This is the sentence I was looking for and it is in that rule:
"(Transmitters with frequency capability for the Amateur Radio Services and Military Affiliate Radio System will not be certificated.)"
This is the problem I have with that, I have on the desk an HT600. Looking up the FCC ID it is approved for part 95. The authorization list the frequency range as 403-512 MHz which included the 70 cm Amateur Band. Is this not a conflict?
No, it isn't--at least as far as the FCC is concerned. There are slivers of other services interspersed throughout that range, and their take on the matter seems to be that since ham equipment doesn't need such certification unless the radio is a mass produced one, and that radios sold by dealers for a certain service won't be used outside of the service that the radio is made for.
One other thing that was unsaid about the above is this: "without modification". In other words, radios originally made for use on ham and MARS frequencies.
If you have the know-how, the parts and the time and equipment, radios made for use on one band can be modified for use on just about any other adjacent band in the amateur service. A good example is the 220 mHz band--there was no commercial equipment ready made that could be simply modified for use on that band, yet there are repeaters that have been made out of commercial equipment that have been reparted and retuned to operate on that band. Please note that I'm referring to the ham bands only when I say that commercial equipment can be reworked to operate on other bands--other HAM bands (part 97).
What you seem to be looking for is a strict set interpretation of the regs covering various radio services that do not conflict with other services. That isn't going to happen, and since the FCC is the buck stops, so to speak, they can and do go and contradict themselves in different service regs--and then say that the contradiction is not a contradiction at all.