> > <FF enquiry: How is it legal, therefore, for a commercial ham amplifier
> > manufacturer to offer, even to licensed hams, information that enables
> > operation on 10 meters? The ability to opearate on 10 meters is
> > effectively disallowed by subpart 97.317 (1)>
>
> This information is furnished under seperate cover AFTER the amp is
> purchased by the end user. If operation above 15 meters is not possible
> during type acceptance testing, the amp passes this regulation.
Technically even that is questionable, although if the manufacturer
asks for a copy of a valid license then the FCC considers it OK.
The reasoning is it isn't contrary to FCC rules for an amateur to
modify his own gear.
It is absolutely illegal to ship any amplifier that does not comply
with the terms for type acceptance to any end-user in the USA.
That includes amateurs, and it includes adding ten meters for them
as a "service" or "favor".
> It is perfectly legal for an amateur to modify his equipment after
> purchasing it. The "after-market" instructions are therefore just as legal
> as instructions on how to extend the frequency coverage of a
transceiver.
Technically they are not legal, but the FCC has always turned a
blind eye as long as the manufacturer makes sure the end-user is
an amateur. That was a big point of debate when the rules were
created, and a verbal resolution.
The FCC clearly drew the line, and the line was drawn at the point
where manufactures do the mod for the end-user.
73, Tom W8JI
w8ji@contesting.com
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