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Honestly this guy should just do it, get a Ramsey FM25B and crank it up. If no one ever complains or notices no problems. At worse the FCC could tell him is shut it down, no fines unless he doesn't comply.
He could surely get approved for LPFM, if he wants to make the investment.
Problem with that thinking is, if the FCC does find him, that becomes part of a public record that will sit in their files and on the internet forever. Not everyone might care to wear that tag.
This is the kind of issue I deal with every day. Some broadcasters take the same approach to FCC compliance... intentionally ignoring rules revolving around EAS, public files, minimum staff, main studios, public phone access, designated chief operators, station IDs, directional antenna parameters and monitoring, night-time power reductions, truthful entries on FCC applications, tower and lighting maintenance and monitoring, etc. Some feel the resultant first-time fine would be less than the cost of compliance. Others feel that projecting a "gee, I didn't know" position will get them by. The recent reductions in field offices hasn't helped, leading some to believe the 'Commish has their hands full, just looking for the occasional interference to aircraft channels.
Thankfully, there are enough responsible broadcasters out there that most of us contractors can choose whether to work for folks like these.
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