[Elecraft] News from Visalia!

[Paul Christensen]

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" <jim at jtmiller.com>
To: "Elecraft Reflector" <elecraft at mailman.qth.net>
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
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