AnyTone TERMN-8R Terminated by FCC
This radio's FCC approval has been yanked - it is illegal to sell and market this HT in the United States.
The FCC's demand concludes ...
" ... marketing and importation of equipment in the United States bearing the referenced FCC Identifier is prohibited by Section 2.803 of the Rules. Violation of this regulation may subject you to the penalties provided in Sections 501 and 502 of the Communications Act of 1934, as amended."
Copy of the FCC order is here ...
https://files.secureserver.net/0slKwZkEj4batt
Clint K6LCS
The unit was intended for unlicensed 47 CFR Part 95 service which requires certificated radios. If an amateur radio operator were to acquire one of these radios, and be able to modify one to operate on amateur radio frequencies, that is perfectly legal so long as the unit is not used to transmit on frequencies outside of the amateur radio bands. With the exception of commercially manufactured external radio frequency amplifiers capable of operation below 144 MHz, there is no certification of any transmitting equipment for use on any frequency authorized for, and utilized by, license amateur radio operators. Amateur radio operators are free to home-brew, modify, etc., any transmitting equipment for use on the amateur radio bands so long as the emission specifications meet, or exceed, the minimum specifications in 47 CFR Part 97. Commercially manufactured receivers capable of receiving frequencies between 30.000 MHz and 960.000 MHz do have to meet certain 47 CFR Part 15 radiation regulations. Receivers home-brewed, modified commercial units, and so forth, if the work is done by a licensed amateur radio operator, do not require any certification. Also, commercially manufactured receivers, except for equipment certificated for use in the 47 CFR Part 95 Subpart D Radio Service, that cannot receive frequencies above 30.000 MHz, do not have any 47 CFR Part 15 requirements. Glen, K9STH AMSAT 239 / LM 463
Website: http://k9sth.net From: Clint Bradford clintbradford@mac.com To: AMSAT BB amsat-bb@AMSAT.Org Sent: Friday, April 17, 2015 7:45 PM Subject: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
This radio's FCC approval has been yanked - it is illegal to sell and market this HT in the United States.
The FCC's demand concludes ...
" ... marketing and importation of equipment in the United States bearing the referenced FCC Identifier is prohibited by Section 2.803 of the Rules. Violation of this regulation may subject you to the penalties provided in Sections 501 and 502 of the Communications Act of 1934, as amended."
Copy of the FCC order is here ...
https://files.secureserver.net/0slKwZkEj4batt
Clint K6LCS _______________________________________________ Sent via AMSAT-BB@amsat.org. AMSAT-NA makes this open forum available to all interested persons worldwide without requiring membership. Opinions expressed are solely those of the author, and do not reflect the official views of AMSAT-NA. Not an AMSAT-NA member? Join now to support the amateur satellite program! Subscription settings: http://amsat.org/mailman/listinfo/amsat-bb
The FCC - for the past about 20 years - would never have consciously allowed MURS and FRS and GMRS in one HT.
There are several factors which makes this AnyTone series non-compliant.
Clint Bradford
Unfortunately, the FCC no longer is a technically inclined agency. It is now "top heavy" with lawyers and bureaucrats. In fact, that has been the case for several decades. Personally, I have been involved with telecommunications, primarily commercial two-way radio, microwave radio, and data infrastructure for 50-years as well as having held an amateur radio operator's license for basically 56-years. I was a technician for the Motorola Service Station in Atlanta, Georgia, my junior year at Georgia Tech, and then was employed directly by Motorola to establish, and then manage, their very first company owned portable / pager repair facility away from the Schamburg, Illinois, plant. Then, a couple of years with Collins Radio, 10-years owning the Motorola reconditioned equipment center for the south central United States, light manufacturing for the two-way radio industry, and, finally, over 25-years as a telecommunications consultant. As such, I am very aware of the certification process. In 1989, recommended by Senator Phil Gramm of Texas, I was nominated, under President George H. W. Bush, for appointment as one of the FCC Commissioners. This was because of my experience with the commercial two-way radio and microwave radio industry, not because I was an amateur radio operator. I made it until the final round of approval. The final round was all Washington, DC, attorneys, no one with any technical background. Although I was not selected, I definitely feel honored to have even been nominated! Since the 47 CFR Part 95 radio services do not have any bearing on the 47 CFR Part 97 Amateur Radio Service, certification of radios for those services really doesn't have anything to do with amateur radio. The only thing that amateur radio operators need to remember is that amateur radio equipment does NOT meet the certification requirements to be used on any frequencies that require certificated (new "buzz word" for "type accepted") equipment. There are no regulations against receiving frequencies outside of the amateur radio bands (except for the cellular telephone frequencies). However, it is definitely against the law to transmit on those frequencies. For those amateur radio operators caught transmitting, using non certificated equipment, there can be serious penalties including the following: Fines of up to $11,000 per day per radio used for transmitting. Confiscation of the the equipment. Loss of one's amateur radio operator's license and not being allowed to get another one for the rest of their life! Under certain circumstances, imprisonment (means "go to jail"). Because amateur radio operators certified, by signing their application for an amateur radio operator's license, that they know, and will obey, all laws and regulations concerning the use of transmitting equipment, the FCC definitely comes down "harder" on amateur radio operators who violate these regulations than those persons who are not licensed. It is not illegal to own equipment that is not certificated for use outside of the amateur radio bands. It is illegal to transmit, on frequencies outside of the amateur radio bands using that equipment. It is also not illegal to sell, trade, give away, such equipment to another individual or to a company specializing in the sale of amateur radio equipment. It is illegal to sell, commercially, such banned equipment. Also, it is perfectly legal for a licensed amateur radio operator to modify, "re-tune", etc., such equipment for use on frequencies within the amateur radio bands. In addition, it is legal for an amateur radio operator to use such equipment as an intermediate frequency for amateur radio equipment such as transmitting converters and transverters. However, care must be taken to prevent such signals from reaching the antenna system. Glen, K9STH AMSAT 239 / LM 463
Website: http://k9sth.net From: Clint Bradford clintbradford@mac.com To: Glen Zook gzook@yahoo.com Cc: AMSAT BB amsat-bb@AMSAT.Org Sent: Friday, April 17, 2015 8:24 PM Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
The FCC - for the past about 20 years - would never have consciously allowed MURS and FRS and GMRS in one HT.
There are several factors which makes this AnyTone series non-compliant.
... Unfortunately, the FCC no longer is a technically inclined agency.
Your post has absolutely nothing to do with, well, anything to do with the original post.
A seres of radios get snuck in through the certification process that are non-compliant with well-esablished rules. If you have been in the commercial and amateur radio businesses for more than a decade, you KNOW the FCC would never allow a single rig to operate on MURS, FRS at more than 500mW, and GMRS - along with commercial freqs.
This is not a case of "bureaucracy" or "lawyers" gone wild.
Clint K6LCS
Actually, why the original post? The fact that the FCC did something about a radio being imported for use in 47 CFR Part 95 radio services has absolutely nothing to do with the 47 CFR Part 97 Amateur Radio Service and, even more, with amateur satellites! Glen, K9STH
Website: http://k9sth.net From: Clint Bradford clintbradford@mac.com To: Glen Zook gzook@yahoo.com Cc: AMSAT BB amsat-bb@AMSAT.Org Sent: Saturday, April 18, 2015 9:53 AM Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
... Unfortunately, the FCC no longer is a technically inclined agency.
Your post has absolutely nothing to do with, well, anything to do with the original post. A seres of radios get snuck in through the certification process that are non-compliant with well-esablished rules. If you have been in the commercial and amateur radio businesses for more than a decade, you KNOW the FCC would never allow a single rig to operate on MURS, FRS at more than 500mW, and GMRS - along with commercial freqs. This is not a case of "bureaucracy" or "lawyers" gone wild.
I'm neither an electronics engineer nor a lawyer, but I found Mr. Zook's message to be interesting. I think, maybe, he was just trying to make the point that these radios may have been "certificated" (can I now use that word in Scrabble?) by the lawyers and not be anyone in the FCC who knows technology. That seems to actually be in line with Mr. Bradford's comment that the FCC would not "consciously" allow such radios to be certificated. I assume that a conscientious (and "conscious") certification process would involve both technicians and lawyers.
Steve Kristoff AI9IN skristof@etczone.com
----- Original Message ----- From: "Clint Bradford" clintbradford@mac.com To: "Glen Zook" gzook@yahoo.com Cc: "AMSAT BB" amsat-bb@AMSAT.Org Sent: Saturday, April 18, 2015 10:53 AM Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
... Unfortunately, the FCC no longer is a technically inclined agency.
Your post has absolutely nothing to do with, well, anything to do with the original post.
A seres of radios get snuck in through the certification process that are non-compliant with well-esablished rules. If you have been in the commercial and amateur radio businesses for more than a decade, you KNOW the FCC would never allow a single rig to operate on MURS, FRS at more than 500mW, and GMRS - along with commercial freqs.
This is not a case of "bureaucracy" or "lawyers" gone wild.
Clint K6LCS
Sent via AMSAT-BB@amsat.org. AMSAT-NA makes this open forum available to all interested persons worldwide without requiring membership. Opinions expressed are solely those of the author, and do not reflect the official views of AMSAT-NA. Not an AMSAT-NA member? Join now to support the amateur satellite program! Subscription settings: http://amsat.org/mailman/listinfo/amsat-bb
The word, "certificated" actually appears in my copy of "Webster's New Universal Unabridged Dictionary" original copyright 1972. That is the "big" dictionary that used to, may still, sit on a special stand in a library. So, it can be used in Scrabble! However, I never heard the word until the FCC started using the term instead of the old "type accepted". I just took the time to "look up" the word and it definitely is in the dictionary even though not commonly used. Glen, K9STH
Website: http://k9sth.net From: Steve Kristoff skristof@etczone.com To: AMSAT BB amsat-bb@AMSAT.Org Sent: Saturday, April 18, 2015 10:08 AM Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
I'm neither an electronics engineer nor a lawyer, but I found Mr. Zook's message to be interesting. I think, maybe, he was just trying to make the point that these radios may have been "certificated" (can I now use that word in Scrabble?) by the lawyers and not be anyone in the FCC who knows technology. That seems to actually be in line with Mr. Bradford's comment that the FCC would not "consciously" allow such radios to be certificated. I assume that a conscientious (and "conscious") certification process would involve both technicians and lawyers.
This radio is capable of full-duplex operation, so it was of interest for FM satellite work. Unfortunately, as with most recent full duplex handheld transceivers, it desenses too much to be useful for full duplex satellite work on V/U satellites like SO-50.
73,
Paul, N8HM
On Sat, Apr 18, 2015 at 11:03 AM, Glen Zook via AMSAT-BB amsat-bb@amsat.org wrote:
Actually, why the original post? The fact that the FCC did something about a radio being imported for use in 47 CFR Part 95 radio services has absolutely nothing to do with the 47 CFR Part 97 Amateur Radio Service and, even more, with amateur satellites! Glen, K9STH
Website: http://k9sth.net From: Clint Bradford clintbradford@mac.com To: Glen Zook gzook@yahoo.com Cc: AMSAT BB amsat-bb@AMSAT.Org Sent: Saturday, April 18, 2015 9:53 AM Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
... Unfortunately, the FCC no longer is a technically inclined agency.
Your post has absolutely nothing to do with, well, anything to do with the original post. A seres of radios get snuck in through the certification process that are non-compliant with well-esablished rules. If you have been in the commercial and amateur radio businesses for more than a decade, you KNOW the FCC would never allow a single rig to operate on MURS, FRS at more than 500mW, and GMRS - along with commercial freqs. This is not a case of "bureaucracy" or "lawyers" gone wild.
Sent via AMSAT-BB@amsat.org. AMSAT-NA makes this open forum available to all interested persons worldwide without requiring membership. Opinions expressed are solely those of the author, and do not reflect the official views of AMSAT-NA. Not an AMSAT-NA member? Join now to support the amateur satellite program! Subscription settings: http://amsat.org/mailman/listinfo/amsat-bb
"certificated" is a term they adopted from the FAA. The FAA loves that word and sometimes even uses it in a sentence with certificatable.
Sorry for the further derail but it was just too tempting to pass up. John kn4ge
________________________________________ From: AMSAT-BB amsat-bb-bounces@amsat.org on behalf of Glen Zook via AMSAT-BB amsat-bb@amsat.org Sent: 18 April 2015 11:40 To: Steve Kristoff; AMSAT BB Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
The word, "certificated" actually appears in my copy of "Webster's New Universal Unabridged Dictionary" original copyright 1972. That is the "big" dictionary that used to, may still, sit on a special stand in a library. So, it can be used in Scrabble! However, I never heard the word until the FCC started using the term instead of the old "type accepted". I just took the time to "look up" the word and it definitely is in the dictionary even though not commonly used. Glen, K9STH
Website: http://k9sth.net From: Steve Kristoff skristof@etczone.com To: AMSAT BB amsat-bb@AMSAT.Org Sent: Saturday, April 18, 2015 10:08 AM Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
I'm neither an electronics engineer nor a lawyer, but I found Mr. Zook's message to be interesting. I think, maybe, he was just trying to make the point that these radios may have been "certificated" (can I now use that word in Scrabble?) by the lawyers and not be anyone in the FCC who knows technology. That seems to actually be in line with Mr. Bradford's comment that the FCC would not "consciously" allow such radios to be certificated. I assume that a conscientious (and "conscious") certification process would involve both technicians and lawyers.
_______________________________________________ Sent via AMSAT-BB@amsat.org. AMSAT-NA makes this open forum available to all interested persons worldwide without requiring membership. Opinions expressed are solely those of the author, and do not reflect the official views of AMSAT-NA. Not an AMSAT-NA member? Join now to support the amateur satellite program! Subscription settings: http://amsat.org/mailman/listinfo/amsat-bb
The revoking, etc., of certification of the radio has no bearing on its use in the amateur radio service. Since an amateur radio operator is allowed to construct, modify, etc., equipment for use on amateur radio frequencies, it is perfectly legal to use this radio in the Amateur Radio Service. It is also not illegal to own these radios nor to sell, etc., such a radio to another amateur radio operator. What is illegal is the commercial sale of these units. It is not illegal for an amateur radio operator to modify such a unit for use on amateur radio frequencies to trade in such a unit to an outlet that sells amateur radio equipment. It is also not illegal for such an outlet to sell the unit to another licensed amateur radio operator. Individual new units can be imported by a licensed amateur radio operator so long as the unit is to be modified for use on amateur radio frequencies. However, it is not legal for such a unit to be imported for use on frequencies other than amateur radio frequencies nor to sell, to someone else, in a unmodified condition. Of course, it is illegal for the individual unit to be used to transmit on any frequency on which certificated equipment is required. Basically, the import ban is concerned with acquiring the units which are to be sold, to anyone else, in an unmodified condition. If I remember correctly, there are provisions, in 47 CFR, that allows importing, by a single person, of up to 5-units for the purpose of conducting tests, etc., to determine the meeting of certification requirements. However, those units cannot be sold, to anyone else. They can be modified for use on amateur radio frequencies and be acquired by licensed amateur radio operators. However, they cannot be sold, to anyone, unmodified. Glen, K9STH
Website: http://k9sth.net From: Paul Stoetzer n8hm@arrl.net To: Glen Zook gzook@yahoo.com Cc: AMSAT BB amsat-bb@amsat.org Sent: Saturday, April 18, 2015 10:42 AM Subject: Re: [amsat-bb] AnyTone TERMN-8R Terminated by FCC
This radio is capable of full-duplex operation, so it was of interest for FM satellite work. Unfortunately, as with most recent full duplex handheld transceivers, it desenses too much to be useful for full duplex satellite work on V/U satellites like SO-50.
participants (5)
-
Clint Bradford -
Glen Zook -
John Floyd -
Paul Stoetzer -
Steve Kristoff