Question about US regulations and selling pedals

[Tronix]

Hello, I'm new here. I've been browsing the forums for a long time and finally decided to signup! 

Recently I've been thinking about selling some of my projects and I came across posts about potential legal problems with FCC regulations...

• http://www.diystompboxes.com/smfforum/index.php?topic=42399.20
• http://www.diystompboxes.com/smfforum/index.php?topic=107145.0
• http://www.effectsbay.com/2014/05/fcc-regulations-for-pedals/
• http://www.muzique.com/news/fcc-part-15/

I would consider myself a hobbyist and I want to avoid any legal problems obviously.
I only plan to sell in the US, and in small numbers. No plans currently to turn this into a fullblown business. So my question is, do we have to worry about the pedal being an "unintentional radiator" (and thus testing) is these cases:

- simple utility pedals (A/B switches, stereo sum, mute switch, volume, etc)
- classic fuzz or OD circuits (transistor or opamp based, things like the Dallas Rangemaster, MXR dist+, EchoPlex pre, jfet boost, etc)

From what I've read it seems like you only have to start considering testing when you get into delay, reverb, or some designs (like a Klone) with a charge pump. Correct?

[thermionix]

The answer I would give you is not the "correct" answer. 

[thermionix]

Oh yeah, and "Welcome!"  (From one t__onix to another!)

[merlinb]

I would consider myself a hobbyist and I want to avoid any legal problems obviously.
I only plan to sell in the US, and in small numbers. No plans currently to turn this into a fullblown business. So my question is, do we have to worry about the pedal being an "unintentional radiator"

No one is going to come after a one-man-band making a handful of obscure (and let's face it, harmless) pedals for sale. And even if they did, they would just tell you to stop or get them tested. No biggie.

[EBK]

Of the types of circuits you mentioned, the only ones that could give you regulatory heartburn would probably be ones that use a charge pump to generate higher or negative voltages.  These fall under the category of "digital devices" because they have a clock-like signal over a certain frequency, which I'm too lazy to look up at the moment. 

Technically, the regulations do not carve out any exceptions for small volume sellers.  So, your answer really falls into a betting the odds/weighing the risks gray area.  The FCC is using limited public funding and other limited resources to enforce its regulations.  That generally means that they very likely wouldn't notice your pedal or care a whole lot.  I'm not sure what would happen of you pissed someone off and they tried to directly report you to the FCC. (it would certainly mean that you have really weird enemies though.)  Weigh that against the estimated $5,000 it would cost to test and certify your device (yuck).

Almost forgot to add this:
The above does not constitute legal advice. 

[GibsonGM]

Also not legal advice:   Go ahead and make/sell one-offs on Ebay or your own site.   There are not many FCC 'pros' going around trying to triangulate spurious signals.    So yup, unless someone reports you, you probably will never come to anyone's eye.   If you have gross sales < $50,000 per year, you don't even count, LOL.   

Test your pedals yourself, be confident that the way you build does not emit offending signals, that they are built as safely as you can make them.

If a customer complains about your pedal, refund their money and accept the offending unit back.   Done.

If they go to the FCC - there is something wrong with them.

In my business, I have to be EPA licensed, and could get audited. Because I am licensed, and for no other reason      I work alone, and the scale of my biz is tiny compared to a 10-man operation.  They COULD audit me at any time, but I choose not to let them run me out of town by fear.  I prefer to make a living, my way.   

This is the part of "over-regulation" small biz owners complain about.  I suggest you carry on til someone informs you you're not free to do what you're doing.

[vigilante397]

I agree with everything already said. I have been selling my pedals for about 4 years, mostly by word of mouth and through Facebook, and nobody has reported me

If a customer complains about your pedal, refund their money and accept the offending unit back.   Done.

Definitely that. If anything ever goes wrong with a pedal, be it the next day or years later, I'll either fix it for free or take it back for a full refund. I don't make enough money to support myself, but I make a nice bit of "fun money."

[Tronix]

Thanks for all the responses so far!

Of the types of circuits you mentioned, the only ones that could give you regulatory heartburn would probably be ones that use a charge pump to generate higher or negative voltages.  These fall under the category of "digital devices" because they have a clock-like signal over a certain frequency, which I'm too lazy to look up at the moment.

From the effectsbay post:
A digital device is defined as "an unintentional radiator (device or system) that generates and uses timing signals or pulses at a rate in excess of 9,000 pulses (cycles) per second and uses digital techniques."
9kHz is the magic number.

So a followup question for more clarification I guess...
Even though most opamps are ICs, the pedal circuits that use them to amplify audio aren't considered "digital devices" (because the opamp doesn't internally contain anything generating a timing signal), right?

[vigilante397]

So a followup question for more clarification I guess...
Even though most opamps are ICs, the pedal circuits that use them to amplify audio aren't considered "digital devices" (because the opamp doesn't internally contain anything generating a timing signal), right?

Correct.

[digi2t]

[PRR]

A wildly-wired Fuzz-Face CAN be a radio transmitter. Plans for FM band transmitters of similar part-count abound. With ignorance and luck, you could radiate on the nearby Aviation Band, mess-up the aircraft coming into the airport near me. A Cessna could bust my roof. The daily Fokker could cream my house. Once in a while the B-17 Bomber comes in for a visit. These actually don't rely on radio because there's so little traffic at my airport. Get under the glide path at Teterboro or LAX and it could be a mess.

This is highly unlikely. (And using vintage Ge parts, perhaps impossible.) But you are supposed to "know" you aren't crapping-up the airwaves. Very little straight audio does. But it can happen.

As a chicken-shack builder: If I had handy AM FM and TV receivers, I might check for birdies and whistles that went on/off with the pedal. Or I might not.

Free legal advice is worth less than you paid.

[amptramp]

Computers sold on their own require FCC compliance but computers sold as part of other equipment (such as a washing machine) are not subject to testing.  Just claim that it's the world's smallest washing machine, you can barely see the agitator and they will leave you alone.  Not because they couldn't build a case against you, just because anyone that weird freaks them out.

Internet-quality legal advice for internet prices.

[Rob Strand]

Technically, the regulations do not carve out any exceptions for small volume sellers.   

Yep.

This is highly unlikely. (And using vintage Ge parts, perhaps impossible.) But you are supposed to "know" you aren't crapping-up the airwaves. Very little straight audio does. But it can happen.

Yep.  The responsibility falls on you to know.   If a devices passes formal testing today and you get a certificate but some production units actually fail down the track it's your problem.

For a marginal design someone could open-up the unit change the battery, upset the position of some wires and it starts oscillating at 500kHz.

Computers sold on their own require FCC compliance but computers sold as part of other equipment (such as a washing machine) are not subject to testing.

I'm not aware of any exclusions.
(See http://www.eham.net/ehamforum/smf/index.php/topic,91355.0.html)

From what I've read it seems like you only have to start considering testing when you get into delay, reverb, or some designs (like a Klone) with a charge pump. Correct?

They are high on the list.  You can only place more attention to avoiding radiation in those areas.   (How will you do that?)  It's up to you *know* all items are in compliance.    Looking at a circuit and judging it passes is only a guess.    If you guess then you can't really *know*.   Some circuits are easier guess correctly more reliably than others.

If you get away with it, is that achieving something?    The rules are there to stop problems.    In theory you could stop someone's pace-maker,  cause a machine to run amok and kill someone;  (Issues not directly covered by FCC).  The way it works is you design (and test) products to be tough enough to hand working in level X radiation.  Then you force people to make things with less than Y radiation.  If Y < X with some safety margin then things will get along with a low risk of creating problems.

[amz-fx]

In November 2017, the rules of FCC Part 15 were changed. Much of the info in the links of first post is now outdated. Some basic info about the revisions:

https://www.pillsburylaw.com/en/news-and-insights/a-primer-on-fcc-radio-frequency-device-equipment-authorization-rules.html

If your device interferes with a radio spectrum of a licensed operator, such as cell phone carrier or ham radio, then there is a good chance you will be reported. It doesn't matter if you sold only a few devices or even none at all. There are many cases of the FCC investigating individuals: https://transition.fcc.gov/eb/FieldNotices/2017.html and https://transition.fcc.gov/eb/FieldNotices/2018.html

There are numerous cases of interference from unintentional signal sources including grow lights sold at Home Depot, led lighting controllers, wireless doorbells, the outdoor lighting of a car dealership, uncertified AV transmitters used in drones or home surveillance systems, and many more. Example (pdf): https://bit.ly/2DRdN3I

FCC Enforcement Advisories: https://transition.fcc.gov/eb/Enforcement_Advisories/

FCC Rules on Unintentional Radiators: https://bit.ly/2G4mb1L

regards, Jack

[Transmogrifox]

Certifications and testing are not required.  Compliance is required.

Certifications and testing help you sleep at night and give you some legal leverage in that you can show due diligence in your methods, and that you made a concerted effort to ensure compliance with the law.

That said you can legally sell any unintentional radiator you want but the stakes can be pretty high if you aren't *damn* certain it complies. 

You can suppose a fully analog pedal without any clocks or switching power supplies is ok, but unless you are positive it doesn't go unstable at an RF frequency you can't be certain it doesn't cause interference.

The US is pretty lax about requiring proof (test reports and certifications) for domestic products (not-imported).  On this front it is as things should be:  the responsibility is with you for ensuring you comply with the law.  You will be subject to the full penalty of the law if you are found out of compliance.

The question about selling guitar pedals without going through formal RF emissions testing is a matter of risk management.  You can sell them blind and hope they comply, or you can design and test for compliance and spend a lot of money.  As an individual selling a few, you will spend more on compliance work than you will ever make on the pedals, so your options are either take the risk or stay out of the pedal business (just keep it as a personal hobby).