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Local business license to broadcast commercially. - Anyone?

 
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Last Post by Anonymous 15 years ago
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RichPowers
 RichPowers
(@richpowers)
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In a recent groundplane post, the subject drifted briefly into local business licensing for a profit 15 radio station.

In a recent groundplane post, the subject drifted briefly into local business licensing for a profit 15 radio station.
On our city website I looked into it, and under business license classifications the only one listed that sounded lie it would apply was an 'entertainment license' (only $50 annually - cheap cheap cheap!).

So I downloaded a copy of that application. It's a simple 2 page form generally applying to establishments with live or recorded amplified music.
But an interesting clause said this;

An establishment is exempted from the requirements of this section if the amplified recorded sound derives exclusively from either a jukebox, a radio, or a digital music system supplied to the premises by a cable television company under the franchise of the City.

Hmmmm.. curious. I'm not sure where that puts me. This license really applies to those on the receiving end, not the originating source. And as the originating source, I am not under the franchise of the city.

This may be a little off-topic since it really tends to relate to each individual city (or so I assume), but nevertheless; would like to know, have there been any part15 broadcasters who have gone down this road before?

That is, getting a local business license to broadcast commercially.

In an earlier post there was some suggestion that it really wouldn't be necessary, even if the broadcast was for profit..
But quite frankly, I have a hard time believing that!.

Anyway, has anyone ever got a local business license for such, or know of anyone who has?

Or maybe the better question is; Who is doing (or has) part15 for profit!?


 
Posted : 20/01/2011 7:53 pm
 Anonymous
(@Anonymous)
Posts: 0
 

"This may be a little off-topic since it really tends to relate to each individual city (or so I assume), but nevertheless; would like to know, have there been any part15 broadcasters who have gone down this road before?"

Sure, but most successful ones have multiple sync'd transmitting sites for coverage. I'm trying to do it for profit, but justbenough to get past expenses, and so far haven't been able to do so. It's going to take awhile for me to continue getting the word out.

Curiously, I have more listeners on the AM radio in my small town than on the internet. If I get more internet listeners, I think AM radio listenership will pick up and get better support ... which in turn means I can spend more time on programming and putting up more systems for better coverage.

ITMT the local effort to get a LPFM Community up and running is in its 4th or 5th year of work, and has burned through 2 years of their Construction Permit, which means they have only one more year to get it running or they'll lose it and have to reapply. I have a few suspicions why it's dragging (they won't open their meetings to the public which they purport to want to serve, which makes no sense ... KLOI LPFM 102.9 on a neighboring island always invites the public, and the result is loads of support, and has been fully licensed and on the air for over 2 years), but they'd better get their act together soon.

I'm attempting to fill the gap, but I'm doing it alone for the most part, because, while there are a few retired radio professionals on the island, basically none of them have the engineering skills, and aren't too interested unless they're looking at a minimum 1000w station.

Otherwise, I get more knowledge and support on this forum and the Ham Radio group on the island which has about 50 members.

I really need more coverage to make it work, but it's going to take time ... mainly because I'm basically on my own and can't afford any more investment right now.

I have state (radio and broadcasting, which comes under entertainment I think) and town business licenses ... which reminds me I have to file state tax form before the end of the month. However, last year they sent back my $64 with an exemption note because I showed nowhere near the income to require payment.

All this stuff varies pretty widely from state to state, city to city, etc. I still don't understand it all. I have both my microstation and my taxi-driving stuff under the same UBI (Unified Business Identifier) number here in Washington State. The town also requires an additional business license within city limits, but AFAIK, there is no separate license in the county.


 
Posted : 20/01/2011 8:52 pm
 Anonymous
(@Anonymous)
Posts: 0
 

A local Fishing Bait and Tackle shop started using an FM transmitter a couple months ago to broadcast fishing info reports and to promote their business. By proxy, I've had contact with the owner. I haven't asked but it seems unlikely that he consulted with City Fathers for permission to broadcast from his store.

He bought the transmitter on Ebay, put his info on a CD and plays it repeat mode 24/7.

My contact with him was due to a local Pirate FM station that heard his broadcast. The Pirate was very worried that a 24/7 broadcast such as this would bring the FCC into town to investigate. So, he put a friendly note on the shop door advising the owner to shut down so as not to cause a problem for the Pirate. Ironic situation.

The shops signal can be heard over a 1/4 to 1/2 mile radius. Perhaps a little over the field strength limit but causing no interference.

Anyway, the owner sent the transmitter to our shop to have it checked out as we service the City two-way radios.

It was purchased on Ebay. One of those No-Name Far-East FM's that are priced to sale. It does have some technical problems. The Pilot tone is way over deviated (50 kHz). The chassi is very microphonic meaning slight vibrations modulate the carrier (don't turn the monitor speakers up to loud.) RF feedback occurs if using the whip antenna supplied (he is using a remote ground plane antenna inside the shop.) The program audio is a bit Fuzzy probably due to the over-deviated Pilot tone. Fortunately the transmitter harmonic output appears to be acceptable.

But now I'm rambling... At some point I'll ask if the shop owner approached the City regarding its use and report back.


 
Posted : 20/01/2011 8:55 pm
 Anonymous
(@Anonymous)
Posts: 0
 

Ken, Our situations are very similar indeed. We both are on little coastal towns (although mine does have a very strong tourist base in the summer), we both want to make a dollar on it, or at least cover the cost of expanding. Neither of us can really afford to expand as quickly as we'd like.. (I could have almost bought another Rangemaster for what I've spent in the past two weeks on equipment - I've now spent almost all of my summer savings and now I'm next to broke).

I have state (radio and broadcasting, which comes under entertainment I think) and town business licenses ...

A state license? really? for part15? Why? Was that necessary?
I never even considered that. Hmm.
By the way, why are you not going AM to take advantage of the increased range potential?

This little story here would make a great news quip on Carls The Low Power Hour:
My contact with him was due to a local Pirate FM station that heard his broadcast. The Pirate was very worried that a 24/7 broadcast such as this would bring the FCC into town to investigate. So, he put a friendly note on the shop door advising the owner to shut down so as not to cause a problem for the Pirate. Ironic situation.

Bob, that is totally hilarious!


 
Posted : 20/01/2011 9:23 pm
 Anonymous
(@Anonymous)
Posts: 0
 

"A state license? really? for part15? Why? Was that necessary?"

Being Part 15 radio has nothing to do with it ... that is, it could be anything. Before I had to quit 5 years ago due to health reasons, I had several other businesses on my UBI (which I've had for 16 years).

Any operation like this is basically either a business or a hobby. I want to sell advertising. If you only have content, it's a hobby, but if you sell product, in this case adverts air time, it's probably a business.

There's always a risk. I just have to figure out how to present the most beneficial shape. Right now, it's more about my community ... I could actually 'live better' on my limited income if I wasn't doing this, but then I've never been one to always take the 'safe path'.

If I had, I would never have had the gracious benefits of search and rescue flying, never learned how to surf, never invited strangers to my house who became life-long friends, never struggled learning to play music, never spent time trying to make radio waves, and never fallen in love ...

But please note: It's your business ... I'm not telling anyone else how they should do things, yet I will say I believe we all walk the line somewhere between limitations and possibilities. God forbid we have to do it alone.


 
Posted : 20/01/2011 11:04 pm
 Anonymous
(@Anonymous)
Posts: 0
 

Any operation like this is basically either a business or a hobby. I want to sell advertising. If you only have content, it's a hobby, but if you sell product, in this case adverts air time, it's probably a business.

I agree entirely, but where does state licensing come in? I've had a couple business of my own on this island in the past.. I owned/operated a little diner for about 5 years in the early 90's, and later, for about 1 1/2 years ran a copy center and internet hub..

I had to have city business licenses for both of them, but can't recall ever having to file for any state licensing.


 
Posted : 20/01/2011 11:36 pm
 Anonymous
(@Anonymous)
Posts: 0
 

Rich Powers, you are showing a genuine concern to be fully compliant with all the rules, and that's the point of my suggestion to you, which is to maintain a file folder containing neat print-outs of all these forum/blog exchanges, which you can use if ever accused of not being responsible, to prove that in fact you made serious and lengthy inquiries to be sure of what your responsibility is.


 
Posted : 21/01/2011 9:14 am
 Anonymous
(@Anonymous)
Posts: 0
 

Good effort on Licensing, RP

The necessity for licensing is driven by planning and revenue goals - local licensing for land use planning and business regulation, state licensing to collect taxes.

Way out west here in Washington state we have no income tax, so all state revenue is derived from sales, B&O and inventory taxes. That's why Ken has a State license for his enterprises, so our Department of Revenue has a means of collecting from businesses.

City and county licenses have a small revenue component, though the revenue is primarily to cover administrative overhead rather than to fund operations - cities and counties here get a share of the sales, B&O and inventory taxes the state collects in their jurisdictions.

City and county licenses in Washington state are usually mutually exclusive - you have one or the other, depending on which you do business in. City and county licensing is primarily to control how many and what kinds of businesses operate in the jurisdiction, to track businesses for health and fire inspections and similar compliance activities.

States with income taxes often treat businesses completely differently and handle licensing differently, too.

Irrespective of the jurisdiction, what a poster said earlier is pretty right on - if money is changing hands, get a license, if not, check in case there is some activity that needs compliance but otherwise it's not generally relevant.

If, for example, my hobby was removing the innards of Lead-Acid batteries, several agencies here would want to speak to me whether money was changing hands or not ๐Ÿ™‚


 
Posted : 21/01/2011 6:50 pm
 Anonymous
(@Anonymous)
Posts: 0
 

Oh Oh Oh Oh!.. Yes, state sales tax license, - yes, I did have to have that also of course. Cant even get a local business license without the state first -- I was misunderstanding what was said.

In my head; a local business license, and a sales tax license are two different creatures.. but right, both needed to operate.

And yes, I guess they both can be considered "business licenses".
I see what you're all saying now.


 
Posted : 21/01/2011 8:48 pm
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