Once you`ve sorted out salon avocados, it`s simple: if you`re a ham, you can use your Baofeng legally – but you`re responsible for the emissions, and they`d better meet the specifications of Part 97 of the Board`s rules. Many of these chicom platforms are not (see also: spectral purity). If you are a CBer (GMRS, FRS or “MUR”), they are not legal. The antennas are detachable (FRS), the product platform is 5W (“MURS”) and an FCC certified technician does not need to configure them for GMRS – any Joe Six-pac can program them. For this reason, the FCC is dark about how these radios are marketed. Because providers will not change their marketing techniques, the FCC must take further steps to limit the availability of these radios. It`s not really hard to understand. Another unintended consequence of the wording of the exception is that, strictly speaking, ANY software-defined radio you use to transmit a signal is now considered illegal because simply changing the frequencies on which those radios operate is the proper programming software. There is no physical way to limit the frequencies on which an SDR radio broadcasts in a band for which it was designed, as long as the bandwidth in the programming allows for those frequencies. While I and many others believe this is an unintended consequence of a poorly worded exception, this is the current FCC decision, and until DA 18-980 is repealed or rewritten with a clearer meaning for the HAM exception, it is currently illegal for anyone to use a radio that can broadcast outside the HAM bands as a HAM radio. The FCC does not require equipment approval for an “amateur radio” transmitter intended to operate under Part 97, with the exception of those containing scanning receivers that require certification. If an amateur radio transmitter also includes frequencies assigned to other services and the equipment is intended for operation in those other services as well as in amateur service, the transmitter must be certified for all non-Part 97 radio services for which it is intended to be operated. The FCC uses the term “intended to operate” as a synonym for “operational.” Wouxun is able to legally market a device that operates in the specified bands and has a scanning receiver because it has a certification issue (for Part 90 operation) that meets the certification requirement for the digitization receiver.
It may be operated by Part 97 licensees and Part 90 licensees in their respective frequency bands. Wouxun US decides to limit the frequency range of the amateur version of the device to ham ribbons only. Limiting the frequency range of the device to ham bands is acceptable as a permissive Class I change (without recertification) as long as the means to limit the frequency range in the amateur version of the device are not made with hardware modifications and without denigrating the characteristics of the device as reported to the FCC. Wouxun US presumably wants to ensure that Part 97 licensees do not use the device on Part 90 channels and vice versa. It is a good practice for them to market the ham ribbon version with ham and to market the Part 90 version only to Part 90 licensees. Good fences make good neighbors. — Chris Imlay, W3KD, ARRL General Counsel “I believe they have always been illegal. That`s why you see that the big amateur manufacturers block access to the broadcast outside the amateur group. As far as I know, a radio must be approved for the amateur service as a receiver and for accidental broadcasts, but as a transmitter per se.
Radios that can operate on other services must normally be certified for that service. I have seen Baofeng sold as marine radios, public radio stations, commercial services and GMRS, all services that require explicit permissions. And while a manufacturer or distributor may not have done this, they are responsible for what their resellers do. I recently saw a baofeng used on a small tourist trail (even with the antenna aborted) that was hopefully on an assigned frequency. So take the deputy chief`s answer with an understanding of the legal terminology and the specificity of the issue. I feel that the question “Are they legal to sell” has led to a completely different answer, which is the reason for the whole action. GT-5R: New model, new choice Since 2012, UV-5R has been highly recommended as an excellent starter radio. And now, for the entry-level class, Baofeng is releasing the 2021 version – GT-5R, a new low-cost starting point with 100% legal configurations. If you figure out what you really want, you can get a better one that meets your needs and keep GT-5R as an emergency replacement. They might be legal with that. On the other hand, you couldn`t.
Some have incorrect emissions above Part 97 limits. According to this “logic”, only licensed persons should be allowed to buy a car, weapon or shovel, as these are also only tools that can be used for their intended purpose and not for authorized purposes. Having something that can go beyond its intended use is not a crime, and neither are items. It is the responsibility of the person to remain legal. Where exactly are these 75% of people? I`ve never met one. As an amateur of extra class (and even back to the technician), I tried to be legal to the best of my ability. I even felt bad when I said something inappropriate in an informal conversation. I have 5 radios, and they are in the same settings as when I bought them. What Martian frequencies Mars is set and in the VHF/RF bands, do you even think? The purpose of digitization is to provide better scope and clarity unless your MRRS is next to it, but it`s also a long way to go, as you`re completely wrong and the actual emissions of an FCC-certified Baofeng Part 90 were surprisingly good.
So good luck with your big three and tx locked. In 2022, sick people still have a ton or surplus of trade, or I still buy baofengs, just like they hate to tell you that this is the most likely outcome. Am I wrong when I use my Wouxun? Yes. Am I legally authorized for what I operate, responsibly and in compliance with the operational requirements of the amateurs and the FCC? Yes. The current definitive word is what is written in DA 18-980, which states very clearly, including in the exception for amateur radio service, that devices capable of transmitting outside amateur radio frequencies for the bands on which they are intended to be used are illegal for the amateur radio service. This was also confirmed by phone with FCC General Counsel Laura Smith. This is what I posted on one of the Facebook pages I belong to and includes my response to the author of the friend-or-foe article. It`s a long time. Take a deep breath. ———————————— – So. I followed Noji Ratzlaff`s link (we are both part of the same Facebook page) to the friend or foe article (thisoldhamshack.com/baofeng-friend-or-foe-what-you-need-to-know/).
While I agree with FCC counsel Laura Smith`s comment that this is essentially a “don`t ask/don`t say” situation, the author of the article is far from popular given the specific wording of the public announcement and the recorded phone call posted by Steven Whitehead (also a member of the Facebook page) (youtu.be/i248EzJtNlE). How can you (legally) build a Part 95 certified GMRS repeater? And how can you even use a repeater that is “approved for use in GMRS”? Does anyone even sell a GMRS Part 95 certified repeater? It seems that the equipment I`m going to need (and the equipment I was looking for – all non-Chinese hardware, by the way) will never be compliant. Yes, I am an authorized user of GMRS. If e-bay or Amazon allow illegal advertising for the use of radios, ask e-bay and Amazon to filter/block the use of certain keywords OR warn against penalties for misuse of certain keywords. It`s not that these companies don`t have the ability to censor selected words or even phrases. Since one of the aspects of amateur radio is “home brewing”. Anything that sends an “appropriate signal” in an amateur band operated by a licensed amateur radio operator is legal. The key element of the “appropriate signal” is the power level and the levels of the interference signal and includes permissible modulations in the part of the band where transmission takes place. I thought it was illegal to sell meaning, as it could transmit without mods over its entire frequency range, 136-174 & 400-470 MHz. To be clear, while it may be illegal to import, sell, market or advertise such a device, it is not illegal for an end-user to purchase or possess such a device, and anyone who owns such a device would not use it illegally if they are a licensed amateur radio operator and work on licensed amateur bands, Provided the device does not violate another Part 97 rule, is that correct? Thanks, Lucky225 WA6VPS The Baofeng has an FCC logo. Doesn`t the dose mean it`s certified? As a ham (control operator), I am responsible for the proper use of the radio.
Just broadcast on amateur frequencies and watch this stupid alarm function (or bug) and everything should be fine. Their use is legal, but only on amateur bands. (Of course, you`ll need to purchase a license first.) On a small budget, my search for my first amateur radio led me to Baofeng. A quick Google search for Baofeng yielded many results indicating that some Baofeng handhelds are illegal in the United States. It`s true? If the general manager of a police or fire department authorizes the use of one of these radios for their frequencies, is that now legal? Does it matter if the radio has an FCC number? So, are they “illegal” if you never transmit them, but only use them as scanners? Please note that this is a 100% legal radio with the frequency range: 144-148MHz and 420-450Mhz.