Kristen, Jim Boehner et al:
Please keep this information Board-confidential.
This is a matter we are digging into. There are apparently multiple versions of this device. HQ reviewed for QST a 900 MHz version of it which would appear to be legal and the device seems to have a TCB certification (under Part 15) and an FCC ID number etc., though we are checking those. It is unclear whether all versions of the device have encryption capability, though some models do, and of course using them in that mode pursuant to an Amateur License with the encryption on would clearly violate Amateur rules. Nor are these devices marketed to amateurs. The product review is on hold pending a determination of legality of the particular device reviewed.
There are also apparently other models of the device which operate from 142-174 MHz and 420-512 MHz or similar. These devices are definitely equipped with encryption capability and are advertised as such. And they operate at a series of power levels, from 10 mW to 5 watts. They are not because of that subject to Part 15 certification.They are marketed to the general public, however. Since those devices are user-tunable, they cannot be certified under Part 90 for PLMR use. They would be usable for Amateur purposes at VHF and UHF but again, they are not being marketed to Amateurs. They are being marketed to the general public.
Longstanding FCC policy is that a device which operates on frequency bands that are allocated to different services must be certified for all radio services which have allocations on frequencies or bands on which the devices are capable of operation. So, the VHF and UHF version of the GoTenna cannot apparently be certified, nor legally marketed at all to anyone, or used except by amateurs, with the caveat that if an Amateur uses the device the encryption capability must be turned off at all times.
But we are still checking on this.
73, Chris W3KD