The FCC has turned down a request from Expert Linears America, LLC,
for a waiver from Part 97's current rule that sets maximum gain for an HF
linear amplifier in the ham radio HF bands to 15 dB. The company sought the
waiver in order to be able to sell an unmodified version of its Model 1.3K FA
amp in the U.S.
while the FCC was considering its petition for rule making requesting
elimination of that limit. That proceeding is still pending.
Most of the
comments on the waiver request supported it but the Commission was persuaded by
comments in opposition from FlexRadio, contending that a waiver limited to one
specific company and one specific product would give that company an unfair
advantage in the marketplace.
The Commission concluded that granting the waiver
while it was still considering the rulemaking request "would prejudice the
rulemaking proceeding" and "would provide an unfair market advantage
for one equipment model over other manufacturers' RF power amplifiers that
would still be limited" by the current rule. It said the public interest
is best served by letting the FCC give "full consideration" to the
pending rulemaking and "applying the result of the rulemaking proceeding
to all Amateur Radio Service equipment."