[amsat-bb] Re: Commercial Imports

[Patrick STODDARD (WD9EWK/VA7EWK)]

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/