Anticipating the Public Perception
Informing the public about the legality of what is being done at the Deconstruction Lab certainly can't hurt and likely will help allay any doubts or misconceptions.
In paragraph six you have a typographic error: "Call signs are not issues to Part 15 broadcasters".
It will interest you to know this FCC rule:
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 73_RADIO BROADCAST SERVICES
Sec. 73.3550 Requests for new or modified call sign assignments.
(1) Users of nonlicensed, low-power devices operating under part 15 of this chapter may use whatever identification is currently desired, so long as propriety is observed and no confusion results with a station for which the FCC issues a license.
Therefore we can give our legal part 15 stations "names" of any kind we choose.
At the same time there is no requirement ever to make on the air announcements explaining anything about one's legal station, although that might also be another way of expressing your "right" to broadcast.
One last thing for now, I would swap the sections describing Illegal and Legal stations, putting the Legal part first.
Article says FM under favorable conditions could get 1000 feet? In Canada yes but in the USA this is way over what would be realistic. I think Tim could varify that.
Well, the hard part is purchasing a legal Part 15 FM transmitter in the first place. I've tested lots as some of you know. Most of what's available is over the legal limit, most grossly over the limit.
But yes, 200-300 feet is typical at the legal level in the USA. You might get a bit more under perfect conditions, and with good line of site, etc. When someone says "with a sensitive receiver" that rules out just about any receiver any typical person will own. If you're talking about a radio geek with a high end DX style receiver with a directional receiving antenna, then, sure, you can be hear further. But that's not even realistic.
No one wants to admit or publish that FM Part 15 is only a couple hundred feet or so, as it bursts their bubble. And they don't want to make people think they're pirates if they can be heard for a couple blocks. It's a harsh truth. But to quote Scotty "I cannot change the laws of physics".
TIB
Truth VS. the Law
Everything said by Mark, Tim and everybody is absolutely true, being very literal and practical about what the FM rule says and the laws of physics dictate, but there's something further that we don't know because we haven't attended law school.
For years I dated a remarkable woman who did attend law school and told me surprising things that the public normally does not know. For one, she said that signs in parking garages that say "WE ARE NOT RESPONSIBLE FOR PROPERTY LEFT IN YOUR CAR" are not true (in Missouri, at least).
She said that actually, at least under Missouri law, the garages ARE responsible for the contents of the car! But it's LEGAL for them to post the false claim disavowing responsibility, simply because it's not against the law to post an inaccurate message.
Therefore, assuming the same is true across the nation, posting a message saying that "OUR FM LEGALLY GOES 1,000-FEET" might be legal, even when honest compliance to 15.239 would not be expected to provide so much range.
It is unfortunate that this website has never attracted a person trained in FCC law and law in general.
Carl raised a good point!
So would the writer of this article, able to make a claim of 1000ft with a FCC compliant FM transmitter legally be held responsible if someone gets into trouble and says yeah but this article says I could do this?
"Therefore we can give our legal part 15 stations “names” of any kind we choose."
"One last thing for now, I would swap the sections describing Illegal and Legal stations, putting the legal part first."
While using an ID in the format of a licensed station has a certain cachet, we decided not to go that route and ID as "CDL" or the "Computer Deconstruction Lab" to avoid being accused of bootlegging the call sign.
Will swap the sections next time I'm on the server
SP
Small Adjustment
Mr. parts said this: "While using an ID in the format of a licensed station has a certain cachet..."
No!
Read it again.
It says we CANNOT use a call sign that could be confused with a licensed station.
Be that as it may, the name "CDL" is perfectly fine.
"(1) Users of nonlicensed, low-power devices operating under part 15 of this chapter may use whatever identification is currently desired, so long as propriety is observed and no confusion results with a station for which the FCC issues a license"
Going to have to disagree on this one. We did discuss this with an attorney that specializes in communications law while researching another issue.
While we could legally ID as Wxxx, the moment the call was issued for use, we now were in violation of 47 CFR 73.3550.
His advise was to stay away from any combination that might be confused with an existing (or former) US radio station call sign, even if the combination was currently vacant.
Based on his advise, we went with CDL or Computer Deconstruction Lab to steer clear of the issue entirely.
Agreement All Around
I now understand what you are saying Mr. parts and do agree with your attorney's advice.
It brings to light the possible risk being taken by some of our part 15 stations that use 4-letter FCC "like" combinations.
Thinking back, I recall several times thinking that because a certain set of call letters were not currently in use they would be fair to use, but that wasn't the best approach as we now realize.
Well, here's my take, FWIW.
My station became KEBS Radio 5 years ago. There were not then, nor are there now any licensed AM, FM or TV stations in the USA with those call letters. Yes, it's possible that someone may request and receive those legal call letters from the FCC.
However, I've been involved in two commercial stations selecting new call letters in my career, and in each case the stations do quite a bit of research before landing on a choice. And as far as I'm concerned they would have a right to choose those call letters if they desire. However, since my station is run as a business, the name and letters KEBS Radio are registered as actual, legal business names. A year and a half ago we also opened our record store KEBS Records which is also registered as a legal business name. Further each is registered as an LLC, a Limited Liability Corporation. Both have federal and state tax IDs and employer IDs. And I also own several domain names including the letters KEBS.
So, as far as the FCC is concerned they can certainly have those call letters. But the FCC has no jurisdiction over business names or domain registrations. So they'd be pretty busy trying to avoid confusion on other legal fronts as well as negotiating with me to secure the domain names they may want to use.
As for me, the station can simply go by it's original name "Iron Range Country" if that became necessary and the record store has no legal connection to the radio station and it's name would live on forever.
Maybe I'm just a trouble maker. But that's the way it is here.
TIB
Not sure what portion is appropiate to post under the form rules, but here's the thumbnail:
Rather then a post on the forum or an email, one of the forum members issued a DMCA takedown complaint re the page to my ISP.
My hosting company basically is threatining to nuke the entire site in 24 hours because of the DMCA notice .
So rather than loose the entire site, I took down the pirate radio page.
SP
I'm not exactly sure what you're referring to, here. I see on another site that you say that you are blocked from posting on Part15.org. That is not the case, as far as I can see (as a moderator).
Unfortunately, the way that DMCA takedowns work, anyone can issue a notice and it's up to you to prove that you aren't violating a copyright. The issuer could literally be anyone, and unless you have definite proof it's a member at this site, I wouldn't accuse anyone here of anything, since this Forum is open for reading.
By the way, I think I'd look into changing hosting companies as well, if they're prepared to take down your entire web site due to what might be a frivolous DMCA takedown claim of one particular page.
Question from Me
sparepart I also would like to learn what is happening and who is behind it.
On what grounds was a DMCA takedown placed against your website?
What is the identity of the complainer?
How did the complaint relate to your posting a definition of "pirate radio"?
You can also contact me by email if you prefer
It might be something I can report on The Blare Blog.