I'm reading the eCFR again. I may have misremembered. It does seem kind of vague still to me since we're not talking about external amps really. But maybe it could be stretched to mean any radio can't transmit below 144 MHz without certification.
www.ecfr.gov
§97.315 Certification of external RF power amplifiers.
(a) Any external RF power amplifier (see §2.815 of the FCC Rules) manufactured or imported for use at an amateur radio station must be certificated for use in the amateur service in accordance with subpart J of part 2 of the FCC Rules. No amplifier capable of operation below 144 MHz may be constructed or modified by a non-amateur service licensee without a grant of certification from the FCC.
(b) The requirement of paragraph (a) does not apply if one or more of the following conditions are met:
(1) The amplifier is constructed or modified by an amateur radio operator for use at an amateur station.
(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 radio operator for use at that operator's station.
(3) The amplifier is sold to an amateur radio operator or to a dealer, the amplifier is purchased in used condition by a dealer, or the amplifier is sold to an amateur radio 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.
[71 FR 66465, Nov. 15, 2006]
§97.317 Standards for certification of external RF power amplifiers.
(a) To receive a grant of certification, the amplifier must:
(1) Satisfy the spurious emission standards of §97.307 (d) or (e) of this part, as applicable, when the amplifier is operated at the lesser of 1.5 kW PEP or its full output power and when the amplifier is placed in the “standby” or “off” positions while connected to the transmitter.
(2) Not be capable of amplifying the input RF power (driving signal) by more than 15 dB gain. Gain is defined as the ratio of the input RF power to the output RF power of the amplifier where both power measurements are expressed in peak envelope power or mean power.
(3) Exhibit no amplification (0 dB gain) between 26 MHz and 28 MHz.
(b) Certification shall be denied when:
(1) The Commission determines the amplifier can be used in services other than the Amateur Radio Service, or
(2) The amplifier can be easily modified to operate on frequencies between 26 MHz and 28 MHz.
[71 FR 66465, Nov. 15, 2006]