Three days ago, the FCC published Enforcement Advisory, No. 2018-03. 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. Such devices are used primarily for short-distance, two-way voice communications and are frequently imported into the United States. These radios must be authorized by the FCC prior to being imported, advertised, sold, or operated in the United States.
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 immediately, and anyone owning such devices should not use them. Violators may be subject to substantial monetary penalties.
This advisory seems aimed squarely at radios, such as the Baofeng UV-5R and other inexpensive Chinese radios, and a lot of hams are worried that a) they won’t be able to get cheap Chinese radios anymore, and b) the radios that they currently have are now illegal.
Fortunately, that’s not the case. Having done some work for BTECH, a company that sells a lot of Baofeng radios, I asked them how they read this enforcement advisory. What they said is that what is illegal is selling radios without FCC certification or selling radios “outside of their designed use.” The example they gave me would be selling a UV-5R for FRS use.
This morning, on reddit, Noji, KN0JI, posted the text of an email exchange that he had with Scott Stone, Deputy Chief, Mobility Division of the FCC’s Wireless Telecommunications Bureau. Noji asked,
Does Part 95. 591 mean that all Baofeng UV-5R and UV-92 radios (which can transmit [on] FRS and GMRS frequencies) will become illegal to buy or sell in the U.S. after September 2019, even for amateur use?
To which, Stone replied,
No. Those devices to not have Part 95 certification, so they are not authorized for use in FRS or GMRS. i.e. they are not capable of operating under this subpart. They can be used by amateurs, but only on amateur frequencies.
So, there you have it. If you’re ever in Ann Arbor, MI, give me a call on the W8UM repeater (145.23-, 100 Hz PL), and I’ll (legally) answer with one of my Baofengs.
UPDATE 9/28/18: I should have listened to Bob, K0NR, who, in his comment below says, “This story is far from over.” Apparently so. See FCC Back pedals — All transceivers capable of transmitting on frequencies that require certification must be certified and can not be used on Amateur radio for more info. It may just be that the FCC does consider these radios to be illegal for use on amateur radio frequencies. Frankly, this discussion is over my head. I guess that we’ll see how concerned we have to be when the FCC starts shutting down companies selling these radios or actually confiscating them from hams.
It seems to me that the manufacturers could sidestep all this legal turmoil by simply producing service-specific models that are programmed to transmit only on those frequencies of that particular service. The hardware needn’t change, just the software.
UPDATE 10/3/18:
The ARRL has now gotten involved in this discussion. Their position is that these radios are legal for amateur radio use. I expect the FCC to issue another clarification at some point stating this.