There has been ongoing discussion within the amateur radio community since September 24, 2018 in reference to the public release of the FCC's Enforcement Advisory Notice, DA-18-980A1. Included below are some useful resource links regarding this important matter. I believe that you will find them informative:
FCC Bombshell on Chinese Handhelds (#174) video - Thank you for all your countless Ham radio contributions, David. You are the man!
October 2018 Channel Update (APRS, Baofengs, and Buying Used) video - Thank you Michael KB9VBR for all your many contributions to Ham radio as well!
FCC Call with Laura Smith video - Thank you Laura and Lucky225 for your effort to seek further clarity in this significant matter.
ARRL, FCC Discussing Issue of Uncertified Imported VHF/UHF Transceivers - And, thank you ARRL for everything you do! I remain a proud supporter and member and encourage other radio amateurs to do the same.
To begin with, my disclaimer... I am no expert in this matter. I will likely not be unable to answer your questions; legal, technical or otherwise. I am not a lawyer. I am not offering legal advise to anyone, nor trying to influence your choices in any way. I'm simply a licensed amateur radio operator. I operate lawfully within my permitted frequency ranges and follow required protocols. I believe that all licensed Hams strive to operate with that same courtesy and obligation. When mandated, I do and will dutifully comply with the FCC's regulations without hesitation to the best of my understanding. It is our responsibility to comply with these regulations as specified for the greater public good. I'm merely sharing my thoughts and personal understanding about this important subject herein.
The aforementioned FCC mandate (see above link) pertains to some radios built and imported from overseas by manufacturers such as Baofeng, TYT, Hytera and others in reference to their compliance with FCC certification requirements. What seems to be the focus of the FCC's enforcement advisory relates largely to radios being manufactured with extended transmit range capabilities, and the FCC's understandable concern that U.S. operators would be capable of transmitting beyond approved band privileges on these radios, thus creating unauthorized interference on other public and critical non-public frequency bands. Additionally, the concern that "unlicensed" owners are capable of (and may be) purchasing and unlawfully operating such radios without reasonable oversight.
Some [handheld] radios could be or are configured to transmit outside of FCC-certified and/or amateur licensed-privileged ranges, such as the common 2m and 70cm bands; 144.000 thru 148.000 VHF and 430.000 thru 450.000 UHF respectively. Licensed operators are required to operate within frequency ranges permitted to their license(s) [barring imminent danger] and within a radio device's FCC-certified operating ranges to fully comply with current regulations, which would include cessation of all operation and continued import/sale of radio devices that have been deemed non-compliant within the FCC's mandated guidelines. Further licensing and/or certification is required to operate beyond commonly featured [handheld] technician-class frequency ranges in US-governed territories. And, as a VERY pointed reminder to "unlicensed" owners of amateur radio equipment, it is unlawful for any transmit operation (and in some instances any operation whatsoever) of license-required radio equipment without the possession of a valid FCC radio license befitting such equipment within US-governed territories under penalty of law.
These are the very heart of the FCC's initiative and Ham community's current discussion with the FCC about these matters, and perhaps a desire for some self-governance herein. Important questions that have been tendered for further clarification are:
"May such radio equipment with the potential or ability to operate on extended ranges be also allowed to be operated (wherein purchased or owned prior to DA-18-908A1 advisory) by a licensed operator using them exclusively and lawfully within licensed frequency ranges [per Part 97]?"
And, "What steps must be taken to prevent radio equipment requiring a valid FCC license [to operate] from being acquired and/or operated by 'unlicensed' individuals?"
I believe the FCC is addressing these fundamental concerns, and whether it needs to further act to enforce regulation adherence, thus removing any possibility of operator, vendor and manufacturer non-compliance unilaterally. I do not fault the FCC for it's initiative in protecting our airwaves. There is a lot at stake considering the full measure of all amateur, commercial and emergency services making use of radio communication frequencies every day, 24/7. I wholeheartedly respect that and look forward to any added clarification from the FCC upon this matter.
My present advice, solely as one licensed amateur to another, is research your radio device and it's current FCC compliance. Follow all FCC regulations as set forth and operate only FCC-certified radio devices, exclusively within your license privileges, following all operational protocol as designated by these same regulations.
To US vendors of radio equipment, I would encourage you to include a disclaimer on your item sales page(s) that the radio or device presented for sale therein requires a valid FCC license for [transmit] operation, and may NOT be certified for licensed amateur use [where applicable].
While FCC compliance pertains to all analog and digital radio devices, this particular initiative seems to deeply affect many imported transceivers models, some of which are DMR-capable. Bear in mind that the FCC is keeping it's commitment to protect and preserve, not only our niche in amateur radio but, all broadcast frequencies that serve the public, commerce and government. Be patient, be diligent and keep apprised of ongoing changes in the amateur radio service community.
I feel that the licensed Ham radio community is very responsible, self-reliant and personally accountable in adhering to all operating regulations while mutually respectful to broadcast operators globally. I hope that the FCC will see my opinion in the same light and afford us some latitude in self-governance and mutual trust going forward, allowing the continued operation of such aforementioned devices, wherein their purchase predates the DA-18-980A1 enforcement advisory, within the hands of licensed and law-abiding operators.
In the meantime, please consider all your radio choices and operations with an informed conscious and a positive outlook, and stay involved with the Ham radio community as a participating member. A great way to share your support is by joining the ARRL today as a licensed amateur operator.
73,
Patrick, K3NYJ
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