FCC Cites KE6MWS For Operation of Unlicensed FM Broadcast Station

Don't find it all that unusual that he was, in effect, charged with operating as a licensed ham radio operator on a frequency not authorized by his license. As to the indication that "he should know better" that's an appropriate description and something that should be reflected in any penalty for the alleged violation.

 

I don't think I agree.
Having am Amateur license has nothing to do with the actual violation..
The Amateur tests and part 97 have no questions/regulations relating to non Amateur operations, so the "he should have known better" concept has no justification.

If two people are fishing and one has a license and the other doesn't.
if they are caught with too many fish (over the legal limit in possession).
does the person with a license get a bigger fine?

 

It would appear the FCC is comfortable with bringing the action of the alleged violation under Part 97. From the FCC document on thread starter.

2. On January 31, 2019, an agent of the Enforcement Bureau’s San Francisco Office monitored amateur radio station KE6MWS located at 5410 Woodleigh Drive, Carmichael, California, and observed the following violation(s):

a. 47 CFR § 97.103 Station licensee responsibilities. (a) The station licensee is responsible for the proper operation of the station in accordance with the FCC Rules.” At the time of inspection, the station was operating on frequencies not authorized by the Commission.

b. 47 CFR § 97.113(b) Prohibited transmissions....(b) An amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit one-way communications except as specifically provided in these rules; nor shall an amateur station engage in any activity related to program production or news gathering for broadcasting purposes, except that communications directly related to the immediate safety of human life or the protection of property may be provided by amateur stations to broadcasters for dissemination to the public where no other means of communication is reasonably available before or at the time of the event.” The license for amateur radio station KE6MWS does not authorize any form of broadcasting, including those on the broadcast frequency 95.7 MHz.

c. 47 CFR § 97.301 - Authorized frequency bands. Section 97.301 of the Commission’s rules specifies the authorized frequencies for amateur radio operations. At the time of inspection, the station was operating on 95.7 MHz, which is not an authorized frequency for amateur radio operation.

The legal system the FCC operates under will make the final decision. The "legal system" on the ZED while it may be fun is not the final word.

 

Yes they do.
As the holder of an Amateur license, he and his station (that is, any transmitting equipment he may own or operate) are subject to Part 97 regulations which include:

§97.113 Prohibited transmissions.
(b) An amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit one-way communications...

and

§97.301 Authorized frequency bands.
which do not include the FM-broadcast-band frequency on which he was transmitting/broadcasting.

So he definitely should have known better (and probably did) because, as an Amateur license holder, he is obligated be aware that he is authorized to make transmissions only in the Amateur bands specified in §97.301 and not for one-way communications or broadcasting (transmissions intended for the general public) because they are prohibited in §97.113.

 

Uh yeah, they interfere with the stations ability to charge for advertising.

This is not a rf interference issue in the slightest.

Rege

 

They interfere with duly-licensed FM broadcasters -- and not all of them are commercial stations that carry paid adterising.

 

I can't find the part in the FCC document that says what station he interfered with.

Just he didn't have a permission slip.

Rege

 

Apparently, this is ongoing, as they sent him a notice of unlicensed operation back in 2018:

http://www.arrl.org/news/california-radio-amateur-receives-notice-of-unlicensed-operation-from-fcc-1

 

Depends. Many low power home type FM transmitters are legal. I have a non-ham friend who bought one to advertise his home for sale. talking house type setup. The people across the street complained that it interfered with the station they liked to listen to, so they called the FCC. FCC sent 2 techs and a van with equipment to the house and had a conversation with my friend and determined that the FM transmitter he was using was in fact legal.

Under Part 15 rules in the U.S., The FCC limits unlicensed FM broadcasts to a maximum signal strength of 250uV/m (microvolts per meter), measured at a distance of 3m--about 10 feet.

This happened in an HOA full of busybodies. He wanted to sell his house himself so he put a sign in the yard. The HOA (gated Gestapo) said no signs unless we approve it, which of course they did not. So he got the low power FM transmitter. Problem solved, home sold.