If a violation described in a citation is not corrected, it tends to lead to an NAL, which leads to a Forfeiture Order. Ramsey was fined $25,000 for a similar offense not very long ago. The only reason I can think of why a business would continue selling an illegal product is that the profit from sales more than makes up for the fines. The maximum penalty allowed by law can bankrupt anybody, but the FCC rarely imposes anywhere near the maximum penalty.
Ermi seems to have hit the nail on the head, according to this additional information "TAW further stated that it has... sold in the United States a total of 11,689 units through its website."
So, if TAW is grossing 50% on these, that's 11,689 X $99.95 X .50
or $584,157.75
Even if TAW used 1/2 that revenue for web and advertising costs, that still leaves a quarter of a million dollars for pocket money. That will cover a lot of FCC fines.
So far, Whole House has only received a citation, and there would be no further punishment if they had complied with the citation. They are still selling their transmitters through their web site.
Recently, I commented to someone who speaks fluent Spanish that people often continue to do illegal things even if they know that they will be caught and punished. I was told that there is a proverb in Spanish that explains this situation:
"La pela pasa, y el culo queda."
This means something like, "The kick in the ass passes, but the ass remains."
That got me to laugh out loud 🙂
Don't assume they'll necessarily get off "scot free". The FCC gave Behringer a $1M fine for selling non-certified products in the U.S. a couple of years ago, if I remember correctly. That's not exactly pocket money.
First of all I don't like some company selling something that anybody can build with just the knowledge in electronics. Ramsey sells kits and other places sell kits. Part 15 radio hobbies need to be HOME BREW style! Thats the fun of it. Just like Amateur Radio has been for years we need to strengthen the hobby and get the FCC to educate people about part 15 and radio and electronics instead of jailing up people and make hobbyists depressed and dumbed down. The Wholehouse transmitter is not something that I would waste money on I can just get something like a Belkin
Tunecast that uses less range and is safe for private home entertainment. Also what I don't want to cover the neighborhood especially when I don't know anyone in my area that wants to listen. I want my broadcasts to be private cause of the misunderstood audience who wants to tattle tale to the FCC or the rental office or the police. Thats the reason why I don't go on air more than 10 feet.
Another thing I sure heck don't want to live in Florida. Florida
is where part 15 is forbidden and Florida is part of Cuba. The state of Florida makes it a felony to broadcast in part 15 mode I guess thats the rules of Cuba. So a Whole heck of crap FM transmitter will not do any good there for Florida. I sure don't want to wear a Florida Orange Jumpsuit drinking tainted Florida
Orange Juice.
The DTV Transition wasn't any better and most newbies were not even ready for the DTV switch that's why they extended it from Feb 2009 to June 2009. Now what do you think about the FCC and their lack of education to the people on what antennas or is there a need for power antenna amp?
I even heard that someone can get one of these is prison camps, Yeah Right! Not in Florida That's for Sure!
Part 15 is not forbidden in Florida.
Operating without FCC license in the bradcast bands IS a 3rd degree felony in Florida. However, the statute goes on to say, that unless one has an exemptiom granted by the FCC.... I would keep a copy of part 15 rules in your pocket just in case. That being said, I live a scant 30 miles from the FCC Office in Tampa and less than a mile from the Dade City PD. I am not sweating out anyone with my operation here.
BTW, stay away from Florida anyway. We have giant roaches, drought conditions, hurricanes - 4 in one year a while back, alligators, killer bees, we are over-run with Cubans, who were here before I was, the humidity is 80% and it's 80 degrees at night!
...unless you're from New York!
The state law forbids what had already been forbidden by Federal law, and so it really doesn't make much difference.
The Cubans are not a problem, unless you suffer from class envy. They are among the most prosperous ethnic groups in America.
I won't tell people (even New Yorkers) not to come to Florida, since it's the tourist dollars that keep the state income tax away. But don't forget to return home. There are too many Yankee carpetbaggers already.
Sounds like part 15 is allowed there in Florida. Thats good to hear. I used to go to Florida when my stepfather had to go to Welding School in the Navy and I used to be there for a week in Jacksonville, FL in 1990. The weather was pretty warm there. I have not been there in 19 years. As long there is part 15 and electronics interest is still high there. I am wondering if there are more surplus electronics stores for finding parts and other junk there
in Florida.
The long-anticipated NAL for Whole House has finally been issued:
http://www.fcc.gov/eb/Orders/2009/DA-09-2303A1.html
I checked, and found that Whole House continues to sell its FM transmitters on its website.
Heard C. Crane TX are quite good, but not much about range. How is the range on C. Cranes?
Also, I see BCB 1 watt FM TX' all over eBay -- ads just to the right of this Reply box. These cannot be license-free Part15 transmitters, yet their purveyors are encouraging people to buy one, plug in a stereo and antenna and sound as good as 'the big stations'.
So what rules or type of license do they operate under?
The sellers are either flying under the radar by offering a kit or a single unit sold as used. Otherwise the sellers are violating the FCC rule that completed transmitters sold as ready to use (AM or FM) must be FCC certified.
Some get away with that by selling from off shore, some - like the Whole House folks - use the "Howard Stern Rule" - make enough profit so that the FCC fines are a business expense. In the case of Whole House, I think I calculated that the company had brought in over a quarter million dollars selling the transmiters, so any typical FCC NAL for selling noncompliant transmitters is chump change.
The manufacturer of the unit was also fined $18,000 but that company is in Chnia, so good luck collecting on that and good luck having them care!
An operator who uses a one watt transmitter - assuming it's used with any kind of reasonable antenna - will operate under the rule of getting told to shut it off by the FCC 🙂
Be sure to stop by the FCC Enforcement Bureau Field Issued Citation page here at http://www.fcc.gov/eb/FieldNotices and read up on who gets busted for what and where - very illuminating...
That was the question I realized my answer might have raised.
Meaning, on the FCC enforcement pages, Watts are never referrered to - only microVolts per Meter or uV/M. While there is some pretty fancy calculations that can tell you the relationship between Watts and uV/M, there is no way of accounting for the antenna match in an unknown system and that makes a huge difference in the low power FM BCB.