Is it legal...?

[tvdxer]

For an American to sell a used ICOM IC-R7000 wideband receiver (without cell blocking, considering the age)?

I'd like to auction mine off (I bought it used myself, although it's in near perfect condition), but want to make sure of the legality?

 

[car2back]

I bought a UBC-3300 (a European BC250D with the cell band unblocked) off fleabay.. the seller was in Great Britan... not sure on the legality of it, but I haven't had any problems then or since.

BTW, anyone thinking about getting a UBC, get a 250D and save the extra $$ it costs. I wish I had.

 

[iMONITOR]

For an American to sell a used ICOM IC-R7000 wideband receiver (without cell blocking, considering the age)?

I'd like to auction mine off (I bought it used myself, although it's in near perfect condition), but want to make sure of the legality?

Yes, it is perfectly legal to sell in the U.S. However, if using eBay, they may stop the auction due to their policies.

You could also post it here on RR, for sale.

 

[hotdjdave]

If I am not mistaken, the FCC only prohibits the manufacturing for sale in the US market of receiving devices that are capable of receiving the cellular band frequencies or a device that can be altered or modified to do so.

 

[N_Jay]

I was under the impression, that it was illegal to;
Manufacture for sale,
import,
offer for sale,
or sell.

I could be wrong.

 

[N9JIG]

For an American to sell a used ICOM IC-R7000 wideband receiver (without cell blocking, considering the age)?

I'd like to auction mine off (I bought it used myself, although it's in near perfect condition), but want to make sure of the legality?

Since this radio was built before the ECPA prohibited it then the radio is legal to own, sell and use. Obviously it is still illegal to use it to tune cell freqs with it.

eBay will occasionally pull ads on these since they are capable of receiving cell freqs even though the radio is legal to own and sell.

 

[iMONITOR]

I was under the impression, that it was illegal to;
Manufacture for sale,
import,
offer for sale,
or sell.

I could be wrong.

It's my understanding that models of scanners, and communications receivers that were manufactured prior to the cell-block are grandfathered in, and therefore exempt from the restriction. Similar to the law regarding assault rifles, and high capacity magazines, when it was in effect. If the design was legally available in the U.S., for sale to John Doe consumer, prior to the ban, then it is still legal to own, or re-sell. This does not include receivers restricted to Government agencies such as the Icom IC-R9000, and the IC-R8500-12.

However, it is illegal to modify any scanner, or communications receiver to receive the cellular band, even if it was manufactured prior to the ban. An example is Radio Shack's PRO-2006. If it has the blocking diode, and you remove it, technically you are breaking the law. I would assume owning any scanner modified to receive cellular, even if you didn't do the modifications yourself and just bought it that way, would also be illegal.

Another gray area in the law is importing. When the ban of un-blocked scanners was started there was a loophole regarding importing. Importing was defined as someone who imports the un-blocked, banned scanners in quantity with intent to re-sell. I believe at that time the loophole was that an individual could still buy "one" for his personal use, without breaking the law.

There could be numerous revisions over the years that I'm not aware of, but this is what I remember. I'll try to find documentation to support this, and under no circumstances consider this post to be legally accurate. I could be wrong too!

 

[davidd2957]

Unblocked scanners are sold in the USA all day long. You can find them on Ebay and even here on RR.com, so don't Make a Mountain out of a Molehill.
David D.

 

[iMONITOR]

Unblocked scanners are sold in the USA all day long. You can find them on Ebay and even here on RR.com, so don't Make a Mountain out of a Molehill.
David D.

I don't think anyone here tried to do that. We're simply trying to answer tvdxer's question to the best of our ability.

I wouldn't want to take on the liability of telling him it's ok to do something if it isn't. This question comes up often on RR, and people need to be aware of things so they can make their own decision.

 

[N_Jay]

I don't think anyone here tried to do that. We're simply trying to answer tvdxer's question to the best of our ability.

I wouldn't want to take on the liability of telling him it's ok to do something if it isn't. This question comes up often on RR, and people need to be aware of things so they can make their own decision.

Thank you.
So many people forget that "common" does not mean "legal"!

 

[N4DXX]

Thank you.
So many people forget that "common" does not mean "legal"!

Not illigal to own just illigal to sell but happen's everyday

 

[N4DXX]

Unblocked scanners are sold in the USA all day long. You can find them on Ebay and even here on RR.com, so don't Make a Mountain out of a Molehill.
David D.

I agree

 

[bassmkenk2508]

i dont know the specs of the icom radio your are referring to but, I have seen a trend on ebay for the radios that are 'unblocked'.

something to the affect of:
" RX: 30 MHz - 3000 MHz continuous, no gaps "
of course substituting the proper freqs and denoting appropriate gaps, if any.

this could keep an ebay admin from finding your auction if he/she searches for terms like "cell" and "unblocked"

just saying this as something i have noticed....

 

[kb2vxa]

Hi guys,

This will either lay the baby to rest or stir up a hornet's nest depending on how argumentative you are.

Receivers sold before the mandate are "exempt" because those sold after are the only ones affected. Der Gestapo never went house to house collecting radios in this country at least. Does this make sense?

Anything and everything is for sale on e-Bay, take one look at all the illegal CB crap. I wouldn't be surprised if Saddam bought his WMDs on e-Bay.

Frankly I wouldn't bother mentioning"cell unblocked" not for fear of liability or e-Bay pulling the ad, it's simply not a selling point. Just something worth mentioning, you'd be hard pressed to find an analog unencrypted 800MHz cell phone transmission these days, I doubt the equipment still exists. See why I don't consider "cell unblocked" a selling point?

 

[bassmkenk2508]

See why I don't consider "cell unblocked" a selling point?

i do. it is not an ethical/moral selling point.

anyone who does their research will see that trying to monitor cellular telephone transmissions is just gonna spit a bunch of digital 'nonsense' out the speaker :lol: .

i could go on, but it would wander off subject and just go into talking about cell transmissions in general

but, in summary, one could unethically deceive a buyer..... or the buyer could just not research the idea for their benefit before assuming they could hear an interpretable conversation

i also agree with the general idea that cell unblocked receivers are out there in a fair number on ebay and the like. goes back to researching. thus, promoting "cell unblocked" terms doesn't make much of a competition to the smart buyer.

 

[kb2vxa]

Hi Bass and all,

You may not be argumentative (that's arguable) but you sure are pedantic. (;->)

 

[jonny290]

Who cares about unblocked radios, anyways?

Analog is only used in some areas for roaming. Phones are all digital these days.

Repeal that stupid ECPA! It's a law that has been made plainly obsolete by the advance of GSM and TDMA/CDMA phones.

 

[hotdjdave]

Repeal!!! Repeal!!!

Who cares about unblocked radios, anyways?

Analog is only used in some areas for roaming. Phones are all digital these days.

Repeal that stupid ECPA! It's a law that has been made plainly obsolete by the advance of GSM and TDMA/CDMA phones.

I agree. Sometimes laws (in this case, rules) outlive their usefulness or become obsolete and archaic.

 

[hotdjdave]

you sure are pedantic. (;->)

Hey, I resemble that remark............................................sometimes. :lol:

I know you weren't referring to me.

 

[n4voxgill]

TITLE 18 > PART I > CHAPTER 119
CHAPTER 119—WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
1) Except as otherwise specifically provided in this chapter, any person who intentionally—
(a) sends through the mail, or sends or carries in interstate or foreign commerce, any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications;
(b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or
(c) places in any newspaper, magazine, handbill, or other publication or disseminates by electronic means any advertisement of—
(i) any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; or
(ii) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire, oral, or electronic communications,
knowing the content of the advertisement and knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce,
shall be fined under this title or imprisoned not more than five years, or both.