You should have just left it at: > 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.
As to the rest, it is just idle speculation on both our parts. Can I suggest your time is better spent writing the FCC and asking for a clarification if what you are looking for is to make a point on the mailing list? That is all I was asking for... facts, not armchair lawyering. I'll happily fall on my sword at that point if I am mistaken. Otherwise, it is back to the soldering iron hacking that SS WLAN gear. -Jeff P.S. What TAPR tried to do was done under part 97, not part 15. Quoting Tim Pozar <[EMAIL PROTECTED]>: > 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 > -- general wireless list, a bawug thing <http://www.bawug.org/> [un]subscribe: http://lists.bawug.org/mailman/listinfo/wireless
