E-Bay and others, fail to enforce the rules

[kw7dsp]

Both E-Bay and QRZ have prohibitions against selling Unblocked 800mhz radios. Both were notified KB1HYP was attempting (Did Sell) to sell such a radio with full knowledge it was illegal. Neither web site did anything to stop it although their policy is to prohibit such sales and they were both notified several days ago. So much for Cell phone security, but what grips me is the open flaunting of the policy of both websites and no action taken by either one. As HAMs we should know better and set a better example.

[K8YS]

there are those of us that believe that the ban on 800MHz receivers is a violation of the Communications Act of 1934!

Why should cell phones be protected? they are using OUR AIRWAVES and NO ONE OWNS THE PUBLIC DOMAIN AIR WAVES.

[kw7dsp]

That is not the issue. The Issue I have is both of these sites prohibit the sales of these radios , but they enforce it selectivly.

[W8KT]

As a moderator for the QRZ "for sale" and the "wanted" forums I am not familiar with the rules referred to in this thread. Many companies make 800 Mhz radios for businesses and they are bought and sold every day. Scanners produced before the 800 Mhz ban are also legal to sell. Does anyone care to clarify?

Bob

W8KT, Moderator QRZ.com

[wb6bcn]

The unit was clearly identified as "EURO VERSION". #This in effect was not a modified version. #There is a gray area here where an item may be leagal for sale in some parts of the world but yet not others. It is definately illegal to sell a modified version.

The unit was clearly identified in the add as being from Germany, #where there is no ban on this area of the spectrum. #

Had the add read "Nosale to USA" then there would have most likely been no issue.

Even some scanners with a block on the 824-849 & 869-894 MHz still pick them up as images when scanning other frequencies. #So much for the block.

[w5zzq]

How and WHY would you want to prohibit the sales of these receivers. They are everywhere. That's like burning or banning certain books! Larry!!

[wb6bcn]

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (w5zzq @ Sep. 19 2003,13:09)</td></tr><tr><td id="QUOTE">How and WHY would you want to prohibit the sales of these receivers. #They are everywhere. #That's like burning or banning certain books! #Larry!![/QUOTE]<span id='postcolor'>
The FCC has a list of &quot;non type accecpted&quot; equipment not intended for sale in the USA. That stuff, as you say, is everywhere. There are some items that is sold in other countries that is not on the list, but due to variances of regulations where sale is intended may have features not intended for this market (USA).

The non type accecpted list is what sellers are to use as a guide. If an item is not on the list, and was sold initially in another country, then it falls into the catagory of this thread.

[kw7dsp]

I can only go by the posted rules, I Qoute:

&quot;Swapmeet Rules

Amateur Radio equipment and related items only. For Sale ads only - no opinions, discussions. No illegal equipment, i.e. 10m Amps, 11m Amps, hacked CB's. No Want ads here (use the Items Wanted board). &quot;
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The FCC says the radio in question is illegal
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PUBLIC NOTICE

Federal Communications Commission
1919 M St., N.W.
Washington, D.C. 20554


_

DA 97-334

February 13, 1997


MANUFACTURING ILLEGAL SCANNERS
INCLUDES SCANNER MODIFICATION
It has come to our attention that entities are offering to modify scanning receivers (scanners)
in order to receive frequencies allocated to the Domestic Public Cellular Radio
Telecommunications Service. Such modifications are not permitted under federal law and the
Commission's rules.

Scanners are radio receivers that can automatically switch between four or more frequencies
anywhere in the frequency range of 30-960 MHz. On April 19,1993, the Commission adopted
a Report and Order in ET Docket 93-1 amending Parts 2 and 15 of the FCC Rules to prohibit
the manufacture and importation of scanners capable of receiving, or readily being altered to
receive, frequencies allocated to the Cellular Radio Service. The Commission adopted these
rules to implement Section 302(d) of the Communications Act of 1934, as amended (47 USC
302 (d)).

Scanning receivers are required by Section 15.101(a) of the FCC Rules to be certificated by
the Commission. Section 15.121 states that scanning receivers, and frequency converters
designed or marketed for use with scanning receivers, must be incapable of operating
(tuning), or readily being altered by the user to operate, within the frequency bands allocated
to the Domestic Public Cellular Radio Telecommunications Service. Scanners that are
capable of &quot;readily being altered by the user&quot; include, but are not limited to: those for which
the ability to receive cellular telephone frequencies can be added by clipping the leads of, or
installing, a simple component, such as a diode, resistor and/or jumper wire; replacing a plug-
in semiconductor chip; or programming a semiconductor chip using special access codes or
an external device. Scanners and frequency converters for use with scanners, must also be
incapable of converting digital cellular frequencies to analog voice audio. Under Section
15.37(f), the manufacture or importation of scanning receivers, and frequency converters used
with scanning receivers, that do not comply with Section 15.121 shall cease on or before April
26, 1994.



Manufacturing a scanner to receive cellular telephone frequencies is a violation of Section
302(d) of the Communications Act (47 USC. Section 302(d)) and Sections 15.37(f) and
15.121 of the Rules (47 CFR  15.37(f) and 15.121). The modification of scanners on a
substantial scale to receive cellular frequencies will be considered to constitute
manufacture of such equipment in violation of FCC Rules. Entities engaged in such activity
are cautioned to cease advertising and/or performing any such activity immediately.

The Commission will vigorously take enforcement action against parties found to violate
these rules. Willful or repeated violations may be subject to a monetary forfeiture of not
more than $10,000 for each violation or each day of a continuing violation, except that the
amount assessed for any continuing violation shall not exceed a total of $75,000. See 47
CFR  1.80(a). Further, pursuant to 47 U.S.C Section 510, such devices may be seized
and forfeited to the United States.

Use of scanners by individuals to intercept and divulge or use beneficially wireless
telephone conversations is subject to Section 705 of the Act. Other Federal and State
statutes also apply in this area. For more information regarding the interception and
divulgence of radio communications, see FCC FACT SHEET, &quot;Interception and Divulgence
of Radio Communications,&quot; dated January 1997, which can be obtained by calling the
Public Service Division at 202-418-0200 or accessing it on the Commission Internet web
site at http://www.fcc.gov/Consumer_Info.html/.

By the Chief, Office of Engineering and Technology

Additional questions concerning this notice may be addressed to Art Wall at
301-725-1585 (ext. 205), fax: (301) 344 2050, email: awall@fcc.gov.
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Therefore the sale was of an acknowledged illegal radio and was allowed by QRZ and E-Bay although both have listed policies against this kind of sale.

[kw7dsp]

Importing and offering for sale is a violation of Federal law.


This is the first of a list of over a hundred such actions. Look at the fines. You are guilty just for working in the office where these were imported. The list goes on to include Cell phones, Portable phones, GMRS type radios, Scanners, and recievers. Not just CB and Amps.
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NEWS
Report No. CI 97-11 # # # # # # # #COMPLIANCE AND INFO ACTION # # # October 2, 1997
# # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # #
# # # # # # # FEDERAL COMMUNICATIONS COMMISSION UNVEILS
# # # # # # # # # # #JOINT CRIMINAL INVESTIGATION
# # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # #
The Federal Communications Commission, in conjunction with the United States
Attorney's Office for the Western District of Michigan and the United States Customs
Service, today announced the existence of an ongoing joint investigation. #During the past
four years, the FCC and the Customs Service have conducted a national and international
investigation into the manufacture, importation, distribution, and sale of illegal electronic
devices. #

There are two types of electronic equipment that are the primary subject of the
investigation - illegal transceiver radios (CB radios) and power amplifiers. #The FCC has
established regulations and technical requirements for the operation of electronic equipment to
ensure the orderly enjoyment of the airwaves. #The illegal CB radios and power amplifiers
cause interference with electronic communications, such as radio, television, and telephone
transmissions and reception. #Each year, the FCC receives tens of thousands of complaints
from the public involving interference from such equipment.

In a 27 count indictment, ten defendants are charged with unlawfully importing and
distributing illegal electronic equipment into the United States in violation of 18 U.S.C. 
545, and conspiring to import illegal electronic equipment in violation of 18 U.S.C.  371.
The individuals are subject to a maximum five years' imprisonment and $250,000 fine, and
three years' supervised release. #The corporations are subject to the greater of $500,000 or
double the illegal proceeds.

Currently under indictment in the Western District of Michigan are: RANGER ELECTRONIC
COMMUNICATIONS, INC.; RANGER COMMUNICATIONS, INC. (USA); TSENG JYI
PENG (A/K/A &quot;JIM PENG&quot;); CTE INTERNATIONAL SRL; CORRADO TORREGGIANI;
GIUSEPPE COPPOLA; TEXPRO SALES CANADA INC.; JOHN SUMMACH; PARKSIDE
TRADING (A/K/A/ PRESIDENT EXPORT); and, ARON TYRNAUER (A/K/A &quot;ADAM&quot;).
The case is currently awaiting trial before the Honorable Richard Alan Enslen, Chief District
Court Judge for the Western District of Michigan.

# # # # # # # # # # # # # # # # #(over) # # # # # # # # # # # # # # # # # - 2 -

The defendants are also charged with money laundering and conspiring to commit money
laundering in violation of 18 U.S.C.  1956. #The individuals are subject to a maximum
twenty years' imprisonment and $250,000 fine, and five years' supervised release. #The
corporations are subject to the greater of $500,000 or double the illegal proceeds. # #

There are two sources of the illegal equipment - domestic manufacturers and foreign
manufacturers. #The domestic manufacture and sale of illegal equipment is a violation of 47
U.S.C.  302(a) and 501 (FCC statutes prohibiting devices that cause harmful interference),
and 18 U.S.C.  371 (conspiracy), 1001 (false statements), 1341 (mail fraud), and 1342
(wire fraud). #The importation and distribution of the illegal equipment is a violation of all the
above statutes and 18 U.S.C.  542 and 545 (Customs violations for false declarations upon
importation and importation of contraband).

In related actions earlier this year, Judy Korp, Business Manager of A-1 Telecom, pled
guilty to accessory after the fact to illegal importation of contraband electronic equipment.
Angela Jones pled guilty to the illegal manufacture, distribution and sale of linear amplifiers
in violation of 47 U.S.C.  302(a) and C.C.G. Inc. pled guilty to mail fraud in connection
with the distribution of the illegal linear amplifiers. #Both Jones and C.C.G. Inc. admitted to
manufacturing illegal linear amplifiers. #Later, Samuel Lewis and R-F Limited of Redmond,
Washington, pled guilty to the illegal manufacture, distribution and sale of linear amplifiers.
Lewis has agreed to pay approximately $11,894 in forfeiture and civil fines, and faces a
maximum sentence of one year in jail. #Meanwhile, Greg Lowry of Milton, Ohio, has pled
guilty to the illegal manufacture, distribution and sale of similar illegal equipment. #Lowery
now faces a one year term in jail and has agreed to pay the Government $20,000 in forfeiture
and civil fines. #Sentencing of Lewis, Lowry and Jones is pending. #

The investigation and prosecution of other manufacturers, importers, and distributors
continues. #The investigation is being headed by FCC Field Agent Michael Rhine and Special
Agent Peter Latham of the U.S. Customs Service. #Prosecution of the case is assigned to
Assistant United States Attorney Daniel Mekaru. #


# # # # # # # # # # # # # # # # #- FCC -



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Could both E-Bay and QRZ.Com be considered, accessory after the fact to illegal importation of contraband electronic equipment, by allowing the sale, or posting for sale, after being informed of it's illegality?