[amsat-bb] Re: Illegal - for U.S. - Commercial Equipment

Patrick STODDARD (WD9EWK/VA7EWK) amsat-bb at wd9ewk.net
Thu Jun 11 13:55:30 PDT 2009

Hi Clint.

> Wow .. sure have faced a bunch of hostility from "friends" here (grin).

Friends can disagree on different topics.  As for hostility, I
am only trying to get you to answer a question that you have
been avoiding.

> No one has cited any specific US/FCC Code on any aspect of the matter
> - except for me, of course.

I guess you're overlooking my repeated citations from Part 97 -
the two specifically related to HF/6m amplifiers requiring
certification before marketing/sale in the US, and all of the
technical requirements in Subpart D.  Remember that my
posts - and those of several others - came after your blanket
statement regarding the use of the non-certified commercial
radios by hams being illegal, without any offer of rules or
laws to back that up.

> I have a conference call set up for Tuesday with the FCC's OET and
> another department. We all can agree that "pure amateur radios" are
> exempt from Part 97 certification procedures. But I will be
> documenting - with facts and direct legal citations - whether or not
> U.S. hams can use non-certified commercial gear (HTs that cover
> 138-170 and/or 400-470) on the amateur bands in the U.S.
> I will not be reporting my findings here. I'll post it on my amateur
> site's blog. And  have been approached by two publications (well, two
> print mags and one online mag) to write an article on this, which is
> in the works.

Since you made the blanket statement that the use of the non-
certified gear by hams is illegal, please let us know at least when
you post that on your blog.

I saw your other post about some rules. Again, most of your citations
avoid the matter of using the radios - they deal with the import and
marketing of them.  One that seems to cut to the heart of your
argument related to the import of these radios is found in 2.1204(a)(7):

(a) Radio frequency devices may be imported only if one or more of
these conditions are met:

... (skipping 1 through 6 - see them all at the link below)

(7) Three or fewer radio receivers, computers, or other unintentional
radiators as defined in Part 15 of this chapter, are being imported
for the individual's personal use and are not intended for sale.


This appears to allow us to order up to 3 of these radios from
overseas, as long as we are not going to sell them.  This seems
to be the way hams (and others) are getting these non-certified
radios - and the way that California guy was busted by the FCC
for selling those radios through his eBay page.  I know that some
have used this rule - loophole? - to get wide-band VHF/UHF
receivers from non-US shops that do not have the FCC-mandated
gaps in reception at 800 MHz for many years.  One Toronto radio
shop used to have a section on their web page specifically
related to selling those non-FCC-certified receivers to those
living in the US.



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