[W2CRA] CRA: FCC Cites Baofeng Importer for Illegally Marketing Unauthorized RF Devices

[William Powell]

>FCC Cites Baofeng Importer for Illegally Marketing Unauthorized RF Devices
>
>Posted date: August 02, 2018in: 
>
>The FCC has issued a Citation and Order ( ><https://docs.fcc.gov/public/attachments/DA-18-801A1.pdf ) to 
><https://amcrest.com/> Amcrest Industries, LLC (formerly Foscam Digital Technologies, LLC), an importer 
>and marketer of popular and inexpensive Baofeng hand-held transceivers, alleging that the company violated 
>FCC rules and the Communications Act by illegally marketing unauthorized RF devices.

>The FCC asserts that Amcrest marketed Baofeng model UV-5R-series FM hand-held radios capable of transmitting 
>on “restricted frequencies.”
> The Baofeng models UV-5R and UV-5R V2+ were granted an FCC equipment authorization in 2012 to operate 
>under Part 90 Private Land Mobile Radio Service (Land Mobile) rules.
>
>“Under § 2.803 of the Commission’s rules, an entity may not market a device that is capable of operating outside
>the scope of its equipment authorization,” the FCC Citation said. “RF devices that have been authorized
>under Part 90 rules, such as the model as issue, must operate within the technical parameters established in those
> rules.” The FCC also maintained that the UV-5R 2+ is capable of operating at 1 W or 4 W, while the Part 90
>Equipment Authorization limits the power output to 1.78 W.
>
>Amcrest conceded that the units were capable of operating on restricted
>frequencies but told the FCC that, per discussions with the manufacturer,
>were “only capable of operating at 1 W, the FCC said. The company instructed
>the manufacturer to fix the problem and later confirmed with the
>manufacturer that all Amcrest inventory on order and in the future would
>operate only on 145 – 155 MHz and 400 – 520 MHz.
>
>While the Citation does not mention Amateur Radio, the UV-5R series radios
>can be programmed in a channelized configuration to function on 2-meters and
>70-centimeters. According to the Citation, Amcrest had added a warning in
>its user manuals and marketing and sales materials implying that the UV-5R
>V2+ could operate on unauthorized and restricted frequencies, including Part
>87 Aviation Services frequencies, Part 80 Maritime Services frequencies, and
>frequencies reserved for federal government use. The FCC said Part 90 radios
>that permit the operator to use external controls to program and transmit on
>frequencies other than those programmed by the manufacturer are “generally
>prohibited.”
>
>Amcrest told the FCC that it had ceased marketing four models in the Baofeng
>UV-5R series “a few years ago,” but it did not remove them from its website
>until last February. Numerous online retailers continue selling UV-5R series
>radios for less than $25, with some ads indicating that these are “ham”
>equipment.
>
>Amcrest Industries, LLC, which owns and operates Baofengradio US, is an
>import, distribution, and marketing company based in Houston, Texas. It also
>sells hand-held transceivers under its own label.
>
>“While we recognize Amcrest’s efforts to date to achieve compliance with the
>Commission’s rules, the company must nonetheless ensure the version of the
>UV-5R V2+ it is marketing operates only on frequencies specified in its
>Equipment Authorization,” the FCC said in its Citation. The FCC directed
>Amcrest “to take immediate steps to come into compliance with the
>Commission’s equipment authorization rules and cease marketing unauthorized
>RF devices in the United States.” Amcrest could face fines of nearly $20,000
>per day if it fails to comply. 
>

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