This is *WHY* one must not "Blend" Amateur Radio with "CB"

Discussion in 'CB Radio Forum' started by Gadfly, Jan 27, 2009.

  1. silentpardner

    silentpardner Light Load Member

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    It is not ILLEGAL to manufacture any radio in the US for EXPORT to any country in the world that alows their use...this includes all the radios on that FCC list manufactured by Ranger Electronics here in the US.
    Please understand, the rest of the world is not governed by FCC regulations. This is the reason they are available here in the US...FOR EXPORT.
    A licensed HAM operating a station, under FCC regulation, on the 11 meter(CB) band at higher than 5 watts TX is just as illegal as any truck driver doing the same thing. Actually, that situation precisely is the case that was cited here at the start of this thread by the housefly.

    ILLEGAL TO IMPORT AND/OR MARKET = In FCC regulated area ONLY

    Get it?
     
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  3. delta5

    delta5 Road Train Member

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    Of course, I get it. It also means that the radios are not supposed to be for sale here. Obviously, they arent doing a very good job enforcing that.
     
  4. WA4GCH

    WA4GCH Road Train Member

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  5. KE5WDP

    KE5WDP Road Train Member

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    This is fun to watch people defend their illegal actions....great read. Keep on arguing!!!!
     
  6. Big_m

    Big_m Heavy Load Member

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    When you make the Regs, You can enforce them any way that you like! The FCC does not care who likes what? It's only what they like. And on top of that they're broke. And cutting staff.
     
  7. silentpardner

    silentpardner Light Load Member

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    I am afraid that you apparently DO NOT GET IT, judging from this reply...so I am going to try on a slightly lower grade level. (1st-3rd)

    Manufacturer is a US company.
    Manufacturer makes 2way radios.
    Manufacturer makes 2way radios, some of their models transmit at full power. Perfectly legal EVERYWHERE IN THE WORLD TO TRANSMIT except in FCC regulated areas.
    Manufacturer sells radios IN THE US FCC REGULATED areas.
    Distributors, wholesalers, and persons like you purchase radios from manufacturers in the US FCC REGULATED area.
    End users buy radios from distributors, wholesalers, and people just like you.
    End user is the only person responsible for hooking up the radio to power.
    End user is the person who turns the radio on and listens to communication.
    UP TO THIS POINT EVERYTHING HAS BEEN WITHIN FCC REGULATIONS
    If the end user keys the mike and transmits over 5 watts with any radio in a FCC REGULATED AREA, he/she, HAM or unlicensed, then that end user has violated the FCC regs for 11meter.
    If an end user never keys to transmit over 5 watts and sends that same radio to his brother-in-law in Mexico or Australia for his use, he never violated the regulations.

    I personally enjoy living in an economically free society where this is all possible.
     
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  8. delta5

    delta5 Road Train Member

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    I fail to see why you dont understand this ruling. Please clean your glasses and read slowly. It is ILLEGAL to IMPORT and MARKET these radios in the United States. It doesnt make any difference if they are made here or not. They are not to be marketed here. The maker of these radios has designed them to be easily modified for CB operation and they also radiate too much power to be certified. They are not supposed to be sold here at all.

    ILLEGAL CB TRANSCEIVER LISTThe FCC's Office of Engineer and Technology (OET) has evaluated the devices listed below and has concluded that these devices are not only amateur transceivers but can easily be altered for use as Citizens Band (CB) transceivers as well. As such, OET has further concluded that these devices cannot legally be imported or marketed within the United States for the reasons discussed below. Further, the FCC General Council has issued a decision in a specific case involving one manufacturer and has concluded that dual use CB and amateur radios of the kind at issue may not be approved under the Commission's rules and are in violation of several rules including the RF power level limits of 47 CFR 95.639. (letter from Christopher J. Wright, FCC-OGC to John F. Atwood, US Customs Service, dated May 17, 1999).
    Transceivers used in the Amateur Radio Service below 30 MHz do not require FCC authorization prior to being imported into or marketed within the United States, but transceivers for other services, including the CB Radio Service (CB), do require Commission approval. The transceivers listed herein and other similar models operate in the amateur "10-meter band" and are often referred to as "10-meter" radios or "export" radios. The amateur 10-meter band uses frequencies that are very close to the channels set aside for use in the CB service. Some of the transceivers that manufacturers call "10-meter" radios either operate on CB frequencies as manufactured and imported or are designed such that internal circuits can readily be activated by a user, a service technician or a dealer to operate on CB frequencies. According to Section 95.603(c) of the Commission's rules, a CB transmitter is a transmitter that operates or is intended to operate at a station authorized for the CB service. 47C.F.R. § 95.603(c). The Commission's equipment authorization experts in the FCC Laboratory have determined that the transceivers listed herein and other similar models at issue here are intended for use on the CB frequencies as well as those in the amateur service because they have built-in capability to operate on CB frequencies. This capability can be readily activated by moving or removing a jumper plug, cutting or splicing a wire, plugging in a connector, or other simple means. Thus, all the transceivers listed herein and similar models fall within the definition of a CB transmitter. See 47C.F.R. § 95.603(c). A CB transmitter must be certificated by the FCC prior to marketing or importation. 47 C.F.R. §§ 95.603(c); 2.803.
    Moreover, the dual use CB and amateur radios of the kind at issue here may not be certified under the Commission's rules. Section 95.655(a) states: "....([CB] Transmitters with frequency capability for the Amateur Radio Services ... will not be certificated.)" See also Amendment of Part 95, Subpart E, Technical Regulations in the Personal Radio Services Rules, FCC 88-256, 1888 WL 488084 (August 17, 198:cool:. This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id, and thereby deter use by CB operators of frequencies allocated for amateur radio use.
    In addition, the Commission's equipment authorization experts have determined that these devices violate or appear to violate a number of the rules governing CB devices. For example, they may use emission types not permitted, or emit RF power at a level in excess of the levels permitted in the CB radio service. See 47 C.F.R. § 95.639.
    In view of the foregoing, the following "10-meter" transceivers are not acceptable for importation or marketing into/within the United States. Importation and marketing of these units is illegal pursuant to Section 302(b) of the Communications Act and Section 2.803 of the rules. Willful violations of the Rules and the Act may subject the violator to a monetary forfeiture of not more than $11,000 for each violation or each day of a continuing violation. The Commission continues to review this type of equipment, and additional makes and models may be added to this list in the future.
     
    Last edited: Sep 30, 2010
  9. delta5

    delta5 Road Train Member

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    You are wrong sir. Maybe you should go back to grade school and learn to read and comprehend. The ruling is right here in front of you. "Export" radios on this list are not consided true amateur radios by the FCC. They are not to be sold here. Now why they dont enforce it is anybodys guess. Obviously you dont know what you are talking about.
     
  10. Chain Drive

    Chain Drive Medium Load Member

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    I'm still pretty at this 10/11m fight but I am pretty good at finding "gray" area in rules and I just read the fcc list of illegal radios, it says these radios are illegal for sale as C.B radios, not illegal, or illegal for sale unless you are selling or using them as a C.B.
     
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  11. delta5

    delta5 Road Train Member

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    Yes it is a bit of a grey area. The ones in the list have been ruled "easily modifiable" to be used on cb channels and the freeband area. They are not supposed to be marketed here. Read further down and look at the fine amounts per day that can be accrued by selling them. Obviously, they havnt been raiding too many shops lately.
     
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