47 C.F.R. § 15.1

Scope of this part

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(a) This part sets out the regulations under which an intentional, unintentional, or incidental radiator may be operated without an individual license. It also contains the technical specifications, administrative requirements and other conditions relating to the marketing of part 15 devices.

(b) The operation of an intentional or unintentional radiator that is not in accordance with the regulations in this part must be licensed pursuant to the provisions of section 301 of the Communications Act of 1934, as amended, unless otherwise exempted from the licensing requirements elsewhere in this chapter.

(c) Unless specifically exempted, the operation or marketing of an intentional or unintentional radiator that is not in compliance with the administrative and technical provisions in this part, including prior equipment authorization, as appropriate, is prohibited under section 302 of the Communications Act of 1934, as amended, and subpart I of part 2 of this chapter. The equipment authorization procedures are detailed in subpart J of part 2 of this chapter.

[54 FR 17714, Apr. 25, 1989, as amended at 82 FR 50830, Nov. 2, 2017]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2000–2023 · leading case: United States v. Any & All Radio Station Transmission Equip., 218 F.3d 543 (6th Cir. 2000).

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United States v. Any & All Radio Station Transmission Equip., 218 F.3d 543 (6th Cir. 2000). “1 ; 47 C.F.R. § 15.1 . Regulations promulgated by the FCC under the Act provide that certain low-power radio transmissions may be exempt- from licensing.”

United States v. Pennington (E.D. Ky. 2023). · cites it 2× “¶¶ 26-27 ; DE 36-2 at 45 (FCC Investigation Report); see also 47 C.F.R. § 15.1 . The agents proceeded to visit the Station and spoke with Defendant Michael Williamson, who identified himself as the Station’s studio manager and operations manager.”

United States v. Butterfield, 91 F. Supp. 2d 704 (D. Vt. 2000). “47 C.F.R. §§ 15.1 (b), 15.239(b). Defendant’s radio station does not fall within that exception.”

Radar Solutions, Ltd. v. United States Fed. Commc'ns Comm'n, 628 F. Supp. 2d 714 (W.D. Tex. 2009). “” 47 C.F.R. § 15.1 (a). An “intentional radiator” is “[a] device that intentionally generates and emits radio frequency energy by radiation or induction.”

United States v. Any & All Radio Station Transmission Equip., 103 F. App'x 586 (6th Cir. 2004). “; 47 C.F.R. § 15.1 . Regulations promulgated by the FCC under the Act provide that certain low-power radio transmissions may be exempt from licensing.”

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