From: rwilkins@ccnet.com (Bob Wilkins n6fri)
Newsgroups: rec.radio.amateur.policy
Subject: Re: California OES Rules on Emergency Communication!
Date: 30 May 1995 05:03:32 -0700
Organization: home in the cAVe reading CFR47
NNTP-Posting-Host: ccnet3
X-Newsreader: TIN [version 1.2 PL2]


Look what I found in part2 of the regulations...as you can see, not 
everything we do resides in part97.

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    47 CFR Sec. 2.1001


    Title 47
    CHAPTER I
    SUBCHAPTER A
    PART 2
    Subpart J


    Sec. 2.1001 Changes in type accepted equipment.


      (a) Equipment of the same type is defined for purposes of type
    acceptance as being equipment which is electrically and
    mechanically interchangeable and in addition will have the same
    basic tube or semiconductor lineup, frequency multiplication, basic
    frequency determining and stabilizing circuitry, basic modulator
    circuit and maximum power rating.  Variations in electrical and
    mechanical construction, other than the items indicated above are
    permitted provided the variation or change is made in compliance
    with the requirements of paragraphs (b), (c), and (d) of this
    section.

      (b) Two classes of permissive changes may be made in type
    accepted equipment without requiring a new application for and
    grant of type acceptance.
      (1) A Class I permissive change includes those modifications in
    the equipment which do not change the equipment characteristics
    beyond the rated limits established by the manufacturer and
    accepted by the Commission when type acceptance is granted, and
    which do not change the type of equipment as defined in paragraph
    (a) of this section.  No filing with the Commission is required for
    a Class I permissive change.
      (2) A Class II permissive change includes those modifications
    which bring the performance of the equipment outside the
    manufacturer's rated limits as originally filed but not below the
    minimum requirements of the applicable rules, and do not change the
    type of equipment as defined in paragraph (a) of this section.
    When a Class II permissive change is made by the grantee, he shall
    supply the Commission with complete information and results of
    tests of the characteristics affected by such change.  The modified
    equipment shall not be marketed under the existing grant of type
    acceptance prior to acknowledgement by the Commission that the
    change is acceptable.
      (3) When a Class II permissive change is made by other than the
    grantee of type acceptance, the information and data specified in
    paragraph (b)(2) of this section shall be supplied by the person
    making the change.  The modified equipment shall not be operated
    under an authorization of the Commission prior to acknowledgement
    by the Commission that the change is acceptable.
      (c) A grantee desiring to make a change other than a permissive
    change as described in paragraph (b) of this section shall file an
    application on FCC Form 731 accompanied by the required fees.  The
    grantee shall attach a description of the change(s) to be made and
    a statement indicating whether the change(s) will be made in all
    units (including previous production) or will be made only in those
    units produced after the change(s) is authorized.
      (d) If the Commission authorizes the changes requested, it may
    require the assignment of a new FCC Identifier.
      (e) Users shall not modify their own equipment except as provided
    by paragraphs (b) and (f) of this section.

      (f) Equipment type accepted for use in the Amateur Radio Service
    pursuant to the requirements of Part 97 of this chapter may be
    modified without regard to the conditions specified in paragraph
    (b) of this section, provided the following conditions are met:
      (1) Any person performing such modifications on equipment used
    under Part 97 of this chapter must possess a valid amateur radio
    operator license of the class required for the use of the equipment
    being modified.
      (2) Modifications made pursuant to this paragraph are limited to
    equipment used at licensed amateur radio stations.
      (3) Modifications specified or performed by equipment
    manufacturers or suppliers must be in accordance with the
    requirements set forth in paragraph (b) of this section.
      (4) Modifications specified or performed by licensees in the
    Amateur Radio Service on equipment other than that at specific
    licensed amateur radio stations must be in accordance with the
    requirements set forth in paragraph (b) of this section.
      (5) The station licensee shall be responsible for insuring that
    modified equipment used at his station will comply with the
    applicable technical standards in Part 97 of this chapter.
      (g) The interconnection of a type accepted AM broadcast
    stereophonic exciter-generator with a type accepted AM broadcast
    transmitter in accordance with the manufacturer's instructions and
    upon completion of measurements showing that the modified
    transmitter meets the emission limitation requirements of Sec.
    73.44 is defined as a Class I permissive change for compliance with
    this section.
      (h) The interconnection of a multiplexing exciter with a type
    accepted AM broadcast transmitter in accordance with the
    manufacturer's instructions without electrical or mechanical
    modification of the transmitter circuits and completion of
    equipment performance measurements showing the transmitter meets
    the minimum performance requirements applicable thereto is defined
    as a Class I permissive change for compliance with this section.
      (i) The addition of TV broadcast subcarrier generators to a type
    accepted TV broadcast transmitter or the addition of FM broadcast
    subcarrier generators to a type accepted FM broadcast transmitter,
    provided the transmitter exciter is designed for subcarrier
    operation without mechanical or electrical alterations to the
    exciter or other transmitter circuits.
      (j) The addition of TV broadcast stereophonic generators to a
    type accepted TV broadcast transmitter or the addition of FM
    broadcast stereophonic generators to a type accepted FM broadcast
    transmitter, provided the transmitter exciter is designed for
    stereophonic sound operation without mechanical or electrical
    alterations to the exciter or other transmitter circuits.
      (k) The addition of subscription TV encoding equipment for which
    the FCC has granted advance approval under the provisions of Sec.
    2.1400 in Subpart M and Sec. 73.644(c) of Part 73 to a type
    accepted transmitter is considered a Class I permissive change
    described in paragraph (b)(1) of this section.
      (l) Notwithstanding the provisions of this section, broadcast
    licensees or permittees are permitted to modify type accepted
    equipment pursuant to Sec. 73.1690 of the FCC's Rules.
    (39 FR 5919, Feb. 15, 1974, as amended at 39 FR 27803, Aug. 1,
    1974; 41 FR 19948, May 14, 1976; 43 FR 12687, Mar. 27, 1978; 46 FR
    18981, Mar. 27, 1981; 48 FR 56391, Dec. 21, 1983; 49 FR 27147, July
    2, 1984; 49 FR 34014, Aug. 28, 1984; 51 FR 2707, Jan. 21, 1986; 51
    FR 39535, Oct. 29, 1986; 51 FR 41628, Nov. 18, 1986)

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-- 
     Bob Wilkins                     work    bwilkins@cave.org
 Berkeley, California                home    rwilkins@ccnet.com
     94701-0710                      play    n6fri@n6eeg.#nocal.ca.usa.noam