• To anyone looking to acquire commercial radio programming software:

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Discussion: FCC Advisory on Two-Way VHF/UHF Radios

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kayn1n32008

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But hams should understand and not be afraid, even though a Baofeng UV-5R is not Part 90 certified (and thus illegal to import, market and sell since it covers Part 90 frequencies), they are NOT illegal to use by hams as long as they conform to 97.307 emission standards, and do not cause harmful interference to other services. So to you hams, don't go tossing out your radios just because they were illegally imported and sold.


They likely do NOT meet spectral purity requirements if they don’t have type acceptance. Throw them out.



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kayn1n32008

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Part 90 type acceptance requires that they’re not field programmable IIRC. That is a fairly big problem for amateurs.



How so? I have lots of LMR gear that is not field programmable. Never been an issue for me.


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KK4JUG

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Part 90 type acceptance requires that they’re not field programmable IIRC. That is a fairly big problem for amateurs.

When I'm on the road, I always carry a small computer for field programming, if necessary.

You may be referring to FRS. They can't be programmable nor can they have detachable antennae.
 

bill4long

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Part 90 type acceptance requires that they’re not field programmable IIRC. That is a fairly big problem for amateurs.

Never been a problem for me since I don't field program any Part 90 radios that I own. If I needed to, I would just bring along my laptop.
 
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I thought amateur radios required no FCC acceptance testing. That’s why you can build a crustal radio on a bread board and get on the air with it. It’s up to you as the knowledgeable radio amateur to make sure your radio isn’t splattering all over the bands.
 

n3zra

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I agree. I was replying to the assertion that lacking Part 90 means they’re likely not suitable for amateur use.


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Part 90 has not a thing to do with amateur radio. All the radio has to do is meet good engineering practices and the emissions allowed under part 97.

As a licensed Extra Class operator (I add that only to illustrate my operation privileges), I can build a transmitter that will transmit anywhere on the amateur spectrum and as long as it complies with part 97, there is no laws broken. Part 90 and 97 are like apples and oranges.

I will say this, 99% of the commercial amateur gear is built to the part 90 specs, just because it is only a firm ware setting that differentiates amateur from part 90.
 

AK9R

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I thought amateur radios required no FCC acceptance testing.
That is true. There is no requirement in Part 97 for FCC certification except for RF amplifiers that can operate on the 12 and 10m bands.

Many amateur radios are FCC certificated under Part 15 which is a catch-all for various RF receivers and emitters. For example, if an amateur radio transceiver has the ability to scan a range of frequencies or a selection of memory channels, then it must be FCC certificated as a radio scanner.

That said, 97.307 does contain very specific emission standards that amateur radio transmitters are expected to meet and the FCC trusts amateur radio operators to adhere to that rule. In my experience, many of the "cheap, Chinese radios" do not meet 97.307, but the FCC trusts us to not use them. <wink>
 

INDY72

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Real facts: Motorola, iCOM, etc hands over huge wads o cash... FCC put lips to butt. End of story.
 

MTS2000des

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Real facts: Motorola, iCOM, etc hands over huge wads o cash... FCC put lips to butt. End of story.
Bull. Prove it. As usual, some outsider makes innuendos and allegations against legitimate companies who have been in business for decades and those companies FOLLOW THE LAW and submit legitimately tested and vetted products to LEGITIMATE testing laboratories for LEGITIMATE certifications because they are LEGITIMATE businesses with reputations to protect and don't want shoddy turds making spurious emissions causing interference to other radio users and services.

If you have PROOF that said vendor is "handing over huge wads o cash" then put up or shut up. Enough of this dribble.
 

KK4JUG

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Bull. Prove it. As usual, some outsider makes innuendos and allegations against legitimate companies who have been in business for decades and those companies FOLLOW THE LAW and submit legitimately tested and vetted products to LEGITIMATE testing laboratories for LEGITIMATE certifications because they are LEGITIMATE businesses with reputations to protect and don't want shoddy turds making spurious emissions causing interference to other radio users and services.

If you have PROOF that said vendor is "handing over huge wads o cash" then put up or shut up. Enough of this dribble.

It must be true. I saw it on the Internet! :)
 

K7MFC

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Real facts: Motorola, iCOM, etc hands over huge wads o cash... FCC put lips to butt. End of story.

Since you stated this as fact:

zONV2R7.png
 

ipfd320

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Here is a Little Excerpt to Milfs Claim--*(Maybe)*--*(NOTE Footnote 4)*
In the FCC Order

What Should You Know?

Anyone importing, advertising or selling such non-compliant devices should stop immediately, and anyone owning such devices should not use them. Violators may be subject to
substantial monetary penalties.{3}

The Bureau has noted an increase in the manufacturing, importation, advertising, and sale of two-way
VHF/UHF radios that are not authorized in accordance with the Commission’s rules.{4}

Generally, electronic devices that intentionally emit radio waves are required to be certified by the FCC or an authorized third-party certification entity (Telecommunications Certification Body) prior to importation, advertising, sale, or use.{5}

Two-way VHF/UHF radios require FCC certification to show compliance with
our rules, unless they qualify for a limited exception
(see Amateur Radio Exception, below, and Federal government exception at footnote 4).


Here is the Footnotes

{3}-- See, e.g., Amcrest Industries, LLC, d/b/a Baofengradio.US, Citation and Order, DA 18-801 (EB-SED Aug. 1,2018) (issuing citation); Pilot Travel Centers, L.L.C., Notice of Apparent Liability, 19 FCC Rcd 23113 (2004) (Pilot NAL), Order and Consent Decree, 21 FCC Rcd 5308 (2006) ($90,000 settlement); CB Shop & More, LLLP Loveland, Colorado, Forfeiture Order, 23 FCC Rcd 4688 (EB-WR 2008) (imposing $7,000 forfeiture); Love’s Travel Stops and Country Stores, Inc. Oklahoma City, Oklahoma, Forfeiture Order, 21 FCC Rcd 10798 (EB-SCR 2006) (imposing $25,000 forfeiture).


{4}-- See, e.g., Letter from David Smith, President, and Mark Crosby, Secretary/Treasurer, Land Mobile
Communications Council, to Michael O’Rielly, Commissioner, FCC at 2 (June 7, 2018) (stating that the
“distribution of non-compliant radio devices . . . reaches 1,000,000 units annually.”),
http://lmcc.org/wpcontent/uploads/2018/06/LMCC-Letter-ORielly-re-NonComDev-060718.pdf.


{5}-- 47 CFR §§ 2.803, 2.805, 2.907, 15.201. The equipment authorization rules apply to the manufacture, import, sale,offer for sale, shipment or use of devices capable of emitting radio frequency energy. See 47 U.S.C. § 302a(b).

These rules apply to all radio frequency equipment advertised or sold to non-Federal U.S. customers regardless of the equipment’s origin, including equipment manufactured overseas and imported for subsequent sale to non-Federal U.S. customers or shipped directly from overseas to non-federal U.S. customers.

These rules do not apply to equipment used by Federal Government agencies. See 47 U.S.C. § 302a(c), 47 CFR § 2.807(d).
 

mule1075

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Here is a Little Excerpt to Milfs Claim--*(Maybe)*--*(NOTE Footnote 4)*
In the FCC Order
Really no need to copy and paste the whole order. A link would have been sufficient. I will more than likely get a infraction for pointing this out. But again a link I think would have been sufficient.
 
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MTS2000des

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KevinC

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proves absolutely nothing. Until someone can show where an actual contribution changed hands, it's all someone's unfounded allegation. Allegations like this seem to be popular these days. Because someone says something, it MUST be true.

Did you actually look at the web page? :wink:
 
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