Baofengs illegal to use now?

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  • Ericpwp

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    https://www.techbargains.com/deal/453544/baofeng-uv-5r-ex

    Get'em cheap before they go the way of the dodo.

    https://docs.fcc.gov/public/attachments/DA-18-980A1.pdf

    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,8 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.9 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.10 Even if a two-way VHF/UHF radio operates solely within the amateur frequencies, the operator is required to have an amateur license to operate the device and must otherwise comply with all applicable rules.11 The Bureau will take very seriously any reports of failures of two-way radio operators to comply with all relevant rules and requirements when using devices in the amateur bands.
    (Emphasis mine)
     

    1911ly

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    They have never had FCC type acceptance. They have never been legal. It is, was. and always has been a black market radio in the USA.
     

    Cameramonkey

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    Technically, yes.

    Though I have yet to see an enforcement effort, and who knows I'm transmitting on a non-compliant radio if I am otherwise following the rules that really matter?

    This will be interesting to watch to see if it goes anywhere.

    IMHO this is overreach. They should at least allow for compliance. In CHIRP you can artificially limit the frequency range, so why not allow that? How is my cheap China radio tweaked to only work on HAM frequencies any different than a factory hard coded HAM only Kenwood? The FCC saying "you cant do that with that radio" is like saying I cant drive my 71 Ford Mach 1 with nitrous kit on 465 because I CAN hit the button and go stupid racecar fast. (and yes I COULD plug my 888 into a 50 watt external amp and obliterate a FRS frequency, but I wont. That's illegal)

    And I never saw the big deal about using a stock BF radio on the FRS/GRMRS frequencies SO LONG AS YOU MAINTAINED EFFECTIVE OPERATIONAL SPECS OF THE FREQUENCY AS DICTATED BY THE FCC. (power, attached handheld duck antenna, etc) There is no functional difference between a BF-888 with a rubber duck pumping 2W on a GMRS frequency than a clamshell GMRS radio with a fixed antenna.

    I really wonder who is behind this? iCom, Motorola, Kenwood, et al have some lobbyists working overtime? Trump's minions doing this as another dig at China since they are the majority of the source?

    As far as I am concerned, as long as you are following the law in a practical manner, its no harm no foul. It shouldnt matter that you COULD detach your antenna and plug in an aerial as long as you dont. Don't do actual harm, and follow the spirit of the law (keep your power down to appropriate GMRS/FRS frequencies, dont be a dick, etc) and everyone SHOULD be happy.

    But then again, .gov has never been impartial and made perfect sense.

    Now if they could point to overwhelming factual evidence of harm caused by these radios, then they might have my attention. But at this time, it appears to be either overreach or a part of Trump's anti import policies.
     

    Trigger Time

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    Everyone should have 5 or 10 or 20 of these baofengs anyways. If they stop working throw it in the trash and rotate it out with a new one or buy a new one. At $25-30 each it's a no brainer for anyone wanting to be prepared for a natural or man made disaster.
    Hell you can even make a poor mans repeater with these and put it into a modified ammo can or other water tight box and hoist it up a pole or tree and you've just increased your teams range.
    Communication is KEY in war and peace. I'll say that again. Communication is KEY in war and peace. Without effective communication you are reduced in strength and your AO is smaller. Comms are a force multiplier. This is why one of the very first things we take out when we go into an enemy country or after an enemy force is their comms. This is also one (1) reason why you will not be able to use your cell phone next to the presidents motorcade.
    More people need to take comms seriously.
    I wish we had an INGO comms group or something. There is a lot with these small radios and the programming that I would like to learn better. Technology is my weakness. I need to be shown in person how to program it or use it whether it be computers or these dang programable radios.
    Sorry for the rant, I just felt it is an important issue whether you are on a local county emergency CERT team or you are just preparing for tornados or floods or TEOTWAWKI or SHTF (beyond natural I mean)
     

    Ericpwp

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    I always saw this as the get out of jail free card.

    § 97.403 Safety of life and protection of property.
    No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available.

    Better to have it and not need it than otherwise.
     

    Trigger Time

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    I always saw this as the get out of jail free card.



    Better to have it and not need it than otherwise.
    Like I needed govt to write down that I have the right to stay alive lol. But some people do I guess and even more sad is that govt thinks if they dont issue permission that we cant do it.
    Govt exists at the will of the people and i do not need them telling me how to be free. You have the right to do everything until govt passes a law saying you dont, unless it harms someone else.
    I keep hoping a giant time machine with our founding fathers in it will apear one day to set things straight, but you'd instantly have lawyers who would get gag orders issued so that they could argue with them in court about what their own intentions were. I mean, if someone is willing to argue "shall not be infringed" then they are either dishonest or indigent.
     

    ljk

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    Any body wants my pre-ban radios? only $100 each.

    You can legally use it under emergency situations.

    I actually use it everyday at work, as an FM radio because where I sit in the shop, no other radio can get reception from 93.1 WIBC.
     

    spencer rifle

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    I wish we had an INGO comms group or something. There is a lot with these small radios and the programming that I would like to learn better. Technology is my weakness. I need to be shown in person how to program it or use it whether it be computers or these dang programable radios.
    ^^ This. If we can get Sailor involved we would have it made - his comm classes are exceptional. Using his instructions I just programmed two of these last week. We have our Ham group, but need something for us non-Hams.
     

    Cameramonkey

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    Any body wants my pre-ban radios? only $100 each.

    You can legally use it under emergency situations.

    I actually use it everyday at work, as an FM radio because where I sit in the shop, no other radio can get reception from 93.1 WIBC.

    What a coincidence!
    IMG_4691_sm.JPG


    ^^ This. If we can get Sailor involved we would have it made - his comm classes are exceptional. Using his instructions I just programmed two of these last week. We have our Ham group, but need something for us non-Hams.

    Or become a HAM. Its not hard. You dont even need to learn Morse code any more.
     

    lonehoosier

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    So please excuse my ignorance. So with these radios is there any channels you can use for two way communication without having a ham license.
     

    Cameramonkey

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    So please excuse my ignorance. So with these radios is there any channels you can use for two way communication without having a ham license.


    Yes. FRS and GMRS. Also MURS. These radios can transmit on all those frequencies, but are prohibited due to a stupid FCC rule. The rule says FRS/GMRS radios must have a fixed antenna. I can program these radios to use a GMRS frequency at 2 watts (max is 5) and since it has a removable antenna its automatically against FCC regs on that frequency, even though it has no actual real world impact as configured.

    Midland blister pack GMRS: fixed antenna, 5 watt output. Legal.
    BF-888 on GMRS: Removable antenna, 2 watt output. Illegal.
     

    fullmetaljesus

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    I'd be down for a meet up very 6 months or so to do radio stuff. Discuss emergency comm, ham radio, programming, new tech, theory, etc etc.

    Heck if enough if us are ham v.e.'s we could even do a test session to get more people licensed.
     
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