While it may be legal to USE said radio on the amateur bands, if the radio is designed to operate on frequencies in certain services , such as the public service bands, it MUST be FCC type accepted ("certificated") for those services in order to even be IMPORTED into the U.S. They must also meet Part 15 interference standards.
Check the message forums on e-Bay: Customs HAS seized these radios numerous times over the last several years. They are being sold by "stores" in Hong Kong, but are actually shipped from distributors in California.
73,
George, KA3HSW
----- Original Message ----- From: "Patrick STODDARD (WD9EWK/VA7EWK)" amsat-bb@wd9ewk.net To: amsat-bb@amsat.org Sent: Wednesday, June 10, 2009 7:21 PM Subject: [amsat-bb] Re: Way-OT: Re: Full Duplex HT's (Howard Kowall) (BenJackson)
[snip]
Now on to using these radios. Clint - since you have been stridently insisting on the illegality of using non-FCC-certified radios on the US ham bands, could you please show us the specific law/rule/regulation that states that hams cannot use non-certified commercial gear in the ham bands? I am aware of is the technical requirements in FCC Part 97, Subpart D, which cover whatever radio - homebrew, kit, or made in a factory - that we may decide to use on the ham bands and other parts about not causing interference etc. The radio may not be FCC certified, but if it meets Part 97 - and the licensee is not transmitting outside the bounds of his/her license with it - that's what FCC is interested in. FCC Part 97 does not speak to the origin of the radio or whether or not it has certification (except for HF and 6m amplifiers, which require certification as outlined in 97.315 and 97.317).