RE: Our friend the FCC, straight skinny part 2

To: tesla-at-pupman-dot-com
Subject: RE: Our friend the FCC, straight skinny part 2
From: "Payne, Will E" <will.e.payne-at-lmco-dot-com> (by way of Terry Fritz <terryf-at-verinet-dot-com>)
Date: Wed, 23 Sep 1998 17:28:24 -0600
Approved: terryf-at-verinet-dot-com

	Answers to Original Poster: Greg Leyh <lod-at-pacbell-dot-net> 

> Payne, Will E wrote:
> 
> Much thanks for your comprehensive description of CFR 47,
> and how it applies to TC's.  I can tell that you have had 
> some real experience with this sort of thing! 
> A couple questions:
> 
> Given the allowed field strength equation (part 18.305):
> > 25 * sqrt ( p / 500 ) uV/m measured at 300 m
> and the Part 15 the radiated limits computed by:
> > 2400 / f(kHz) in uV/m at 300m
> 
> Does the coil has to meet both these specs, or just one?
> 
Answer:

The TC operator would presumably choose to classify his TC as 
either a Part 15 device or a Part 18 device.  Once you make that
choice, you live or die by that rule part alone. 

If the FCC came to my door to inspect my NST powered TC, I would
probably try to sell it off as a Part 15 device and exempt it from 
certification under 15.23 as a home built device.

If I had a more powerful coil (as I soon hope to) or was building them 
as a business, I would probably prepare my justification under Part 18.
This would be a bit more work, but would give me less restrictive
limits on emissions.  Even so, above several kVA, the limits may be
difficult
to meet.  

You may still be able to get an STA (Special Temporary Authority ) waiver 
of the limits, provided you comply with all other provisions of Part 18.

> Also, you mentioned:
> > There is no legal 'out' for owning the property.  
> > But it would help you be a good neighbor.
> 
> How do you think the FCC would actually treat a complaint 
> by someone who lives outside the property, even though the 
> field strengths fall within the limits of the above equations 
> at the property line?
> -- 
> 
Answer:

CFR 47 leaves room for discretion.  If the FCC came to my door to 
investigate a complaint, I would be hospitable and cooperative, and 
try to show by competent measurements and good engineering that 
I was doing as best I can to reduce the emissions from a device 
which by definition operates at very high field strengths.  If I could also 
demonstrate the field strengths at the property line were within the 
Part my TC operations were claimed under, I am fairly sure there would 
be no trouble.

Caveat:  This does NOT prevent civil suits, nor preempt neighborhood 
covenants, and any of a host of other tortures an irate neighbor can inflict
!
The FCC has issued PRB-1, which preempts local laws and neighborhood 
covenants for Part 97 ONLY.

	Will