Doug, the problem as I see it is that the radios can be imported and pre-programmed for U.S. amateur operation and there is no point of sale control here for amateur equipment of course, so the importer and manufacturer isn't really violating any rules. If they are marketing them specifically to unlicensed individuals and we have some marketing materials that constitute a smoking gun, that might provide some basis for getting to the bulk retailer. But the statutory and regulatory violator is really the unlicensed hunt club members who are using these radios. And getting FCC to bust them is the real trick. We have had a very tough time over a lot of years trying to keep the truck stops from selling 10-meter mobile radios to truckers. If this problem occurs in Florida, we might be able to use the Florida statute that was intended for Broadcast pirates that allows local law enforcement jurisdiction over unlicensed radio operators. But those statutes only exist in Florida and New Jersey. 73, Chris W3KD On Tue, Aug 11, 2015 at 2:41 PM, Doug Rehman <doug@k4ac.com> wrote:
So what would be the best course of action to pursue?
Doug
K4AC
*From:* arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] *On Behalf Of *Doug Rehman *Sent:* Tuesday, August 11, 2015 12:15 AM *To:* ''arrl-odv'' <arrl-odv@arrl.org> *Subject:* [arrl-odv:24600] FW: 2M FM
An interesting email from one of my Assistant Directors…
Doug
K4AC
*From:* n2cei@downeastmicrowave.com [mailto:n2cei@downeastmicrowave.com <n2cei@downeastmicrowave.com>] *Sent:* Monday, August 10, 2015 9:32 PM *To:* Doug <doug@k4ac.com> *Subject:* 2M FM
Hey Doug, Got a problem Up here that appears to be escalating. I don't know if you have heard of any complaints about non licensed operators on 2M FM or not. We had a flurry of them around here last hunting season. The local hunters have given up on the CB sets and have found that 25-50 watt 2M mobile rigs work great ! They have been sort of confined to 146.52 and 55 for what ever reason. So-- two days ago, " JDC Number 1" asks for a radio check on our local repeater . I assumed since the radio was programed for the correct split and Encode/Decode, it was a local Ham that sold his rig to the highest bidder because I can't believe that a non ham would know how to find the correct information and if so, why would he? . BUT-- Today, A member of our club has a good friend that is in a local Hunt club. He was informed that the hunt clubs have found BaoFeng handhelds and buy them at the "20per shipment rate" for $25 or so. What the seller in China now promises is that they will program them for all of the area frequencies if you supply a Zip code. so-- what do you think the Hunters do! They just switch to channel 2 and see whats going on there. Thats why JDC #1 was upset when I told him that he required a license to operate that radio on the ham bands and he went on to tell me where I could stick it because "I spent good money for this rig and no one is gona tell me what to do with it!"
So-- Who should I make aware of this problem and how do I help solve it.
Steve
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