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Author Topic: KD8HJQ - Bad seller  (Read 2323 times)
HAMINTENNESSEE
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Posts: 5




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« Reply #15 on: November 12, 2009, 08:13:40 PM »

plus, if you click on the transceiver model # on that webpage you will be directed too the fcc webpage and a list of amateur radio service enforcement actions. so looks like as you say "no interst" is shot out of the water.
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WB5JEO
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Posts: 805




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« Reply #16 on: November 13, 2009, 08:04:55 AM »

As I said, the enforcement actions involve sale and import. My reading of the regulations leads me to believe that the "use" prohibition applies only to use in the Part 94 services. Nothing in the "my station" page or the rest of the operator's site leads me to suspect any of the equipment is being used in CB service. It's simply not "illegal" in the sense of contraband like illicit drugs or other contraband it's illegal to possess. I have spent a good portion of my professional life interpreting law, but it's possible that I'm not correctly interpreting the regulation, but given the wide freedom to use anything that is capable of legal emissions in the Amateur service, I think my reading is correct. I would, of course, admit error if I could be directed to an enforcement action for simple use of any of the "illegal" rigs by a licensed amateur in the Amateur service or against anyone for mere possession not for sale or in the actual act of importation. Pointing to an amateur's mere possession of such a radio implies no legal wrongdoing. I'll stand by that one, pending a declaration by the FCC, whether in a published opinion or in an enforcement action against a Ham just for possessing or using one in our service.

While the following referenced docket does not directly address this exact issue, my reading seems consistent with the FCC's discussion and logic in FCC 93-410  PR Docket No. 91-36.
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K5END
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Posts: 1309




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« Reply #17 on: November 13, 2009, 08:27:27 AM »

Bravo.

JEO points out one of the significant privileges and freedoms afforded Amateur Licensees.

I'm not conversant in legal matters, but am not aware of very many other regulated contexts where a radiating device does not require FCC certification--with some notable exceptions applicable to and including the FAA, military and "other" agencies.

In other words, in this respect Radio Amateurs should be expected to conduct radio operations with nearly the same professionalism as do the other agencies.

I've heard that at some time in history that may have been so.
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WB5JEO
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Posts: 805




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« Reply #18 on: November 13, 2009, 11:34:16 AM »

Well, I think TN's idea was that illegal trafficking made the radio illegal to possess. That's the fly in the regulations ointment, that it's only illegal to sell and import and to use in the restricted services, not illegal to purchase. It's a difficult area. The line between intentionally making and selling a transmitter that you mean for someone to modify for use or to just use illegally in a citizen service isn't very clear. So the FCC falls back on the certification process and a rational but not particularly well-defined way to identify them that amounts to we know one when we see one. On one end of the possible range of radios is the "10 meter" rig with a wire to clip for 11 meters or a "10 meter" amp that happens to work on 11. At the other end are radios designed for, say, amateur service that are difficult to modify. In the middle are radios designed for multiple amateur bands that will work all frequencies with the clip of a wire. We, and particularly MARS folks, would not like to have the modern HF rigs classed with the illegal-to-imports. (I've bought three used rigs in the last six months, one VHF and two HF. All three had been altered to remove band limits.) And the microprocessor control would make it difficult to make conversion very hard without building in a lot of hardware traps. So they do what they can and address the most blatant offenders, the ones with clear intention to be used illegally. But we also get the situations, as here, where no matter that they can be modded with bad intent, they're still functional 10-meter rigs. I suspect a lot of the regulation and enforcement is done without much hope of real effect but largely to show other countries that they're trying.
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K5END
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Posts: 1309




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« Reply #19 on: November 13, 2009, 12:24:55 PM »

JEO, good points.

My point is that many hams may not realize just how fortunate we are to have the freedoms to build or modify rigs, and that it's very important that those freedoms are not lost from abuse,
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CHARLIEBAKER
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Posts: 99




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« Reply #20 on: November 13, 2009, 03:24:18 PM »

do HAMS make there own 1 watt walkys?? lol!!! brake brake any body copy me more then 50 feet away?? brake break! lol!!! i think the fcc shold check all the HAM radioes an brake down the door with the cops to make for sure they is leagal!! may be we cbers can help the cops do this! lol!!!! joke!! lol!!! thanks
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KE4DRN
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Posts: 3714




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« Reply #21 on: November 13, 2009, 05:25:11 PM »

hi

I filed form on FCC website about a seller on
ebay pushing his 'ham' amps.

got a letter about two months later telling me
that it was not their jurisdiction !

before that form I used email form and they replied
back a week later that they are not concerned about
one person, only the big fish.

go figure.

73 james
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HAMINTENNESSEE
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Posts: 5




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« Reply #22 on: November 13, 2009, 08:43:12 PM »

In any case, you and I know operating over 4 watts on a cb is illegal. A license amatuer who has been license at least since 1981 and holds an EXTRA should know better to be operating an illegal radio and cb amp. FCC may not do anything but NOW we know what kind of cb operator he is.
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HAMINTENNESSEE
Member

Posts: 5




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« Reply #23 on: November 13, 2009, 08:47:21 PM »

CORRECTION: License since 1973
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WC4R
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Posts: 7


WWW

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« Reply #24 on: December 21, 2009, 02:36:15 PM »

Hmmm, wonder why HAMINTENNESSEE can't contact me direct? My email is available anywhere.

The radio in discussion here was given to me. A freebee I wasn't going to pass up (it's pretty). And the radio is legal along with the amplifier for ham use. I enjoy using it on 10 and 12 meters. Sure it can work on 11 meters but so will my Drake, Icom, and Flex. You just don't do it! I verified legal use of the gear with Hollingsworth myself. If you want a copy of his email, I can forward it to you.

Now back on topic, an update... KD8HJQ lost in court. He never even showed up. Judgement: Plaintiff $455.56 plus interest until paid.
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WC4R
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Posts: 7


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« Reply #25 on: December 21, 2009, 04:27:00 PM »

Here is a copy of the email to put this nonsense to rest. And yes, we do chat on the air regularly.
===============================
Yepper because Amateur equipment does not have to be certified (type accepted), except the receiver section of anything that scans.  Hope you all are well--sorry I haven't caught you on the air lately. very busy month.
----- Original Message -----
From: Joe Roth
To: 'Riley Hollingsworth'
Subject: Legal to own/use?

Riley,
I have a Ranger RCI-2980wx “10-meter” transceiver along with a Texas Star DX350HDV linear. Together they can produce 250 watts SSB PEP on 28 MHz.
Is this gear legal for me to own and operate on 10 or 12 meters? I checked them on a scope and found them to be very clean.
Thanks,
Joe-WC4R
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