FM Transmitter (personal Device) - European Legality of FM Transmitters

European Legality of FM Transmitters

The European Union's Radio Spectrum body the ERO (European Radiocommunications Office) has recently introduced a recommendation document (Table/Annex 13) for Member States to include Transmitters in the FM Band for Music Devices. The underlying specification suggests that the radio transmitter will only emit a maximum of 50 nanowatts Effective radiated power. It is not known what the current "iTrip" device emits although it is known that some devices supposedly manufactured to the US "FCC Part 15" standard emit considerably more. It also has to be ratified and entered into law in each European State, meaning that consultation will normally take place with the users of the spectrum in each country, a protracted and sometimes lengthy process. Until the recommendation is put in place and the law in the country of residence changed, an FM transmitter remains illegal to operate in many EU countries. Due to the minuscule range of these devices the existing legislation is rarely enforced against end users, although retailers in some jurisdictions have been threatened with prosecution.

Within the European Radiocommunications Office in the case the of the Members States that also belong to the European Union the situation is as follows. In 2006, the legislative powers for harmonisation of the technical conditions for use of spectrum for a wide variety of short-range devices, including applications such as alarms, local communications equipment, door openers and medical implants were transferred from the EU Member States to the European Union by Decision of the European Commission 2006/771/EC. Therefore European States no longer have legislative powers in this field, but the powers to police and impose sanctions for non-respect of this EU acts remain in the hands of the Member States. Following the recommendation of the European Radiocommunications Office, by Decision of the European Commission 2009/381/CE amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices, in the frequencies of 87,5-108 MHz, it is allowed to use micro FM transmitters of less than 50 nanowatts Effective radiated power. Since then, these FM transmitters are automatically allowed to enter and being marketed in the territory of the European Union for the use of consumers, as long as they have the CE mark. For countries that belong to the European Radiocommunications Office but are not Member States of the European Union, national law applies and reference has to be made to legal procedures of each country.