[Amps] Is it legal?

[Paul Christensen]

>"Something just occurred to me about the Harris RF-110A: Is it legal for
amateur use?  It is certainly commercially built but apparently not FCC
type-accepted. Way too much gain for example."

The FCC no longer requires Type Acceptance.  The NPR for that change
occurred in 1997.  CFR Sec 2.815 and 97.315 address amplifier certification,
including those that are imported into the U.S.  97.317 sets the technical
performance standard to receive a certification grant.  

However, what's strikingly odd since 2006, is the wording under Sec
97.315(b)(3):

http://www.hallikainen.com/FccRules/2016/97/315/

97.315(b)(3) read together with Sec 2.815 seems to dismiss the certification
requirement when: "an external RF power amplifier manufactured or 
imported for the amateur service 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."  

Carefully read 97.315 in its entirety.  Logically then, when would a
situation arise that requires certification?  About the only condition I can
think of is the direct sale of an amplifier to an unlicensed operator, an
organization as a non-dealer, or to a government.  I have to believe the
wording did not end up exactly as planned.  Otherwise, we've got a
regulatory contradiction in the rule's intent. 

Finally, nothing prevents us from designing our own equipment with massive
power gain for personal use, nor modifying previously type-accepted
equipment for use at our stations. (e.g., to achieve more than 15 dB of
power gain).   

Paul, W9AC

-----Original Message-----
From: Amps [mailto:amps-bounces at contesting.com] On Behalf Of Bill Turner
Sent: Sunday, December 4, 2016 9:00 PM
To: Amps group <amps at contesting.com>
Subject: [Amps] Is it legal?

Something just occurred to me about the Harris RF-110A:

Is it legal for amateur use?  It is certainly commercially built but
apparently not FCC type-accepted. Way too much gain for example. 

You can homebrew something like that with no problem, but commercial is a
different matter. 

Lawyers, what say you?

73, Bill W6WRT
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