Rant mode...
I believe the issue at hand that the Commission is citing specifically was the
marketing of the feature that specifically puts it outside of compliance of Part 95.
While your XTS5000 may be capable of being programmed for GMRS and advanced encryption technologies, I fail to see the word "GMRS" and "Scramble or Encrypt" anywhere on the /\/\ product sheets.
As far as "remaining competitive", the same logic could be applied to a pharmacist that sells meth of the side to compete with illegal drug dealers - he simply *had* to sell something that is prohibited by law in order to stay in business. It simply doesn't work that way.
The GXT950 manual states how to use the scramble function, however, does not indentify where it is permissible (GMRS vs FRS). It also states in the details that it is a GMRS radio, not an FRS radio with GRMS capabilities.
Welcome to the world of Midland electronics
Congratulations on your purchase of a high quality MIDLAND product.
Your 2-way radio represents the state-of-the-art in high-tech
engineering.
Designed for GMRS (General Mobile Radio Service)
operation, this compact package is big in performance. It is a quality
piece of electronic equipment, skillfully constructed with the finest
components. The circuitry is all solid-state and mounted on a rugged
printed circuit board. Your two-way radio is designed for reliable and
trouble-free performance for years to come.
...
SETTING SCRAMBLER FUNCTION
Your GXT900/950 Series has a SCRAMBLER function that will change
the sound being transmitted; making it incomprehensible to other user
with different radios . This will to enable you to communicate privately
with other GXT900/950 with SCRAMBLER function.
To turn the SCRAMBLER function on, press the MENU button until the
display shows an “Sc” icon while on the right of the “Sc” display, an “of”
icon appears. Select “on” by pressing the buttons and push the PTT
key or MENU button.
To communicate properly using the SCRAMBLER function, both
radios’ SCRAMBLER function must be turned ON.
To turn the SCRAMBLER function off, press the MENU button until the
display shows an “Sc” icon while on the right of the “Sc” display, an “on”
icon appears. Select “of” by pressing the buttons and push the PTT
key or MENU button.
...
The rules apply evenly, whether it's the imported Weather Station that blasts back on a 2 MHz wide carrier in the middle of the 70 cm Amateur band, blister pack radios that fail to meet deviation specs by having a 20 khz occupied bandwidth, CBs masqueraded around as 10 meter mobiles at truck stops or these Midland radios that have a feature expressly prohibited from use on the GMRS band. It's just nice to _any_ of the rules being enforced; we don't get to choose which ones Fred's Chicken Corner takes a stab at.
Rant mode off