If you're not in the mood to read a rant , move along , nothing to see here.
SomeSelfRighteousHam said:
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That is incorrect. The FCC maintains a list of radios that are illegal to import, sell or own in the United States. I have not seen it enforced. You can buy many of the banned radios on eBay.
uhmmm , hope these links still work...
https://swap.qth.com/fcc/fcc-cbtable2.htm
https://forums.qrz.com/index.php?threads/legal-for-ham-use.407275/page-2#post-2962184
Seems they do ...
First let's address the swap.qth opinion that is consistently linked to despite it being , a determination made by The OET laboratory stating that various transceivers over a period of time were found to be "uncertified Part 95 "CB" radios" . This was a (several actually) letter(s) from the OET lab to the The Commission’s Office of General Counsel(“OGC”). The OGC later released a letter on the importation and marketing of ARS transmitters, which clarified that such transmitters that “have a built-in capability to operate on CB frequencies and can easily be altered to activate that capability, such as by moving or removing a jumper plug or cutting a single wire” fall within the definition of “CB transmitter” under Section 95.603(c) of the Rules and therefore require certification prior to marketing or importation. What we take away from this is that a transceiver must first be determined to be a CB radio under Section 95.603(c) of the Rules. Only then can Importation and marketing of these units be illegal pursuant to Section 302(b). Which incidentally, no longer exists.
SomeSelfRighteousHam said:
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that is incorrect. It is illegal to modify any radio to RECEIVE (and transmit) some frequencies. that includes ham radios.
...any radio? Really? Some frequencies? Including ham (ARS?) radio?
What in the wide world of sports is the hangup with "illegal"? There do exist some municipal, county and state regulations concerning monitoring cell phone frequencies, cordless phone handset frequencies, emergency services for purposes of other illegal activities, and the knotty bit about wiretapping that varies state to state as well as being subject to federal interpretation in some cases. The above is an irresponsible and nebulous statement at worst and hopelessly misinformed at best.
SomeSelfRighteousHam said:
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Incorrect... There is NO "part 97 type acceptance." It does not exist.
Perhaps you are referring to 47CFR part 95?
If there is no "part 97 type acceptance" Then the radios in question must be determined to be part 95 type accepted or otherwise found to be "uncertified Part 95 "CB" radios" . Looking a little deeper into this the determination is made by the OET laboratory in response to a query from the OCG. This is not a legal opinion nor does it have the effect of law. It is the opinion of the OET. Again, the often cited reference to Section 302(b) is no longer valid , if it ever was.
In many of these determinations a
letter ,
"See Response from the Commission's General Counsel to
U.S. Customs Service dated May 17, 1999, 14 FCC Rcd 7797 (1999)"
is often cited. This is a letter from FCC general counsel Christopher J Wright (OGC) to John F. Atwood Chief, Intellectual Property Rights Department of the Treasury U. S. Customs Service. The link is immediately below.
https://docs.fcc.gov/public/attachments/DA-99-970A1.pdf
This again leaves interpretation, not rule of law ,up to the OET laboratory. This is opinion , not law.
I have a number of examples to share, purely for argument's sake (why else?)
Anyone own a Johnson Viking II CDC?
How is it that the deletion of two parts (assume here just clipping the parts) turns a IC-735 into a general coverage transceiver but the addition of one part and cutting one trace makes the Uniden HR2510 an illegal radio even before the modification?
Depending on variations within type, is the Yaesu FT-857D any easier or harder to modify than say, an RCI-2950?
I am including this as a curious reference to a similar question that ended with ,
[snip]To be clear, while it may be illegal to import, sell, market or advertise such a device discussed in the Public Notice, it is not illegal for an end user to purchase or possess such a device, and someone who does possess such a device would not be operating it illegally if they are a licensed amateur radio operator and operating on licensed amateur bands assuming the device does not violate some other part 97 rule[/snip]
https://medium.com/@lucky225/did-the-fcc-just-make-baofengs-illegal-1fd4ba048194
I'll finish with this. I choose to operate my station and exercise my privilege as a licensed amateur radio operator with the spirit of the law, subject to my own conscience . I own radios that are capable of out of band operation with no modification other than programming. I have general coverage receivers from near DC to near daylight. I have modified type accepted part 95 CB radios for use within the amateur bands (yes , bands. Ask if curious.) and continue to use them as they meet all criteria for spectral purity in general and harmonics as well as IMD specifically. If the intent is to communicate rather than interfere. If the gift we have been given is to be used rather than abused. If the object is to advance the art science and enjoyment of amateur radio, then that is all that matters.
End Of Rant