I will preface this article by stating that I am no lawyer. This article and the information contained, herein, is what I understand from the recent FCC Enforcement Advisory noted. If you have questions, you should contact the FCC. Do not depend on me, the Internet (unless it is the FCC web site) or your Elmer.
The FCC issued Enforcement Advisory No. 2018-03 on September 24, 2018. It begins, “The Enforcement Bureau (Bureau) of the Federal Communications Commission (FCC) has observed that a growing number of conventional retailers and websites advertise and sell low-cost, two-way VHF/UHF radios that do not comply with the FCC’s rules. … These radios must be authorized by the FCC prior to being imported, advertised, sold, or operated in the United States.”
The second paragraph hits home. “Many of these radios violate one or more FCC technical requirements. For example, some can be modified to transmit on public safety and other land mobile channels for which they are not authorized, while others are capable of prohibited wideband operations. Such radios are illegal, and many have the potential to negatively affect public safety, aviation, and other operations by Federal, state, and local agencies, as well as private users. Because these devices must be, but have not been, authorized by the FCC, the devices may not be imported into the United States, retailers may not advertise or sell them, and no one may use them. Rather, these devices may only be imported, advertised, sold, or used only if the FCC first has approved them under its equipment authorization process (or unless the devices operate exclusively on frequencies reserved for amateur licensees or they are intended for use exclusively by the federal government). Moreover, with only very limited exceptions, after being authorized, the devices may not be modified. Anyone importing, advertising or selling such noncompliant devices should stop.”
In case you are wondering what radios are included, they are all Chinese favorites. Baofeng leads the list along with BTech, TYT, Revetis and a number of others manufactured in China.
The FCC advises, “Anyone importing, advertising or selling such noncompliant devices should stop immediately, and anyone owning such devices should not use them. Violators may be subject to substantial monetary penalties.”
Radios that operate outside the amateur radio frequencies require a certification by the FCC or an authorized third party. If it operates ONLY on amateur radio frequencies, then no certification is required. One paragraph of the Advisory explains:
“Amateur Radio Exception. There is one exception to this certification requirement: if a device is capable of operating only on frequencies that the FCC has allocated for use by Amateur Radio Service licensees, it does not require FCC equipment authorization, and an amateur licensee may use his or her license to operate such radios. However, many two-way radios that purport to operate on amateur frequencies also operate on frequencies that extend beyond the designated amateur frequency bands. If a two-way VHF/UHF radio is capable of operating outside of the amateur frequency bands, it cannot be imported, advertised, sold, or operated within the United States without an FCC equipment certification.”
This might sound confusing until you realize that amateur radio is a do-it-yourself hobby and always has been. If you have the capability and can find the parts, you can build your own radio that works on any amateur radio frequency. You do not have to get a certification for it, but you must ensure it is complies with FCC technical regulations.
There was a time when you had to prove that you had an FCC license to purchase equipment. That was not an FCC regulation, just something retailers required. Since the recent dumping of illegal Chinese radios on the market, anyone could obtain a Baofeng or other radio from online sources, such as Amazon, many people purchase them without the realization that they have to have an amateur radio license to operate them.
An amateur radio operator in my area recently relayed a story to me while we were on the air. He asked if I had my scanner on, which I did not. He said that someone started transmitting a conversation on Arizona Department of Public Safety frequencies. DPS called them on it and they disappeared. He noted that it did not sound like a typical amateur radio operator. So it appears that people are purchasing these and plugging in whatever frequency they believe they can get away with.
This same problem occurs in the Part 95 world, as well. In the new Part 95 rules, the FCC forbids the selling of those combination Family Radio Service/General Mobile Radio Service radios because people ignore the regulation that you must have a GMRS license to operate on GMRS frequencies. You must now purchase an FRS or GMRS radio. The FRS is still licensed by rule, but GMRS DOES require a license no matter what you read on the Internet. The reason is technical. GMRS radio are more powerful and you can set up GMRS repeaters just like amateur radio uses. The difference in repeaters is that the FCC has already set aside coordinated input/output frequencies for GMRS that you are required to use. GMRS repeaters must identify the same as amateur radio repeaters, so you have to set in a call sign for the repeater.
You have NEVER been allowed to use Baofengs on FRS frequencies
I will admit that I put out bad information that was quashed by this Enforcement notice. I do not do that intentionally. I misunderstood some of the Part 97 regulations. I do know, however, that you cannot communicate between Part 95 and Part 97 radios.
Part 95 regulations forbid it.
§95.531 Permissible FRS uses. FRS units are primarily used for short-distance two-way voice communications between individuals. (b) One-way communications. FRS units may be used for one-way communications that are emergency messages, traveler assistance communications, voice pages or brief equipment tests. (c) GMRS stations. FRS units normally communicate with other FRS units, but may also be used to communicate with General Mobile Radio Service (GMRS) stations.
§95.533 Prohibited FRS uses. FRS units must not be used for one-way communications other than those listed in §95.531(b). Initial transmissions to establish two-way communications and data transmissions listed in §95.531(a) are not considered to be one-way communications for the purposes of this section.
§95.1733 Prohibited GMRS uses. (a) In addition to the prohibited uses outlined in §95.333 of this chapter, GMRS stations must not communicate: (9) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station;
This includes using your amateur radio cross-band radio as a GMRS repeater.
Part 97 forbids it.
§ 97.111 Authorized transmissions. (a) An amateur station may transmit the following types of two-way communications: (2) Transmissions necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications; (4) Transmissions necessary to providing emergency communications;
There are groups out there who are spreading the word that you can now talk to FRS radios with your Baofeng on low power because they are one-watt and FRS radios are now allowed two-watts. People have become angry with me and one lambasted me because I told them they were wrong. They said their people studied the new regulations thoroughly. Apparently they did not study the rules above.
They also did not study the technical specifications. Any radio transmitting on FRS must have a fixed antenna. I believe we can agree that you can change the antennas on Chinese amateur radios.
There are other technical specifications, but I believe I have made the point.
The problem that I see here is how can an amateur provide emergency communications with an FRS/GMRS radio if you cannot have a radio that transmits on those frequencies?
Does this mean the death of Baofeng?
What this advisory states is that any Baofeng (or other Chinese radio) you have already purchased probably does not comply with FCC regulations and you should stop using them. You will have to shell out a few more dollars for a Japanese radio that only operates on amateur radio frequencies. You should not dump that Baofeng in the next waste dump yet, however. I am not sure if there is a firmware fix that will make them FCC compliant.
Baofeng sells a GMRS model known as the BTECH GMRS V-1. This radio will only transmit on GMRS frequencies. It still has memory slots that you can program as scanner frequencies. I wondered why they did not program it to transmit on FRS frequencies since they are unlicensed. Someone pointed out the technical detail that FRS radios must have a fixed antenna. You can chance the antenna on the GMRS V-1 to a better antenna.
The run of Chinese radios for sale as of this writing (2 October 2018) on Amazon and other sources are probably illegal. You have to check the specifications on the radio. The RX list can be seven-pages long. That means it can only RECEIVE on those frequencies. The TX, however, must say:
TX 144 – 148 MHz
TX 430 – 450 MHz
If it TXs on any other frequencies, it is probably illegal for amateur use. That is, unless it has an FCC certification sticker with an FCC number that you can look up and check. Be aware that some of these Chinese radio imprint the FCC logo, but have no certification number.
SUMMARY
It is interesting that in previous years the FCC has allowed dumping millions of these radios on the market. All of the sudden, the FCC is enforcing regulations that have existed. I’ll let you work out any political possibilities.
In summary, stop using Baofengs and other Chinese radios for the time being. You must remember that you are required to allow the FCC to inspect your equipment at any time they request it. So if you are walking through a crowded mall in a QSO, an FCC representative noticing you can walk up and ask to see your radio. I suspect that they will probably give you a written warning. The FCC usually only goes after repeat offenders. You cannot bet your bank account on it, however.
So far, the FCC is going after online sources that are advertising these illegal radios. The most recent is AMCREST industries in August.
If you are planning to upgrade, you are going to have to spend more money. One model that is reasonable is the Yaesu FT-70 digital HT for around $170 to $220. You can get a 2-meter mobile Yaesu for around $150, such as the FTM-3200DR. The Kenwood TM-281A 2-meter is about the same price. If you want a dual-band, the price shoots up to about $350.
With any mobile, you may be able to use the Nagoya antenna you have been using if it is rated at 100-watts. Some of them are. But you might want a better antenna and you will have to add the RT Systems programming software because CHIRP probably does not work with these radios. If you want to use it as a base also, you will have to invest in a power supply. You can find a 30-watt power supply for about $80 online. Those are legal.