Total posts : 45366
The link supplied by Rich illustrates the misinformation that was being spread around three years ago about the KENC case. The real legal issue was the height of the tower on which the transmitter that received the first of the KENC NOUOs was mounted. The inspector decided that the tower radiated, and therefore formed part of the physical antenna, and caused the 3-meter limit of Section 15.219(b) of the Rules to be violated. That was really all there was to it as far as the legalities were concerned. Unfortunately, part of the boiler plate of an NOUO is to cite Section 15.209 in the event that the requirements of 15.219 are not met. 15.209 is a field strength limit that is so low that it can’t even be measured in an urban environment with a standard field intensity meter (In the vicinity of 14 uV/m at 30 meters). In the present day, the background noise in the AM broadcast band is so high that such a low field intensity will not get the signal across the street, and probably not even to the end of the driveway. A misunderstanding developed that the inspector was requiring KENC to meet 15.209, although it was compliant with 15.219. The inspector’s actual position was that the installation was not compliant with 15.219, and certainly not the only other alternative, which was the more restrictive 15.209.
Artisan Radio alluded to the Happy Days prior to early 2007 when the FCC accepted a ground connection to a tower as being compliant with 15.219(b). The notorious Iglesia de Dios Ebenezer church case was the beginning of the end of this liberal interpretation of the rules, although it is rumored that some FCC inspectors still allow such installations.