[SFDXA] ARLB045 FCC Denies Expert Linears' Request for Waiver of 15 dB Rule, Petition Pending

[William Marx]

> SB QST @ ARL $ARLB045
> ARLB045 FCC Denies Expert Linears' Request for Waiver of 15 dB Rule,
> Petition Pending
> 
> ZCZC AG45
> QST de W1AW  
> ARRL Bulletin 45  ARLB045
> From ARRL Headquarters  
> Newington CT  December 28, 2016
> To all radio amateurs 
> 
> SB QST ARL ARLB045
> ARLB045 FCC Denies Expert Linears' Request for Waiver of 15 dB Rule,
> Petition Pending
> 
> The FCC has denied a request by Expert Linears America LLC to waive
> Part 97.317(a)(2) of the Amateur Service rules limiting amplifier
> gain. Expert, of Magnolia, Texas, distributes linears manufactured
> by SPE in Italy. Its waiver request, filed in June, would have
> allowed Expert to import an amplifier capable of exceeding the
> current 15 dB gain limitation as it awaits FCC action on its April
> petition (RM-11767) to revise the same Amateur Service rules. That
> petition remains pending. Expert has asserted that there should be
> no gain limitation on amplifiers sold or used in the Amateur
> Service. Most commenters supported Expert's waiver request, but a
> couple of commenters - including FlexRadio - demurred.
> 
> "In light of the conflicting comments regarding the desirability of
> eliminating the 15 dB limitation, we conclude that waiving the
> limitation at this stage of the rulemaking proceeding would
> prejudice the rulemaking proceeding and prematurely dispose of
> commenters' concerns," the FCC said in denying the waiver.
> "Moreover, we agree with FlexRadio that granting Expert's waiver
> request while the rulemaking petition remains pending would provide
> an unfair market advantage for one equipment model over other
> manufacturers' RF power amplifiers that would still be limited by
> [the existing rules]."
> 
> The FCC said it would rather give full consideration to "the pending
> issues" and apply the result of the rulemaking proceeding to all
> Amateur Radio Service equipment. The Commission said rule waivers
> "generally" are not warranted "merely to accommodate technical
> parameters that are based solely on harmonization with the
> manufacturer's products available abroad."
> 
> The FCC said a minority of those commenting on the waiver request
> expressed concern that eliminating the 15 dB limitation would lead
> to an overall increase in power levels, "including transmissions
> that intentionally or unintentionally exceed the maximum power
> limit."
> 
> In its April rulemaking petition, Expert maintained that the 15 dB
> gain limitation is an unneeded holdover from the days when
> amplifiers were less efficient and the FCC was attempting to rein in
> the use of Amateur Service amplifiers by Citizens Band operators.
> 
> Although the FCC had proposed in 2004 to delete the requirement that
> amplifiers be designed to use a minimum of 50 W of drive power - and
> subsequently did so - it did not further discuss the 15 dB limit in
> the subsequent Report and Order in that proceeding.
> 
> Expert has pointed to its Model 1.3K FA amplifier as an example of a
> linear "inherently capable of considerably more than 15 dB of
> amplification," which would make it a suitable match for low-power
> transceivers now on the market.
> 
> The full Report and Order can be found on the web in PDF format at,
> https://apps.fcc.gov/edocs_public/attachmatch/FCC-06-149A1.pdf .
> NNNN
> /EX