360 Federal Oommunications Oommission Reports
F.C.C. 74-87
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of
WAIVER OF PART 15 OFTHE COMMISSION'S RULES
To RELAX THE TECHNICAL LIMITATIONS IM 
POSED ON THE OPERATION OF A Low POWER
CoMMUNICATION DEVICE IN THE A!.\£ BROAD 
CAST BAND
ORDER
(Adopted January 30, 1974; Released February 13, 1974)
By THE COMMISSION:
1. By a letter received on October 2, 1972, Victor H. Fischer, Pitts 
burgh, Pennsylvania, representing himself as the spokesman for a
group which calls itself Western Pennsylvania Youth Radio, petitions
the Commission to waive the technical restrictions imposed by Part 15
on input power and antenna length permitted for a Low Power Com 
munication Deyice operating in the A!.\£ broadcast band without an
individual license. The petitIoner desires to furnish a noncommercial
educational radio service to his community by using equipment which
cannot comply with Part 15. .
2. Prior to requesting a waiver of Part 15, the petitioner was il 
legally operating a six-watt transmitter and carrying on the low power
broadcast operation described in his petition. Such operation was the
subject of a complaint which was investigated hy the CommiSsion's
Field Operations Bureau and the petitioner was informed that his
operation did not comply with Part 15 and that such operation (with 
out an individual license) was in violation of the Commtmications Act.
As a result of this admonition, the petitioner terminated his operation.
The petitioner then sought legal status for his operation, and inaletter
to the Commission dated September 5, 1972, requested a license to
operate a noncommercial educational community service radio station.
The Commission's reply, dated September 15, 1972, informed the peti 
tioner that his proposed operation was not eligible for licensing under
anv of the provisions set out in the Commission's Rules fora broadcast
station. Our refusal of the petitioner's request prompted the filing of
the subject petition.
3. Part 15 of our Rules permits operation in the AM Broadcast
Band of a miniature transmitter, called a Low Power Communication
DeVIce, without an individual license provided that the input power
to the device does not exceed 100 milliwatts and that the total length
of the transmission line plus the antenna does not exceed 10 feet. In
addition, our Rules limit the level of emissions on spurious frequencies,
45 F.e.e. 2d
Low PoicerOommunicationDevice'-AM BroadcfUJt Band 361
and the amount of RF energy that may be conducted into public
utility .power lines. These technical specifications a·re designed to limit
communication range for the protection of authorized radio services
from harmful interference, and yet are considered to be sufficiently
lenient that a reasonable operating range is provided for a Low Power
Communication Device. Moreover, regardless of strict adherence to
the technical limitations in Part 15, a Low Power Communication
Device is permitted to operate ona sufferance basis only, and in the
event harmful interference is caused to any licensed radio station,
operation must cease promptly. Because of this overriding noninter 
ference condition and the severe technical limitations imposed, Part
15 cannot be used to provide a regular broaq,castingservice.
4. In essence, the petitioner proposes that the Commission suspend
the technical limitations in Part 15 to permit him to carryon a non 
licensed operation providing coverage and service that would resemble
are~larbroadcast operation. Because relaxation of the technical
specifications and operating conditions set out in Part 15 would
greatly increase interference potential to the regular broadcast service,
the Commission has not granted such requests as the petitioner's in
the.past. The intent of Part 15 is to provide the radio enthusiast with
an opportunity to experiment with radio, and to entertain friends or
neighbors within a very limited communication range. The Commis 
sion never intended that Part 15 be used toestaJblish a low powerbroad 
cast facility to service an entire community.
5. In support of his request, the petitioner sets out the technical
requirements for his propospd operatIon, and merely states that inter 
ference will not be caused. The petitioner has offered no information
or technical data to justify waiver of our rules; moreover, there is no
showing how the public interest would be served if the restrictions in
Part 15 were suspended to permit the petitioner to carry on his pro 
posed operation.
6. Th.e Commission is not convinced that grant of the petitioner's
request is either justified or appropriate. Accordingly, IT IS OR 
DERED, That the petitioner's request for waiver of Part 15 is
DENIED.
FEDERAL COMMUNICATIONS CoM1\IISBION,
VINCENT J. MULLINS, Secretary.
45 F.e.e. 2d