On Mon, Dec 02, 2002 at 03:20:12PM -0600, Jeff King wrote:
> Would you also need to mine the silicon for the transistor's and carbon for the
> resistor's to be compliant with 15.23?
No. In fact, you could do what TAPR (www.tapr.org) attempted to do
with their SS radio.
> Until and unless you have a written ruling, it is up in the air. The unnamed
> friend of a friend, or my buddy at the FCC is not a ruling. If your not
> marketing the device, 15.23 says your free to experiment with it as long as you
> are in good faith technical compliance with the rules.
I agree that having a policy statement or ruling from the FCC would
be helpful. In that case, your interpretation may be just as valid
as mine. I just disagree with your take on 15.23.
Keep in mind that in interpreting the FCC's rules, you really need
to go through all the rules that may impact the section you are
looking at. For instance:
Section 15.201 Equipment authorization requirement.
[...]
(b) Except as otherwise exempted in paragraph (c) of this
Section and in Section 15.23 of this Part, all intentional
radiators operating under the provisions of this Part shall
be certificated by the Commission pursuant to the procedures
in Subpart J of Part 2 of this Chapter prior to marketing.
Keep in mind that 15.23 said:
15.23 Home-built devices.
(a) Equipment authorization is not required for devices
that are not marketed, are not constructed from a kit, and
are built in quantities of five or less for personal use.
(b) It is recognized that the individual builder of
home-built equipment may not possess the means to perform
the measurements for determining compliance with the
regulations. In this case,the builder is expected to employ
good engineering practices to meet the specified technical
standards to the greatest extent practicable. The provisions
of 15.5 apply to this equipment.
So lets see if we can find more data on 15.23...
Unfortunately, going through the Pike and Fischer site that has all
of the rules, most of the NOIs, NPRMs, and court cases (from 1986
to 11/27/2002), I could only one applicable reference to 15.23...
>From the NPRM
ET Docket No. 02-98 (FCC 02-136, May 15, 2002)
Amendment of Parts 2 and 97 [The HAMs section of the R&R -
Tim] of the Commissions Rules to Create a Low Frequency
allocation for the Amateur Radio Service Amendment of Parts
2 and 97 of the Commissions Rules Regarding an Allocation
of a Band near 5 MHz for the Amateur Radio Service Amendment
of Parts 2 and 97 of the Commissions Rules Concerning the
Use Of the 2400-2402 MHz Band by the Amateur and Amateur-Satellite
Services"
[...]
27. Amateur radio operations in the 160-190 kHz band under
the Part 15 rules will not be affected. Under these rules,
amateur operations must meet certain power and antenna
length requirements, but they also are allowed to build and
operate some equipment of their own design.[62] We thus note
that amateurs do have some flexibility to achieve wideband
communications and thus, the need to provide a secondary
amateur service allocation in the 160-190 kHz band is
reduced. We seek comment on our tentative decision to not
provide the allocation in this band that ARRL requested.
[...]
Footnote:
[...]
[62] See 47 C.F.R. 15.23 (the rule allows for an amateur to
construct no more than five home-built devices that are not
marketed or not constructed from a kit)
Not much help. It does see 15.23 as a way for amateurs to still
create and use devices under this NPRM with 15.23.
So let's deal with the rules. 15.201 says "equipment authorization"
is needed for everything 'cept what is defined in 15.201(c) and
15.23. 15.23 states we don't have to get "equipment authorization"
for devices that are "not marketed, are not constructed from a kit,
and are built in quantities of five or less for personal use."
(BTW... "Marketed" is a term used in other places in Part 15 where
they talk about equipment cannot be "marketed or sold" in the US
unless it is certified.)
So I don't see how one can take a device that is marketed and sold
in the US (hence needed certification) and use it under part 15.23.
Part 15 sounds like it is an "out" for amateurs to design and build
equipment in small quantities for thier own use.
Tim
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