Sent: Sunday, December 28, 2014 12:15 PM

To: ODV

Subject: [arrl-odv:23680] Part 90 Certified Advertising

I was just reviewing a packet of information that was sent to a new licensee, which contained an ARRL Quickstart Guide, experience Ham Radio with ARRL flyer and the attached flyer from Radio City.

Although I commend the Membership folks for their constant effort to recruit new members, I question the wisdom of advertising Part 90 equipment - in that Amateur Radio Operators are not allowed operate Part 90 frequencies with an Amateur Radio License, with Amateur equipment.

Already, here in the NW and I understand in other places, these radios have been purchased by various groups, believing that they can just be changed to Narrow Band (now required for Part 90) and a Part 90 frequency, and be in full compliance with the Commission. Because these radios can be programmed by the operator - using the keyboard - in the field, that appears to make them non-compliant. While I recognize that chasing after improper use of $60 handhelds is quite low on the priority list of the Commission, I strongly feel that ARRL, in advertising Part 90 equipment, is giving the wrong idea to the new Ham and the general public.

We are the National Association for Amateur Radio, not an organization for Public Service Land Mobile. I think it is in our best interests not to advertise the Part 90 capability of a radio, even if the manufacturer claims Part 90 certified, which the flyer claims. Please give this some thought; I'm not trying to stir the pot, but am concerned for our market image. (excerpt from 90.203 below my signature).

§90.203(e). Except as provided in paragraph (g) of this section, transmitters designed to operate above 25 MHz shall not be certificated for use under this part if the operator can program and transmit on frequencies, other than those programmed by the manufacturer, service or maintenance personnel, using the equipment’s external operation controls.