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Actually, any transmitter power level can be used as Part 15.239 does not specify transmitter power. Rather, Part 15.239 specifies the field strength permitted at a specific distance.
Of course, higher power would require less system efficiency usually controlled by the antenna system or lack of.
And of course the idea here is to lobby the FCC for a hobby class FM service where it is felt that 1 watt would do.
But then again rather than specify power perhaps simply permitting a higher field strength is in order. Then one could take into consideration system efficiency, TPO and HAAT like the big boys do.