents "observed a radio station in operation." He also led them to the roof, where an FM antenna was found, and to an attic where a transmitter was behind a stack of tires. He told the agents he was letting a friend operate the station, and turned off the transmitter at the agents' request. The bureau then sent a notice of unlicensed operation to the owner, who responded by denying he had any knowledge of the station. The bureau was not persuaded, saying, "The facts show that he had control of the station and was involved in the general conduct or management of the station." The operator has 30 days to either pay or file a written response seeking a cancellation or reduction of the forfeiture. Additionally, the Enforcement Bureau has issued a $10,000 NAL to XXX (I redacted the name) saying that NY's public inspection file was not available when a bureau agent inspected the station during regular hours, and that issues/programs lists were missing from the file.

[Guest wbottomley]

Great info Greg.

I wonder now if all of those people with high power transmitters will give it a second thought.

The Demented Elf did a presentation of FM broadcasting at the Christmas Carolina Convention this past summer. You find it here: http://www.christmascarolina.com/content.php/125-2010-Convention-Presentations

[Guest guest]

That's why I have an attenuator on mine, but I have also found that WEATHER CONDITIONS can also affect the distance of the FM Tranmissions (I use a Mobile Black Box FM Transmitter). On some days my transmissions ARE WHERE they should be, although on some days or nights, it still gets out a little further than I'd like it too, usually about a block away, then it becomes erratic/staticy, but can still be picked up in this mode (breaking up/very staticy) within close to a half-mile radius.

So this makes me wonder if there is something else I need to do to reduce the signal even further, I bought the 50 ohm attenuator that was recommended and when I first installed it, the signal wouldn't even get to the street behind our house or more than 4 houses down without breaking up.

So basically, am I safe with what I have or do I need to do something more?

The FM transmission signal usually does get very erratic about the time you make it to the stop sign at the end of our street, but sometimes at night it stays somewhat clear, but not perfectly, near our community area, which is about 2/10 mile or slightly less from our house where we transmit our show from.

This seems to be one of the most difficult and touchiest areas we hobbyists have that want to be able to transmit our display music, but find it very difficult to know how to make sure we stay in compliance with FCC requirements for our transmitters. Hence why I put an attenuator on mine and keep the antenna low, mounted to the front of my house (garage wall) about 4, maybe 5 feet off the ground.

So with this set up, just what are my chances for a visit from the FCC? I'm hoping none.

I just want to keep everything legal and where it should be. So if I do need to make more changes to my set up, any recommendations on lowering the power even more with a different attenuator? Can you stack attenuators back to back to lower the transmission range?

[Paul Roberson]

Orville wrote:

That's why I have an attenuator on mine, but I have also found that WEATHER CONDITIONS can also affect the distance of the FM Tranmissions (I use a Mobile Black Box FM Transmitter). On some days my transmissions ARE WHERE they should be, although on some days or nights, it still gets out a little further than I'd like it too, usually about a block away, then it becomes erratic/staticy, but can still be picked up in this mode (breaking up/very staticy) within close to a half-mile radius.

So this makes me wonder if there is something else I need to do to reduce the signal even further, I bought the 50 ohm attenuator that was recommended and when I first installed it, the signal wouldn't even get to the street behind our house or more than 4 houses down without breaking up.

So basically, am I safe with what I have or do I need to do something more?

The FM transmission signal usually does get very erratic about the time you make it to the stop sign at the end of our street, but sometimes at night it stays somewhat clear, but not perfectly, near our community area, which is about 2/10 mile or slightly less from our house where we transmit our show from.

This seems to be one of the most difficult and touchiest areas we hobbyists have that want to be able to transmit our display music, but find it very difficult to know how to make sure we stay in compliance with FCC requirements for our transmitters. Hence why I put an attenuator on mine and keep the antenna low, mounted to the front of my house (garage wall) about 4, maybe 5 feet off the ground.

So with this set up, just what are my chances for a visit from the FCC? I'm hoping none.

I just want to keep everything legal and where it should be. So if I do need to make more changes to my set up, any recommendations on lowering the power even more with a different attenuator? Can you stack attenuators back to back to lower the transmission range?

If with what you have done already you are still worried about it. Call the FCC and invite them over to your house. Show them your set up. Let them take their measurements. They will let you know if your OK or not.

[jjdurrant]

Interesting. Maybe I missed it, but what was this radio station used for?

[Guest guest]

Paul Roberson wrote:

Orville wrote:

That's why I have an attenuator on mine, but I have also found that WEATHER CONDITIONS can also affect the distance of the FM Tranmissions (I use a Mobile Black Box FM Transmitter). On some days my transmissions ARE WHERE they should be, although on some days or nights, it still gets out a little further than I'd like it too, usually about a block away, then it becomes erratic/staticy, but can still be picked up in this mode (breaking up/very staticy) within close to a half-mile radius.

So this makes me wonder if there is something else I need to do to reduce the signal even further, I bought the 50 ohm attenuator that was recommended and when I first installed it, the signal wouldn't even get to the street behind our house or more than 4 houses down without breaking up.

So basically, am I safe with what I have or do I need to do something more?

The FM transmission signal usually does get very erratic about the time you make it to the stop sign at the end of our street, but sometimes at night it stays somewhat clear, but not perfectly, near our community area, which is about 2/10 mile or slightly less from our house where we transmit our show from.

This seems to be one of the most difficult and touchiest areas we hobbyists have that want to be able to transmit our display music, but find it very difficult to know how to make sure we stay in compliance with FCC requirements for our transmitters. Hence why I put an attenuator on mine and keep the antenna low, mounted to the front of my house (garage wall) about 4, maybe 5 feet off the ground.

So with this set up, just what are my chances for a visit from the FCC? I'm hoping none.

I just want to keep everything legal and where it should be. So if I do need to make more changes to my set up, any recommendations on lowering the power even more with a different attenuator? Can you stack attenuators back to back to lower the transmission range?

If with what you have done already you are still worried about it. Call the FCC and invite them over to your house. Show them your set up. Let them take their measurements. They will let you know if your OK or not.

I just like to keep my you know what covered! It's been transmitting since 9/28/2010 from 7am-6:50pm for my off hours and 7pm-11pm during show times (although initially was 6pm-11pm). And haven't had any "visits" from any of the MIB. LOL

So sort of doubt I will, but still I just like to know what my chances might be of a visitation from unwanted visitors.

[Guest wbottomley]

jjdurrant wrote:

Interesting. Maybe I missed it, but what was this radio station used for?

Can't tell because it's the biggest secret known.

[Greg Young]

Orville, don't sweat it, and please don't call your field staff! In fact I would encourage folks to just use a little common sense in running their transmitters, and keep this kind of operation off the official radar...

The issue I was addressing was high power (one watt or greater) units that I know some are using. My post followed a friendly tip, and was not designed to get folks worried about going a little farther than they should with a part 15 device.

To put this in perspective, with an external antenna that's reasonably efficient, and decent coaxial cable a 1 watt output unit will easily put out a signal that will travel at least 5 miles (and usually quite a bit more) depending on terrain (line of sight)

Given governmental staffing issues, practically speaking the only time you will ever get a visit is if there is a complaint. If you are on a clear frequency, there won't be an issue, if you are using the garden variety part 15 devices (ie the 10 - 25 mw units).

If there is a complaint, and you aren't running significantly beyond part 15 allowances (most FS I know are really good guys, and they will allow some slack given the intended use), you will simply be told to stop operating on the frequency that the complainant identified as an issue, and use another.

The NAL I shared involved a unit that should have been licensed as a low power unit (ie 1 - 10 watts tx output). He would not have gotten that running a 25 mwatt unit like most of us run...

Hope that helps alleviate any unintended anxiety my post may have created. It was certainly not my intention!

I was only trying to get this message to a select few, and hopefully head off any future issues....

Greg

[Greg Young]

Mountainwxman wrote:

jjdurrant wrote:

Interesting. Maybe I missed it, but what was this radio station used for?

Can't tell because it's the biggest secret known.

That was a good one Bill!

Actually it was broadcasting music - not Christmas, but some type of "ethnic" music. It had nothing at all to do with the taxi service/repair shop, other than the owner allowed his "friend" to use his site to house the antenna and transmitter which, by the way, was hidden from general view, so he clearly knew it was not legal!

It was on the air when FS arrived, and was promptly shut down, per FS request.

Even though he did not install the equipment, because it was in operation on his premises, and he was aware of its presence and intended use, he took the hit of the NAL, not the friend whose equipment it actually was! (That's why he is now denying he knew what it was being used for, I assume based on the advice of his lawyer).

BTW, as a side note, the owner of the building actually did have a problem with his licensed land mobile service as well, as he was licensed for different location. When he moved he was supposed to let the FCC know of his new location, elevation, and the ERP of his station, etc., which he didn't. That happens fairly frequently, and was not the focus of this investigation, so he was just required to submit that information to update the freq. database.

Greg

[Guest guest]

Greg, I wouldn't call them unless it was absolutely necessary. Just know how it was BEFORE the CB Heydeys when I was into CB radio hot and heavy before Smokey and the Bandit movies popularized it so much that the FCC got so overwhelmed they had to end up doing licensing for CB Radio, which in my opinon broadcast 4-5 miles and are two-way, which I would say an FM transmitter would fall into that category.

I know the FREQ' I am on in my area is open, but on the opposite side of town where I live you can pick up a distant station on that freq. And I can hear it when I start getting out of range of my transmitter, but its just as broken up and staticy as my transmission in the same area where they seem to fight for the freq. So I'm not really interfering with it since it doesn't come in clean and clear where I am. Matter of fact, I pick up absolutely nothing from that freq I use in my area and I actually believe it's a "bleed-over" from another station as I have never heard them use the freq number I am on, I use 95.9 FM and from what I could get from their static/broken transmission sounds like they are on 96.2 or something close to it.

But I just remember a lot of folks before the licensing for CB's got lifted, and even after, mostly to those running a linear on their rig, especially since linears were and are still illegal on a CB unit, anywhere many got fined some big bucks for using their call letters on an expired license, but the illegal rigs with the linears really got hit, even back then the fine for that was $10,000 and even possibly jail time not to exceed 5 years went right along with it.

So anytime someone may bring up an issue, especially about two-way or FM transmitters, chances are I may ask a question, mainly to make sure I am within the compliance standards. And from what I've read and looked at, I think I good to go where I am at. But it never hurts to check, double check or triple check just to be safe.

I just know if I remove the attenuator from the FM Transmitter I use, then this thing can transmit over a 5+ mile radius very easily, and that was my biggest concern when reading compliance issues and ranges of where an FM transmitter should be operating for our type of display usage. But the biggest range I geet without the attenuator is mainly to the neighborhood that is way back behind us and across the lake. So I think that is why I get that 5+ range back there, nothing blocking it except the house across the street, other than that, across the lake is a clear, clean shot to the back neighbor. And this is a very LARGE lake too!

[Greg Young]

Ok Orville, sounds good! I remember those CB days well.

In fact I can still remember my CB callsign (KBCV1809)! I am not sure why that stuck with me for all these years, as I haven't used it since the 1970's...

I just wanted to make sure folks who run stations that exceed the range a bit didn't misconstrue the intent of my posting, and get concerned. It wasn't addressing that type of operation, rather those with an excessive range due to higher power/higher gain external antennas...

Greg

[Guest guest]

Greg Young wrote:

Ok Orville, sounds good! I remember those CB days well.

In fact I can still remember my CB callsign (KBCV1809)! I am not sure why that stuck with me for all these years, as I haven't used it since the 1970's...

I just wanted to make sure folks who run stations that exceed the range a bit didn't misconstrue the intent of my posting, and get concerned. It wasn't addressing that type of operation, rather those with an excessive range due to higher power/higher gain external antennas...

Greg

I remember mine as well KMB9213, had it for years and still used it even after the CB craze took off, but the airwaves just got so congested, many of us gave up on the CB and left the airwaves because you just couldn't get a decent conversation going with a friend or friends after that fiasco! Of course today if I transmitted that call sign like I used to do in the "olden" days, they'd probably think I was a mass murderer or something. I "jokingly" used to announce my call sign when I had to break it down for someone over the air that didn't quite understand it as K as in Kill, M as in Murder, B as in Brutally and I have 9 nine thousand two hundred thirteen victims to my credit. Today, some idiot would probably take that as serious and the pour soul would be getting a visit from the local law enforcement department.

Sometimes when my transmitter does exceed what I think it should be, I must admit it does make me a wee bit nervouse, but appears it's not something that should from what I've been reading (and hearing) from others on the subject.

I have a guy that was asking me about my transmitter the other day and wanting to know how he could get more range and power out of it to broadcast over the entire city of Orlando. I told him real quick, #1. I can't answer how to make the range or unit more powerful, not my area of expertise in the electronics field.

And #2. transmitting that way on an unlicensed station would get you a visit from the MIB (FCC) and they may do several things to you, $10,000 fine, confiscation of all your equipment and God knows what else they may confiscate and possibly even jail time that could be 5 years (or more) depending on varying factors. But if you do it, just remember what I told you when the FCC knocks on your front door!

But from this idiots attitude, I'll bet he will try and do it anyway. Some people just don't listen or want to learn what may/may not happen by doing something so dumb.

And it's one of the main reasons I may ask questions or concerns on this particular subject is to be safe and not sorry.

[George Simmons]

Greg Young wrote:

I am not sure why that stuck with me for all these years...

A brain quirk of some kind, no doubt. 7T01C209900 - the serial number of my '67 Mustang (which my brother demolished in the early 70's when he used it to try to move an oak tree.) I can't remember where I set the book I was reading this morning, or the last goofy thing that Max has said, but that serial number doesn't seem like its ever going away.


Thanks for the info Greg.

[PaulXmas]

Hey I remember the CB days. Mine was ummm I think it was XM 12 bla bla bla...

[Guest guest]

And we had "Coffee Breaks", many times as a spur of the moment thing, and we actually DRANK COFFEE at them too. LOL

[JeffF]

Orville wrote:

And we had "Coffee Breaks", many times as a spur of the moment thing, and we actually DRANK COFFEE at them too. LOL

MMMMmmmm... coffee!

[rwertz]

OK my license (my dad's) was KID3448. I was still essentially a kid, how cool was that?

While we're reminiscing, we might as well own up to our handles. Mine started as Rocketman. But my friends eventually decided I would be known as "Rocket Reg" :cool:

[TJ Hvasta]

I remember those days too.. Smokey reports, coffee breaks, yeah, when you actually drank coffee LOL! KXJ0979 was mine, handle was Citation, named after the biz jet.. I was so impressed by band openings (skip and SSB) that I wanted to do it all the time, so I graduated to Ham Radio.. I've been in that almost 35yrs..

[Guest guest]

rwertz wrote:

OK my license (my dad's) was KID3448. I was still essentially a kid, how cool was that?

While we're reminiscing, we might as well own up to our handles. Mine started as Rocketman. But my friends eventually decided I would be known as "Rocket Reg" :cool:

Very interesting! Mine originally started out as "Seaboard" because of my love for trains and the Seaboard Coast Line Railroad I grew up around, but since no one seemed to understand that alias/handle, I ended up changing it to "Silver Rocket", mainly because my late father worked in the Aerospace Industry, in which I followed his footsteps for quite a few years myself. And when I quit doing the CB thing I sort of retired that alias, when I did get on a CB a few years ago, some young snuff claimed that Silver Rocket was his handle and I couldn't use it.

So I asked what are your call letters that identify your station and handle? Put a stump on him. LOL I said that Silver Rocket was my handle and I created back on October 1, 1965 when I was in Junior High School and that it had been registered with the FCC. (Which we know we didn't register aliases, at least I don't remember if we did or not). But the kid had to concede that I was older and definitely had the alias long before he did. LOL

Sometimes its just fun to get on a CB and mess with the younger set. ROFLMA

[Guest guest]

TJ Hvasta wrote:

I remember those days too.. Smokey reports, coffee breaks, yeah, when you actually drank coffee LOL! KXJ0979 was mine, handle was Citation, named after the biz jet.. I was so impressed by band openings (skip and SSB) that I wanted to do it all the time, so I graduated to Ham Radio.. I've been in that almost 35yrs..

TJ, I always wanted to do that too. My art teacher in High School was trying to teach me all I needed to know to acquire my ham license, but back then (1972-1976 era), you had to be proficient in Morse Code by memory and I could never get it right, so I ended up giving up on getting my Ham Radio License.

Although I hear the Morse Code is no longer part of the test, so I've thought about trying to do it again, but just never seem to have the time to look up the latest requirements to get a Ham license.