... 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?
Some random - but pertinent - citations ... 47 U.S.C. § 302(b) of the Act provides that "[n]o person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section."
Section 2.803(a)(1) of the Rules provides that "[e]xcept as provided elsewhere in this section, no person shall sell or lease, or offer for sale or lease (including advertising for sale or lease), or import, ship or distribute for the purpose of selling or leasing or offering for sale or lease, any radio frequency device unless in the case of a device subject to certification such device has been authorized by the Commission . . . ."
Radio transceivers operating in the 136 MHz - 174 MHz and the 400 MHz - 470 MHz bands are subject to the equipment certification process and must be certified and properly labeled prior to being marketed or sold in the United States.
47 U.S.C. § 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. I will dig up my notes from a conversation with Bll Cross later n the week.
Clint, K6LCS
To ALL, As an Amateur Radio Operator I can modify any radio for Amateur Radio operation, or build one from parts new or used. I can place in operation any radio that I determine will not cause interference to other services and will meet the requirements of FCC part 97.
If a radio is sold for commercial purposes and is type accepted anyone can purchase it and if they are a licensed Amateur Radio Operator, operate it on the Amateur bands. This is done on ships and aircraft every day and has never been challenged to my knowledge. Commercial FCC licensed bands require that type accepted equipment for that service must be used.
Art, KC6UQH
-----Original Message----- From: amsat-bb-bounces@amsat.org [mailto:amsat-bb-bounces@amsat.org] On Behalf Of Clint Bradford Sent: Wednesday, June 10, 2009 9:33 PM To: amsat-bb@amsat.org Subject: [amsat-bb] Re: Commercial Imports
... 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?
Some random - but pertinent - citations ... 47 U.S.C. § 302(b) of the Act provides that "[n]o person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section."
Section 2.803(a)(1) of the Rules provides that "[e]xcept as provided elsewhere in this section, no person shall sell or lease, or offer for sale or lease (including advertising for sale or lease), or import, ship or distribute for the purpose of selling or leasing or offering for sale or lease, any radio frequency device unless in the case of a device subject to certification such device has been authorized by the Commission . . . ."
Radio transceivers operating in the 136 MHz - 174 MHz and the 400 MHz - 470 MHz bands are subject to the equipment certification process and must be certified and properly labeled prior to being marketed or sold in the United States.
47 U.S.C. § 503(b) of the Act provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. The term "repeated" means the commission or omission of such act more than once or for more than one day. I will dig up my notes from a conversation with Bll Cross later n the week.
Clint, K6LCS
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Hi Clint.
>> ... 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?
(Clint cited 47 USC 302(b), Seciton 2.803(a)(1) of FCC Rules, and 47 USC 503 (b) related to the import/distribution/sale of non- certified radios, plus a quote about radio transceivers in 136-174 and 400-470 MHz that was not part of any FCC rule or US law)
I will dig up my notes from a conversation with Bll Cross later n the week.
Thanks for not answering my question which you referred to in this post. You cite several sections that relate to the import and sale of this gear, but not related to using it.
Who in the US is selling/marketing Jingtong, FDC, and other non- certified radios? Certainly not HRO, AES, etc. Not in the ham magazines here. FCC enforcement appears to be geared toward those who sell many of these radios, like with the "10-meter" radios. The "Radio transceivers operating in the ... " part is not actually in any rule. That was part of a 2006 FCC decision against a California guy who was importing and selling these radios on eBay:
http://www.fcc.gov/eb/FieldNotices/2003/DOC-268422A1.html
Again, this is not related to my question about the *use* of these radios. This was the case of a stateside "shop" that was importing these radios, which clearly is a violation of the rules you cited and within the explanations of the terms "willful" and "repeated" as you posted.
You are welcome to take another try at answering my question about the *use* of these radios. Maybe your notes from that conversation with Bill Cross will shed some light on that - even if that conversation is just Bill's opinion, and not necessarily the opinion of the FCC. I have never seen an FCC rule or decision that says hams are not allowed to use non-certified gear, whether it is made for the ham market or a radio meant for commercial two-way use modified or programmed for use on ham frequencies or a non-certified radio. Part 97's technical requirements would need to be met for the gear, as well as the operator using the radio within the bounds of his/her license.
73!
Patrick WD9EWK/VA7EWK http://www.wd9ewk.net/
participants (3)
-
Art McBride -
Clint Bradford -
Patrick STODDARD (WD9EWK/VA7EWK)