Not necessarily, the FCC regulates EIRP output, which includes the antenna. The cap is 1 watt (1000mW) EIRP for an unlicensed access point handling point-to-multipoint traffic. With a 5 dBi antenna and 0dB of loss, this thing could go up to 300mW before nearing the limit:
10dB of gain will increase the EIRP by roughly 10x. 3dB of gain will increase the EIRP by roughly 2x.
5 = 3+3+3+3+3-10 but RF gains and losses are multiplicative/additive, ergo 5dB = 3dB*3dB*3dB*3dB*3dB/10dB
300mW*5dB = 300*2*2*2*2*2/10 = 960mW or 0.96W. Still under the limit.
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