[W5SFA] Baofeng Info (Interesting)

[Dennis Email]

The FCC released a citation and order notifying Amcrest Industries, selling
Baofeng radios, that it is marketing an unauthorized RF device - a handheld
two-way radio - in violation of the FCC's rules.
"We therefore direct Amcrest to take immediate steps to come into compliance
with the commission's equipment authorization rules and cease marketing
unauthorized RF devices in the United States," the order said. "If Amcrest
fails to comply with these laws, it may be liable for significant fines of
up to $19,639 per day and other sanctions."
In March 2013, the Enforcement Bureau's Spectrum Enforcement Division (SED)
received a complaint alleging that Baofeng radio model UV-5R was capable of
transmitting on land mobile frequencies using the equipment's external
controls and operating at power levels above those specified in its
equipment authorization. In October 2017, SED issued a letter of inquiry
(LOI) to Amcrest, an authorized distributor of Baofeng radios, directing it
to submit a sworn written response to a series of questions relating to
these allegations. Follow-up letters were sent, and Amcrest responded.
Amcrest said it began marketing four models of the Baofeng radio UV-5R
series in June 2013; it ceased doing so with respect to three of them
(UV-5R, UV-5RA, UV-5RE) "a few years ago." The company nonetheless failed to
remove these three models from its website until February 2018, following
its receipt of the letter. Amcrest currently markets only one model of the
Baofeng radio UV-5R series, the UV-5R V2+.14
The company confirmed with the manufacturer that model UV- 5R V2+ is capable
of operating on "restricted frequencies," though it is incapable of
operating at power levels above those specified in its equipment
authorization. The company then instructed the manufacturer to rectify the
issue and subsequently confirmed with the manufacturer that "all [Amcrest]
inventory currently on order and in the future will operate only on 145-155
M[H]z and 400-520 M[H]z."
"While we recognize Amcrest's efforts to date to achieve compliance with the
commission's rules, the company must nonetheless ensure the version of the
UV-5R V2+ it is marketing operates only on frequencies specified in its
equipment authorization," the order said.
Amcrest is required to provide requested documents to the FCC within 30 days
from the citation. If Amcrest again violates the FCC's rules the commission
may impose sanctions for each such violation. For example, the commission
may impose forfeitures not to exceed $19,639 for each such violation or each
day of a continuing violation, and up to $147,290 for any single act or
failure to act.
The citation follows a February letter from the Land Mobile Communications
Council (LMCC) <https://www.rrmediagroup.com/News/NewsDetails/NewsID/16534/>
to Rosemary Harold, chief of the FCC's Enforcement Bureau, requesting a
meeting about the widespread use of noncompliant wireless devices. The
Enterprise Wireless Alliance (EWA), a member of LMCC, said in January it
would prepare the letter requesting a meeting
<https://www.rrmediagroup.com/News/NewsDetails/NewsID/16534/> .
"This enforcement action is long overdue, but it is welcome and most timely
nevertheless, given the explosion in importation and marketing and sale of
the radios to the general public," said ARRL General Counsel Chris Imlay.
"ARRL and JVCKENWOOD are grateful to EWA and LMCC for their leadership in
advocacy at FCC that led directly to this enforcement action."
Imlay cited several problems with certain radios imported from China and
elsewhere: The prices are so low that the manufacturers and importers are
"dumping" the radios in the United States in violation of U.S. antitrust
laws, harming competition; the radios are typically capable of field
programming, making them ineligible to receive grants of Part 90
certification, and thus it is impossible to legally sell or market them to
land mobile eligibles; and they have not typically been tested for spurious
or harmonic emissions compliance.
"None of this is important to these unscrupulous manufacturers or importers
because their actual market is the general consumer market," he said. "Many
radios come pre-programmed on public safety, critical infrastructure or
industrial/business/land transportation (I/B/LT) channels.


Dennis H. Cody
dhcody at att.net
281-844-0985


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