Sec.  97.315   Certification 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
   certification. No amplifier capable of operation below 144 MHz may be
   constructed or modified by a non-amateur operator without a grant of
   certification 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 certificated 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 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) Any external RF power amplifier appearing in the Commission's database
   as certificated for use in the amateur service may be marketed for use in
   the amateur service.

   [ 54 FR 25857 , June 20, 1989, as amended at  63 FR 36611 , July 7, 1998]