Miami Unlicensed Broadcaster Hit With $20,000.00 Nal

[KX6D]

(also posted over at PC forum)

Greetings fellow Christmas Enthusists! Let me preface this report in saying that I don't believe the FCC is going to come to your house and shut down your Christmas show. But some people on here might get the idea that they can broadcast 24/7 and exceed the intended rules of whole house broadcast transmitters.

Believe me when I say I FULLY understand the need for MORE POWER and wanting to put on a great show! I also understand the alure to start up your own little radio station! One of my favorite movies is "Pump Up The Volume"! But I recommend using only the necessary output power to get the job done, and keeping your broadcasting centered around your light shows! What output power is that? One that gives you a great show, but doesn't extend much beyond direct line of sight for the spectators who came to see your show. If you can hear it in the next county, maybe its a bit too much? ;-) Let's keep Christmas Shows off the FCC's radar!

Or you could go this route...

=== BEGIN REPORT ===
From: Amateur Radio Newsline Report 1757 April 15 2011

If you are operating an unlicensed radio station, don't advertise it on the Internet. That's the lesson that Florida resident Marckenson Bazile is learning the hard way as the FCC issues him a $20,000 Notice of Apparent Liability for his alleged operation of an unlicensed radio transmitter on the frequency 103.9 MHz from his residence in the city of Miami.

According to the Commission's March 29th release, on June 16 2010 and again on June 29 2010, Mr. Bazile is alleged to have operated an unlicensed radio station on the frequency 103.9 MHz from his residence. Information on the Internet also showed that Mr. Bazile served as a D-J for a radio station on the frequency 103.9 MHz that the regulatory agency says was an unlicensed operation.

The FCC says that because Mackenson Bazile knowingly operated the station, it finds the apparent violation was willful. Because the operation occurred on more than one day, it also finds the apparent violation was repeated. Based on the evidence before it the $20,000 N-A-L has been issued to Brazile. He was given the customary 30 days to pay or to file an appeal. (FCC)
=== END REPORT ===

Merry Christmas!

Dino - KX6D

[Guest guest]

That FCC report is very vague. The only thing I can see that got this guy into trouble is he was using it as an actual radio station and acting as a "DJ", it does not state that these were voice-overs like used in the Christmas displays, but sounds to be "live" broadcasts and "acting as a DJ", I believe there to be a BIG difference in DJ'ing an unlicensed station as opposed to voice-overs. Moreover, him acting as a DJ, he may have been utilizing something to denote the FM transmitter he was using that would make it sound and look to be a "commercial", "licensed" station.



A Few things I know in the FCC rules about FM transmitters is:

#1. Never, ever, EVER broadcast on a licensed frequency that is in operation in your area. If your FM tranmsitter bleeds over on a commercial, licensed station, FIND ANOTHER FREQUENCY to use!

#2. NEVER IDENTIFY the station with any type of call sign, call letters, or call numbers! Not even your address or name. However this does not mean you can not have a voice-over that would say "Welcome to the {insert name here} Holiday LightShow Display" with info about the show and times it operates.

What you can't do is state "Welcome to 103.9FM {insert name here} Radio", THAT would get you a visit from the FCC and fined just like in the above, as this makes it sound like a licensed station. THIS IS WHAT SHOULD BE AVOIDED AT ALL TIMES!

#3. Keep the range as limited as possible within the range permitted. At the moment I don't recall the exact range permitted.

So the above may just get you a visit from the FCC!

However, the above statement on the person using the FM transmitter as a "radio station" is still very vague in the respect, we don't know exactly how this person was broadcasting, power he was using to broadcast or what he was broadcasting. So we honestly don't have enough info here to truly compare it to what we do with our displays.

Weather conditions *DO* play a hard cold fact in how far a transmission can get out, just know mine doesn't get out too far, but if the weather conditions are right, it can get out a little farther than it should, even with an attenuator on it.

As long as we're following pretty much what the FCC expects of an unlicensed FM transmitter, we should all be fine, it's when you start using and calling your FM Holiday Transmissions a Radio Station, and naming it, is where I would think the issue at hand would come in. And possibly prompt a visit from the FCC.

[ItsMeBobO]

Thanks KX6D

More here.
http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0329/DA-11-567A1.txt

When discovered this guy moved his transmitter and continued his station operation. So his fine was raised from $10k to $20k.

The article failed to mention how strong the signal measured. But did say section 15.239 of the Rules provides that non-licensed broadcasting in the 88-108 MHz band is permitted only if the field strength of the transmission does not exceed 250 mV/m at three meters.

Can someone explain how strong that is?





Update... found the info here. http://www.fcc.gov/eb/Orders/2007/DA-07-4938A1.html

Section 15.239 of the Rules provides that non-licensed broadcasting in the
88-108 MHz band is permitted only if the field strength of the
transmission does not exceed 250 mV/m at three meters. 47 C.F.R. S:
15.239. On August 7 and 8, 2007, the measurements indicated that the
signals were 5,948, and 5,696 times greater, respectively, than the
maximum permissible level for a non-licensed Part 15 transmitter.

Section 15.239 of the Rules provides that non-licensed broadcasting in the
88-108 MHz band is permitted only if the field strength of the
transmission does not exceed 250 mV/m at three meters. 47 C.F.R. S:
15.239. On August 16 and 17, 2007, the measurements indicated that the
signals were 11,575, and 10,992 times greater, respectively, than the
maximum permissible level for a non-licensed Part 15 transmitter.

[ItsMeBobO]

Another update from same fcc document. Even after getting busted 4 times at up to 10k times allowed strength, fine was reduced because he asked.

10. We have examined Mr. Bazile's response to the NAL pursuant to the
statutory factors above, and in conjunction with the Forfeiture Policy
Statement. As a result of our review, we conclude that Mr. Bazile
willfully and repeatedly violated Section 301 of the Act. Although
cancellation of the proposed monetary forfeiture is not warranted,
reduction of the forfeiture amount to $1,450 is appropriate based on
his demonstrated inability to pay.


11. Accordingly, IT IS ORDERED that, pursuant to Section 503( of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80(f)(4) of the Commission's Rules, Marckenson Bazile IS LIABLE FOR
A MONETARY FORFEITURE in the amount of one thousand four hundred fifty
dollars ($1,450) for violation of Section 301 of the Act.

[LORi P]

How does one measure mV/m? What kind of equipment is needed?

Does the FCC have any kind of temporary, non commercial license or approval for such things as our light displays?

[Guest guest]

LORi P wrote:

How does one measure mV/m? What kind of equipment is needed?

Does the FCC have any kind of temporary, non commercial license or approval for such things as our light displays?

Can't answer your first question. But to answer your second, simply put, No, the FCC DOES NOT offer any type of non-commerical licensing for low-power part 15 FM transmitters.

It would be nice if they did, like in the older days of CB when you bought a license for $20 that was renewed once every 5 years. But that was 2-way communications and CB's also fell under the part 15, but could transmit and receive within a 5 mile radius. Kind of funny how a CB was permitted that range under Part 15 of the FCC rules way back when, but an FM Transmitter is not given that same benefit by actually offering a "public use" or "non-commercial licesne".



If one was offered like that, $20/5year span, I'd purchase one in a heartbeat! But there isn't, so we do what we have to do to try and keep it within the guidelines of the FCC rules.

[Guest guest]

I thought FM transmitters were allowed more footage than this!

Just did a conversion and 3 meters only equals: 9.84251968503

Basically 9.8 feet.


EDIT: Found this:
The maximum allowable distance from the FM transmitter is 200' per the FCC. Which 200 Feet = 60.96 Meters

Read here:

http://www.drivebybroadcaster.com/FCC/am-versus-fm-transmission-distance.pdf



So it would appear some of us are still "over these limits" because I've been to displays that you can pick up the transmission from 1/10 of a mile away, which equates to 528', which is 328' over the FCC's 200 foot limits! Now I do wonder if that would prompt a visit from the FCC, seeing the distance is basically twice the distance permitted. I think the distance the FCC allows on these things should be set at a minimum of 500', sometimes 200' just won't work, as I've seen houses that sit a lot further back than that from the roadway using tranmsitters to broadcast their music on both static and animated displays!


I wonder just how many of us are in violation of this and maybe not even or even realizing it and "ignoring" it!


Now my question on these limits are: When is the distance breached? Is it only if a "clear" signal is heard from that distance? If the tranmission can be picked up from 1/10 of a mile away, but it is staticy, breaks up and drops out, does that still constitute a violation of the FCC range?

I'd be very curious to know just when does the transmission actually fall into violation by the FCC, does the signal have to be crystal clear or does it still count if the freq is distorted and broken past the set limits of the 200' rule?

[Guest guest]

Here is something I found very interesting and didn't know!

Can I sell my home built Low Power FM Transmitter or FM Transmitter Kit?

No, You can not build a FM Transmitter from scratch or a kit and then sell, lease or rent it.

Now this tells me once you buy and build an FM Transmitter kit or one of your own design, it is now illegal to sell it, you're basically stuck with it!

Sure seems like a lot of folks are in violation, since I've seen kits that were built for sale by many folks wanting to upgrade or get a newer or better transmitter, which from what this states, is completely ILLEGAL to do!:shock:

You can read a lot more here (makes for some very interesting and informative reading on FM Transmitters):
ANYONE considering purchasing and/or currently using an FM Transmitter should read this site!


http://www.fmtransmitterreview.com/frequently-asked-questions.html#how_far_can_a_low_power

[Alan C]

Orville wrote:

I'd be very curious to know just when does the transmission actually fall into violation by the FCC, does the signal have to be crystal clear or does it still count if the freq is distorted and broken past the set limits of the 200' rule?

I believe the output power is given as a distance measurement, as it is easier for the general public to understand. Field strength is also used, as the gain of the antenna also has to be incorporated. If you want the maximum power radiated by the antenna, then this is 0.01333 watts, which is considerably less than most of the radio transmitters that are discussed here.

Regards,

Alan.

[Guest guest]

Alan C wrote:

Orville wrote:

I'd be very curious to know just when does the transmission actually fall into violation by the FCC, does the signal have to be crystal clear or does it still count if the freq is distorted and broken past the set limits of the 200' rule?

I believe the output power is given as a distance measurement, as it is easier for the general public to understand. Field strength is also used, as the gain of the antenna also has to be incorporated. If you want the maximum power radiated by the antenna, then this is 0.01333 watts, which is considerably less than most of the radio transmitters that are discussed here.

Regards,

Alan.

I, like LORi would like to know, what do you use to test this youself? Will a CB RF Meter used to calibrate a CB Antenna give you this information?

I have tried to look up how to check this range, but have found nothing showing me what kind of equipment, meter or item I need to get to do this.

What does the FCC use to verify and get this information from an FM transmitter?

[Ron Amedee]

This is the meter I have..I deal with two watt Tranceivers at work..Using the correct Attenuator I can go as low as miliwatts up to hundreds of watts..Receive and transmitt power.



nstructions



things you'll need:

• 
  
• Transmitter or transceiver
  
• Resonant antenna or dummy load
  
• RF wattmeter
  
• Coax jumper cable

1. 
   
2. • 
     
   • 1
     
     
     Disconnect the antenna feedline from the transmitter output. Connect the line to the output of the wattmeter.
     
     
   • 2
     
     
     Connect the coax jumper from the transmitter output to the wattmeter input.
     
     
   • 3
     
     
     Turn on the radio. Tune the transmitter to a clear frequency.
     
     
   • 4
     
     
     Key the transmitter in CW, AM or FM mode. Read the wattage directly from the meter. For SSB power measurement, key the transmitter and say "aaaah" directly into the microphone, in a normal tone of voice, for as long as it takes to get a clear reading from the meter.
     

[KX6D]

The above method will give you power output (in watts) of the transmitter only. This is NOT what 15.239 is looking for.

15.239 references radiated signal strength (in millivolts per meter) at a specific distance (/meters) from the transmitter/antenna. You see this alot in AM broadcast specifications, but at MUCH higher distances. You use a Field Strength Meter to test this.

Again, the purpose of the original post was NOT to scare you in setting up your Christmas shows, but to inform you that if you want to become an ALL DAY Christmas Music Broadcast Station, you could run into problems.

I have a NEW Whole House 2.0 transmitter I bought here and I dislike it immensely! It barely gets across the street! I tested it and it has maybe 10 minutes on it. Not sure if I will rip it apart and do a couple of mods, or sell it at a loss.

I'm also having a custom antenna made for me by a local antenna company in Texas. I'll be purchasing a better quality FM transmitter too. And on my honor, I will do my best to limit my signal distance to a couple of hundred feet (but boy will the signal ROCK in those couple of hundred feet!).

I share this with you because I fully understand the need for a quality signal! But I'm also aware of the rules that regulate said signal.

Have fun at Christmas and be a good neighbor and you will never ever ever hear from the FCC! If you do, contact me and I'll help you out.

Dino - KX6D

[evan.a]

I have been visited by the FCC while I live in NJ 4 years ago. long story short. Don't exceed any further than anyone can see your house. 200 ft is the max, but a little over is not that bad. .05 w is max you are allowed. 1 w will set up a visit.

funny,... I was using a belkin. when my neighbor called.

[Guest guest]

KX6D wrote:

I'm also having a custom antenna made for me by a local antenna company in Texas. I'll be purchasing a better quality FM transmitter too. And on my honor, I will do my best to limit my signal distance to a couple of hundred feet (but boy will the signal ROCK in those couple of hundred feet!).

I share this with you because I fully understand the need for a quality signal! But I'm also aware of the rules that regulate said signal.

Have fun at Christmas and be a good neighbor and you will never ever ever hear from the FCC! If you do, contact me and I'll help you out.

Dino - KX6D

Did you see this:

Unique Antenna Connection [15.203]
The FCC says that a "unique antenna connection" is "one that is not of a standard type found in electronic supply stores."

The official legal text is written as follows:

[align=left]

"An intentional radiator shall be designed to ensure that no antenna other than that furnished by the responsible party shall be used with the device. The use of a permanently attached antenna or of an antenna that uses a unique coupling to the intentional radiator shall be considered sufficient to comply with the provisions of this Section. The manufacturer may design the unit so that a broken antenna can be replaced by the user, but the use of a standard antenna jack or electrical connector is prohibited.

"[/align]

[align=left]That sounds to me that custom made antennas are also a violation of the FCC rules for an FM transmitter and only manufacture supplied or replacements are acceptable. But a replacement substitute is okay, if it can be purchased as a ready-made antenna in an electronics or radio shop.[/align]At least that IS my comprhension of the above statement.

[align=left]Like stated, that site url I posted above in another response has a ton of info that many of us ARE NOT even aware of, and can possibly get us caught up in a real mess.

[/align]

[align=left] [/align]

[Alan C]

Orville wrote:

. . . That sounds to me that custom antennas are also a violation of the FCC rules for an FM transmitter and only manufacturered supplied or replacements are acceptable. . .

My understanding of the FCC Part 15 licence exemption is that the transmitter and antenna are certified together as an assembly. Adding a different / larger antenna can increase the antenna gain and will invalidate the original approval. It may also increase the "effective radiated power" which is what is being measured by the field strength.

Regards,

Alan.

[KX6D]

My antenna has been designed for the FM market, exhibits ZERO gain, but has virtually NO LOSS at the feed point. :cool: And is 100% legal for its intended purpose.

Again... does the FCC care? Not unless you are causing problems. They have bigger fish to fry! I fully expect to be well within the FCC's guidelines this holiday season and I will NOT be broadcasting 24/7 or when the show is not running.

I had dinner once with the FCC's West Coast District Director (Catherine Deaton). She is now retired but was a real kick in the pants! Oh the stories she could tell!

Dino - KX6D

[-klb-]

If "legal" is approximately equal to output from a 10mW transmitter, (for sake of discussion) and this guy was 10,000 times legal field strength, am I out in left field thinking this guy was running at about 100W?

[garyfunk]

LORi P wrote:

How does one measure mV/m? What kind of equipment is needed?

Does the FCC have any kind of temporary, non commercial license or approval for such things as our light displays?

Generally a SWR meter.

[FireMedic4Christ]

You can sell a kit though! This is probably why you can only buy the EDM as a "kit" and you must solder the last piece on yourself.

Brian

Orville wrote:

Here is something I found very interesting and didn't know!

Can I sell my home built Low Power FM Transmitter or FM Transmitter Kit?

No, You can not build a FM Transmitter from scratch or a kit and then sell, lease or rent it.

Now this tells me once you buy and build an FM Transmitter kit or one of your own design, it is now illegal to sell it, you're basically stuck with it!

Sure seems like a lot of folks are in violation, since I've seen kits that were built for sale by many folks wanting to upgrade or get a newer or better transmitter, which from what this states, is completely ILLEGAL to do!:shock:

You can read a lot more here (makes for some very interesting and informative reading on FM Transmitters):
ANYONE considering purchasing and/or currently using an FM Transmitter should read this site!


http://www.fmtransmitterreview.com/frequently-asked-questions.html#how_far_can_a_low_power

[edvas69]

evan.a wrote:

I have been visited by the FCC while I live in NJ 4 years ago. long story short. Don't exceed any further than anyone can see your house. 200 ft is the max, but a little over is not that bad. .05 w is max you are allowed. 1 w will set up a visit.

funny,... I was using a belkin. when my neighbor called.

You may have had a visit from the FCC but you didnt get fined and was told to keep it within limits, If you continued then you may have been fined.

The only reason the FCC would have come in the first place is because you have a disgruntled neighbour that dobbed you in to the FCC to try and get back at you for creating traffic.

I doubt there is anything to ever worry about as long as you follow some of the above posters pointers and dont try to send your signal too far. If they do come at worst you will get a warning to keep it within limits. Only those that have repeated offenses are the ones that the FCC will fine.