OT: CFR-97 Amateur Radio type acceptance

[Edward R Cole]

This is spin off of the JARD certification thread.  Regarding FCC
type acceptance: CFR-47: 97.315
As a general disclaimer FCC regs are written legalese language which
is almost impossible to completely translate to common language and logic.

97.315, b) Any external RF power amplifier or external RF amplifier
kit...must be type accepted...  This requirement does not apply if
one or more of the following conditions are met:

1) The amplifier is not capable of operations below 144 MHz...
2) The amplifier was manufactured before April 28, 1978...
3) The amplifier was:
    (i) Constructed by the licensee, not from an amplifier kit, for
use by the licensee...
    (ii) Modified by the licensee...
4) The amplifier was sold by an amateur operator to another amateur
operator or to a dealer.
5) The amplifier is purchased in used condition by an equipment
dealer from an amateur operator...and is further sold to another
amateur operator...

Disclaimer: This info was provided as general information does not
construe providing legal advice by this writer.

73, Ed - KL7UW
http://www.kl7uw.com
     "Kits made by KL7UW"
Dubus Mag business:
     [hidden email]
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[Jim Wiley]

Sorry, that is not exactly what the current regulation says.  The
following is taken from the Electronic Code of Federal Regulations,
current as of January 06, 2014:   Here is a link to that document:
*http://tinyurl.com/lf7qqyk*

Quote:

§97.315   Certification of external RF power amplifiers.

(a) Any external RF power amplifier (see §2.815 of the FCC Rules)
manufactured or imported for use at an amateur radio station must be
certificated for use in the amateur service in accordance with subpart J
of part 2 of the FCC Rules. No amplifier capable of operation below 144
MHz may be constructed or modified by a non-amateur service licensee
without a grant of certification from the FCC.

(b) The requirement of paragraph (a) does not apply if one or more of
the following conditions are met:

(1) The amplifier is constructed or modified by an amateur radio
operator for use at an amateur station.

(2) The amplifier was manufactured before April 28, 1978, and has been
issued a marketing waiver by the FCC, or the amplifier was purchased
before April 28, 1978, by an amateur radio operator for use at that
operator's station.

(3) The amplifier is sold to an amateur radio operator or to a dealer,
the amplifier is purchased in used condition by a dealer, or the
amplifier is sold to an amateur radio operator for use at that
operator's station.

(c) Any external RF power amplifier appearing in the Commission's
database as certificated for use in the amateur service may be marketed
for use in the amateur service.

[71 FR 66465, Nov. 15, 2006]

__________

Note the differences between the above text and the text below from a
previous message.

- Jim, KL7CC





On 1/7/2014 11:43 PM, Edward R Cole wrote:

> This is spin off of the JARD certification thread. Regarding FCC type
> acceptance: CFR-47: 97.315
> As a general disclaimer FCC regs are written legalese language which
> is almost impossible to completely translate to common language and
> logic.
>
> 97.315, b) Any external RF power amplifier or external RF amplifier
> kit...must be type accepted...  This requirement does not apply if one
> or more of the following conditions are met:
>
> 1) The amplifier is not capable of operations below 144 MHz...
> 2) The amplifier was manufactured before April 28, 1978...
> 3) The amplifier was:
>    (i) Constructed by the licensee, not from an amplifier kit, for use
> by the licensee...
>    (ii) Modified by the licensee...
> 4) The amplifier was sold by an amateur operator to another amateur
> operator or to a dealer.
> 5) The amplifier is purchased in used condition by an equipment dealer
> from an amateur operator...and is further sold to another amateur
> operator...
>
> Disclaimer: This info was provided as general information does not
> construe providing legal advice by this writer.
>
> 73, Ed - KL7UW
> http://www.kl7uw.com
>     "Kits made by KL7UW"
> Dubus Mag business:
>     [hidden email]
> ______________________________________________________________
> Elecraft mailing list
> Home: http://mailman.qth.net/mailman/listinfo/elecraft
> Help: http://mailman.qth.net/mmfaq.htm
> Post: mailto:[hidden email]
>
> This list hosted by: http://www.qsl.net
> Please help support this email list: http://www.qsl.net/donate.html
>

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[Edward R Cole]

Jim,

Thanks for the updated regs.  My copy of CFR-47 is admittedly dated.

But comparing the two I do not see a substantial
difference in what the regulations say.  The
language has been streamlined a bit and
minimized.  I left out some detail to try keeping
the main statements clear.  I used "..." to
indicate a break in the copied text.  One should
always refer to the proper document for making
any legal decisions, thus my disclaimer.

subpara (2) is expanded to be more
precise.  Otherwise I see no regulatory change, only a re-write of the text.

The main problem most of us have is that
regulations are written such that questions
always remain to what exactly they say.  That is
why you pay $300/hour attorneys specializing in FCC rules to get legal advice.

73, Ed - KL7UW

At 11:57 PM 1/7/2014, Jim Wiley wrote:

>Sorry, that is not exactly what the current
>regulation says.  The following is taken from
>the Electronic Code of Federal Regulations,
>current as of January 06, 2014:   Here is a link
>to that document: <http://tinyurl.com/lf7qqyk>http://tinyurl.com/lf7qqyk
>
>Quote:
>
>§97.315   Certification of external RF power amplifiers.
>
>(a) Any external RF power amplifier (see §2.815
>of the FCC Rules) manufactured or imported for
>use at an amateur radio station must be
>certificated for use in the amateur service in
>accordance with subpart J of part 2 of the FCC
>Rules. No amplifier capable of operation below
>144 MHz may be constructed or modified by a
>non-amateur service licensee without a grant of certification from the FCC.
>
>(b) The requirement of paragraph (a) does not
>apply if one or more of the following conditions are met:
>
>(1) The amplifier is constructed or modified by
>an amateur radio operator for use at an amateur station.
>
>(2) The amplifier was manufactured before April
>28, 1978, and has been issued a marketing waiver
>by the FCC, or the amplifier was purchased
>before April 28, 1978, by an amateur radio
>operator for use at that operator's station.
>
>(3) The amplifier is sold to an amateur radio
>operator or to a dealer, the amplifier is
>purchased in used condition by a dealer, or the
>amplifier is sold to an amateur radio operator
>for use at that operator's station.
>
>(c) Any external RF power amplifier appearing in
>the Commission's database as certificated for
>use in the amateur service may be marketed for use in the amateur service.
>
>[71 FR 66465, Nov. 15, 2006]
>__________
>
>Note the differences between the above text and
>the text below from a previous message.
>
>- Jim, KL7CC
>
>
>
>
>
>On 1/7/2014 11:43 PM, Edward R Cole wrote:
>>This is spin off of the JARD certification
>>thread.  Regarding FCC type acceptance: CFR-47: 97.315
>>As a general disclaimer FCC regs are written
>>legalese language which is almost impossible to
>>completely translate to common language and logic.
>>
>>97.315, b) Any external RF power amplifier or
>>external RF amplifier kit...must be type
>>accepted...  This requirement does not apply if
>>one or more of the following conditions are met:
>>
>>1) The amplifier is not capable of operations below 144 MHz...
>>2) The amplifier was manufactured before April 28, 1978...
>>3) The amplifier was:
>>    (i) Constructed by the licensee, not from
>> an amplifier kit, for use by the licensee...
>>    (ii) Modified by the licensee...
>>4) The amplifier was sold by an amateur
>>operator to another amateur operator or to a dealer.
>>5) The amplifier is purchased in used condition
>>by an equipment dealer from an amateur
>>operator...and is further sold to another amateur operator...
>>
>>Disclaimer: This info was provided as general
>>information does not construe providing legal advice by this writer.
>>
>>73, Ed - KL7UW
>><http://www.kl7uw.com>http://www.kl7uw.com
>>     "Kits made by KL7UW"
>>Dubus Mag business:
>>     <mailto:[hidden email]>[hidden email]
>>______________________________________________________________
>>Elecraft mailing list
>>Home:
>><http://mailman.qth.net/mailman/listinfo/elecraft>http://mailman.qth.net/mailman/listinfo/elecraft 
>>
>>Help: <http://mailman.qth.net/mmfaq.htm>http://mailman.qth.net/mmfaq.htm
>>Post: <mailto:[hidden email]>mailto:[hidden email]
>>
>>This list hosted by: <http://www.qsl.net>http://www.qsl.net
>>Please help support this email list:
>><http://www.qsl.net/donate.html>http://www.qsl.net/donate.html

73, Ed - KL7UW
http://www.kl7uw.com
     "Kits made by KL7UW"
Dubus Mag business:
     [hidden email]
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[Phil Kane-2]

On 1/8/2014 12:43 AM, Edward R Cole wrote:
> This is spin off of the JARD certification thread.  Regarding FCC
> type acceptance: CFR-47: 97.315

First of all, there no longer is such thing as "type acceptance".  See
FCC Rules Part 2 Subpart J for current equipment authorization requirements.
External power amplifiers must be "certified".

> As a general disclaimer FCC regs are written legalese language which
> is almost impossible to completely translate to common language and
> logic.

I have no problem with parsing and understanding FCC Rules and
Regulations or the Communications Act and other applicable statutes,
having spent my whole professional career (at the FCC and in the private
sector) in reading, writing, interpreting, and enforcing them both as an
engineer and as an attorney. No different skills from those necessary
for designing and testing electrical/electronic circuitry.

> 97.315, b) Any external RF power amplifier or external RF amplifier
> kit...must be type accepted...  This requirement does not apply if
> one or more of the following conditions are met:

Totally obsolete language. The current language regarding this matter
has been posted by others, and has been in effect since October 1998,
with minor revision in December 2006 regarding 10/12 meter band coverage.

----
73 de K2ASP - Phil Kane
ARRL Volunteer Counsel
Elecraft K2/100   s/n 5402

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon
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