The NAL in this Kansas case originated in December, 2012. As of Dec 9, 2012 there are no December 2012 entries in the FCC's list. Probably this citation will appear there in due course.
The wording and any measured data included in an NAL is up to the FCC. If the operator believes the Part 15 limit was being met at the time of the citation s/he could submit data when responding to the FCC about the NAL to prove this.
If I remember correctly, mere statements in court is not evidence, only supplemental to support given evidence.
Most likely the FCC could/would produce measured data if this NAL proceeded into a court case.
While the FCC usually issues NOUOs as a first step, probably they could issue an NAL first if they decided that this was appropriate for the situation.
Not long ago, those NOUO's AND NAL's included specifics like the field strengths. They do a great job of pointing out the limits, but have not disclosed what was measured to be in violation, only declaring that the violator operated outside of those specified limits. Let's go a bit beyond this case and back several months worth. Noted by a member before, the NOUO's and NAL's do not include evidence of signals going beyond the limits.
Below is a link to an NOUO from not long ago (Nov 15, 2012) which shows a measured field of 1,656 µV/m 3 meters from a system operating on 107.9 MHz.
http://transition.fcc.gov/eb/FieldNotices/2003/DOC-317479A1.html
I would agree to those NOUO's and NAL's that disclose what was measured, and accept that operator as a busted Part 15 operator if that measured field strength was a couple of hundred uV over 250 at 3 meters, ...
In the above-linked NOUO the r-f power needed to produce the measured 1,656 µV/m field at 3 meters from a simple antenna is on the order of 1/2 milliwatt. That isn't much power in absolute terms, but it is enough to produce a field about 6.6X greater than Part 15 permits in the FM broadcast band.
Oh I should also point out, that this case, and the others, are NOT anything related or has anything to do with any Part 15 operator or setup at all. I mean if someone is throwing some watts or feeding a long wire or dipole with hundreds of watts, are those to be considered Part 15 operators and as such tagged as a Part 15 operator and put into the category of Part 15 because they got busted?
The FCC uses Part 15 as a basis for citing unlicensed operators that don't meet Part 15. There is no differentiation as to whether such operators consider themselves to be "Part 15 operators" or "pirates," or how they are labeled by others.
Yes it would be true to say that those operating a system that exceeds the Part 15 limitations is in fact operating illegally and beyond those Part 15 limits. But it in no way links or defines anyone who operates within the Part 15 limits as being of the same cloth.
Of course.
Hey guys, we've gone down this road umpteen gazillion times in the past little while.
Yes, there is uneven application of the rules. Yes, there are some unlicensed broadcasters that are not complying with Part 15 rules. End of story.
One of the reasons that I believe that the ALPB is so important, is that it is bringing together Part 15 (and whatever it is called in other countries) broadcasters together, to work together as a group - we're not excluding licensed, low power broadcasters either. One of the prerequisites of joining is agreeing with the Charter, and in the Charter it states that every member will attempt to adhere to the laws of their country in broadcasting.
As time goes on, and the group grows, its stature in the broadcasting community will grow. Individually, it would be difficult for a station to have any impact on the lay of the land or rule enforcement, but collectively, there's at least a chance that our voices will be heard.
So rather than railing on about the sad state of licensed broadcasting, or the unlicensed broadcasters who obviously don't adhere to the rules (knowingly or otherwise, sometimes I wonder if the former isn't more prevalant with some of the questions asked here on this Forum), wouldn't it make more sense to direct that effort into actually doing something? And then let the rule enforcement fall where it may, so to speak.
I think the primary point AR made is action..and focus.
Time to start drafting proposals for rule making?
Or figuring out what programs to distribute?
RFB
"The FCC uses Part 15 as a basis for citing unlicensed operators that don't meet Part 15. There is no differentiation as to whether such operators consider themselves to be "Part 15 operators" or "pirates," or how they are labeled by others."
That is a given. There is no other reference point for the FCC to cite violators exceeding Part 15 limits.
However that does not mean Part 15'ers should be considered as the same mindset of blatant violators or pirates because their knat FM or flea AM is a bit over those limits..and quite frankly, the FCC can spend their limited resources on far better catches..like the much bigger fish still owning them hundreds of thousands of dollars in NAL fines.
The chances of the FCC actually collecting that 10k fine from an individual working 9-5 are next to nil compared to being able to get it from a gold spoon in the mouth individual taking yearly 60k world trips rubbing his one worker's face in it with a phone call from a 1,500.00 buck a night fancy hotel room saying what a lovely view of the Eiffel tower while stating on silent STA's financial hardship. :/
Besides that, the point here is how fast the FCC slammed their hammer down on a pity thing inside 4 months time and let much larger violators who are licensed get away with crap for 16 years and still on-going today.
THAT is the whole point, not who is a pirate or Part 15'er or anything else.
Back on track.
RFB
RFB, your input would be very valuable to the ALPB.
I lose track of whether you are a member or not, but if you're not, you should be.
Here's this clipboard with a membership agreement and a pen, over here by the light, just scribble your name, show up December 21.
Yes, our next meeting is the same day the world ends. We're not to blame, though. We'll try to provide emergency communications until the planet is closed.
Watch out for them there Neutrinos!
BTW, according to SOHO..the Sun's neutrino emissions have increased over the last several months, along with the recent massive CME it shot our way which came so close some parts of the world's power grid system went down, along with a bunch of satellite communications.
I have been also monitoring the seismic activity going on at Caldera (Yellowstone) and it's increasing too. BTW, old faithful is no longer faithful either..it has shifted its spouting intervals..increasing.
"Hmm..this means something!" Richard Dreyfus - Close Encounters of the Third Kind.
RFB
"Things are not what they appear, but don't be fooled by that."
Carl Blare, 2012
"Here's this clipboard with a membership agreement and a pen, over here by the light, just scribble your name, show up December 21."
Given my chicken scratch signature is even unreadable to me, the agreement would be void. 😉
RFB
However that does not mean Part 15'ers should be considered as the same mindset of blatant violators or pirates because their knat (gnat?) FM or flea AM is a bit over those limits.
and quite frankly, the FCC can spend their limited resources on far better catches..like the much bigger fish still owning (owing?) them hundreds of thousands of dollars in NAL fines.
That may be true.
But if / when the focus of such posts here on Part15us is directed toward the operator(s) of licensed AM/FM stations, then wouldn't the efforts to redress such grievances best be sent to the FCC, rather than to an Internet website serving unlicensed, Part 15 operators?
"But if / when the focus of such posts here on Part15us is directed toward the operator(s) of licensed AM/FM stations, then wouldn't the efforts to redress such grievances best be sent to the FCC, rather than to an Internet website serving unlicensed, Part 15 operators?"
The focus was and still IS about the uneven and unfair enforcement policies of the FCC, to which Part 15'ers had better be aware of that and what better place to inform Part 15'ers than here at the Part15.us forum?
It is not a grievance as you so put it...attempting to divert the attention to the core matter here isn't going to work while I'm around. And to remind once again..ie in case the diversion tactic is affecting you...this is about how fast the FCC acted upon a flea blowing stink in a light breeze while allowing much bigger methane from the herd of cattle go on and on and on.
Adding: I have contacted the FCC regarding those wonderful and so called do no wrong licensed guys racking up violations to reach the moon and back, through making contact with a senior FCC field agent out of Denver. And he gets updated information from me almost daily with the on-going repeated and knowing violations of one particular one too.
And I wont stop there either.
What might get the FCC to start cracking down on those racked up violations of licensed broadcasters is complaints in large numbers eh. Perhaps notifying and informing here might help accomplish that.
Stop trying to attack the messenger and start focusing on the message. Any comments on why the FCC allows the licensed guys to get away with murder and do so for so long? How about a comment to that fact, which is directly related to the the discussion btw.
And what was I saying at the start of all this..about how some ignore the bigger pile of violations and try to make everyone look at Part 15'ers as worse than those licensed violators!
RFB
"Appropriate Venues
Submitted by Rich"
Are you posting in the appropriate venue?
This venue is not so narrow as some try to make it.
I am only one small (very small) member of the ALPB, so the following opinions are my own only.
I believe that the ALPB first needs to get established and gain credibility in the broadcasting community before tackling such huge issues as rule changes or enforcement, or in fact, anything to do with the rules.
We're there, according to our mission statement, to bring radio back to the people. That means that we're there to help new broadcasters, or potential new broadcasters, or existing broadcasters - in short, anyone who signs on to our charter.
That help can be technical information, programming (something that licensed broadcasters are lacking in), software support, whatever. I don't believe that we're ready to take on the FCC, or Industry Canada, or the NAB, or BMI or SOCAN or any other regulatory body at this time.
But in the future, who knows what we can accomplish?
One step at a time.
I believe that the ALPB first needs to get established and gain credibility in the broadcasting community before tackling such huge issues as rule changes or enforcement, or in fact, anything to do with the rules... ...I don't believe that we're ready to take on the FCC, or Industry Canada, or the NAB, or BMI or SOCAN or any other regulatory body at this time.
I'm not even a member.. yet.
But I intensely agree, and that very thought comes to my mind every time such expressions of assertive action against the established state of Part 15 arises. I believe it would be unprudent, and plausibly even counterproductive to try and shake up the world in our infancy.
But I chose to refrain from commenting on it.. But since you broke the ice; I second it. 😉
Big things come from small packages.
One giant leap for mankind.
No effort given is nothing gained.
The most difficult things to accomplish requires taking on the difficult things first.
To each their own.
RFB
"But if / when the focus of such posts here on Part15us is directed toward the operator(s) of licensed AM/FM stations, then wouldn't the efforts to redress such grievances best be sent to the FCC, rather than to an Internet website serving unlicensed, Part 15 operators?"
Looking at that perspective from a different angle...and adding that there is an enforcement bureau feed over to the right, isn't posting about a ham operator being busted for an illegal FM to be outside of the Part 15 realm? After all...until actually seen as to how much beyond the limits were measured, ham operations and/or pirate operations are not a part of this forum's intent.
Or is it? Is it ok to post certain other topics outside of Part 15 and not for others?
Maybe there needs to be a "Busted Zone" or some such so that topics of violations can be posted instead of in the Part 15 zone.
I mean if we are to go FTC...then perhaps more should be done to clarify on what goes where so as to avoid misunderstandings, and misdirection.
RFB