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FCC Rules: The Straight Dope

Let me apologize in advance to the moderator and to the list, 
but this will take a while.

I aint no lawyer, but I do have several sets of CFR 47 and deal with 
them professionally and as a hobbyist. There seems to be a lot of 
uninformed speculation on the list about what is and ain't allowed 
under FCC rules, which I will comment on in a moment.

<snip>

> Tesla List wrote:
> > 
> > Original Poster: Greg Leyh <lod-at-pacbell-dot-net>
> > 
> > Hi All,
> > 
> > I occasionally bring this up on the list, in the hopes that
> > an FCC-savvy lawyer might have just recently joined.
> > 
> > How does one approach the FCC in order to get their blessing
> > to operate a Tesla coil?  Are there ever exceptions or
> > variances granted?  Can the coil be creatively classified in
> > some way to minimize the legal hurdles?
> > 
> > This is an academic exercise.  Please do not provide skewed
> > answers such as  "Just be a good neighbor and the FCC won't
> > have to be involved", etc.  I wish to discover if one can
> > run a TC 'on the level', in the true bureaucratic sense!
> > --
> > 
> > -GL
> > www.lod-dot-org
> 
<snip>

	Greg, the first thing is to find a part in Title 47 where you want 
	fit into the rules.  If it does not fit you, you petition for a new 
	rule.  This is truly a herculean task.  You can get an STA or
	Special Temproary Authority, which have sometimes been issued
	to operate historical spark gap radio equipment for special events.

	To legally operate a TC under Part 15 of Title 47, Code of Federal
	Regulations, MOST OF US can claim an exemption under 15.23 for 
	home built devices, built in quantity of 5 or less for personal use.
	Part 15 sets out the rules for operating an "intentional radiator"
or
	"incidental radiator", defined in 15.3 (n) as 

	"A device that generates radio frequency energy during the course 
	of its operation although the device is not designed to generate or 
	emit radio frequency energy.  Examples of incidental radiators are
	dc motors, mechanical light switches, etc."

	An "intentional radiator" is defined in 15.3 (o) as

	"A device that intentionally generates and emits radio frequency 
	energy by radiation or induction."

	Paragraph 15.5 sets general conditions of operation which I will
	paraphrase.
	(a) You have no right to any given frequency
	(b) You must cause no harmful interference, and must tolerate all
interference.
	(c) If you interfere, you must cease operations until interference
is corrected.
	(d) Intentional radiators that produce Class B emissions (damped
wave) are prohibited.

	So a spark gap TC is prohibited if it falls under "intentional
radiators" 
	which many would argue it does since it works by induction.  One
might
	argue that the TC is an air core transformer, and therefore does NOT

	intentionally radiate. Then the exemption in 15.23 would apply to a 
	hobbyist TC and it could legally be operated under 15.5 until your
	neighbor complains.

	As far as some posts I have seen recommending freqs of operation,
	you have no legal eligibility to operate under those parts of the
rules,
	since you do not meet the technical and/or licensing requirements.
	The DOC (via the FCC) allocates frequencies from 9 kHz to 300 GHz by
	presidential order in accordance with international treaty.  Freqs
below 
	9 kHz or above 300 GHz are not allocated, but you must still abide
by 
	rules similar to 15.5 above.

	Apologies to the list moderator for the length of this post, but a
lot of 
	bandwidth has been consumed in ininformed speculation.

	I hope this sets the record straight.  Hobbyist TCs may be tolerated

	under the thinnest of legal margins found in CFR 47 Part 15.  This 
	leaves commercial coilers exposed.  And sorry, Greg, but the "skewed

	answer" you referred to is actually codified under CFR 47 Part 15.

	BTW in my library are several sets of CFR 47 from the 1970s to
present.
	I may be able to post pertainent parts to my wep page www.altair-dot-org

	and/or donate an older set to a suitable repository as a resource
for the
	TC community.  

	altair

William E. Payne
275 Oak Hills Dr
Dallas, GA    30132

770-494-1104 (day)

altair-at-altair-dot-org
www.altair-dot-org

William E. Payne
Lockheed Martin Aeronautical Systems
Flight Operations Communications
86 South Cobb Drive
Marietta, GA   30063-0628

770-494-1104    Voice
770-494-2114    Fax
will.e.payne-at-lmco-dot-com     email