Amateurs are allowed to use Baofengs that meet Part 97 spectral purity rules, even if only one out of a thousand meet the regulations. The FCC normally won't allow other services to use radios unless they pass their approval. And one of their rules is they only operate on frequencies for that service. There was a manufacturer who tried to get around that by submitting the same radio for different services and then trying to market it as a multi-service radio. The FCC didn't accept their reasoning. You can use a radio that operates out of band. But, you need to be sure that you are operating within your operating privileges.