RE: [TCML] Is my 10" Tesla Coil Illegal ?

["Jim Harvey (UDN)" <harvey.james@xxxxxxxxxxxxxxx>]

Greetings...
I don't post very often but a comment made in this thread said,

========
As far as the RFI, you're probably ok. You're not an "intentional radiator",
and, in fact, you're probably not subject to Part 15 rules at all.
Basically, the folks who are getting interfered with just have to lump it. -
Jim Lux
================

As an amateur radio operator (call sign W7YV), I've had a few opportunities
to defend my own station with regard to interference to others. My hobby is
covered under 47 CFR Part 97. As long as I meet the requirements of being
licensed and do not exceed certain limits, then the folks I might interfere
with "just have to lump it." In reality, I would do what I could to resolve
the problem in the interest of being a good neighbor.

However, Tesla Coils would be classified as an incidental or unintentional
radiator and, therefore 47 CFR Part 15 does apply.

Below my signature are some links and excerpts that apply to this case. I am
not an attorney and don't wish to debate law with anyone but my bottom line
is this:

If someone with a Tesla Coil generated RF interference that disrupted any
receiving device I might be operating (TV, ham radio, garage door opener,
alarm system, automatic toilet flusher, etc.), my actions would be as
follows:
A. A calm friendly chat with the operator pointing out the problem and the
regulations below.
B. If the problem persists, I would file an FCC complaint.

The FCC likes to make examples of people. They don't need the courts. They
simply file a NOTICE OF APPARENT LIABILITY (for $10K bucks or so) and you
have to pay or spend a fortune fighting the lien they put on your house,
your car, and bank accounts, and your houseboat. It truly is an agency where
you are guilty until proven innocent.

Cheers!

73 & Stay Vertical,

Jim Harvey (W7YV) - The Great Curmudgeon
Hunkered down in the USA


============ EXCERPTS
http://www.access.gpo.gov/nara/cfr/waisidx_04/47cfr15_04.html

http://edocket.access.gpo.gov/cfr_2004/octqtr/pdf/47cfr15.5.pdf

§ 15.5 General conditions of operation.
(a) Persons operating intentional or
unintentional radiators shall not be
deemed to have any vested or recognizable
right to continued use of any
given frequency by virtue of prior registration
or certification of equipment,
or, for power line carrier systems, on
the basis of prior notification of use
pursuant to § 90.63(g) of this chapter.
(b) Operation of an intentional, unintentional,
or incidental radiator is subject
to the conditions that no harmful
interference is caused and that interference
must be accepted that may be
caused by the operation of an authorized
radio station, by another intentional
or unintentional radiator, by industrial,
scientific and medical (ISM)
equipment, or by an incidental radiator.
(c) The operator of a radio frequency
device shall be required to cease operating
operating
the device upon notification by a
Commission representative that the
device is causing harmful interference.
Operation shall not resume until the
condition causing the harmful interference
has been corrected.
(d) Intentional radiators that
produce Class B

 

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