[Milsurplus] "More FCC Foolishness"

[Glen Zook]

MURS and FRS require certificated (new "buzz word" for "type accepted") radios.  It is the same thing for 47 CFR Part 95 Subpart D ("CB") radios.  In fact any 47 CFR Part 95 radios MUST be certificated.

If you get "caught" using non-certificated radios on any frequency on which certificated radios are required you may receive one, or more, of the following penalties:

Fines of up to $11,000 per day per radio.

Have the equipment confiscated by Federal authorities.

Be imprisoned (means "go to jail").

If you hold an amateur radio operator's license you can lose the license and not be allowed to get another one for the remainder of your life.

The FCC generally "comes down harder" on licensed amateur radio operators who violate the rules concerning certificated equipment.  This is because an amateur radio operator certifies, by signing his/her license application, that they know and will obey all regulations concerning operation of radio equipment and that certification is not just concerning the regulations contained in 47 CFR Part 97 but all of the regulations contained in 47 CFR.

47 CFR is the Code of Federal Regulations Section 47 "Telecommunication".  This section is basically "The Bible" for the Federal Communications Commission.

The FCC has definitely "caught" people using non-certificated radios and have awarded all of the punishments possible to various individuals.  The ARRL often reports on those amateur radio operators who have been "caught" as well as specific cases which concern amateur radio.  However, there are definitely more violations which are reported by the FCC and that are not reported by the ARRL.

It is legal to use certificated equipment on the amateur radio bands but it is not legal to use amateur radio (or any other non-certificated equipment) equipment on those bands which require certification.  It does not matter if the power is reduced, the deviation reduced, etc., it is still illegal to use non-certificated equipment on frequencies where certificated equipment is required.

Even if a particular amateur radio unit can meet the technical specifications required (the vast majority cannot), the fact that the frequency can be "dialed in" precludes certification of amateur radio equipment.  The Aviation Service is the only other major radio service in which the ability to "dial in" a frequency is allowed.  But, radios for aviation have to be certificated for use in that service.

With the exception of radios certificated for the 47 CFR Part 95 Subpart D ("CB") there is no 47 CFR Part 15 receiver certification for commercially manufactured receivers capable of receiving below 30.0 MHz.  Then, up to 960.0 MHz there is a certification requirement that is very easy to acquire.  Above 960.0 MHz there is no 47 CFR Part 15 certification requirement.

With the exception of commercially manufactured external r.f. amplifiers capable of operation below 144 MHz there is no certification requirements for amateur radio equipment.  Although there definitely are technical specifications contained within 47 CFR Part 97 it is the responsibility of the individual operator to make sure that his/her equipment meets these specifications.  Although one would hope that commercially manufactured amateur radio equipment does meet these requirements, there is no legal responsibility placed by the FCC on the manufacturer.  Unfortunately, all responsibility is placed on the operator of the amateur radio equipment and not on the manufacturer.

Glen, K9STH

Website:  http://k9sth.com


--- On Tue, 9/14/10, Dennis Weal <w4eal at gmx.com> wrote:

There are several ways to go in using Mil surplus rigs without a license and several more if you are a Ham.
 
There is a service called MURS which allows license free use of 5 channels in the VHF hi band. 151.830, 151.880 and 151.940 Mcs can be used with the old narrow modulation of 3 kcs. In addition 154.570 and 154.600 Mcs can still use 5 kcs deviation. All these are FM. Maximum output power of 2 watts with no restriction on antenna height (except FAA). Prc-127 and Prc-127A radios can be turned down to 2 watts easily.
 
Family service freqs in the 462-467 Mcs band is license free as long as 250 mw output power is observed. Most Mil surplus radios cannot be turned down to this level but can be swamped or attenuated to meet the requirement. 
 
And of course good old class D CB freqs at 26-27 Mcs is available too. 
 
Now I know the purists will jump all over this but you can go to wally whirrled and buy so called family service radios with 22 or more channels BUT only 14 of those channels are license free. The balance are GMRS freqs which require a license. And most of the high power radios produce 4-5 watts of power ( the ones that say 20-50 mile range [phat chance]). So if you have a service monitor and a spectrum analyzer you can get the proper modulation or deviation specified for the band you are using and even if the radio is not type accepted you won't violate other users bandwith. Check the receiver osc so that you don't violate FCC part 15 for sperious emissions.
 
OR you could go and get a ham radio license. Just memorize some answers from the study guides and you are in. If appliance operator CB's can get licensed then anyone with enough intelligence to restore old Mil gear certainly can. Ham radio gear doesn't have to be type accepted by the FCC gods.