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Willful vs. Unintentional Non-compliance with FCC §15.219

Let's get back to Jerry Gaule. Second floor apartment. Talking House xmitter grounded through "mains" connection. Ambiguous length and shape of radiating ground path through the building's wiring system. In a situation like this does one really qualify for the "privilege" of being evaluated according to §15.219 instead of the more severe §15.209?
 
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