We often get folks on here who are interested in using a modified amateur radio transceiver on their department's or company's radio system. These questions are driven by different desires: the department/company didn't issue you a radio, the radios the department/company uses are expensive, you'd like to have a back-up radio, etc.
While these questions are genuine, they ignore one basic fact:
In the U.S. or anyplace where the U.S. Federal Communications System (FCC) regulates radio transmissions, transmitting with a radio that is not certified for that particular "Part" of the FCC's rules is a violation of the FCC's rules. For example, most police and fire agencies have licenses that fall under FCC Part 90. Here's a quote from Part 90:
Do people get caught violating this rule? Not often, but when they do get caught, the FCC often makes the person liable for fines into the thousands of dollars. If your department/company knows you are using a non-certificated radio and doesn't take action, they could also be fined or lose their license.
It's fairly common knowledge that many amateur radio VHF/UHF transceivers can be modified to transmit out of band. There are also transceivers being marketed towards the amateur radio market that come with out of band transmit capability right out of the box. But, the FCC's rules are pretty clear--the radio must be certificated under Part 90 to transmit in a Part 90 service.
Is it illegal to listen to Part 90 transmissions with an amateur radio? No.
Is it illegal to modify an amateur radio so it will transmit in Part 90? No.
Is it illegal to posses a modified radio? No.
Is it illegal to transmit with a modified radio? Yes.
While these questions are genuine, they ignore one basic fact:
In the U.S. or anyplace where the U.S. Federal Communications System (FCC) regulates radio transmissions, transmitting with a radio that is not certified for that particular "Part" of the FCC's rules is a violation of the FCC's rules. For example, most police and fire agencies have licenses that fall under FCC Part 90. Here's a quote from Part 90:
§90.203 Certification required.
(a) Except as specified in paragraphs (b) and (l) of this section, each transmitter utilized for operation under this part and each transmitter marketed as set forth in §2.803 of this chapter must be of a type which has been certificated for use under this part.
Do people get caught violating this rule? Not often, but when they do get caught, the FCC often makes the person liable for fines into the thousands of dollars. If your department/company knows you are using a non-certificated radio and doesn't take action, they could also be fined or lose their license.
It's fairly common knowledge that many amateur radio VHF/UHF transceivers can be modified to transmit out of band. There are also transceivers being marketed towards the amateur radio market that come with out of band transmit capability right out of the box. But, the FCC's rules are pretty clear--the radio must be certificated under Part 90 to transmit in a Part 90 service.
Is it illegal to listen to Part 90 transmissions with an amateur radio? No.
Is it illegal to modify an amateur radio so it will transmit in Part 90? No.
Is it illegal to posses a modified radio? No.
Is it illegal to transmit with a modified radio? Yes.