Sec. 2.815  External radio frequency power amplifiers.

    (a) As used in this part, an external radio frequency power 
amplifier is any device which, (1) when used in conjunction with a radio 
transmitter as a signal source is capable of amplification of that 
signal, and (2) is not an integral part of a radio transmitter as 
manufactured.
    (b) After April 27, 1978, no person shall manufacture, sell or 
lease, offer for sale or lease (including advertising for sale or 
lease), or import, ship, or distribute for the purpose of selling or 
leasing or offering for sale or lease, any external radio frequency 
power amplifier or amplifier kit capable of operation on any frequency 
or frequencies between 24 and 35 MHz.

    Note: For purposes of this part, the amplifier will be deemed 
incapable of operation between 24 and 35 MHz if:
    (1) The amplifier has no more than 6 decibels of gain between 24 and 
26 MHz and between 28 and 35 MHz. (This gain is determined by the ratio 
of the input RF driving signal (mean power measurement) to the mean RF 
output power of the amplifier.); and
    (2) The amplifier exhibits no amplification (0 decibels of gain) 
between 26 and 28 MHz.

    (c) No person shall manufacture, sell or lease, offer for sale or 
lease (including advertising for sale or lease) or import, ship or 
distribute for the purpose of selling or leasing or offering for sale or 
lease, any external radio frequency power amplifier or amplifier kit 
capable of operation on any frequency or frequencies below 144 MHz 
unless the amplifier has received a grant of type acceptance in 
accordance with subpart J of this part and subpart C of part 97 or other 
relevant parts of this chapter.

[[Page 509]]

No more than 10 external radio frequency power amplifiers or amplifier 
kits may be constructed for evaluation purposes in preparation for the 
submission of an application for a grant of type acceptance.

    Note: For the purposes of this part, an amplifier will be deemed 
incapable of operation below 144 MHz if the amplifier is not capable of 
being easily modified to increase its amplification characteristics 
below 120 MHz, and either:
    (1) The mean output power of the amplifier decreases, as frequency 
decreases from 144 MHz, to a point where 0 decibels or less gain is 
exhibited at 120 MHz and below 120 MHz; or
    (2) The amplifier is not capable of even short periods of operation 
below 120 MHz without sustaining permanent damage to its amplification 
circuitry.

    (d) The proscription in paragraph (b) of this section shall not 
apply to the marketing, as defined in paragraph (b) of this section, by 
a licensed amateur radio operator to another licensed amateur radio 
operator of an external radio frequency power amplifier fabricated in 
not more than one unit of the same model in a calendar year by that 
operator provided the amplifier is for the amateur operator's personal 
use at his licensed amateur radio station and the requirements of 
Secs. 97.315 and 97.317 of this chapter are met.
    (e) The proscription in paragraph (c) of this section shall not 
apply in the marketing, as defined in paragraph (c) of this section, by 
a licensed amateur radio operator to another licensed amateur radio 
operator of an external radio frequency power amplifier if the amplifier 
is for the amateur operator's personal use at his licensed amateur radio 
station and the requirements of Secs. 97.315 and 97.317 of this chapter 
are met.
[ 40 FR 1246 , Jan. 7, 1975;  40 FR 6474 , Feb. 12, 1975, as amended at  43 FR 12687 , Mar. 27, 1978;  43 FR 33725 , Aug. 1, 1978;  46 FR 18981 , Mar. 
27, 1981;  62 FR 10470 , Mar. 7, 1997]

              Subpart J--Equipment Authorization Procedures

    Source:  39 FR 5919 , Feb. 15, 1974, unless otherwise noted.

                           General Provisions