From his site:
December 15, 09 - FCC Backs Off
From his site:
December 15, 09 - FCC Backs Off
I received an early Christmas gift yesterday.. The FCC inspector that caused me so much grief the past few months, called me and told me that based on advise from legal consul for the FCC, If I would send them an affidavit certifying that our transmitters were tuned to 100 milliwatts and our ground and antenna were of legal attachment (which it is and was) they would dismiss this action against KENC... It's because many of you have written to both the FCC and senator Wyden that this action has happened... I need to make a couple of little changes to our primary transmitter here at the shop when the weather gets better, but basically we're back where we started from... they also will not hold us to comply with the silly field strength meter rule of part 15.209... No Field strength meter ruling means my range for the station can be what is as long as I comply with the 100 Milliwatt part, which we have always done...
Dear Ken Cartwright:
I, for one, am delighted that all your effort in so obviously building an honest and legal radio station has not been side-swiped. You played a very important part in the wonderful world of low power radio. Thank you for your devotion.
Dear Ken Cartwright:
I wish to add that the FCC inspector in this incident may deserve our praise for personally delivering this reversal and maybe, for me anyway, it might be the diplomatic thing to consider "faces as being saved" on all sides, with no further judgements to be made. It's one thought.
This news made my day! Hopefully all of the agents are as fair as this one.
I couldn't be happier for Ken C.
Since Rangemasters which are FCC certified are being used, I'm wondering if Keith stood in on this.
In any case, it's certainly a rainbow of hope at last.
You Said:
"Since Rangemasters which are FCC certified are being used, I'm wondering if Keith stood in on this?"
I said:
It may may might have been a factor. Not sure.
This has been a learning experience for all involved I think.
This seems to be a major ruling from the DC OET from what I can tell, basically 15.209 does not overrule 15.219. Just as 15.209 does not overrule campus radio rules 15.221, which is another alternative.
Yes I was involved, I am there to help should customers get a visit from the FCC. I deal with agents all the time and so am a good mediator.
This is fantastic news for KENC and everyone in Part 15.219 broadcasting.
So, the major factor in this action was the fact that the tower was considered to be a very long connection to mother earth.
Did the FCC indicate any change in their thinking regarding the long ground connection (tower) which they considered to be contrary to the intent of Part 15.219 limits? As that was the major complaint it would seem they have reconsidered their position on where ground begins, a very hot topic here...
Basically FCC OET said that 15.219 stands on it’s own, the 15.219 law is NOT affected or governed further by 15.209, the 15.209 is a “separate section and does not apply to 15.219” and that the FCC cannot change that on a case by case basis.
This is great news for the Part 15.219 world, a precedent that is now set, no more speculation.
The “does 15.209 regulate 15.219 at all” issue is now total history.
My take on the “ground thing” is this, if you read the interpretation that went out last year the FCC seemed to be concerned only with ground systems that are “intended” to radiate, such as ground screens or elevated radials. However because the law is vague it is really up to the individual agent. The letter of the “spirit” of the law is to limit radiation to the 3 meter antenna and ground lead, somehow with filtering and shielding, so an agent may expect that. SO if you just don’t know if your ground is a radiator, and you want to have a better chance of sliding by without issues you would want to install a filter or otherwise shield your ground.
I think that a billboard, because of it’s large frame is a ground radiator, and probably most towers are too.
I will have a filter available soon that should limit radiation into a ground system, limiting radiation to the allowed 3 meters.
I will also have information on the website soon on shielding.
So, what happens if you create metal conical or panel nearfield reflectors that build up signal strength within the 3 m limit? These aren't wires or sticks, so how would that be looked at?
It wouldn't. The Field stregth is out the window if the transmitter is certified to 15.219