Recently, a QRZ member notified us that we were permitting the sale of "Banned Radios" in the QRZ Online Swapmeet. The list of radios, published by the FCC, is well known and includes some well known models such as the RCI 2970 since it can be easily be modified to operate on the CB band by so-called Freebanders. The QRZ editorial staff discussed the issue and we came to the conclusion that while the FCC does (and rightly, should) prohibit the importation, sale, and marketing of these radios (previously available in truck stops), we concluded that the rule was obviously aimed at dealers, importers, and in general, commercial interests. Upon reaching this decision, we informed the member that QRZ has no objection to private individuals trading and/or selling these radios among themselves on the website. Upon hearing our response, the member then reported us to the FCC, or perhaps more accurately, "asked the FCC for their opinion". Here's what the FCC said in an email that I received today: Fred (John Doe) is correct in that you cannot market these devices on the internet, regardless if you are marketing them to amateurs or not. The devices cannot be marketed in the United States by any person. The RCI 2970 and the RCI 6300F150 can easily be modified to operate on the CB band. That is why the Commission has not allowed them to be certificated and that is why the FCC does not permit the "marketing of these devices by any person. See the attached Citation which explains our position. (we didn't get the attachment -fred) I am going to forward the information down to the Spectrum Enforcement Davison for further investigation and comment. David Dombrowski FCC Philadelphia Office So, the FCC is telling us in essence that private sales between individuals is indeed "marketing" and that such activity is illegal. In our laymans opinion, this position, while not exactly unprecedented (eBay caved on the same issue), is completely counter to a host of constitutional as well as common sense reasons. First of all, it is not illegal to own one of these radios. No permit of any kind is required for an individual to possess one. I've been trying all day to draw a parallel between other goods in the United States for which marketing is prohibited whereas the unlicensed or unprescribed possession is not and I've drawn a complete blank. Speaking in terms of fairness (note: I have no legal training), it seems to me that when the government prohibits the sale of property that you legally own then they have in effect seized its value and rendered it worthless. Therefore, they have taken your property without due and just compensation. Now, let's ask some perfectly reasonable questions that test the limits of the FCC rule: 1. Since the marketing of such devices is prohibited, it is apparently perfectly okay to give them away. Is it then OK to list them on QRZ if they are FREE, i.e. for give-away only? 2. Since amateurs are specifically allowed to build their own radio equipment, what happens when an experimental radio is built using parts and/or components from a banned radio, for example, one of its plastic knobs? 3. Does the FCC patrol hamfests around the country and arrest hams who might have an old, broken RCI-2950 in a box of junk for sale? 4. Does the FCC target internet websites such as eBay and QRZ because it's something they can do from their padded office chairs in Pennsylvania? This entire issue strikes me as an absurd exercise in mindless government bureaucracy. For starters, these radios aren't very desirable, they are now all considered old technology, no new ones are being imported into the United States, and, with the band conditions the way they are these days, nearly useless anyway. Despite all of this, we now have employees of the federal government spending resources to protect us from this awful scourge. Oh, and one or more mischievous QRZ members that are very proud of themselves for raising the issue in the first place. So in conclusion, let us know what you think, right here in the Forums. Tell how you might think that it's even remotely reasonable that the FCC can prohibit you from selling something that you legally own and that requires no license, permit, or prescription of any kind to have in your possession.