[Elecraft] UK Foundation License & Kits

[David Woolley]

Ian J Maude wrote:
> David Pratt wrote:
>> The Interface Requirement for UK Amateur licences is available at
>> http://www.ofcom.org.uk/radiocomms/ifi/tech/interface_req/ir2028.pdf
> I am confused.  Where does it state that a Foundation licensee cannot 
> *build* a transceiver or transmitter?  Whether they can use it on air is 
> moot as far as I am concerned.  The receiver part would still be usable.

As it happens, it looks like I rushed the checking of sources too much 
when doing it from the office at lunch time and managed to confuse the 
licence levels. Foundation users do have conditional permission to 
transmit using kits, so could, presumably use a transceiver kit as their 
construction project.  I couln't find an actual syllabus to see if that 
imposed extra constraints.

However, I'm fairly sure that wasn't always the case, especially as the 
kit exception seems to have been bolted onto the licence clause, and 
looks to me to be badly drafted.  I do seem to remember seeing it 
mentioned in RadCom, in the past that transmitters weren't acceptable. 
Unfortunately, my older licence copies only have the Full licence rules.

The reasons why a kit that was capable of transmitting would be 
discouraged, if it could not be immediately used, would be that the 
setup procedure might well assume going on air; the reason the operator 
would not have been allowed to use kits is basically that they would not 
be deemed to have the knowledge to set them up properly and might not be 
competent in the use of dummy loads.  (I would also suspect that a lot 
of people would apply the "thou shalt not get caught out rule" and 
transmit anyway.)

As to IR 2028, I said "some form of type approval", rather than "CE" 
approved, because I was having difficulty working out what restriction 
IR 2028 actually imposes.  It seems to me that IR 2028 doesn't actually 
impose any constraints on equipment at all, but simply specifies the 
technical parameters (frequency, modulation, and power) in which radio 
amateurs can use the spectrum.

However, on further consideration, I would say that the intent of the 
licence was definitely to require CE (or CE! - "!" means capable of 
transmitting out of band) approval.  I assume it originally (possibly 
unpublished) only referred to pre-built equipment, in which case the 
fact that it has to be available commercially means that it must be CE 
approved, as equipment cannot be sold commercially otherwise (except, 
maybe, for grand fathering).  Moreover, the only reason that the IR 
series documents exist is to provide a definition of a particular 
service in relation to the main CE marking legislation, that covers many 
services; they are part of the CE marking documentation system.

I think what was originally intended was that the equipment be CE marked 
in connection with use that fell under IR 2028, i.e. amateur radio, i.e. 
that, when used within the frequency, mode and power limits in IR 2028, 
it would meet the "essential requirements" for CE marking, namely that 
it was safe and did not cause undue interference.

My guess is that they were convinced that it was in the public good 
(self education) to permit kits, but wanted them to meet the CE 
requirements as well, and copied the language from the pre-built 
equipment sentence without realising that the primary CE marking 
legislation exempts kits of parts intended for radio amateurs from CE 
marking.

Certainly, as currently written, it doesn't seem to make sense, because 
IR 2028 doesn't impose constraints on equipment.

As to the idea that someone buying the kit can decide whether or not the 
supplier complies, I don't really believe that that would ever be 
intended.  As it is, I believe it is relatively easy for a supplier to 
self certify; they just have to document why they think that it complies 
and not have someone challenge the claim. (Kits may be more difficult, 
as you presumably have to show it will comply even when built sloppily.)

> Sorry guys, this is getting a little OT

The charter of this list is "The Elecraft list is a forum for the 
discussion of topics related to Elecraft products and more general 
topics related ham radio.".  It seems to me that the legality of 
legitimate radio amateurs using Elecraft kits is very much on topic!

-- 
David Woolley
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