True. If equipment needed an FCC number then you wouldn't be allowed to use home brew gear without it being tested by the FCC.

Ben Jackson wrote:

"Devices used in the Amateur Radio Service do not require authorization prior to being imported into the United States, but devices for other services, including the CB service, require Commission approval."

Thus, provided the importer only uses it under Part 97, it's kosher. I just can't, say, use it under a GMRS license or something.

On Wed, 2009-06-10 at 11:23 -0700, Clint Bradford wrote:

The original post described a commercial HT ... operating WAY OUT of the 2M and 440 amateur bands. For marketing and sales within the United States, FCC certification is required.

Do people purchase non-FCC-certified commercial rigs and use them on the amateur bands? Yes.

Is it legal to do so? No.

It might be illegal in the US, but it's not illegal in the UK. Over here, you are responsible for operating your equipment in-band, no-one else. Certainly not the manufacturer.

Gordon

Hi Clint!

The original post described a commercial HT ... operating WAY OUT of the 2M and 440 amateur bands. For marketing and sales within the United States, FCC certification is required.

Do people purchase non-FCC-certified commercial rigs and use them on the amateur bands? Yes.

Is it legal to do so? No.

The problem with this whole line of messages is that two completely separate issues are being thrown together - the purchase and use of the non-FCC- certified radios by hams on the ham bands. I am not a lawyer. Here goes...

First of all, FCC requires certification for ham gear in two instances:

1. Amplifiers for bands below 144 MHz. (see 97.315 and 97.317 of the FCC rules, http://www.arrl.org/FandES/field/regulations/news/part97/ ) 2. Ham receivers or transceivers that cover outside ham bands above 30 MHz (receivers outside ham bands are covered by FCC Part 15; transmitters outside the ham bands would be covered by another part or part of the FCC rules depending on the frequencies covered).

Take a look at this web site:

http://www.fcc.gov/oet/ea/fccid/

This lets you search the FCC Equipment Authorization Database. Take the FCC ID number off your radio, cell phone, or anything else that might have that number, and you get access to information about that item. There is the grant of certification, sometimes there is other information like test reports, copies of manuals, photos (internal and/or external), and other items submitted by the manufacturer or importer/distributor as part of the process.

If you have a dual-band HT or mobile, put that ID number into the link above and read the grant. The grant only covers the receiver, not the transmitter part of the radio. It will be certified according to some subpart of FCC Part 15, *not* Part 97. Sometimes the grant will be for the frequency ranges outside the ham bands (this is all that FCC requires), but many will also get certification for the ham bands to simplify the application. If the gear only covers the ham bands, or is confined to operation below 30 MHz (i.e., no expanded low-VHF or 6m coverage), certification is not required.

It appears that US Customs is not concerned with individuals buying these non-certified radios in very small quantities from offshore shops or eBay storefronts etc. If HRO, AES, etc. wanted to advertise one of these non- certified radios, then I would expect FCC to step in and question it. Note that the major ham manufacturers tease us with advertisements for new radios in the magazines before certification has been granted by FCC, but with a disclaimer that the radio cannot be offered for sale or lease until that certification is granted. A way to step around restrictions on marketing a non-certified radio, I think. It appears that FCC has not tried to get eBay to stop those non-US sellers of the non-certified gear from being visible to US visitors to that site. And the big 3 or 4 ham manufacturers still announce radios without FCC certification with that disclaimer in the ad.

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).

Now, where was I again? Oh, yes, the AMSAT-BB list, talking about amateur satellites... ;-)

73!

Patrick WD9EWK/VA7EWK http://www.wd9ewk.net/

Its interesting that nobody seemed to look at their main page, where I found this statement: **WOUXUN Two-way radios are CE FCC and RoHS approved.**

And further down the page: _WOUXUN Two-way radios are FCC approved.FCC ID:WVTWOUXUN03

_Look for yourself: http://www.wouxun.com/

So they do claim they are FCC approved and there is a FCC ID number. Does this make everyone's argument moot?

Simple research is important sometimes. :)

Ernie W8EH

Its interesting that nobody seemed to look at their main page, where I found this statement: **WOUXUN Two-way radios are CE FCC and RoHS approved.**

And further down the page: _WOUXUN Two-way radios are FCC approved.FCC ID:WVTWOUXUN03

Feeding this ID to Google I find this:

http://www.chinatwowayradio.com/showroom/wouxun/certificate/index.htm

--Kauto OH2LFM

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Mark Spencer wrote:

I seem to have learnt something new today. I didn't think that "front pannel programmable" radios that were frequency agile could get an FCC approval (for Part 90 or other non ham use) these days. I also looked up the FCC ID on the FCC web site and found a copy of the manual that seems to confirm front pannel programability.

Also check out the Motorola JT1000

- -- Ben Jackson - N1WBV - New Bedford, MA bbj <at> innismir.net - http://www.innismir.net/

Here the even the possession is prohibithed...

An extract from the Canadian Radiocommunication Act

PROHIBITIONS INTERDICTIONS

Prohibitions 4. (1) No person shall, except under and in accordance with a radio authorization, install, operate or possess radio apparatus, other than (a) radio apparatus exempted by or under regulations made under paragraph 6(1)(m); or (b) radio apparatus that is capable only of the reception of broadcasting and that is not a distribution undertaking.

Idem (2) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio- sensitive equipment for which a technical acceptance certificate is required under this Act, otherwise than in accordance with such a certificate.

Idem (3) No person shall manufacture, import, distribute, lease, offer for sale or sell any radio apparatus, interference-causing equipment or radio- sensitive equipment for which technical standards have been established under paragraph 6(1)(a), unless the apparatus or equipment complies with those standards.

"-"

Luc Leblanc VE2DWE Skype VE2DWE www.qsl.net/ve2dwe WAC BASIC CW PHONE SATELLITE