Hello Tom:
I stated "no where in FCC Part 97 10 meters in 1500 PEP output except for the
portions of the band which are accessible to the Novice & Technician Plus
licence holders.
If FCC 97.315 allows an amateur to modify an amplifier and the power limits
expressly presented in FCC 97.313 are not exceeded where does this
"Instructions for operation or modification of the amplifier ........in a
manner contrary to FCC rules" come into play"?
In the discussions I have had with the "Engineer in Charge" of the FCC Boston
office years ago it was made very clear that amplifiers could be modified on a
limited basis, using one's own technical abilities or following instructions
provided by the holder of the "type certificate".
This "limited basis" was outlined in 97.315
Both of us have been amateur radio operators since the 60's. I believe we
realize the implementation of 97.315 and 97.317 were not created to prevent
licensed amateurs from using full legal power (at the time 1KW if metering was
available or 900W if metering was not available). It was not created to prevent
legitimate companies from making power amplifiers to provide this level of RF
power available, e.g. Heathkit, Collins, BTI, etc. at the time. It was not
created to prevent a licenced amateur from building or modifying their
amplifiers to be used on 10 meters either.
The sole motivation was to prevent the wide spread use of high power in the
Citizen's band (Which was resulting in extreme TVI problems in the populated
parts of the country). The amplifiers usually targeted at this market were
sweep tubes capable of relativly high output with serious doubts of spectral
purity which were used in direct violation of the FCC regulations.
The FCC lacked the manpower or resources to stop the problem at the user so the
next best approach they had was to curb the problem at the manufacturer level.
In doing this they also placed limitations on the amateur and the ligitmate
amateur equipment manufacturers. To lessen this burden on the amateur and the
ligitmate manufacturer they have made provisions to allow modifications by the
end users. In this case the end user is the licensed amateur.
Anywhere in any regulation there is always room for interpertation. I highly
doubt is any amateur has ever had any action taken regarding a modification in
accordance with 97.315 or a manufacturer had action taken because he proivided
the technical information to allow modifications.
I am sure action has been taken against individuals who have modified amateur
amplifiers to be use on the CB bands, against shops or individuals who offer
"modification for hire" or against the mas production of non type accepted
amplifiers.
The FCC inforces rules with respect to the intent of the rule. In another area
of contention which pops often regarding the FCC rules and their actions the
matter of antennas always comes up.
Does the FCC go after someone who installs a 300 foot tower or someone who flys
a 5/8 wave balloon supported vertical during a contest? Both of which are
outside the permissable limits outlined in 97.15(a). The answer is probably NO
unless the structure caused some problems in other areas.
The FCC rules (when studied and understood) represent a very good framework to
allow the coexistance of many services within the available spectrum without
undue hardship or limitation on the amateur community or the commercial
entities competing for business with the amateur community. The FCC Part 97.315
and 97.317 are probably the best example of a compromise which benefits
everyone concerned, the amateurs, the FCC regulators and the non amateur
(television enjoying without TVI) public.
The only ones damaged by this are the high power CB operators. The serious high
power CB operators will always find a way around the rules, e.g. buy a hams
amplifier and drive it with a hams transceiver etc.
The FCC meet is goal of reducing the excessive power CB operations and the
related TVI. The amateurs still have the ability to develop 1.5KW on 10 meters.
The manufacturers still sell amplifiers to the amateurs. The technically
inclined amateurs can still build their own amplifiers. Ten meters still opens
on occassion to use the amplifiers. (Cable has saved the butts of a few
generating TVI but for the most part the FCC type acceptance has doe a lot to
improve this problem, around since the first amateur transmissions).
If only the local planning boards, the building inspectors and the appeal
boards could solve the antenna ordnance problem in such a "near ideal" manner
we would have nothing to worry about within our amateur radio service (hobby)
with the exception of when would P5 come up on 160 !!
Charley W1TE
>
>From: "Tom Rauch" <w8ji@contesting.com>
To: <amps@contesting.com>
>Date: Wed, 26 Jul 2000 12:44:28 -0400
>To: charley@net1plus.com
>CC: "Fred Fliss" <fredfffff@hotmail.com>, <amps@contesting.com>,
> "Phil Clements" <philk5pc@tyler.net>
>Subject: Re: Re: [AMPS] FCC certification - how do they do it?
>
>
>Hi Charley,
>
>No-where is a big place.
>
>> No where in FCC Part 97 is anythong written than states it is illegal or
>> imapprioprate for a manufacturer to provide technical information
>> regarding the design, operation or modification to a third party.
>
>97.317 c 3 says:
>
>"Instructions for operation or modification of the amplifier ........in a
>manner contrary to FCC rules."
>
>Of course Part 2 and other areas of the rules clearly state that
>manufacturers can not ship devices that do not comply with the
>terms of type-acceptance when type-acceptance is required.
>
>The FCC will not tolerate, and the people in enforcement have
>made it clear they won't tolerate, manufacturers shipping amplifiers
>that violate the terms of type-acceptance. Those terms prohibit
>operation on ten meters.
>
>I specifically know this because I asked the FCC for an opinion if
>Ameritron could ship amplifiers to licensed amateur that included
>ten meters. Bill Cross said no. Not under any circumstance.
>
>
>73, Tom W8JI
>w8ji@contesting.com
>
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>
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