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RCI 2950DX
- Thread starter d1g1man
- Start date
Man Freon Cowboy, that is pretty much it.
So there you are, just a-talkin away on 11 m on an illegal radio.
And then the nice people in the white vans ask to see your gear. And because you are a gen license holder - as I am - they take away your license, slap you with a $4000 fine and don't take the radio. So you can do it all over again. I'm not pickin on you, as this could just as easily happen to any one of us at any time.
All I;m saying is this: these radios are supposed to be illegal; yet the FCC lets them be sold all of the time. Seems to me, that they are more interested in taking our money thru violation then they are in stopping it all at the source. This to me cannot be mistaken for anything else but entrapment.
Y'all read about the Torres case - right? The guy was dumb - admittedly- by using the same illegal radio (that the FCC boys FAILED to confiscate - as it was their RESPONSIBILITY to do) and used it the same way -and got another NOV by the same FCC boys.
Is it just me? Or does it look like they have set this situation up to bust people who otherwise wouldn't do it - but because these radios are easily had - they are using us to make fine money. Just so they could look like they are doing their job?!? And we are the 'patsies', as long as this farce continues.
So, either we sue the Fed Gov't collectively over this issue, or we continue to abused by them on an individual basis. Either they force the dealers to stop selling these radios; or they stop violating us and let it go. But to do that in a way that gives us assurances that it won't happena again, we wil need to petition a Fed representative that would take our side in this issue so that it can solved once and for all. Even the stuffy Ham/qrz boys have something at stake in this issue, they get NOV for stupid, unnecessary, and costly things as well. The Ham bands are self-regulating anyway; so why should CB have to be any differently and become a point of an excuse to violate and fine as they see fit. There are a lot of things about this situation that don't sit right we me - and many others. Sometimes one has to take a stand.
So there you are, just a-talkin away on 11 m on an illegal radio.
And then the nice people in the white vans ask to see your gear. And because you are a gen license holder - as I am - they take away your license, slap you with a $4000 fine and don't take the radio. So you can do it all over again. I'm not pickin on you, as this could just as easily happen to any one of us at any time.
All I;m saying is this: these radios are supposed to be illegal; yet the FCC lets them be sold all of the time. Seems to me, that they are more interested in taking our money thru violation then they are in stopping it all at the source. This to me cannot be mistaken for anything else but entrapment.
Y'all read about the Torres case - right? The guy was dumb - admittedly- by using the same illegal radio (that the FCC boys FAILED to confiscate - as it was their RESPONSIBILITY to do) and used it the same way -and got another NOV by the same FCC boys.
Is it just me? Or does it look like they have set this situation up to bust people who otherwise wouldn't do it - but because these radios are easily had - they are using us to make fine money. Just so they could look like they are doing their job?!? And we are the 'patsies', as long as this farce continues.
So, either we sue the Fed Gov't collectively over this issue, or we continue to abused by them on an individual basis. Either they force the dealers to stop selling these radios; or they stop violating us and let it go. But to do that in a way that gives us assurances that it won't happena again, we wil need to petition a Fed representative that would take our side in this issue so that it can solved once and for all. Even the stuffy Ham/qrz boys have something at stake in this issue, they get NOV for stupid, unnecessary, and costly things as well. The Ham bands are self-regulating anyway; so why should CB have to be any differently and become a point of an excuse to violate and fine as they see fit. There are a lot of things about this situation that don't sit right we me - and many others. Sometimes one has to take a stand.
I dont own any of these radios , and after learning what i have today
i wouldnt readily make mention of it on the air either ,
i dont do too much anymore on 11mtrs ,
other than help the occasional lost trucker or motorist
most of the yahoos in my area , are pretty poor operators
roger beeps, gobs of power, noise toys, etc ,
and while i dont agree with a lot of that
i won't jump in and try to tell them what it "REALLY" sounds like
i own a kenwood ts130s that has been modded for 11
and i could throw out 100 watts anywhere on 11 mtrs i chose
but im not that stupid , i like my ham ticket
so ultimately as far as doing what i want
thats not an issue , but to me its the principal of the matter
but having finally realized the Crux of the matter
I guess i dont have a whole lot more to say about it ,
let the 11 mtr ops , play with their illegal radios
as long as they play nice , no problems
seems like its the guys who constantly interfere with others
or start the drunken keydown , are the ones who get popped anyway
think I'll stick with a "worn out tape of Chris Ledoux"
and a fully charged cellphone , next time i take to the highway
73
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It still seems like there may be some confusion.
Radios on that "illegal" radio list are not legal to sell or import to the USA.
They ARE legal to own and use on HAM BANDS. I know it seems weird that it is illegal to import or market them in the US, but at the same time be perfectly legal to own and use if you are a HAM on the HAM BANDS. But that IS the case.
Radios on that "illegal" radio list are not legal to sell or import to the USA.
They ARE legal to own and use on HAM BANDS. I know it seems weird that it is illegal to import or market them in the US, but at the same time be perfectly legal to own and use if you are a HAM on the HAM BANDS. But that IS the case.
dont think so ,
its pretty clear cut
Read it and Weep. or show something that proves otherwise
(c). The Commission’s equipment authorization experts in the FCC Laboratory have determined that the transceivers listed herein and other similar models at issue here are intended for use on the CB frequencies as well as those in the amateur service because they have built-in capability to operate on CB frequencies. This capability can be readily activated by moving or removing a jumper plug, cutting or splicing a wire, plugging in a connector, or other simple means. Thus, all the transceivers listed herein and similar models fall within the definition of a CB transmitter. See 47C.F.R. § 95.603(c). A CB transmitter must be certificated by the FCC prior to marketing or importation. 47 C.F.R. §§ 95.603(c); 2.803.
below is the whole body of the ruling
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ILLEGAL CB TRANSCEIVER LISTThe FCC’s Office of Engineer and Technology (OET) has evaluated the devices listed below and has concluded that these devices are not only amateur transceivers but can easily be altered for use as Citizens Band (CB) transceivers as well. As such, OET has further concluded that these devices cannot legally be imported or marketed within the United States for the reasons discussed below. Further, the FCC General Council has issued a decision in a specific case involving one manufacturer and has concluded that dual use CB and amateur radios of the kind at issue may not be approved under the Commission’s rules and are in violation of several rules including the RF power level limits of 47 CFR 95.639. (letter from Christopher J. Wright, FCC-OGC to John F. Atwood, US Customs Service, dated May 17, 1999).
Transceivers used in the Amateur Radio Service below 30 MHz do not require FCC authorization prior to being imported into or marketed within the United States, but transceivers for other services, including the CB Radio Service (CB), do require Commission approval. The transceivers listed herein and other similar models operate in the amateur "10-meter band" and are often referred to as "10-meter" radios or "export" radios. The amateur 10-meter band uses frequencies that are very close to the channels set aside for use in the CB service. Some of the transceivers that manufacturers call "10-meter" radios either operate on CB frequencies as manufactured and imported or are designed such that internal circuits can readily be activated by a user, a service technician or a dealer to operate on CB frequencies. According to Section 95.603(c) of the Commission’s rules, a CB transmitter is a transmitter that operates or is intended to operate at a station authorized for the CB service. 47C.F.R. § 95.603(c). The Commission’s equipment authorization experts in the FCC Laboratory have determined that the transceivers listed herein and other similar models at issue here are intended for use on the CB frequencies as well as those in the amateur service because they have built-in capability to operate on CB frequencies. This capability can be readily activated by moving or removing a jumper plug, cutting or splicing a wire, plugging in a connector, or other simple means. Thus, all the transceivers listed herein and similar models fall within the definition of a CB transmitter. See 47C.F.R. § 95.603(c). A CB transmitter must be certificated by the FCC prior to marketing or importation. 47 C.F.R. §§ 95.603(c); 2.803.
Moreover, the dual use CB and amateur radios of the kind at issue here may not be certified under the Commission’s rules. Section 95.655(a) states: "….([CB] Transmitters with frequency capability for the Amateur Radio Services … will not be certificated.)" See also Amendment of Part 95, Subpart E, Technical Regulations in the Personal Radio Services Rules, FCC 88-256, 1888 WL 488084 (August 17, 1988). This clarification was added to explicitly foreclose the possibility of certification of dual use CB and amateur radios, see id, and thereby deter use by CB operators of frequencies allocated for amateur radio use.
In addition, the Commission’s equipment authorization experts have determined that these devices violate or appear to violate a number of the rules governing CB devices. For example, they may use emission types not permitted, or emit RF power at a level in excess of the levels permitted in the CB radio service. See 47 C.F.R. § 95.639.
In view of the foregoing, the following "10-meter" transceivers are not acceptable for importation or marketing into/within the United States. Importation and marketing of these units is illegal pursuant to Section 302(b) of the Communications Act and Section 2.803 of the rules. Willful violations of the Rules and the Act may subject the violator to a monetary forfeiture of not more than $11,000 for each violation or each day of a continuing violation. The Commission continues to review this type of equipment, and additional makes and models may be added to this list in the future.
That part of the text refers to the "Citizens Band" service only. The amateur service does not fall under that text; it has it's own section, which is Part 97:
ARRLWeb: Part 97 - Amateur Radio Service
Again, you can use whatever you want on the Amateur service, as long as the emissions standards are in line with Part 97.
Part 97 comprises the entirety of the Amateur Radio regulations in the U.S. You can't add in other text from other sections.
ARRLWeb: Part 97 - Amateur Radio Service
Again, you can use whatever you want on the Amateur service, as long as the emissions standards are in line with Part 97.
Part 97 comprises the entirety of the Amateur Radio regulations in the U.S. You can't add in other text from other sections.
No, Rich, you are not reading the passage correctly. Notice how it it referencing part 95, not the part 97 Amateur service.
Please read my post carefully. I am not claiming that those radios are legal for sale. I am not claiming that they are legal on part 95 (CB).
I AM claiming that they are legal to USE on the HAM BANDS by LICENSED HAMS.
Please read the rulings again. They do NOT pertain the the AMATEUR SERVICE.
Your are correct in one respect---the ruling is clear, if you read it correctly and comprehend it.
Please read my post carefully. I am not claiming that those radios are legal for sale. I am not claiming that they are legal on part 95 (CB).
I AM claiming that they are legal to USE on the HAM BANDS by LICENSED HAMS.
Please read the rulings again. They do NOT pertain the the AMATEUR SERVICE.
Your are correct in one respect---the ruling is clear, if you read it correctly and comprehend it.
SO you see, we are being held to a double -standard. We can buy these illegal radios from Sparky's, RadioActiveRadios, GI Joe's, Walcott's, Bell, Copper, Custom, 'others', and every truck stop between Maine and California to boot. This means that there has been NOTHING done to stop us buying them and NOTHING to stop the FCC from catching any of us using them whenever the FCC feels like it.
Am I the only one that thinks this is strange?
Am I the only one that thinks this is strange?
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Rob, no you're not the only one that thinks it's strange. It's completely retarded.
Here's something else that will make your head spin: It's illegal for any non-ham to own a 100 watt linear amplifier. By owning the thing, it's assumed that you have used it:
"(c) The FCC will presume you have used a linear or other external RF
power amplifier if--
(1) It is in your possession or on your premises; and
(2) There is other evidence that you have operated your CB station
with more power than allowed by CB Rule 10, Sec. 95.410."
However, anyone can walk into Ham Radio Outlet and buy a 100 watt Icom 706.
Here's something else that will make your head spin: It's illegal for any non-ham to own a 100 watt linear amplifier. By owning the thing, it's assumed that you have used it:
"(c) The FCC will presume you have used a linear or other external RF
power amplifier if--
(1) It is in your possession or on your premises; and
(2) There is other evidence that you have operated your CB station
with more power than allowed by CB Rule 10, Sec. 95.410."
However, anyone can walk into Ham Radio Outlet and buy a 100 watt Icom 706.
so explain to me , why it is illegal to import or market these radios in the united states , but it is ok for a ham to own one ??????
where the hell am i supposed to buy one that is from a legal source ????
that presupposes that regardless of where i get one from
its still illegal ,
where does one extrapolate that uncle charlie is saying
"we dont want these in the united states "
but its ok for an amatuer radio operator to own one ?????
thats where i'm missing it !!!!!!
EXPLAIN PLEASE !!!!!!!!!!!!!:blink:
Oh boy.
I actually beg to differ with you, Mole. Notice how the last word of the first line is the word "and." That means, to me, that BOTH the conditions in line 1 AND line 2 must be true in order for the presumption that you have used the amp to be true.
In other words, in the absence of "other evidence" required by line 2, possession alone is insufficient to prove that you are violating the rule.
Now if it was "or" instead of "and", then you would be toast if found to be in possession of one.
Highlander, you're right but here's the problem: As soon as they inspect your CB and find out that it has been peaked to run even slightly in excess of the factory specs, they now have "other evidence". And everyone knows that just about every CB has been peaked before it ever lands in your hands.
I know it is strange. The dealer that imports it and markets it is violating the rule, not the buyer. Words matter. If they wanted to make the purchase, possession, or use of the rig to be illegal, they can use the words "it is illegal to buy, possess, or use these radios under part 97".
But they didn't do that, did they? They used the words "illegal to import or market".
Different words, different meanings. If you go buy a 2950 from Copper, Copper can get busted because they are violating the rules. You cxannot be busted, because you have a valid part 97 license. You can own or use ANYTHING YOU WANT and use it on the part 97 service!!
I can't make it any clearer than that.
