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Author Topic: (Article link) FCC states can't use non-certified radios on amateur bands?  (Read 5201 times)
WXSHAM
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Posts: 77




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« on: October 01, 2018, 07:17:21 AM »

Is this true?

(article link) FCC Back pedals — All transceivers capable of transmitting on frequencies that require certification must be certified and can not be used on Amateur radio

https://medium.com/@lucky225/fcc-back-peddles-all-transceivers-capable-of-transmitting-on-frequencies-that-require-40377a3722c5



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AB4ZT
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« Reply #1 on: October 01, 2018, 09:46:32 AM »

Manufactroversy...with a little bit of poor reading comprehension on the part of the author thrown in for good measure.
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DL8OV
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« Reply #2 on: October 01, 2018, 11:02:07 AM »

That would be silly. Any homebrew rig or kit is capable of transmitting outside the amateur bands and is not certified by the FCC. If the article was true then it could not go on air.

Peter DL8OV
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NK7Z
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« Reply #3 on: October 01, 2018, 01:02:46 PM »

The FCC says you can't sell or import non certified rigs that operate in areas where certification is needed.
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Dave
Amateur Radio: RFI help, Reviews, Setup information, and more...
https://www.nk7z.net
W9IQ
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« Reply #4 on: October 01, 2018, 04:25:43 PM »

The FCC says you can't sell or import non certified rigs that operate in areas where certification is needed.

There is no statutory authority that prohibits importing. You could, for example, when in China buy 6 radios and bring them back for your personal use. As long as you use them within the requirements of Part 97, there are no broken regulations.

Where you do run afoul of the regulations is if you import them and sell them for non-amateur use.

- Glenn W9IQ
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- Glenn W9IQ

I never make a mistake. I thought I did once but I was wrong.
NK7Z
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« Reply #5 on: October 01, 2018, 06:27:49 PM »

The FCC says you can't sell or import non certified rigs that operate in areas where certification is needed.

There is no statutory authority that prohibits importing. You could, for example, when in China buy 6 radios and bring them back for your personal use. As long as you use them within the requirements of Part 97, there are no broken regulations.

Where you do run afoul of the regulations is if you import them and sell them for non-amateur use.

- Glenn W9IQ

Hi Glen,

Here is a quote from FCC advisory notice at:
https://www.fcc.gov/document/enforcement-bureau-issues-advisory-two-way-vhfuhf-radios

I read this as not allowing rigs that extend transmit beyond the ham bands and not being certified, as not salable or usable in the US.

===============================CUT====================================
What Should You Know?
The Bureau has noted an increase in the manufacturing, importation, advertising, and sale of two-way
VHF/UHF radios that are not authorized in accordance with the Commission’s rules. (4) Generally,
electronic devices that intentionally emit radio waves are required to be certified by the FCC or an
authorized third-party certification entity (Telecommunications Certification Body) prior to importation,
advertising, sale, or use. 5 Two-way VHF/UHF radios require FCC certification to show compliance with
our rules, unless they qualify for a limited exception (see Amateur Radio Exception, below, and Federal
government exception at footnote (4).
This certification requirement ensures that equipment complies with technical requirements to avoid
causing interference to federal government operations, private licensed operations, and other authorized
operations or equipment. (6) Equipment that does not comply with the technical requirements cannot
be certified and thus cannot be imported, advertised, sold, or used. (7)


Amateur Radio Exception. There is one exception to this certification requirement: if a device is capable
of operating only on frequencies that the FCC has allocated for use by Amateur Radio Service licensees, it
does not require FCC equipment authorization, [8] and an amateur licensee may use his or her license to
operate such radios. However, many two-way radios that purport to operate on amateur frequencies also
operate on frequencies that extend beyond the designated amateur frequency bands. [9] If a two-way
VHF/UHF radio is capable of operating outside of the amateur frequency bands, it cannot be imported,
advertised, sold, or operated within the United States without an FCC equipment certification. [10]
Even if a two-way VHF/UHF radio operates solely within the amateur frequencies, the operator is
required to have an amateur license to operate the device and must otherwise comply with all applicable
rules. 11 The Bureau will take very seriously any reports of failures of two-way radio operators to comply
with all relevant rules and requirements when using devices in the amateur bands.
===============================CUT====================================

Seems pretty clear to me that you can not import, use, or sell radios that are not certified, and if a radio can transmit outside of the ham bands and is not certified, it can not be used in Amateur service...

The bold is as per the FCC handout...  Seems if it is not certified, it can't be sold or used.
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Dave
Amateur Radio: RFI help, Reviews, Setup information, and more...
https://www.nk7z.net
W9IQ
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Posts: 3239




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« Reply #6 on: October 01, 2018, 06:42:27 PM »

If you would like to defend that point, please site the appropriate FCC regulation. I believe you will find that they are simply overreaching with their statement. Their authority is limited to the restriction of the advertisement for, or sale of, such non-certified devices.

- Glenn W9IQ
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- Glenn W9IQ

I never make a mistake. I thought I did once but I was wrong.
NK7Z
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« Reply #7 on: October 01, 2018, 07:02:20 PM »

Don't feel I need too, if you feel the need to defend your position I am all ears...
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Dave
Amateur Radio: RFI help, Reviews, Setup information, and more...
https://www.nk7z.net
WI9MJ
Member

Posts: 17




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« Reply #8 on: October 01, 2018, 09:15:18 PM »

Amateur transmitters are not certified, so it is legal to use these in the amateur bands. It is not legal to use these in other radio services as they do not meet the requirements of other services.

Check your manual and you will see an amateur radio is certified as a part 15 device (covers the receiver) but there is no part 97 certification.

It would be nice to have a handheld that operates in both the amateur and FRS services, but that would require a fixed antenna and channelized operation.
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WXSHAM
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Posts: 77




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« Reply #9 on: October 02, 2018, 06:00:57 AM »


So based on this
https://www.fcc.gov/document/enforcement-bureau-issues-advisory-two-way-vhfuhf-radios

That makes pretty much all the baofeng and various other white label names they use not legal for sale if I read that correctly?

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WXSHAM
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Posts: 77




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« Reply #10 on: October 02, 2018, 06:42:58 AM »


So based on this
https://www.fcc.gov/document/enforcement-bureau-issues-advisory-two-way-vhfuhf-radios

That makes pretty much all the baofeng and various other white label names they use not legal for sale if I read that correctly?



Actually it says can't be sold or used? So everyone can't use baofeng radio's anymore?
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K4JJL
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Posts: 1120




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« Reply #11 on: October 02, 2018, 07:30:22 AM »


So based on this
https://www.fcc.gov/document/enforcement-bureau-issues-advisory-two-way-vhfuhf-radios

That makes pretty much all the baofeng and various other white label names they use not legal for sale if I read that correctly?



Actually it says can't be sold or used? So everyone can't use baofeng radio's anymore?

I couldn't imagine the FCC running around with "Baofeng Detector Vans" like the UK does with their TV licensing.
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G3RZP
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Posts: 1225




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« Reply #12 on: October 02, 2018, 09:04:57 AM »


Quote
I couldn't imagine the FCC running around with "Baofeng Detector Vans" like the UK does with their TV licensing.

Not sure they even do that now. Every so often, they write to me and I ignore them and their threats to visit me for about two or three months and then tell them that I do not have a television set in the house. I object to their assumption that I have a TV and their expectation of me wasting my time telling them that I haven't, so the more of their time and money I can waste for them, the better.
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K4JJL
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Posts: 1120




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« Reply #13 on: October 02, 2018, 02:08:48 PM »

...so the more of their time and money I can waste for them, the better.

I heard most of those guys running around doing collections work on commission.

BTW, love that Monty Python sketch about the "fish license" where he mentions the "cat detector van".  There's also some pretty good YouBoob videos of people telling off the TV license guys.
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G3RZP
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Posts: 1225




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« Reply #14 on: October 02, 2018, 02:26:31 PM »

I believe they are now funded by the BBC and not the Radio Licensing people (OFCOM - the Radio Administration) now.....
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