FCC Cracks Down on Uncertified VHF/UHF Gear, With Hams Caught in the Middle

Are you using a Baofeng calculator?

 

Competition? Is that what you call it? IMO what China does, economically, is not competition.

Dan KI4AX

 

So lets see here the FCC is doing a crackdown on importers of radios and HAMs who buy them. Does that mean that the FCC finds a lack of faith in that HAMs can abide to Part 97.1 & 97.101 or is this all about the money/trade/legal-extortion? Aren't we HAMs responsible for Part 97.101 (good Engineering practices) or has the dumbing down of HAMdom come full circle now? Is the FCC going after that 97 Rule about allowable RFI in your shack, heck no, it's an impossible rule to enforce!

I have a question to the second response here, the two eBay links; cert & illegal. True it was an advertisement NOT from the actual OEM MFG but it was an advertisement to sell (likely an online business) - is the FCC going to crack down on eBay/Craig's List/Internet/etc. when ads for illegal radios are placed? Heck no, think of all the tax revenue lost if they did.... FCC is not that big - hell the LA area office only ever had eight Engineers to police one of the biggest RF spectrum anywhere USA (including ~50K HAMs). FCC is only going for the obvious easy hangers with deep pockets - HAMs are safe....

Years ago the FCC wanted to reduce/eliminate our 10m Amps from being used on CB band, so a Part 97 product rule was created. Then the cell phone MFG'ers (money talks) got the FCC to do their bidding in blocking RX areas so the cell users could think they had private comms and cell sellers could BS them, ha ha.

 

My take on it is this. (again this is just my opinion so everyone keep your shorts untwisted). There are Baofeng and other Chinese radios that do not have an FCC ID. Those are illegal. Now there are Baofengs and other Chinese radios that DO have an FCC ID. If you take time to study said FCC ID you will find that they are only certified for 1.78 watts (commercial use). Yes they are certified BUT the radios can transmit outside of the amateur radio bands AND transmit at a higher power than they are certified for and that's what is making them illegal. I personally think the FCC is trying to put the toothpaste back in the tube.

 

Is there a reason you spell "ham" with all caps? It's not an acronym, it takes longer to type, and it's simply not correct and promulgates an error.

 

Glad I don't use one. I'll stick to my FT-60 and RM Italy amp.

 

The Baofeng HT's are great for using with our ATV/UTV group. For a $31-$50 investment
it's no big deal if it gets lost/broken/stolen/filthy dirty. On the other hand, I use my Yaesu FT2D
($300+) in much better environments. IF there is a criminal in this issue, it is sure as hell NOT
individual ham radio ops........uh oh, who's in that white van outside my house???? (LMAO!)

 

Excuse me FCC. My Baofeng UV5RV2+ that I bought really, really cheap somewhere recently has a PART 90 certification sticker on it. Now, YOU type accepted this radio, and many other variants of it many years ago. If that certification is not valid, YOU need to pursue it with Baofeng - you have NO CASE against any amateur or commercial user who buys one.

The Radioddity dual band DMR radio that I just bought for $53 also has an FCC sticker under the battery, but, this one is apparently not Part 90 certified. Still, it's receiver has been certified, which should be all that matters for importation. My Tytera MD380 also has an FCC certifcation label on it, and includes the FCC listing number. My much older Wouxun also has a Part 90 certification sticker on it.

So exactly what certification are you expecting? How are consumers supposed to tell the difference?

You are trying to close the barn door long after providing the foxes with pass keys.

I see I got a heck of a deal on the Radioddity - they're up over $100 now on AMAZON. The UV5RV2+ is $34 today, again on AMAZON (not EBay).

 

Your license is an agreement to operate any equipment within a band for which you are authorized.
Makes no difference if it's an old a analogue vfo control that can be operated out of band or a later SS. unit that may or may not have frequency limits built in and/or able to be altered.
Here, the difference is offering a radio to the authorized user through retail or whole sale means that is subject to federal law.
What is not understood about this?
Nothing has changed for the Amateur op.

 

The problem is that, the Baofeng Radios (as one example) are Part 90 certified, and that requires them to operate only on the frequency bands for which are applicable to Part 90, but they don't - they operate on Amateur Bands as well as public service bands which violates their type certification. Similarly, there is a type certification exemption for Amateur Radios (as noted in the FCC enforcement bulletin), however - if the radio in question (ie, a Baofeng) transmits outside the Amateur Bands (which it does) it is now determined to not meet the Amateur Radio exemption and is illegal to transmit on because it is likewise capable of transmitting outside the Amateur bands and thus not Part 97 exempt. Please read the FCC Bulletin, page 2, 4th paragraph. Hyperlinks provided.

I'll keep mine and use them, I disagree with the FCC ruling that they are not usable for Part 90 or Part 97 purposes when they, themselves, certified them to be Part 90 approved. I believe in the 4th amendment that my, yours, our property is secured from seizure without a warrant - and that, banning the use of my property which was legal when purchased and approved by the FCC as Part 90 compliant, is in fact a seizure of property without due process - and, IMHO, confiscation - because it is basically trash now - which I paid with my legally earned money, and legally purchased, and certified as legal by the FCC at the time of purchase.

 

Nothing will stand between a cheap new ham and his Baofeng. Maybe a black market could run up the price....

 

Yes something did change. What changed was that if you OPERATED a radio outside of a band for which you were licensed for you were in violation. Now, if own a radio that is CAPABLE of being operating outside of the Amateur Band it is an illegal radio; whether you as a ham operator do or don't operate outside the ham bands.

 

Like FCC-ID:%^&*$-5r????????

 

If a radio is illegally imported, marketed and sold without any kind of certification pursuant to Part 302 of the Communication Act, you can't use it anywhere in the United States for anything at all whatsoever, including "use" on the amateur radio bands.

Read the regulations in part 302 of Communication Act...

Emphasis on "use" is mine.

This has absolutely nothing to do with whether Part 97 does, or it doesn't require us to use any certified equipment on the amateur radio bands. The equipment was never permitted to be imported and "used" for anything in the United States at all in the first place, and that's the problem.

 

If you have ever seen the output of a bay-o-fungus on a spectrum analyzer you wouldn't use it anyway.