Rugged Radios finally gets an FCC Smack-Down

[buddrousa]

Not when it is sold preprogrammed and not FCC approved.

 

[bill4long]

The thing to consider is that the FCC regulations are pretty clear regarding use of transmitters. One can buy all the radios they like, but the liability does not fall upon Motorola, Icom, Midland, or the sellers of such gear. It is the end user who is responsible for the RF output, once the mike is keyed.

Rugged Radio tells their customers they can use business band frequencies under the auspices of Rugged Radio's license. Not legal. The end user is not legally transmitting in this case, but most of them are acting in good faith based on RR's bogus "permission."

Disclaimer: my opinion - IANAL.

 

[SuperG900]

Will need to keep an eye on this topic - it's always interesting to see what a cheater like Rugged Radios gets in the end. Pass the popcorn.

 

[mmckenna]

The thing to consider is that the FCC regulations are pretty clear regarding use of transmitters. One can buy all the radios they like, but the liability does not fall upon Motorola, Icom, Midland, or the sellers of such gear. It is the end user who is responsible for the RF output, once the mike is keyed.

You should probably brush up on your Part 90 rules. Rugged Radios (and the others like them) have knowingly violated 90.427(B) on probably tens of thousands of occasions. Fines should be levied appropriately:

§90.427 Precautions against unauthorized operation.
(a) Each transmitter shall be so installed and protected that it is not accessible to or capable of operation by persons other than those duly authorized by and under the control of the licensee. Provisions of this part authorizing certain unlicensed persons to operate stations, or authorizing unattended operation of stations in certain circumstances, shall not be construed to change or diminish in any respect the responsibility of station licensees to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations and transmitter units in accordance with the terms of the licenses of those stations.

(b) Except for frequencies used in accordance with §90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.

 

[SuperG900]

You should probably brush up on your Part 90 rules. Rugged Radios (and the others like them) have knowingly violated 90.427(B) on probably tens of thousands of occasions. Fines should be levied appropriately:

§90.427 Precautions against unauthorized operation.
(a) Each transmitter shall be so installed and protected that it is not accessible to or capable of operation by persons other than those duly authorized by and under the control of the licensee. Provisions of this part authorizing certain unlicensed persons to operate stations, or authorizing unattended operation of stations in certain circumstances, shall not be construed to change or diminish in any respect the responsibility of station licensees to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations and transmitter units in accordance with the terms of the licenses of those stations.

(b) Except for frequencies used in accordance with §90.417, no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized.

I read -

It means you can't simply sell someone a radio to use on your (alleged) own frequencies and expect to be immune from any suits based on those customers behavior. You can't subrogate your responsibility here. Probably a good fraud suit in here somewhere... IANAL though

 

[MTS2000des]

That part. And this is what constitutes fraud and misleading practices which opens these slime buckets to consumers demanding recourse, which they should.

I don't blame the victim for wearing too short a dress or revealing shirt. The consumer who acts in good faith and gets taken deserves their money back for these road apple radios.

They deserve to be put out of business. The authority having jurisdiction has spoken. Let's see if they do the honorable thing...holding my breath...just like Anytone Tech. (let's see, been 5 years and counting and still now new FCC approval. All those who bought what they were told were "one radio legal to use on all three services" got taken)

 

[mmckenna]

I read -

It means you can't simply sell someone a radio to use on your (alleged) own frequencies and expect to be immune from any suits based on those customers behavior. You can't subrogate your responsibility here. Probably a good fraud suit in here somewhere... IANAL though

Other radio shops have been busted by the FCC for programming frequencies into radios that the users are not licensed for. The radio shop was the one that got busted.

Some of the business frequencies that these companies program in are licensed to specific off road product manufacturers for their own race teams to use. Rugged Radios, and the like, have been selling radios to users with these frequencies programmed in without approval from said manufacturer. Unknowing (read: stupid) consumers assume it's OK to use them.

I've run into a few guys on the trails that use radios for Rugged Radios, Racing Radios, PCI, etc. They have zero clue what they are using, and will happily tell you "it's OK because the guy who sold me the radio said I could".

The "Weatherman" channel is a whole 'nuther mess. A U.S. itinerant frequency used by someone for a race in Mexico. Off roaders running 100 watt mobile rigs with no license and no discipline. But at least it's an itinerant.

 

[KK6ZTE]

Other radio shops have been busted by the FCC for programming frequencies into radios that the users are not licensed for. The radio shop was the one that got busted.

Some of the business frequencies that these companies program in are licensed to specific off road product manufacturers for their own race teams to use. Rugged Radios, and the like, have been selling radios to users with these frequencies programmed in without approval from said manufacturer. Unknowing (read: stupid) consumers assume it's OK to use them.

I've run into a few guys on the trails that use radios for Rugged Radios, Racing Radios, PCI, etc. They have zero clue what they are using, and will happily tell you "it's OK because the guy who sold me the radio said I could".

The "Weatherman" channel is a whole 'nuther mess. A U.S. itinerant frequency used by someone for a race in Mexico. Off roaders running 100 watt mobile rigs with no license and no discipline. But at least it's an itinerant.

It'll be interesting to see what happens to someone like CalPortland who has an FCC license for a different band but instead uses Rugged's mobiles on "Rugged" frequencies. Seems like it would be a whole lot worse than just some jo-shmo who doesn't know anything.

 

[SuperG900]

Anytone Tech - Oof - the first very first time I came across their website I immediately noticed a bad smell... (I was doing research on the AT-878UV at that moment - of course they don't sell those...)

Anybody who's selling you gear while appearing (attempting?) to be the OEM, and names their stuff TERMN-8R... Well, that's just too much *stink* for me.

If I want a "Baofeng" type radio - I'll just buy a Baofeng radio. Why would I deal with some chickenboner slapping labels on imports and running his business from the kitchen table?

2cts..

 

[FFPM571]

The people buying these radios are not radio people... they are average Joe's looking for something to talk on. They marketed the off road clientele. The marketed the S.... out of them on specialty websites and groups. They dont know or care that they are on frequencies they dont belong on because the seller said it was ok...

 

[chrismol1]

The people buying these radios are not radio people... they are average Joe's looking for something to talk on. They marketed the off road clientele. The marketed the S.... out of them on specialty websites and groups. They dont know or care that they are on frequencies they dont belong on because the seller said it was ok...

Which would be an excellent market for FHSS radio like the DTR and alike, maybe some baoturd can figure that out, so simply program your teams "code" and as another selling point they can claim FHSS is "encrypted" from scanners.... ohhhhh ahhhhhh

 

[mmckenna]

Issue is most of the people using these radios have a couple of things going on:
1. They don't care.
2. They don't care that anyone thinks they should care.
3. They still don't care.
4. The guy on the internet told them it was OK, and that's good enough for them.
5. Many of them are constantly riding around with a imaginary race going on in their heads. Just like the kids in the souped up Hondas buzzing around on Friday night. They think that they'll make it big and they'll get to use their radios in a real race.
6. They are intently focused on getting the most power out of everything they can. That includes the radios. That is exactly why these companies were marketing 100 watt radios to them.
7. They are not going to do what the big-bad government tells them to. Unfortunately there is a group of OHV users that will tear up private property and protected areas and not care, making all OHV users look bad. They don't care.
8. They. Do. Not. Care.
9. Take away Rugged/Racing/PCI Radios and they'll just find another source. Retired 100 watt commercial radios. Used trunking radios.
10. Many of these guys are running around with 100 watt radios with the antenna a few inches from the riders heads. See #1.

I'm glad to see the FCC finally picked one of these companies and opened a can of slap-down on them. I hope they continue the process and bust the other companies.

I doubt we'll ever see the FCC go after the average user. Just too much work.

 

[mmckenna]

11. Most of them have the radio bungee-corded down, maybe add a few ty-wraps to keep it really secure.
12. Power is pulled off some random circuit under the dash. Usually a lighter plug is involved.
13. They can't even spell SWR, never mind tell you what it is or why it's important.
14. Tuning the antenna is a rare event, and usually done with a $15 SWR meter off Amazon.
15. They have 20 feet of coaxial cable bundled up behind the dash since they don't know how to terminate cable.
16. Lots of electrical tape!

I've run into these guys on the trails. They have no idea what they are doing, and just rely on the internet sales guy to tell them what to do. It's a shame, the RR radios are very overpriced and they could do so much better if they took the time to research things.
But we know that'll never happen.

 

[nd5y]

Now they have their own FCC grantee code with one product.
Looks like they got that on 11/17 and the first product was granted on 11/26.

https://fccid.io/2AWYH-GMR5-MOB

 

[SirJ]

I'm really surprised these chinco radios haven't started making p25 radios.

I'd never buy one

 

[AK9R]

Yeah, the companies that cater to the off road racing community are hopefully on notice now.

Hopefully, the off-road racing sanctioning bodies and promoters get wise, too, and encourage their participants to purchase equipment from reputable suppliers.

 

[SirJ]

Hopefully, the off-road racing sanctioning bodies and promoters get wise, too, and encourage their participants to purchase equipment from reputable suppliers.

Or use cb radios like we did back in the day when off roading, campin

 

[ladn]

Hopefully, the off-road racing sanctioning bodies and promoters get wise, too, and encourage their participants to purchase equipment from reputable suppliers.

Good thought, but probably not gonna happen. Based on photos and videos I've seen, RR has a large presence at major events.

The flip side is that "off roading" is an extremely popular, family activity. I was out last month (in a 4 x 4) and saw more side by sides than I ever have. Most of them had VHF antennas. These weren't part of any organized event, they were just folks with a lot of disposable income having fun out in the desert. While I was waiting for one of my group to catch up, I asked one of the Razor drivers what channel his group was on and he replied with one of the race radio named channels.

 

[KK6ZTE]

Now they have their own FCC grantee code with one product.
Looks like they got that on 11/17 and the first product was granted on 11/26.

https://fccid.io/2AWYH-GMR5-MOB

That looks like it's under part 95 for GMRS and listen only on VHF/UHF.

RR has a lot of groupies around here (Pismo Beach area). They're die hard fans and you usually see rolling coal go with them. As a wise member said, THEY DO NOT CARE. In fact, this would probably make them more likely to buy from RR.

 

[N4GIX]

Carry around a Bao Feng radio and show it to those losers. "Gee, that looks just like my radios!" they'll say.

"Well it is identical," you reply, "but only costs about $20 from Amazon. How much did your's cost?"