How could that be ? It isn't just FCC rules involved here. These radios are forbidden to be bought or sold within US territories by Federal import Laws .
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1 STOP CB Shop Fined $7,000
- Thread starter C W Morse
- Start date
How could that be ? It isn't just FCC rules involved here. These radios are forbidden to be bought or sold within US territories by Federal import Laws .
Then how could it be legal for licensed radio operators to (own/possess and operate) such a radio if they are contraband in the U.S.A.?
They say private sale is allowed between Hams but I still can't figure out the tangled mess about it myself. Someone had to first get it illegally for it to be here. I think if a Gov. official is buying these as said then I would think that would give someone some legal help in their defense. Funny law. You can own one without a problem. But you can't legally import one or commercially sell one. And unless you have a Ham license you can't use it .Kind of a mess if you ask me. I would like to see the look on a judge's face when someone tries to explain that spider web .
But if those radios are not allowed in this country there should be no private sales of these radios between hams and if those sales are made then that would dictate a sale of illegal contraband thus making all participants in violation of U.S. laws.
It even gets more confusing when the FCC nails someone using one. In their NAL's they at one point call it an uncertified CB radio and on the other hand state it is the unlawful use of an Amateur radio or ARS transceiver . Everything surrounding it as far as law is pretty confusing .
It's no different than what the rest of the U.S. government does and that's make it up as the go along.
I think it was to eliminate a problem after the fact.
Just like 23 channel CB radios...
Both existed and were sold legally at some point. They were legal to own and use. So how do you make a consumer product suddenly illegal to own, use, or sell...?
It's like old cars and smog laws, the older vehiculars are sort of grandfathered in, at least in my state, pre-1972 vehiculars don't require smog test.
At some point, they were probably hoping the existing rigs would just die off and dissapear. But they've such a sloppy job of managing this that new illegal exports are still proliferating the market.
Just like 23 channel CB radios...
Both existed and were sold legally at some point. They were legal to own and use. So how do you make a consumer product suddenly illegal to own, use, or sell...?
It's like old cars and smog laws, the older vehiculars are sort of grandfathered in, at least in my state, pre-1972 vehiculars don't require smog test.
At some point, they were probably hoping the existing rigs would just die off and dissapear. But they've such a sloppy job of managing this that new illegal exports are still proliferating the market.
It is only precedent in front of the same judge. It is not precedent to the FCC. If they won't follow the attached, they won't follow anything.
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Why would it only be precedent before the same judge ? Many times cases and judgments from Federal courts are introduced as precedent outside of the court of origin . I'm not speaking of whether the FCC sees it as precedent. I'm speaking of its use before a judge .
He admits the Connex is legal.
In my conversation with the FCC all export 10m radios are legal for Amateur use .
A court decision is only binding on lower courts. A trial court is the lowest court in the hierarchy. One can always argue to the court that it should follow the decision of another court, but the second court is not required to follow the decision of the first court. There are certain exceptions, but at this point I would just assume it is not precedence for any other matters.
Let's assume we are talking about two (and we ARE) radio services covered by separate and completely different rules. Part 95, US Code, says that a CB operator must use a certified, 4 watt, 40 channel radio which has PREDETERMINED channels. He may NOT alter, change, "peak" tune, make additions in ANY way to the equipment. So that ALONE precludes the use of not only "10 Meter 'amateur' radios that are clones of CB sets with chrome faces, "bands" of channels (where only ONE "band" is required to cover the 40 CB frequencies, nor may he use ANY other sort of uncertified radio (such as an ICOM 706) on the CB band. No one is being "fooled" by channelized "CB" sets with chrome faces, beeps and squeaks, extra power and "bands" of channels that are designed to do ONE thing with respect to the CB band: get around the certification rules of FCC's Office of Technology prohibition against certain "CB" radios. The EASIEST way to tell that a radio might be illegal is to look for the "band" switch. Chances are, that if it has "bands" of channels, it is listed BY NAME on FCC's stinky list. It simply means that using this radio as a CB, or marketing it to the unlicensed public is verboten!
Now, look at Part 97 covering the Amateur Service. Simply put, a licensed amateur may use anything he can get to emit RF SO LONG AS IT MEETS CERTAIN MINIMUM SPECTRAL STANDARDS with regards to interference to other amateurs OR other services. It could be a TOASTER if one get it to transmit!!!
Breaking it down into the simplest terms, a merchant may NOT market certain of the CB-looking radios with the "band" switches, the beeps and squeaks, and echo toys to the general public. And, technically, he can get nailed for SELLING it or "marketing" such equipment! But the ham is off the hook simply because the rules don't apply to HIM in THAT way. While it may seem screwy that the dealer could get busted for selling it, if he sells it to a licensed ham, the ham is within the bounds of HIS rules and the radio still complies with Part 97! Yes, the dealer could get jacked up pretty high, while the ham that bought the "illegal" 10 METER radio won't be bothered---even if the FCC agent were right there in the store when he bought it! What it seems to be saying is that Part 95 is clear in that a CB op cannot be using the 10 Meter radio and he has no authority to do so. The ham, oth, IS complying with the rules of HIS service so long as he uses the channelized 10 Meter (why he would WANT the thing anyway due to the limitations it poses, is beyond me) withIN the amateur service UN-modified and not in "dual" service. Clear as mud, eh? :w00t: :laugh:
CWM
Now, look at Part 97 covering the Amateur Service. Simply put, a licensed amateur may use anything he can get to emit RF SO LONG AS IT MEETS CERTAIN MINIMUM SPECTRAL STANDARDS with regards to interference to other amateurs OR other services. It could be a TOASTER if one get it to transmit!!!
Breaking it down into the simplest terms, a merchant may NOT market certain of the CB-looking radios with the "band" switches, the beeps and squeaks, and echo toys to the general public. And, technically, he can get nailed for SELLING it or "marketing" such equipment! But the ham is off the hook simply because the rules don't apply to HIM in THAT way. While it may seem screwy that the dealer could get busted for selling it, if he sells it to a licensed ham, the ham is within the bounds of HIS rules and the radio still complies with Part 97! Yes, the dealer could get jacked up pretty high, while the ham that bought the "illegal" 10 METER radio won't be bothered---even if the FCC agent were right there in the store when he bought it! What it seems to be saying is that Part 95 is clear in that a CB op cannot be using the 10 Meter radio and he has no authority to do so. The ham, oth, IS complying with the rules of HIS service so long as he uses the channelized 10 Meter (why he would WANT the thing anyway due to the limitations it poses, is beyond me) withIN the amateur service UN-modified and not in "dual" service. Clear as mud, eh? :w00t: :laugh:
CWM