(a) Emissions from the intentional radiator shall be confined within a band 200 kHz wide centered on the operating frequency. The 200 kHz band shall lie wholly within the frequency range of 88-108 MHz.
(b) The field strength of any emissions within the permitted 200 kHz band shall not exceed 250 microvolts/meter at 3 meters. The emission limit in this paragraph is based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply.
(c) The field strength of any emissions radiated on any frequency outside of the specified 200 kHz band shall not exceed the general radiated emission limits in § 15.209.
(d) A custom built telemetry intentional radiator operating in the frequency band 88-108 MHz and used for experimentation by an educational institute need not be certified provided the device complies with the standards in this part and the educational institution notifies the Office of Engineering and Technology, in writing, in advance of operation, providing the following information:
(1) The dates and places where the device will be operated;
(2) The purpose for which the device will be used;
(3) A description of the device, including the operating frequency, RF power output, and antenna; and,
(4) A statement that the device complies with the technical provisions of this part.
[54 FR 17714, Apr. 25, 1989; 54 FR 32340, Aug. 7, 1989; 80 FR 53750, Sept. 8, 2015]
Notes of Decisions
United States v. Stephen Paul Dunifer, 219 F.3d 1004 (9th Cir. 2000).
· cites it 2× “” The strength of the signals was determined to be greater than that permitted for unlicensed stations under 47 C.F.R. § 15.239 (b). 2 The agents traced the transmissions to an antenna on the roof of Dunifer’s residence and, in June 1993, the Bureau sent Dunifer a Notice of…”
United States v. Roy Neset, 235 F.3d 415 (8th Cir. 2000).
· cites it 2× “See 47 C.F.R. § 15.239 (b) (88-108 mhz FM transmissions not exceeding 250 micro-volts per meter at distance of 3 meters).”
United States v. Neset, 10 F. Supp. 2d 1113 (D.N.D. 1998).
· cites it 2× “See 47 C.F.R. § 15.239 (b). Based upon the evidence and testimony presented to the court as set forth in the proceeding section, the plaintiff has satisfied the requisites for declaratory judgment against the defendant which concludes that the defendant has made low-power radio…”
United States v. Any & All Radio Station Equip., 93 F. Supp. 2d 414 (S.D.N.Y. 2000).
“The FCC determined that the field strength of the transmissions exceeded the level permitted for a non-licensed broadcaster under 47 C.F.R. § 15.239 (b). (Loginow Aff. ¶¶ 4, 15, 17, 21.”
United States v. Raymond Frank, 487 F. App'x 931 (5th Cir. 2012).
“Frank discursively criticizes de novo review and 47 C.F.R. § 15.239 (b). These two points are inapplicable to his circumstances and without merit.”
United States v. Any & All Radio Station Transmission Equip., 204 F.3d 658 (6th Cir. 2000).
· cites it 2× “See 47 C.F.R. § 15.239 (b). Rick Strawcutter, Radio Free Lenawee’s owner and operator, took the position that he had a constitutional right to continue his radio broadcasts without interference from the government.”
United States v. Any & All Radio Station Transmission Equip., 218 F.3d 543 (6th Cir. 2000).
“47 C.F.R. § 15.239 (b). When a broadcaster violates the § 301 licensing requirement with willful and knowing intent, the United States is authorized to seize and forfeit the equipment used in connection with the unlicensed radio broadcasting.”
United States v. ANGELES (D.N.J. 2021).
· cites it 3× “9 MHz frequency exceeded the limits of FCC rules, found at 47 C.F.R. § 15.239 (id. ¶ 15); however, the FCC had no record of authorization for an FM radio broadcast station at or near the subject residence.”
United States v. Sutton (W.D. Ark. 2024).
“47 C.F.R. § 15.239 . Transmitting signals greater than 250 microvolts at the prescribed distance requires a license under § 301.”
— 47 C.F.R. § 15.239(b) — 1 case
United States v. Roy Neset, 235 F.3d 415 (8th Cir. 2000).
“See 47 C.F.R. § 15.239 (b) (88-108 mhz FM transmissions not exceeding 250 micro-volts per meter at distance of 3 meters).”
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