Steve-
Among the considerations, is whether a radio has been certified for sale and use under any particular FCC "Part". For instance, if it is not certified for Part 90 or Part 97, no vendor may advertise it for use in that service. The FCC could make some easy money by looking at the many ads for "FRS" radios and "ham" radios and simply slapping $10,000 fines on all the sellers, when those radios have never been certified for use and sale in these services.
If the radio IS certified, the maker bears the brunt of the responsibility for "emissions" and other problems. If the radio is USED by a ham radio operator? The operator is responsible for all problems, but the FCC will generally recognize the difference between "my radio has gone out of adjustment" and "I bought some uncertified stuff and made my own radio". In which case, the ham is 100% responsible for it.
In the case of a Chinese radio that has never been certified and approved for sale as a ham radio in the US? The ham is 100% responsible for technical compliance.
So, who is responsible depends on using, versus selling or marketing, versus which service is involved.
Generally an FRS radio must be physically restricted to 500mW effective output power, and since removing the stock antenna and replacing it with a directional gain antenna could change the effective output? There's no way a radio with a removable, replaceable antenna, is going to be certified for use and sale as an FRS radio, as I understand it. Which comes back to the fact that all those ads saying these radios can be used for FRS, is an actionable violation as well.
"Fortunately" the FCC's enforcement operations have been really lax, since probably the 60's. They prefer to make their money with megabuck airwave auctions and not waste their time on $10,000 ones. [sic]
Unless someone makes a specific complaint, and prods them into reluctant action.
dm-
If your paintball action is in a regular place, operated by a business?
You could always suggest to them, that they get a license for some type of business/commercial radio, and then either allow customers to operate under their license during activity, or actually make some money renting extra radios during activity. I don't know what you'd consider reasonable and affordable, maybe five or ten bucks per radio per day would be enough to motivate them, considering they can buy "obsolete" but perfectly good commercial ht's like the old Motorolas for $100 a piece. And those are damned rugged radios.
You may have more options than you might think.
Glad to help out.
