Why are kenwood,icom and yaesu radios not illegal

[74IN]

99 percent of ham radios offered on ebay are sold with no regard to whether the buyer is licensed or not so ebay is in violation of fcc rules and regs buy allowing ham radios to be sold without verification of the buyers licensing.

I sold mine like that, I'm a bad fishy.

Maybe it's genetic, I can't help myself. It isn't due to influence.

All hail Zod, 7/17/72-8/20/08

 

[mackmobile43]

I sold mine like that, I'm a bad fishy.

Maybe it's genetic, I can't help myself. It isn't due to influence.

All hail Zod, 7/17/72-8/20/08

Let the hot dog storm begin.

 

[jazzsinger]

This is not correct, according to the FCC. I think I posted a deposition transcript before regarding this. The FCC's position is that if any amateur radio is modified, the person modifying it becomes a "manufacturer" and is responsible for getting the radio certified before selling it, if the radio now transmits on a service that requires FCC certification. Here is a portion of the testimony of an "expert" for the FCC.

20 Q And then, it is your understanding that
21 if he modified the ICOM and it was now capable of

58


1 transmitting on CB, the regulations prohibit him
2 from selling that radio; is that correct?
3 A Yes.
4 Q Before he could sell it, he would have
5 to get it certified for every service it was
6 capable of transmitting on; right?
7 A Yes.

The basis of the FCC's position is found at 47 C.F.R. 2.909 which provides as follows: Subpart J Equipment Authorization Procedures - The following parties are responsible for the compliance of radio frequency equipment with the applicable standards: … If subsequent to manufacture and importation, the radio frequency equipment is modified by any party not working under the authority of the responsible party, the party performing the modification becomes the new responsible party.

which leaves the question i asked at the start why are all icom,kenwood and yaesu radios not illegal,they are easily modified for cb,they instantly fail certification once modified,bottom line is they are no different to ranger,galaxy,superstar,president or any other export radios with hidden frequencies.

am i the only one who sees a double standard here and persecution of the manufacturers of 10m monoband radios?

on and lets not kid ourselves the big three don't know exactly what is going to be done with those radios,they know exactly what they will be used for.

 

[Robb]

I think most Ham radios are easily modified for MARS use. But this is a consequence of design of the radio itself. One must ask them self 'just how far would the mfr have to go to make it unprofitable for someone to modify?' Any radio can be modified if they have the know-how and experience. Some are just easier than others to modify...

It just so happens, that some CBers have adopted them. Can't blame those CBers that use Ham rig for having a lack of spectral purity - just so long as they don't run a dirty linear behind it.

You can also modify a 2m radio for MARS use.
You don't any CBers trying to use a 2m radio...
:laugh:

 

[W5LZ]

I would suggest reading all of the rules, it might help understanding this stuff. The problem is a lack of understanding, in several areas. The rules for different services are different. In the amateur service a licensed operator is allowed to make modifications as long as they fall within certain specifications as to 'purity' and 'normal practices'. Other services are not all allowed to do that. An amateur is also allowed to sell that modified radio. There's no limit as to who they sell it to. There is a limit on how many of those things an amateur may legally sell per year without their status (individual doing construction, or a commercial enterprise) changing.
All this sounds like a bad case of "sour grapes" to me. (No idea why, and frankly I don't care why.) If the FCC is being 'paid off', I would imagine it would have to be a pretty sizable 'deal'. Tell me they wouldn't have been caught by now! Try a different approach, this one is 'old' and just not believable to start with.
- 'Doc

 

[74IN]

OMG, Jazzsinger, you expect government and it's entrenched bureaucracies to be fair?

While you are at it, try to find honesty, justice and peace.

They are just not in that type of business.

 

[Shioda]

which leaves the question i asked at the start why are all icom,kenwood and yaesu radios not illegal,they are easily modified for cb,they instantly fail certification once modified,bottom line is they are no different to ranger,galaxy,superstar,president or any other export radios with hidden frequencies.

am i the only one who sees a double standard here and persecution of the manufacturers of 10m monoband radios?

on and lets not kid ourselves the big three don't know exactly what is going to be done with those radios,they know exactly what they will be used for.

As I mentioned before, the problem with your post is you are assuming that the Galaxy, Connex and Ranger radios are illegal. They are not. Thus, there is no double standard.

 

[loosecannon]

the yaesu FT757GXII is modified with a switch located inside the radio.

 

[AudioShockwav]

As I mentioned before, the problem with your post is you are assuming that the Galaxy, Connex and Ranger radios are illegal. They are not. Thus, there is no double standard.

Agreed, The FCC lost this one because the are confused themselves`s about the definition of what is legal and what is not.....If I remember there were internal E Mails among FCC employees saying that if the kenwood/yaesu/icom/ radios where legal then the major exports were as well...... this got brought up in court the first round.
If I remember right, the Court fees had to be paid by the FCC and something about reprimanding someone for withholding information on the FCC end of things.

Shioda,
Was action brought against E Bay in this last issue on sales of exports?

73
Jeff

 

[Shioda]

Based on RCI 2970DX, Galaxy certified CBs and Connex 3300HP

 

[jazzsinger]

As I mentioned before, the problem with your post is you are assuming that the Galaxy, Connex and Ranger radios are illegal. They are not. Thus, there is no double standard.

i appreciate they are not illegal when unmodified,but as soon as its modified by your own post of the fcc rules they would need to be recertified by the person modifying it which would be impossible to obtain if containing export frequencies,its a very grey area of law,which the big 3 seem to exploit unhindered yet other companies/shops get dragged into long court battles over,makes a complete mockery of your laws.

here in the uk its not illegal to own any radio,be it modified or not (unless it has entered the country without import duty paid on it,which is a seperate issue dating back before the formation of the european union),the crime is using it outside legal bands which means all radios are treated the same and its the user who commits an offence,not the supplier,modifier or manufacturer.we can legally import transceivers from anywhere within the eu,thankfully all the major export spec importers are in france or germany,once inside the eu they can be moved freely to any member state.

as there is no shortage of dealers who have been prosecuted for selling modified export spec radios in the usa and you state those transceivers are not illegal shioda,surely they would have a claim against the fcc.i'm pretty certain many of those radios they were prosecuted for selling were ranger/connex and galaxy's amongst others.

 

[jeff48356]

Very simple. It is entirely legal for a licensed ham to modify his equipment any way in which he sees fit. It is completley illegal for a cb operator, who is not licensed, to modify his cb in any way.

Note, I did not say that the ham could use his radio outside of the bands allowed by his license class, only that he may modify it to do so if he wishes.

So why is it illegal for the ham to use his modified rig on 11M as long as he keeps the power output under 4 watts and uses an exact CB frequency? You don't need a license to operate on CB. And how would the FCC know whether he is using a regular CB radio or a modified HF rig with legal power output?

 

[AudioShockwav]

So why is it illegal for the ham to use his modified rig on 11M as long as he keeps the power output under 4 watts and uses an exact CB frequency?

Because Cb transceivers in the united states must be type accepted to be legal, and Ham radios are not type accepted for the CB service.

And how would the FCC know whether he is using a regular CB radio or a modified HF rig with legal power output?

Unless one is doing something very stupid like running the rig overmodulated, overpowered or out of band they "probably" would not........


73
Jeff