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QRZ Warned by the FCC

Discussion in 'Amateur Radio News' started by AA7BQ, Jul 10, 2008.

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  1. NF4P

    NF4P Ham Member QRZ Page

    cb radio

    I am retired from trucking for years these radios were sold and modified in almost every truck stop in america .Almost all of these radios were operated with amps.I never heard anyone gripe when they went to the store to purchase everything they wanted after these radios kept many tired truckers awake gave help in emergencys or whatever.The fcc even posted several years back they did not care about power as long as it did not interfere with critacal things such as heart monitors and so on.If the truth was told probably 50% or more so called hams started just as I did in the early 1960!s
    with an old cobra radio.Get off your cryin butt and go to something more important and really means something such as raising your children teaching them how to make aproper decision on how to vote ,respect,ect.I am quite sure a cb radio never did any thing but deflate your little ego because you passed a test so what most of us did that operate on ham bands.
     
  2. NF4P

    NF4P Ham Member QRZ Page

    cb radio

    I am retired from trucking .for years these radios were sold and modified in almost every truck stop in america .Almost all of these radios were operated with amps.I never heard anyone gripe when they went to the store to purchase everything they wanted after these radios kept many tired truckers awake gave help in emergencys or whatever.The fcc even posted several years back they did not care about power as long as it did not interfere with critical things such as heart monitors and so on.If the truth was told probably 50% or more so called hams started just as I did in the early 1960!s
    with an old cobra radio.Get off your cryin butt and go to something more important, and really means something such as raising your children teaching them how to make aproper decision on how to vote ,respect,ect.I am quite sure a cb radio never did any thing but deflate your little ego because you passed a test, so what most of us did that operate on ham bands.
     
  3. K7IWW

    K7IWW XML Subscriber QRZ Page

    Thanks for clarifying that point. It remains, as far as I'm aware, an open question whether the DMA would trump the marketing ban in the manner you suggest it might. Generally, a more specific provision (the marketing ban) would control over the more general provision (the DMA) with respct to the subject matter addressed by the specific provision.

    Please note that I'm not a partisan, but rather simply following the arguments, which have been interesting.

    I must agree with those who caution strongly against seeking FCC opinions on arcane issues. It was just that sort of request (dealing with the legality of ordering a pizza via a repeater autopatch) that resulted in a somewhat off-the-cuff FCC opinion letter effectively outlawing all amateur radio support of walkathons, etc. sponsored by organizations, whether hey were for-profit or non-profit organizations. That opinion got stretched to even more absurd lengths before things were rectified by remedial rulemaking after many years.

    In 1989, as part of a delegation traveling to the then-Soviet Union for international radiosport games, our group desired to administer VEC exams to a couple of our Russian ham friends while we were "in country." I could find no prohibition on this. I contacted ARRL regulatory services and spoke to a guy who was tight with folks at FCC. He agreed that there was no specific prohibition, but after doing some informal inquiry, counseled us to not seek an FCC opinion. We complied with all the VEC regs then in existence (posted the location, date and time of the session in several public places, etc.) and our friends earned licenses. One amazing fellow passed all exams from Novice through Extra, in English, in seriatim! A few years later, someone elsewhere did seek an FCC opinion letter on this kind of scenario, and the answer came back indicating that it was a no-no. But it was stictly a prospective, not retroactive, opinion, and its viabiity was subsequently undermined by later pronouncements.

    This kind of "easier to ask for forgiveness, than for permission" approach places many people in an awkward position, forum operators such as we have here, included. Part 97 itself is fairly clear now, that what is not specifically prohibited, is permitted. On the other hand, the word "person" is also fairly clear, as in "...no person shall...".

    On a purely personal and visceral level, it bugs me to see clearly unlawful offerings of certain equipment on e-Bay. Unfortunately, the "peer policing" leaves much to be desired, as many sellers have experienced the compelled deletion of their auctions as a result of the items offered being reporting as violative of e-Bay policies intended to comply with the "banned equipment" rules -- even though the items offered were actually lawful to sell.

    With the FCC's recent repeal of the ban on external RF amplifiers capable of operation above 24 MHz as provided, where the gain figure exceeds a particular threshhold, even more confusion has resulted.

    Fortunately, the percentage of items at issue that are listed here and on similar boards, is quite small in relation to the total aggregate of listings. My personal opinion (as opposed to a legal opinion) is that as long as that ratio remains, we are better off not making a big scene about it. Ham swap & shop site policies requiring a valid amateur radio call sign to be connected to an offering, seem to me to be an adequate manner of keepng this in check. If everyone stops to consider whether operarion of an item as intended could generate spurious, non-linear or otherwise problematic emissions, the demand for the truly undesirable kinds of gear at issue (i.e., non-certificated, commercially manufactured external RF amplifiers -- in particular, but limited to, those intended for "10 meter" or 27 MH use) would significantly diminish.

    In the meantime, voluntarily applying the Commission's "banned list" ought to provide a modicum of protection for listers and site operators alike. Unfortunatley, we may not have heard the last word regarding the FCC opinion letter sought by one ham in relation to qrz.com.

    It seems to me that it would be more productive, if those questioning the propriety of a particular item such as an mplifier, posted their questions and conerns on the board, in a reply message to the listing. Those with a measure of knowledge and experience will be able to discern between what is "good" and what is not. And if purveyors of facially problematic items are aware that such reply posts may arise, that in itself will be a deterrent to the offering of clearly inappropriate items. Focusing on the site operator seems to me a misdirected proposition, in light of the aforementioned ratio between such items and regular amateur radio fare listed.
     
  4. W6AWS

    W6AWS Ham Member QRZ Page

    Funny statement! The truth, is we do! All of us do! Whether it be how fast we drive or if we really come to a complete stop at that stop sign :eek:. Heaven forbid we water on an even day when we are allowed only odd days! ;)

    Those famous "Tea Party" hooligans broke the law. ;) Just because it's a law does not mean its right! Sometimes its the only way to facilitate change. Called "Civil Disobedience".

    For the FCC or any "busy body" QRZ members to expect Fred and staff to police each ad is unreasonable and unwarranted. If you have a problem with that radio, and you feel the need to be part of the "legal patrol", contact the seller yourself and let them know your concerns or better yet, don't buy it!
     
    Last edited: Jul 12, 2008
  5. KE8OSO

    KE8OSO Ham Member QRZ Page

    With all due respect, instead of crying to the FCC about certain equipment being sold here, why would the do-gooder idiot not simply buy the equipment him/herself and destroy it? I mean, that's the most likely way to keep it out of "bad hands".

    Why try to call down the thunder on a very nice, useful forum like this one? One thing I can't understand is why the individual who did it is still permitted here. I'm an admin on a few different forums, and that would not be tolerated on my watch. I think this idiot should be banned and outed. Nobody likes a tattle-tale.

    The way the FCC is going about the "prohibited radio list" is ridiculous also. I mean especially with radios like the RCI units that are intended for 10m. These work just fine for amateur use. The prohibited radio list should include all radios that can be modified for MARS/CAP, since that also unlocks 11m operation, if the rules are to make any sense whatsoever.

    One thing that bothers me about the banned list is what ever happened to the concept of "innocent until proven guilty". Posession of the radio shouldn't automatically be equivalent to someone being guilty of operating it illegally. Same with ATF regs on certain gun parts, but since we're talking radios here all I'll say on that is I believe that prohibiting posession of those parts is unlawful too.

    You'd think the Government would have figured out that Prohibition doesn't work with our grand little experiment in the 30's, and with the war on drugs today. If someone wants something badly enough, they will get it, laws or not.

    Banning radios because they "might" be used to break the rules is just as dumb as trying to ban guns to reduce murder rates. People who are going to abuse things are always going to be able to get what they want, at least if we want to keep any semblance of a free society.

    The only thing you do when you make more things illegal is to create more criminals where none existed before. Just because something is illegal doesn't mean it should be nor does it mean the agency banning it is in the right. Every day the government continues to erode our rights. Currently there are so many laws you cannot possibly know when you might be breaking some stupid meaningless rule. This has got to stop, and the way to stop it is by challenging it.

    Keep up the good work on this site, and please consider drowning the rat. We as a community clearly do not need to keep pet rats.
     
  6. K5FH

    K5FH Ham Member QRZ Page

    That is EXACTLY what I have said many times on these forums. NEVER ask a career government bureaucrat for a "clarification" of a gray area in the regulations. Career bureaucrats always take the safest route and that is to say NO to whatever you want to do. This is where the infamous "order the pizza" ruling came from back in, if I remember correctly, 1977 or so.

    El Supremo, Wayne Green, W2NSD, said of the practice of asking a FCC bureaucrat for an opinion, "On a scale of one to ten I'd give that move a minus 25."

    Most bureaucrats take the position of Big Brother in Orwell's 1984, that is, whatever is not specifically permitted is forbidden. Real people, on the other hand, should take the position that if it isn't specifically prohibited, it's permitted. Just do it and keep your mouth shut. It's always much easier to get forgiveness than permission, especially when dealing with a gray area in the regulations.

    Jan, DL1JRK:

    Welcome. In that simple sentence you pinpointed a very important principle that we should all never forget, but that far too many never seem to learn: we EARN our licenses. Far too many people here in the U.S.A. seem to think that a license is a right that should be granted on demand.
     
  7. K3YBN

    K3YBN Ham Member QRZ Page

    Well I guess we should ban cars then. People modify them to do over 140 mph.. thats illegal but it is still done and occasionally it KILLS someone. And how about all of these radios that our MARS members modify to operate in the MARS bands? This kills no one and we ban it.. sooo do we now ban cars? or guns or maybe lets try legislating common sense. geeze when will government EVER stop protecting me from myself?

    Jim WA3MEJ/AAA3MD
    Maryland State MARS Director
    U.S.Army MARS
     
  8. KC4RAN

    KC4RAN Ham Member QRZ Page

    Oh yes, I can tell that they're intended for amateur use (which is the only legal use) on 10 meters. Can you tell me on which page of CQ/QST I can find their most recent ad?

    The implementation makes sense if you look at the full wording instead of just a couple of the parts.

    What matters isn't just that it can be made to work on 11M... It's that they see that it's intended to (as a primary purpose) be modified for use on 11M. It's not an 'accidental unintended consequence'. It's the goal of the manufacturer to get these radios working on 11M. In almost every case, the operation and construction (channelized only, square standardized CB form factor, echo/rogerbeep) of these radios is exactly like a CB (by no accident) except for two or three differences:

    Frequency
    Power output
    Mode (may include FM)



    The FCC is basically saying that they see through the ruse of the manufacturer, and they see that the manufacturer is making these radios for the primary purpose of being used in an illegal manner. As far as I know, each of the radios you guys keep bringing up that are also technically capable of operation on 11M are not constructed and marketed by their manufacturer for the express purpose of being used on 11M in an illegal fashion.

    You guys are getting lost in the forest (technical capability) and can't see the trees (manufacturer's intent). The amateur radio manufacturers we all know are the ones that actually market to the amateur community, and avoid selling to less-than-desirable channels like truck stops and places like Copper. They buy ads in amateur radio magazines, but you don't see them in any OTR magazines. They work with the FCC to make sure that their radios meet any and all regulatory compliance (see Icom and the 7700)... they don't try to brand the radios in a fashion as to evade regulations.


    Oh yeah, those are "amateur radios"... wink wink.

    I could probably use an AR-15 full auto sear as a miniature doorstop or anvil in a Barbie house, and someone might even have the idiocy to try to claim that... but the courts would see right through that. You know what it's intended to do and so do I. Same with these radios. They have decided that the primary and/or only use for the part is to make a legal weapon into an illegal one.
     
  9. KF6TAZ

    KF6TAZ Ham Member QRZ Page

    We have more Government that Russia and Europe

    We have so many Winp - Panty waist Men in America, including many so called Hams, it's no wonder that the Hired 545 Government Idiots Congress, President and Judges, that are supposed Elected Representative watching over our Constitution, but Don't, they run ruffshod over all of us. Hey wake up and smell the Freedoms, "Gone for Good", next they will have jack booted Police chasing us with tasers to just satisfy their sadistic, moraless little minds.
     
  10. W6EM

    W6EM Ham Member QRZ Page

    Just because you and a thousand other outlaws did it didn't make it right. The DOT forced logs and limited driving time to help make sure truckers got enough rest. As someone who's been run off the road by a sleepy trucker more than once, I am glad that the exits are jammed with sleeping truckers until 6AM or so every day. Those guys are legal.

    Adding 20dB to a 5 Watt radio is really not necessary to pass along road condition information. And, telling all the guys on Channel 19 that the fuzz is up the road isn't cool either. 5 Watts can do that just fine.

    I'm from Missouri, SHOW ME.

    No, I'd disagree. Maybe one in 50. Only one person I knew back in the early 60's when I got my license had a CB. It was his dad's and it was used when on hunting trips.

    I try to by setting an example of how it is a US citizen's responsibility to seek changes in regulations when they are fuzzy, incomplete, unfair or discriminate based on the usual prohibited class categories. This is just one of them.
    And, I guess I should say that my son wanted a 5 Watt legal CB radio as a teenager, so I got him one. And, put a 108" whip on his pickup. The reason? He heard about all the comedians on CB and wanted to be entertained when driving home from high school. A fact.

    Well, we've all passed several if more than an entry level licensee. Many of us had to learn the code. Perhaps you did too. Illegal CB operators have given ham radio a bad name by their usual vulgarity on the air and their inability to operate their equipment properly, thereby causing nuisance RFI and TVI. And, the media usually reports it as a ham radio operator. 5 Watts in and 4 Watts out won't do that to much of a degree. Its when linear amps are added that aren't properly tuned or biased is where the problems begin.

    You truckers might have earned class 1 driver's licenses, but few have taken the time as you apparently have to learn enough radio theory and operation to get an amateur radio license and operate legally while mobile.

    I think the suggestion someone had for the fCC to set up at border scales and inspect trucks is a great idea. Then, confiscate not only the radios and amplifiers, but the truck tractor as well. Good mantra.
     
  11. W6EM

    W6EM Ham Member QRZ Page

    You're a newbie and are just looking at the present Galaxy and such examples. There's little question that they weren't designed to be inflated CB rigs. The older units, such as the Uniden HR-2510 were all mode. CW,SSB, AM and FM. And, they weren't two digit channel displays either.
    The Radio Shack HX-10 didn't have FM and wasn't as popular for that reason. Even in the '80s, when these came out, they were only about $150. Where else could you find a radio to get on 10FM so inexpensively? And, I used mine for both FM and USB while commuting. Only problem I had was that I had to stop and add my capacity hat to drop the SWR when working USB on the low end of the band.

    As has been pointed out, the FCC is trying to get the small fish instead of going after the abusers. If they did their jobs like Jan tells us they do in Germany, there wouldn't be illegal freebanders and amplifiers in every 18 wheeler on the road. Nab a few truckers and have the GSA auction off their seized tractors, and that will stop the stuff pronto.

    Telling us we can't buy or sell a 25 year old radio to another ham is just absurd.
     
  12. W4KVW

    W4KVW Ham Member QRZ Page

    America!

    If YOU or ANYONE else really don't like AMERICA it's as EASY too LEAVE as it is too GET IN!GREATEST Country in the WORLD in MY OPINION no matter what PIECE of JUNK CB they will NOT let me use on the air,"LEGALLY"!By the way their are SEVERAL of these rigs STILL listed on the site & at least one that was posted TODAY(7-12-08)so it looks like the WARNING must be working(NOT)!It's AMAZING how the MAJORITY of AMERICANS have NO PROBLEM following the LAWS(RULES)but a FEW just will NEVER conform!CRYING does NOT help so get over it & move on.

    Clayton
    W4KVW
     
  13. KO4BB

    KO4BB Ham Member QRZ Page

    It is illegal to possess marijuana in the US. It is not illegal to possess an RCI 2950 radio. You have obviously missed that detail.
     
  14. KE6ANM

    KE6ANM Ham Member QRZ Page

    I see some sk's over this

    Wow, with all the terrible things this GREAT country is doing to the rest of the world as well as its own citizens, it amazes me that everyone is getting this worked up over a radio for sale on an open forum.
    IF WE PUT THIS MUCH WORK AND DRIVE, INTO TURNING OUR COUNTRY AROUND AS WE ARE SCREAMING AT EACH OTHER, ( effect noted I hope),
    we would be so happy and content, that insignificant things like this would be of little or no concern to us.
    Relax everyone, this is supposed to be fun.
    Your going to give yourself a coronary..
    Remember we are all hams, were smarter then most.
    Were supposed to be ON THE SAME SIDE.
    PEACE AND LOVE TO ALL.. ( I REALLY MEAN IT)! :D
















     
  15. DL1JRK

    DL1JRK Ham Member QRZ Page

    One thing though:
    Different countries have different rules concerning CB radios: E.g. in Germany
    the rules are 1W ouput power and 12 channels for AM, 68 channels and 4 W ouput power for FM and SSB. Directional antennas are not permitted. Other European countries are more restrictive and allow, e.g. for Ireland, only 40 channels AM. So many CB radios sold here in Europe are multi standard, this means by the use of a simple switch they can be converted to other country's rules.
    Also, some countries like Italy still require a CB radio to be registered.

    Jan
     

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