[Boatanchors] Legal To Sell Or Not?

[Jim Wiley]

Duane -


Let me see if I can help a bit, one question at a time:

Since it was used by the military, would it not be illegal for civilians to send CW 
with it nowadays?


No, it is not. The fact that the set may have been used by the military 
conveys no "secret authorization" or prohibition against "civilian" use. 
There may have been some rules that were in effect during wartime, but 
that was long ago. Such equipment is simply described as "antique 
electronics apparatus" these days.


I am wondering; is it legal for the owner of a business to sell radio 
equipment capable of transmitting voice or CW signals to a buyer who is not 
licensed to operate such equipment? Even if licensed, what about the set 
being configured to transmit on restricted military frequencies?


Yes, such equipment can be sold legally to "civilians".  There is 
nothing in the rules that prohibits a person from owning equipment, even 
transmitting equipment, of any capability.  As long as the set is not 
actually activated and a signal is emitted "on the air", there is no 
problem.  There is no restriction on using such equipment for receiving 
either.  Well, actually, there is a minor exception here:  It is not 
legal to sell new equipment that is capable of receiving certain 
cellphone signals, but I don't think the restriction applies to 
equipment manufactured many years ago, specifically WWII "surplus" 
hardware.  


If the equipment is capable of transmitting, and the owner has a license 
for  the frequency, it can be used on the air without restriction, 
provided it is either (1) used on amateur radio frequencies by a 
licensed ham, or (2) type accepted for commercial use on frequencies 
allowed for commercial use.   Now, it is true that most, if not all,  
WWII surplus electronics does not meet type acceptance requirements for 
use under today's rules, but if it did, it could be used.


Even if licensed, what about the set being configured to transmit on restricted military frequencies?



"Military frequencies" are just "ordinary" frequencies that have been 
reserved for military use.   During time of war, particularly during 
WWII,  severe restrictions were placed on use of radios by civilians, 
including amateur radio licensees.  During other times, the FCC 
administers on-government use of the radio spectrum.  The US government 
manages the same spectrum for federal users via the National 
Telecommunications and Information Administration (NTIA), and the 
military has their own spectrum managers.  Each group coordinates with 
the others.


During peacetime these restrictions are reduced or rescinded entirely, 
and normal civilian communications can resume.


The fact that a piece of equipment was originally built for and/or 
purchased by the military does not convey any "secret" use restrictions 
once the equipment has been released.



Hope this helps.



- Jim,  KL7CC


Duane Fischer, W8DBF wrote:
> Hi All,
>
> I just finished 'watching' a program on television that showed a pawn shop 
> owner purchasing a WW2 portable communications set. Possibly used by "Coast 
> Watchers" or spies for the Americans or British agents.
>
> It received and sent Morse Code. I assume it was xtal controlled. Since it 
> was used by the military, would it not be illegal for civilians to send CW 
> with it nowadays?
>
> I am wondering; is it legal for the owner of a business to sell radio 
> equipment capable of transmitting voice or CW signals to a buyer who is not 
> licensed to operate such equipment? Even if licensed, what about the set 
> being configured to transmit on restricted military frequencies?
>
> I am counting on those of you much wiser and experienced then many of us to 
> clarify this issue. Thanks in advance for your enlightenment.
>
> Duane Fischer, W8DBF - WPE8CXO
> E-Mail: dfischer at usol.com
> Hallicrafters web site: www.w9wze.net
> HHRP web site: hhrp.w9wze.net
>
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