Sec. 97.315  Type acceptance of external RF power amplifiers.

    (a) No more than 1 unit of 1 model of an external RF power amplifier 
capable of operation below 144 MHz may be constructed or modified during 
any calendar year by an amateur operator for use at a station without a 
grant of type acceptance. No amplifier capable of operation below 144 
MHz may be constructed or modified by a non-amateur operator without a 
grant of type acceptance from the FCC.
    (b) Any external RF power amplifier or external RF power amplifier 
kit (see Sec. 2.815 of the FCC Rules), manufactured, imported or 
modified for use in a station or attached at any station must be type 
accepted for use in the amateur service in accordance with subpart J of 
part 2 of the FCC Rules. This requirement does not apply if one or more 
of the following conditions are met:
    (1) The amplifier is not capable of operation on frequencies below 
144 MHz. For the purpose of this part, an amplifier will be deemed to be 
incapable of operation below 144 MHz if it is not capable of being 
easily modified to increase its amplification characteristics below 120 
MHz and either:
    (i) The mean output power of the amplifier decreases, as frequency 
decreases from 144 MHz, to a point where 0 dB or less gain is exhibited 
at 120 MHz; or
    (ii) The amplifier is not capable of amplifying signals below 120 
MHz even for brief periods without sustaining permanent damage to its 
amplification circuitry.
    (2) The amplifier was manufactured before April 28, 1978, and has 
been issued a marketing waiver by the FCC, or the amplifier was 
purchased before April 28, 1978, by an amateur operator

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for use at that amateur operator's station.
    (3) The amplifier was:
    (i) Constructed by the licensee, not from an external RF power 
amplifier kit, for use at the licensee's station; or
    (ii) Modified by the licensee for use at the licensee's station.
    (4) The amplifier is sold by an amateur operator to another amateur 
operator or to a dealer.
    (5) The amplifier is purchased in used condition by an equipment 
dealer from an amateur operator and the amplifier is further sold to 
another amateur operator for use at that operator's station.
    (c) A list of type accepted equipment may be inspected at FCC 
headquarters in Washington, DC, or at any FCC field location. Any 
external RF power amplifier appearing on this list as type accepted for 
use in the amateur service may be marketed for use in the amateur 
service.