[W5SFA] Baofeng Info (Interesting)

[Gilbert Franke]

Thanks for the post, Dennis.  I thought they were going to make us all give
our Baofengs back!!

-- Gil WB5RFQ

On Thu, Aug 9, 2018 at 3:31 PM Dennis Email <dhcody at att.net> wrote:

> 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 <dhcody at att.net>*
>
> *281-844-0985*
>
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-- 

----
Gilbert A Franke <http://www.gilbertfranke.com>
(361 442 6008 - cell)
130 N Harris Street
Bellville TX  77418
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