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

I think it would be a very broad reading of the regulations to come up with this argument. The fact that we might be permitted in some extreme time of distress to do things that are not normally within the rules doesn't mean that we can do things outside the rules in other non-emergency situations.

The problem with these radios, as I see it, is that they can transmit virtually anywhere within their design parameters, directly out of the box, without modification of any sort. They don't have part 90 certification, and they are not limited to ham band only operation. Therefore, not legal to import or use. A change could be made to the firmware to only allow them to work within amateur bands, and then they would be suitable for import, IMO, as long as they got the required part 15 certification for scanning receivers.

The fact that we are allowed to build and modify radios has no bearing, since we did not build or modify this particular radio, we just bought it and used it. If we bought the radio as parts, or in subassemblies that were not working radios, then you would have a point.

 

Folks, you may want to check the Part 15 Certification on your favorite Bow Fang or other import you have. If it ain’t Part 15 compliant you have even more problems. That handy dandy $29.95 handheld might radiate a Local Oscillator signal at 10.7 MHz above or below the receive frequency just as well as the Part 97 transmitter radiates on the displayed frequency because the LO Reradiation is not meeting requirements.

One of the things I think many ops do not realize is a radio for use at 160 MHz has a receiver tested for operation within the commercial range. The vendor likely never tested the receiver in 144-148 range and thus the receiver’s Part 15 Certification has vanished when you retune it. Maybe the FCC allows the carve out in Part 15 for personally built receivers to cover retuned radios but I kind of doubt it. The FCC is now populated with lawyers who specialize in parsing words such as “IS”.

 

A local town or city holds no authority to enact 'laws'.
Ordinances are just that, not laws.
By such reasoning, a 'code' by a town or city, can also magically become a 'law'...it can not happen.
Laws are only enacted at the state level, not local, as this would lead to a mass confusion of every law that was written.
If this were true, then every town or city can make up their own laws..even creating laws that openly violate state level laws, which can not be undertaken.
The state is superior, not the local yokels, they are always inferior where legality is of paramount concern.

Same goes for a state that operates as a corporation, can not hold such power when acting as a corporation..one or the other, not both.
A state operating as a corporate entity, holds no jurisdiction over the actions of the people, unless the state is acting solely as a governmental body, not a corporate one.
This is akin to proclaiming one is a god and a slave.

 

You really need to do a little research into reality my friend...and maybe read that link i provided as to the legal definition of "ordnance" .

You have a nice day now.

 

Most commercially available radios operate properly 'out of band'. That old excuse holds no validity any longer. My cheap Baofeng holds a stable Lo and VCO across the entire UHF band, it does not go 'nuts' simply tuning it below its 'intended' frequency range.
Simply entering a frequency below the advertised range (150.8-160.500), and programming 147.300, will never cause the VCO or any frequency determining elements, to simply go crazy and suddenly radiate garbage.
That will not occur, the PLL has a set division ratio, and there is no way for this to get out of whack by using it 'out of band'.
My UV82 was a commercial radio, and had spurs across the commercial spectrum, but when I used it on amateur frequencies, those spurs dropped by 13dB. This proved that using it 'out of band' actually cleaned up the TX section. The RX section was just as clean and sensitive across the entire 2M amateur band, all the way up past the MURS frequencies, then, it began to emit those dreaded spurs above 156.205 and higher.
I will not worry about such matters, but every radio that has certification, can also develop spurs, most caused by acts of golden screwdriver actions to 'tweak' the power by ignorantly fumbling with the LP filters in the TX antenna path, or removing or knifing a coil to get that last mW of power on a specific frequency.
It is not always the manufacturer that is the cause for garbage signals, but the end user, but they will never admit that....no way Jose!
Programming error also add noise, or poor performance....adding a digit in the frequency without catching it, such as 442.200 being entered as 442.2005. This does not always work, but slips like this have been made, and the on air modulation sounds like crap....so, blame the radio!
I had a very clean FT-2800...but one day, it began throwing spurs across the UHF amateur spectrum...
A bad solder joint on the PLL chip was the culprit. The high resistance caused by the poor joint, forced the PLL to operate like a free running oscillator, coupling noise and harmonics onto the actual operating frequency.
Quality control affects every manufacturer, bar none. Things get out of control on occasion, it's normal.
Take the venerable MSF 500 for example. Great repeater, but after years of service, the filter enclosure developed 'fingers', as the internal plating came delaminated and flaked off, causing tuning problems. RX went in to the dumps, and was a pain to locate. This is why the MSF5000 is no longer wanted. A manufacturing error that did not appear until years later. Easy to repair, but a pain if you did not know what to look for.
Bottom line: It's not always the radio, but the user.

 

The killowatters probably won't interfere with police, fire, and aircraft like someone with an un-certified Chinese POS handheld.

 

W7MY, has a point. Thank you.

 

Nope, don't cheat on my taxes even for $1. Multiple reasons for that. But I do drive over the speed limit pretty regularly. This is much more akin to that than to cheating on taxes.

 

They will only do that if they do so deliberately or out of ignorance. No one is disputing that is illegal and stupid. A ham staying in the ham bands will not.

 

Get 'em while you can.

 

They can have my Baofeng when they pry my cold, dead fingers from around it! LOL

Maybe Radio Shack will bring back the HTX-202. Simple, doesn't go out of the band, RX or TX. Great for new hams. (Not likely.)

Glad I still use an Icom IC-2GAT.
As said by K4KWH above:

" I still don't think that FCC is going to come snooping and poking at your equipment so long as it is USED only for amateur operations AND as long as you don't draw their attention by violating ----------ummmmm, say---Part 90 while using your Icom on the local/county fire channels. You can still OWN equipment-even if it is not amateur equipment. It is USE that they are looking at!"

Let's say an officer asks to see your radio as you work a detail, like traffic control, as an amateur through ARES. With any radio, if a law enforement officer checks your amateur radio, looks at the channels in the memory, and keys up to see if he hears it on his two-way radio (transmits on his band,) it better not transmit on law enforcement/fire frequencies. And yes, it should have an FCC certification/ID number. Hopefully, if you are a fire fighter/police officer, your agency will provide you that equipment (or not) per their policies.

 

I disagree. I see people getting pulled over every day....the poster's contention was that you would never get caught by the FCC if you were using an uncertified radio. Further, speeding is a State or Municipal misdemeanor, while breaking Federal law is a felony. Speeding and breaking federal law are not akin at all.

 

When they enforce the National do not call registry. I will be happy to take a HAMMER to my baofeng. But I would have to find it in a junk box!

 

There already are ....what about the BITX? no...

 

Prostitution ain't bad for you....trust me.