This is Part 97 regarding external power amplifiers...... And that concerns only MARKETING AND SALES..... But there are many different parts that affect the commercial manufacture/importation, marketing, advertising and commercial sales of ANY type of radio, OR ANY intentional radiator AND non-intentional radiator electronic type device, regardless of which service it is intended for use. Many times the amateur Part 97 rules get quoted to create a loophole, as the ultimate responsibility of operation is the licensed user utilizing this device. However that does nothing to exempt a marketed device for sales from many other Parts of the FCC rules. For instance part 15, part 2 and even parts 90 may apply to amateur radios. At the very least the radio has to be certified as to what type acceptance it is understood to be used for..... Just because it is said to be used for amateur use doesnt make it so.... Surely such radios bave no legitmate usefulness on the cellular bands and would legally pass type 90 acceptance. Just because its a ham radio makes it legitimate for operation under part 97 on the cellular bands.... The legitimacy usefulness of this radio is questionable and the importation , marketing and sales is surely very doubtful and plainly obviously is opprotunistic exploitation of the amateur radio rules and harms the responsibilties honored upon ham radio. Very much the same way that part 97 came about to restrict the availbility of amplifiers to US hams by those that exploited the technical responsibility bestowed upon hams , to line their pockets with the outlaw profits of CB scofflaws as noted in the previous posts.
Okay, I might have misunderstood your question. I had to read it several times to see what you mean. There are several subthreads getting mixed here. You were doubting WB7OXP's reason for why the IC-9610 is awaiting certification. Since it's an HF transceiver then I guess the 27 MHz thing is a reason. Yes, I can see the problem when a radio covers a wide frequency and mode range but is really sold for non-ham use but gets away with no certification just because it could be used as a ham radio. I don't know how common that situation is or if that is the case here.
Finally someone gets it right. Part 97 is NOT a regulatory island for Amateur Radio equipment. The manufacture of ANY electronic devices for sale, including Amateur Radio equipment, must meet ALL of the FCC minimums. This includes that manufactured exclusively for Hams. This doesn't include what Hams build for themselves, which is not considered manufacturing for sale. The difference between certification and type acceptance is who is doing the testing. Type acceptance was done by the FCC in their own labs, but that was very costly. Now manufacturers must certify that their equipment meets FCC minimums. Most hire an outside lab to do the work. The biggest sometimes have an in-house facility. A few self-certify without proper testing. It's been this way for decades.
But ... genuine question ... where do they draw the line? If I make a few "homebrew" QRP cw transmitters each month, am I permitted to sell those on qrz.com or eBay without certification? What about kit manufacturers who offer a "we'll put it together for an additional fee" service and sell it as a working transmitter?
A very good question! They don't go after anybody unless there are a lot of complaints. The kind of stuff you describe just doesn't make it onto their radar. There's also an exception for testing and lab use. You have to include a disclaimer for that. Kit manufacturers who build it for you are a manufacturer and should certify their equipment. Even if it isn't a transmitter, if it has an oscillator it can cause interference and should be certified. Some use Part 15 as a crutch to try to get around it by putting that infamous notice on the back about not causing interference and having to accept any. Unless it's really aggregious the FCC doesn't have the budget to go after them. In other words, there's been a gray area created around the whole thing, mostly by makers who want to get away with making it as cheap as possible. The flood of crappy Chinese imports has made the problem far worse, and it's likely to stay that way.
