The 15 dB gain limitation made more sense when Part 97.317 included a companion restriction of requiring not less than 50-watts drive power to attain the amp's rated output power. If a Part 95 user had the wherewithal to somehow modify a recently manufactured QRP-input type amp, 15 dB still places a 4W Part 95 transceiver at roughly 140-watts AM, 400W SSB (Part 95.410). Part 97.317(a)(3) already states: "no amplification (0 dB gain) between 26 MHz and 28 MHz."
I believe the gain restriction could be dispensed with, and the remaining sections of 97.317 kept intact -- and little detriment would occur. As to HF amp kits requiring certification, I see no dispositive section in the CFR that affirmatively compels certification of a kit for use in Part 97 service. Section 97.315 clearly discusses "manufactured and imported" amplifiers -- kits are not specifically included in the rule. However, there may be relevant case law on the matter that backs up the CFR -- and the FCC may have invoked internal policy decisions in the past, but someone could create an argument that if the FCC had wanted to compel certification of HF amp kits, they could have easily done so and that requirement should have been implemented as a matter of procedure under the APA. The argument can be further bolstered under Part 97.315(a)(1) which states amplifier certification is not required if: "...the amplifier is constructed or modified by an amateur radio operator for use at an amateur station." Does the term "construction" mean home-brew only with parts secured on-hand and through multiple vendors? Or, does construction also mean "in kit form," where the parts are consolidated for sale? The question is then: how does one interpret the exact rule of law? The "in kit form" term could have been easily defined and included in Sections 97.315 and 2.815, but it isn't. If the government intends to prohibit something that's simple to read and interpret, they need to codify it in a rule and not leave it to guess work. Other means to get the FCC's position on the matter can take the form of form of a Declaratory Ruling or Advisory Opinion. Paul, W9AC ----- Original Message ----- From: "Jim Miller" <[email protected]> To: "Elecraft Reflector" <[email protected]> Sent: Monday, April 19, 2010 9:52 AM Subject: Re: [Elecraft] News from Visalia! > Is there some obvious reason why the FCC chose 15dB as the gain limit? > > 73 > > jim ab3cv > ______________________________________________________________ > Elecraft mailing list > Home: http://mailman.qth.net/mailman/listinfo/elecraft > Help: http://mailman.qth.net/mmfaq.htm > Post: mailto:[email protected] > > This list hosted by: http://www.qsl.net > Please help support this email list: http://www.qsl.net/donate.html > ______________________________________________________________ Elecraft mailing list Home: http://mailman.qth.net/mailman/listinfo/elecraft Help: http://mailman.qth.net/mmfaq.htm Post: mailto:[email protected] This list hosted by: http://www.qsl.net Please help support this email list: http://www.qsl.net/donate.html
