The Kenwood would require a MARS CAP modification - if not done from an authorized dealer - it would void the warranty.
To have it done, you would be required to provide a copy of your MARS License. At least that was what I was told by Ham Radio Outlet.
Part 15 - Radio Frequency Devices
Many hams believe that all devices regulated by Part 15, including transmitters and digital devices, are "type accepted" by the FCC, with testing in the FCC Lab. Type acceptance has actually been written out of the FCC rules. Devices that were Type Accepted under the old rules are now subject to Certification or a Declaration of Conformity. To obtain Certification, a manufacturer supplies test data to the FCC, usually from a laboratory that the FCC knows and trusts, and Certification is usually issued on the basis of the test data and other information about the product. In a Declaration of Conformity, the manufacturer issues a formal statement to the FCC that the device has been tested at an accredited laboratory and that it complies with the rules.
Although the FCC can call in equipment for testing, in almost all cases, the FCC does not actually perform testing on equipment covered by Part 15. They usually review information and test data supplied by the manufacturer. Most computing devices are subject to Certification or a Declaration of Conformity.
Type Acceptance: Similar to certification, except that it typically applies to radio transmitter equipment that will be used in a licensed radio service. Devices subject to type acceptance include: land mobile transmitters such as cellular transmitters, or police, fire and business transmitters; transmitters used in the maritime and aeronautical safety services; and CB and other transmitters used in the Personal Radio Services. Amateur Radio transmitters do not require type acceptance although external HF power amplifiers and kits do require type acceptance.
Verification: Verification is a self-approval process where the applicant performs the necessary tests and verifies that they have been done on the device to be authorized and that the device is in compliance with the technical standards. If you don't have the equipment to verify that the radio only operates Narrow Band Only - it is not compliant!
Not everyone owns a service monitor, nor does a amateur radio operator normally need one..
This guy can't even program his own radio - I don't think he has any experience using electronic test equipment.
47 CFR 90.203 - Certification required.
§ 90.203 Certification required.
(a) Except as specified in paragraphs (b) and (l) of this section, each transmitter utilized for operation under this part and each transmitter marketed as set forth in § 2.803 of this chapter must be of a type which has been certificated for use under this part.
(b) Certification is not required for the following:
(7) Transmitters imported and marketed prior to September 1, 1996 for use by LMS systems.
(e) Except as provided in paragraph (g) of this section, transmitters designed to operate above 25 MHz shall not be certificated for use under this part if the operator can program and transmit on frequencies, other than those programmed by the manufacturer, service or maintenance personnel, using the equipment's external operation controls.
(f) Except as provided in paragraph (g) of this section, transmitters designed to operate above 25 MHz that have been approved prior to January 15, 1988, and that permit the operator, by using external controls, to program the transmitter's operating frequencies, shall not be manufactured in, or imported into the United States after March 15, 1988. Marketing of these transmitters shall not be permitted after March 15, 1989.
(g) Transmitters having frequency programming capability and that are designed to operate above 25 MHz are exempt from paragraphs (e) and (f) of this section if the design of such transmitters:
(1) Is such that transmitters with external controls normally available to the operator must be internally modified to place the equipment in the programmable mode. Further, while in the programmable mode, the equipment shall not be capable of transmitting. The procedures for making the modification and altering the frequency program shall not be made available with the operating information normally supplied to the end user of the equipment; or
(2) Requires the transmitter to be programmed for frequencies through controls normally inaccessible to the operator; or
(3) Requires equipment to be programmed for frequencies through use of external devices or specifically programmed modules made available only to service/maintenance personnel; or
(4) Requires equipment to be programmed through cloning (copying a program directly from another transmitter) using devices and procedures made available only to service/maintenance personnel.
(j) Except where otherwise specially provided for, transmitters operating on frequencies in the 150-174 MHz and 406-512 MHz bands must comply with the following:
(1) Applications for certification received on or after January 1, 2005, for mobile and portable transmitters designed to transmit voice on public safety frequencies in the 150-174 MHz band will be granted only if the mobile/portable equipment is capable of operating on the nationwide public safety interoperability calling channel in the 150-174 MHz band. (See § 90.20(c), (d) of this part.) Applications for certification received on or after January 1, 2005, for mobile and portable transmitters designed to transmit voice on public safety frequencies in the 450-470 MHz band will be granted only if the mobile/portable equipment is capable of operating on the nationwide public safety interoperability calling channel in the 450-470 MHz band. (See § 90.20(c), (d) of this part.)
(2) Applications for certification received on or after February 14, 1997 but before January 1, 2005 will only be granted for equipment with the following channel bandwidths:
(i) 12.5 kHz or less for single bandwidth mode equipment or multi-bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz;
(ii) 25 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 25 kHz if it is capable of operating on channels of 12.5 kHz or less; and
(iii) 25 kHz if the equipment meets the efficiency standard of paragraph (j)(3) of this section.
(3) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, and/or 421-512 MHz bands, received on or after February 14, 1997 must include a certification that the equipment meets a spectrum efficiency standard of one voice channel per 12.5 kHz of channel bandwidth. Additionally, if the equipment is capable of transmitting data, has transmitter output power greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz, the equipment must be capable of supporting a minimum data rate of 4800 bits per second per 6.25 kHz of channel bandwidth.
(4) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, and/or 421-512 MHz bands, received on or after January 1, 2011, except for hand-held transmitters with an output power of two watts or less, will only be granted for equipment with the following channel bandwidths:
(i) 6.25 kHz or less for single bandwidth mode equipment;
(ii) 12.5 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz if it is capable of operating on channels of 6.25 kHz or less;
(iii) 25 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 25 kHz if it is capable of operating on channels of 6.25 kHz or less; and
(iv) Up to 25 kHz if the equipment meets the efficiency standard of paragraph (j)(5) of this section.
(5) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, and/or 421-512 MHz bands, received on or after January 1, 2011, must include a certification that the equipment meets a spectrum efficiency standard of one voice channel per 6.25 kHz of channel bandwidth. Additionally, if the equipment is capable of transmitting data, has transmitter output power greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz, the equipment must be capable of supporting a minimum data rate of 4800 bits per second per 6.25 kHz of channel bandwidth.
Transmitters designed to operate in the voice mode on channels designated in §§ 90.531(b)(5) or 90.531(b)(6) that do not provide at least one voice path of 6.25 kHz of spectrum bandwidth shall not be manufactured in or imported into the United States after December 31, 2014. Marketing of these transmitters shall not be permitted after December 31, 2014.
Knowing this - how can you tell me that I am wrong and that you are right!
If it is capable of operating on wide band, or if it is easily programmable - without the aid of a RIB - Motorola, or LMRS technician and proprietary software - it is not legal for use in the LMRS bands...
Even Motorola is a little iffy - due to the fact that Motorola can sue someone for having the software if they are not licensed to have it - even if it is obsolete.