[450] per QSO of 3-5 on 450

[David McKenzie]

And obviously illegal to operate on CB

On Tue, Mar 5, 2013 at 11:37 PM, David McKenzie <k1fsy at vhfwiki.com> wrote:
> 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
>> _______________________________________________
>> 450 mailing list
>> 450 at lists.vhfwiki.com
>> http://lists.vhfwiki.com/cgi-bin/mailman/listinfo/450
>>