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Indecency and you as a Part15 broadcaster!

R

radiopilot

The post below is getting a little off track of what the intent originally was... I hope this post and the link is not offending anyone but perhaps may 'enlighten' those needing to amass some info for thought before getting into some hot water with the FCC.

Caution- some language written is similar to the '7 forbidden words' used by the FCC regarding it's rules for indecency over the airwaves:

http://www.collegebroadcasters.org/docs/IntroIndecency.pdf

Radiopilot
 
> The post below is getting a little off track of what the
> intent originally was... I hope this post and the link is
> not offending anyone but perhaps may 'enlighten' those
> needing to amass some info for thought before getting into
> some hot water with the FCC.
>
> Caution- some language written is similar to the '7
> forbidden words' used by the FCC regarding it's rules for
> indecency over the airwaves:
>
> http://www.collegebroadcasters.org/docs/IntroIndecency.pdf
>
> Radiopilot
>

Part 15 is not subject to the indecent content restrictions of Part 73.
 
> > The post below is getting a little off track of what the
> > intent originally was... I hope this post and the link is
> > not offending anyone but perhaps may 'enlighten' those
> > needing to amass some info for thought before getting into
>
> > some hot water with the FCC.
> >
> > Caution- some language written is similar to the '7
> > forbidden words' used by the FCC regarding it's rules for
> > indecency over the airwaves:
> >
> > http://www.collegebroadcasters.org/docs/IntroIndecency.pdf
>
> >
> > Radiopilot
> >
>
> Part 15 is not subject to the indecent content restrictions
> of Part 73.
>

Quote from the FCC website:


"If the FCC determines that the complained-of material was indecent, profane, and/or obscene, it may issue a Notice of Apparent Liability (NAL), which is a preliminary finding that the law or the FCC's rules have been violated. Subsequently, this preliminary finding may be confirmed, reduced, or rescinded when the FCC issues a Forfeiture Order."

The 'NAL' does not distinguish if you are in violation of Part 73, Part 15 or whatever rules, only that you 'air' the offending language at the specified times.

Radiopilot
 
> Quote from the FCC website:
>
>
> "If the FCC determines that the complained-of material was
> indecent, profane, and/or obscene, it may issue a Notice of
> Apparent Liability (NAL), which is a preliminary finding
> that the law or the FCC's rules have been violated.
> Subsequently, this preliminary finding may be confirmed,
> reduced, or rescinded when the FCC issues a Forfeiture
> Order."
>
> The 'NAL' does not distinguish if you are in violation of
> Part 73, Part 15 or whatever rules, only that you 'air' the
> offending language at the specified times.
>
> Radiopilot

Radiopilot, you need a 'fact checker'. The "NAL" doesn't distinguish (it's a legal demand letter directed to licensed entities, silly), but the rules certainly do. Indecency rules were omitted entirely from Part 15. What, you want to be censored on your cordless phone, 802.11 wireless router and SIRIUS radio FM modulator (best not to turn to Howard 100/101)?

If you think so, perhaps it's time to de-facto assume that all the other things which are applicable to full power broadcasters such as minimum hours of operation and EEO staffing requirements apply to you.

I find there's often good information on the Community board that could really help people stay out of trouble, such as the actual radiation and power limits for Part 15 operation. But I often wonder if anyone bothers to read that stuff.
 
>
> Radiopilot, you need a 'fact checker'. The "NAL" doesn't
> distinguish (it's a legal demand letter directed to licensed
> entities, silly), but the rules certainly do. Indecency
> rules were omitted entirely from Part 15. What, you want to
> be censored on your cordless phone, 802.11 wireless router
> and SIRIUS radio FM modulator (best not to turn to Howard
> 100/101)?
>
> If you think so, perhaps it's time to de-facto assume that
> all the other things which are applicable to full power
> broadcasters such as minimum hours of operation and EEO
> staffing requirements apply to you.
>
> I find there's often good information on the Community board
> that could really help people stay out of trouble, such as
> the actual radiation and power limits for Part 15 operation.
> But I often wonder if anyone bothers to read that stuff.
>


'Silly me' to think the Notice Of Apperant Liability 'NAL' is not applicable to Part15... Ha Ha... My man you need a 'de-facto' lesson yourself when that time comes knocking on your door... just read the post by Oldiesradio above.

End of rant on this issue!

Radiopilot
 
> 'Silly me' to think the Notice Of Apperant Liability 'NAL'
> is not applicable to Part15... Ha Ha... My man you need a
> 'de-facto' lesson yourself when that time comes knocking on
> your door... just read the post by Oldiesradio above.
>
> End of rant on this issue!
>
> Radiopilot

"I was running a EDM 100mw into a comet 5/8 wave..."

Oh, that one? The poster was exceeding the permitted ERP under Part 15 by hundreds of times, since the actual power needed to produce 250 uV at 3m is miniscule, in the microwatt ...not milliwatt range. It wasn't a "Part 15" operation at all. It was a pirate, and yes...NAL's are issued to pirate operators, too.

It's promotion of that sort of ignorance which causes harm. Really.
 
>
> 'Silly me' to think the Notice Of Apperant Liability 'NAL'
> is not applicable to Part15... Ha Ha... My man you need a
> 'de-facto' lesson yourself when that time comes knocking on
> your door... just read the post by Oldiesradio above.
>
> End of rant on this issue!
>
> Radiopilot
>

Ironbear is correct. Only Part 73 licensees are subject to indecency regulation. Moreover, the regulations do no consider Part 15 services as "broadcasting." NAL's are sent under Part 73 and unlicensed transmissions are regulated as Part 73. If you do no qualify under Part 15 and are an intentional radiator, you are subject to licensure and regulation under Part 73.

If you need clarification, seek the counsel of another communications attorney.
 
> > 'Silly me' to think the Notice Of Apperant Liability 'NAL'
>
> > is not applicable to Part15... Ha Ha... My man you need a
> > 'de-facto' lesson yourself when that time comes knocking
> on
> > your door... just read the post by Oldiesradio above.
> >
> > End of rant on this issue!
> >
> > Radiopilot
>
> "I was running a EDM 100mw into a comet 5/8 wave..."
>
> Oh, that one? The poster was exceeding the permitted ERP
> under Part 15 by hundreds of times, since the actual power
> needed to produce 250 uV at 3m is miniscule, in the
> microwatt ...not milliwatt range. It wasn't a "Part 15"
> operation at all. It was a pirate, and yes...NAL's are
> issued to pirate operators, too.
>
> It's promotion of that sort of ignorance which causes harm.
> Really.
>


Dudefan and Ironbear... hold on to that thought till next week when I post revised info on this matter.

Radiopilot
 
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