The commission finally admits that the law regarding 10 meter amplifiers as written is vague. They have agreed to change it. As many said time and time again on this forum.
This admitted vagueness is likely the reason why the FCC never forced it to court, as there was a chance the court would have struck it down as "void for vagueness". From the FCC's point, it is much better that the commission deem the law vague, rather than a judge. A ruling by a judge is the law of the land (absent appeal).
[void for vagueness
adj. referring to a statute defining a crime which is so vague that a reasonable person of at least average intelligence could not determine what elements constitute the crime. Such a vague statute is unconstitutional on the basis that a defendant could not defend against a charge of a crime which he/she could not understand, and thus would be denied "due process" mandated by the 5th Amendment, applied to the states by the 14th Amendment.]
THE COMMISSIONS CONCLUSIONS:
G. Limitations Imposed on Manufacturers.
41. Background. Currently, our rules prohibit commercial manufacturers from marketing RF power amplifiers that are capable of transmitting on the 12 m and 10 m 182 amateur service bands, 183 as a way to prevent use of these amplifiers by Citizens Band (CB) Radio Service users. 184 In the NPRM, the Commission requested comment on whether it should amend Sections 97.315 and 97.317 of our Rules 185 to clarify and simplify those restrictions. 186 Specifically, the Commission requested comment on whether it should eliminate the disparate restrictions imposed on manufacturers (as compared to the restrictions imposed on amateur service licensees), whether it should allow manufacturers to market equipment in the United States that they may market overseas, and whether we should eliminate the requirements in our Rules 187 that a manufacturer must design an amplifier to (1) use a minimum of fifty watts drive power and (2) not be capable of operating on any frequency between 24 MHz and 35 MHz. 188 Additionally, the Commission requested comment on whether it should eliminate the definition of an external RF power amplifier kit in Section 97.3( a)( 19) of our Rules. 189 In this regard, the Commission noted that an amateur radio operator may find it difficult to determine if a group of electronic parts he or she purchases or possesses will be defined by the Commission as an external RF power amplifier kit, and that this rule has created uncertainty because any group of
electronic parts, particularly if supplemented by additional parts, could be assembled to make a power amplifier or part of a RF power amplifier. 190
42. Decision. We believe that clarifying and simplifying Sections 97.315 and 97.317 of our Rules is warranted. We agree with ARRL that the requirements imposed on amateur radio operators by the current rule are unnecessary because, under the present rules, "the equipment, once authorized, can be modified to transmit on all amateur service frequency allocations," 191 and that revising the rule "will enhance use of the 12 and 10 m amateur bands, and allow amateur....
Accordingly, we conclude that the definition of an external RF power amplifier kit is no longer needed in Part 97.
Stay tuned, the 10 meter radio statute will be deemed void as well, either by a judge, or by the commission.
I said it first.