[amsat-bb] Re: Commercial Imports

Art McBride kc6uqh at cox.net
Wed Jun 10 22:23:33 PDT 2009

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. 


-----Original Message-----
From: amsat-bb-bounces at amsat.org [mailto:amsat-bb-bounces at amsat.org] On
Behalf Of Clint Bradford
Sent: Wednesday, June 10, 2009 9:33 PM
To: amsat-bb at amsat.org
Subject: [amsat-bb] Re: Commercial Imports

 >> ... Now on to using these radios.  Clint - since you have been  
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  

Clint, K6LCS

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