You can get a Baofeng for about $30. it operates over two pretty wide frequency ranges with about 5 watts of power. You don't have to provide any kind of proof of licensing to get one, as far as I know, So, what is to prevent millions of folks from getting them and just talking where ever they wanted?
Don't forget about the 50 watt mobiles....
No proof of licensing required to purchase, only to operate.
There is no method in place to stop the average Joe from buying these and using them where ever they want. Since they can be purchased on any number of websites and shipped from any where in the world, it's not a door that can be easily closed.
The issues are multiple:
-They come "pre-programmed", and this is often where they get used. Consumers that don't know any better just turn the on and start talking. After all, "the website said it was OK". As you know, if it's on the internet it's true.
-Some end users just program in random frequencies. Attitude is that the FCC is overwhelmed and they won't get caught. After all, the attitude of many people out there is that "it's only illegal if you get caught". Just sit by a 4 way stop and see how many people run it.
-A small faction of amateur radio operators are under the incorrect ASSumption that their amateur radio license gives them full unrestricted transmitting access on every single frequency from DC to visible light. After all, they are now experts after passing a 35 question multiple choice test.
-Many people just don't care.
-Since they are so cheap, they are viewed as toys by many consumers. If it's a toy, they give it to their kids.
Since they aren't required to be type accepted, there is little the FCC can do to stop them being sold. Speaking of which, why aren't they restricted to ham frequencies only? I dont recall them even being advertised as ham radios. I think I got mine off Amazon. Just how do they manage to keep being sold?
They ARE required to be type accepted.
Even mass produced amateur radios require a Part 15 certification on the receiver. That includes the receivers in these Chinese radios.
Often they get sold set to amateur radio frequencies only, however it's easy to get around that. Many amateurs open them up anyway.
Some that have Part 90 certification are actually running with false certification. The method the FCC uses to certify radios leaves a lot of gaping holes. Some overseas manufacturers take full advantage of that.
The ones that are Part 90 certified are often locked to not allow VFO use. This is a requirement of the Part 90 rules. Again, it's easy to bypass. Lots of dealers will give you detailed instructions on how to do this.
The issues here are many:
Manufacturers that cheat the rules for the sake of making a buck.
Overseas dealers that don't care about FCC rules, all for the sake of making a buck.
Websites that sell these radios (E-bay, Amazon, etc) that don't care if they are legal or not, all for the sake of making a buck.
US Based dealers that will sell these to anyone with no mention of needing a license. All for the sake of making a buck.
Consumers that don't know or don't care what the rules are.
End users who should know better (amateur/LMR/GMRS/MURS) but don't because it's a cheap radio and it does all this cool stuff.