[Elecraft] OT: CFR-97 Amateur Radio type acceptance

[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:dubususa at gmail.com>dubususa at gmail.com
>>______________________________________________________________
>>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:Elecraft at mailman.qth.net>mailto:Elecraft at mailman.qth.net
>>
>>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:
     dubususa at gmail.com