Popular CB Dealer gets cited for selling "exports"

[Sonwatcher]

The question I had answered just dealt with its' use by a Ham. The rest still seems messed up to me. Illegal to sell by any person in the US. but not illegal if you buy one. If I'm a Ham I can buy one and use it even though they are illegal for someone to sell it to me. Messed up. And yes CW I realize what you and others said went along with her answer but we're not dealing with a "toaster". We are dealing with a radio that is illegal by FCC law as well as US Customs Law. So I feel better getting the answer from the ones that made the rules rather than just opinion. After all it is best to know 1st hand when you're dealing with someone that would like to try to take away your birthday if they could

 

[Sonwatcher]

I have heard the FCC auctions off radio gear confiscated. If this is so I wonder what they do with all those exports they get since they are not allowed to sell them ? Take a donation ?

 

[C W Morse]

No what I'm trying to understand is why someone can sell you a radio and not me. And the fact that you gloat about being able to have one of these radios for the simple fact that you've completed a government course in radio ethics.

Don't think I'm bashing government here, there are enough people doing that already but if this radio is illegal for sale in this country then you have no more right to own and operate than anyone else, now what would Jesus do?[/quote]

Now WHOA! I did not "gloat" about anything. First thing is, I wouldn't HAVE one of them if you GAVE it to me! I tried to carefully explain that the two radio services operate with totally different rules and have NOTHING whatsoever to do with the other! CB Radio is under Land Mobile Services Rules under which ALL equipment used in those services MUST be certified by FCC for use. They have a STICKER affixed on them to show same. The Amateur Service Rules equipment requirement are completely different and most equipment need not be certified in the same way that CB Radios must. US Code, Title 47, Part 97, US Code spells out what Amateurs may use and it states that Amateurs may buy, use, or BUILD whatever equipment will meet the requirement of said Part 97.
That means that, yes, the dealer will be cited for SELLING the radio (the act of selling it, not ME buying it) and I will not be sanctioned for BUYING it because Part 97 says that I MAY use it and, therefore, I have commited no offense so long as I USE the radio within the Amateur Service. IF I use it on CB, THEN I HAVE violated the law--same as the CBer who bought and used it there.

In order to STOP the USE of "export" radios with "bands" of "channels and extra power, FCC has placed these radios on a list BY NAME in order to stop their use on CB. Now, all *I* have done is told you the rules and the reasons why it is the way it is. I did not MAKE the rules, nor did I "gloat" about anything! If you don't like the rules, you'll have to take that up with the Feds.

Within the rules for Amateur Radio, I have every "right" to use whatever radio I please that meets Part 97! For those who disagree, then they are at liberty to take the same tests (well, not exactly the same: they're EASIER! ) tests I took for the privileges I hold. I am sorry that makes people unhappy.

73

CWM[/i]

 

[C W Morse]

I have heard the FCC auctions off radio gear confiscated. If this is so I wonder what they do with all those exports they get since they are not allowed to sell them ? Take a donation ?

They are supposed to be destroyed if it is something that is flatly illegal to begin with. If it is a CB amplifier, it is alleged destroyed. If it is an Amateur transceiver or other certified radio, THEN it gets auctioned. (So they tell me )

CWM[/i]

 

[cyclops1970]

What will be interesting is the day a dealer gets busted and the dealer says "Wait a Minute!!"

"Here are my sales reciepts..and here is the amateur callsign of everyone who bought the radios...you see I read your citations and KNOW that these radios are in the hands of licensed amateur radio operators. So they are NOT uncertificated CBs. They were marketed, and sold EXCLUSIVELY to amateur operators, whose equipment does not need to meet Part 95 certification requirements."

What then?

I think at that point the FCC would amend its current position and say "OK. If you want to sell these radios, fine. Prove to us that the radios are going to legitimate amateur operators. If you can't then oh well, we'll assume they're going to CB operators and fine the heck out of you. But you will be guilty until proven innocent in our book."

Thoughts???

 

[Captain Kilowatt]

I have heard the FCC auctions off radio gear confiscated. If this is so I wonder what they do with all those exports they get since they are not allowed to sell them ? Take a donation ?

Up here the gear gets destroyed. At least it did several years ago.I once saw a truck load of it get run over by a bulldozer at the landfill site.

I think at that point the FCC would amend its current position and say "OK. If you want to sell these radios, fine. Prove to us that the radios are going to legitimate amateur operators. If you can't then oh well, we'll assume they're going to CB operators and fine the heck out of you. But you will be guilty until proven innocent in our book."

What if the FCC started to require that a valid amateur license be shown and records kept by the seller before any type of transmitting equipment or amplifier be purchased? Simple rule to implement and perfectly legal to do so.It would not stop the sales of export radios and amps but I bet it would sure put a big dent in it.Those crying foul now should hope that day never comes. :?

 

[AudioShockwav]

What will be interesting is the day a dealer gets busted and the dealer says "Wait a Minute!!"

"Here are my sales reciepts..and here is the amateur callsign of everyone who bought the radios...you see I read your citations and KNOW that these radios are in the hands of licensed amateur radio operators. So they are NOT uncertificated CBs. They were marketed, and sold EXCLUSIVELY to amateur operators, whose equipment does not need to meet Part 95 certification requirements

Cyclops, HE CAN NOT SELL THEM, That breaks the law.
it is not legal to sell
They never said it is not legal to have or buy one you just cant .........
Never mind, I give up, everyone is missing the point.
I do not agree with how Cb in the US is set up, I feel that Cb has grown way past what it was first invisioned to be, and I (personally) think that they should change the rules to be more in tune with the times.
I also understand were they are going with this, they are stuck between a rock and a hard spot, and this is the best they can come up with.
Is it the best thing, of course not, but how are they going to try to get everyone to follow the rules in one radio service, without encroaching on another radio service.
Anyway
Everyone just enjoy your hobby, be it Cb or Ham.


73
Jeff

 

[chipotle]

This 10 meter discussion has been beat to death for the last three years on this very forum. The debate over the application of the law is uncompromising. I have never in my life seen such a law that creates so much confusion and discussion over how it should be enforced. Why would CCW have to explain the application of the law every week, for years on end if there was no ambiguity in the law. Something is wrong here if you have to explain something so many times over many years. The law is confusing at best, and incomprehensible at worst. No wonder the court shut this law down and ended up recommending disbarment of the prosecuting attorney in the Ranger case. CCW please continue to explain the law, please keep calling and emailing the FCC for clarification. Please advise us what they say. Please keep pushing harder. Someday, maybe someday we will get it. Until than, the debate goes on, and on and on.

 

[yama junk owna]

The fed gov don't care!!!

The FCC which is part of the fed gov don't care!!!!!

The only reason that this crapole gets plastered on these forums is because of a few crybabys that think because they got a license they are now RADIO COP SAVIOR OF THE AIRWAVES gets all excited by doing it!!!!

Turn your radios on and talk and forget it!!!!!!!!!!!!

 

[undertaker]

VERY WELL SAID!!!!!!!!!!!!!!!!!!

 

[AudioShockwav]

I still say that the FCC is underfunded and needs a source of income and that's by jumping on the export radio market

The FCC is under-funded, but the fines are paid to the US Treasury Dept, and go to the general fund, the fines do not go to provide money(directly) for the FCC.


73
Jeff

 

[C W Morse]

What will be interesting is the day a dealer gets busted and the dealer says "Wait a Minute!!"

"Here are my sales reciepts..and here is the amateur callsign of everyone who bought the radios...you see I read your citations and KNOW that these radios are in the hands of licensed amateur radio operators. So they are NOT uncertificated CBs. They were marketed, and sold EXCLUSIVELY to amateur operators, whose equipment does not need to meet Part 95 certification requirements."

What then?

I think at that point the FCC would amend its current position and say "OK. If you want to sell these radios, fine. Prove to us that the radios are going to legitimate amateur operators. If you can't then oh well, we'll assume they're going to CB operators and fine the heck out of you. But you will be guilty until proven innocent in our book."

Thoughts???

AudioShockWave said it best. This is the simplest it can be put! [/u]"Export" Radios listed by name are illegal for the DEALER to SELL! The ACT of making the sale is what is illegal for the dealer. It is illegal for a CB operator to USE an "export" radio ON the CB band. The licensed Amateur operator may USE any radio that meets spectral purity requirements on Part 97! He is not subject to rules that pertain to CB except where he might USE CB radio--in which case he must abide by the same rules everybody else does. Should he USE an "export" radio on the CB band, then he is illegal, same as anybody else. On the ham bands, he CAN use the export rig. We can't seem to separate two entirely disparate issues!~


73


CWM

 

[chipotle]

I still don't understand. More discussion please.

 

[AudioShockwav]

anyone transmitting on one is in violation of the law that pertains to that.

No, you must have missed this post.......

So at the beginning of the week I called the FCC and asked flat out if these radios, that are illegal to market in the US, are ok for licensed amateur operators to use on the amateur bands ? Today on my way home I called home and my wife said I had a message from a Diane from the FCC. She had told me she would get back to me after directing the question to someone in charge of Amateur Licensing. I got home just now and she has stated that an Amateur is allowed to use the Amateur portion of an export radio. So that settles the question for good with me.
If anyone would like to verify the answer you can call Diane at 877-480-3201 option #2. The case# for my question is #776635

There is the answer about legality of use.

73
Jeff

 

[Hamin' X]

Folks, this discussion is going nowhere and has been turned (by some) into an us vs. them thread.

What most of you are overlooking is: The Congress writes the laws in the broadest of terms and charges an agency with interpretation of the law, writing the regulations for the law and enforcement of the regulations. The FCC looks at the laws and writes the regulations to fit their interpretation of the laws. Parts 95 (CB) and 97 (Amateur), are regulations, not law. The laws do not address the "Export" radios at all, only the regulations.

The FCC has determined that Amateurs may use these radios in accordance with their licence and will take no action against the Amateur, unless he violates the terms of his license. Unless you want to take the FCC to court and have the court determine if the FCC's interpretation is correct or not, then this is the End of Discussion.

Rich