[450] per QSO of 3-5 on 450

[David McKenzie]

Only illegal to import or market. If you already have one, or have the
opportunity to acquire one domestically in a private sale (marketed
seems to imply advertised for sale by a dealer), then operate on my
friends!

On Tue, Mar 5, 2013 at 11:26 PM, Bob <n1ujs at toast.net> wrote:
> ILLEGAL CB TRANSCEIVER LIST
>
> The 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© 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©. 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©.
> A CB transmitter must be certificated by the FCC prior to marketing or
> importation. 47 C.F.R. §§ 95.603©; 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.
>
> LIST OF TRANSCEIVERS ILLEGAL TO IMPORT OR MARKET
>
> GALAXY - models: DX33HML, DX 44V, DX55V, DX66V, DX 73V, DX 77HML, DX 88HL,
> DX99V and Saturn Turbo
>
> CONNEX - models: 3300, 3300HP-ZX, 3300 PLUS and CX-3800
>
> MIRAGE - models: 44, Galaxy 88, 9900 and 2950EX
>
> NORTH STAR - models: NS-3000 and NS-9000
>
> PRESIDENT - models: Grant, J.F.K., Jackson, Lincoln, HR-2510 and HR-2600
>
> PRO STAR - model: 240
>
> RANGER - models: AR-3500, RCI-2950 and RCI-2970
>
> TEK - model: HR-3950
>
> UNIDEN - models: HR-2510 and HR-2600
>
> SUPER STAR - model: 121
>
> For further information concerning the listed transceivers or similar
> models, contact Ray LaForge or Gary Hendrickson at the FCC Laboratory, 7435
> Oakland Mills Road, Columbia, MD 21046, (301) 362-3041 or (301) 362-3043
> respectively, or E-mail: rlaforge at fcc.gov and ghendric at fcc.gov
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