Use of Baofeng radio

[stan2019]

I know these are ham radios. If you program a Baofeng UV-5R to GMRS channels do you still need a ham license to use them as GMRS?

[RickW]

Unless a transceiver has FCC certification for compliance for GMRS (Part 95E), it would be illegal to use such a radio for transmitting, unless perhaps it is certified for Part 90.

 

Amateur radio, Part 97, is a completely separate service and has no bearing on the licensing or use of radios on GMRS, other than the fact that holders of a ham license might not want to do anything that could jeopardize their license by illegal operation in another FCC service.

[coryb27]

If you program a Baofeng UV-5R to GMRS you need a GMRS licence. I see you understand that the radio is indeed a HAM radio and by the part 95 rules that your GMRS licence is authorized forbids the use of such equipment on GMRS. I won't get into all the details but here is the simple and best way I know how to explain this. Since no test or radio knowledge is required to get a GMRS licence its operating rules require certified transmitters to maintain the integrity of the service. GMRS is located within a tiny sliver of the part 90 commercial radio service used by business, ambulance services, fire depts, and well you get the picture. By using non certified low quality transmitters you risk causing harmful interference to other licensed services, if caught you will be held accountable. I am not here to tell you what you can and can't do but I hope you take something away from my ramblings because in the end the choice is yours. 

[taco6513]

Well said Corey.

[WRAK968]

Its also important to note that the FCC just sent out a letter of violation to Baofeng within the past few months because of the marketing of non-certified radios for part 90/95bands. Baofeng does have a part 95 certified radio, the BTECH GMRS-V1 which has been tested and approved for GMRS applications.

[marcspaz]

No, you don't need an amateur radio license to transmit with any radio on GMRS.  You do need a GMRS license to transmit with any radio on the GMRS frequencies.

 

There are no license requirements to listen to any radio frequency.  There are only restrictions and licensing requirements for actually transmitting, and those requirements change depending on what frequencies you want to transmit on.

 

For the radio specifically, the Baofeng UV-5R has a bandwidth utilization that is too large for FRS and GMRS.  If you cause harmful interference with adjacent channels or services, you may have repercussions.  Just something to be aware of.

[Elkhunter521]

Hi, You have options:

 

1. Use a part 95 radio on GMRS.

Limited options that are not bubble pack and have been reclassified as frs radios.

It is legal.

 

2. Use a part 97 radio on GMRS. ( ham radio)

This is a cheap alternative. These are usually cheaper radios dominated by Bao Feng brand. These radios have problems broadcasting a signal that is clean and not interfering with other frequencies that may belong to emergency services. The use of these radios on GMRS is illegal.

 

3. Use a part 90 radio. This is a commercial radio that if you can find the software can be programmed to GMRS use. The best opinion (that ive found) has the FCC will ignore if not allow part 90 radio usage in part 95 service.

[stan2019]

Thanks for all the input. I know it is not legal and there is a Approx. $20,000.00 per day fine and prison time if caught. I was only going to use it to test my MTX400 for range, and maybe for emergency use when stuff hits the fan.I try to stay legal.

[marcspaz]

Actually, that fine amount is not correct.  It's listed in CFR-2010, Title 47, Volume 5, Part 95.

 

The fine is "up to" $500 per day, if found guilty in a federal court of law, for willfully and knowingly violating any FCC rule.  Also, there is a maximum fine of $10,000, 1 year in federal prison or both, if found guilty in a federal court of law for willfully and knowingly violating any provision of the Communications Act.

[Downs]

Good luck finding anyone who has actually been charged for that.  You have to be a pretty flippant repeat violator to get the attention of the FCC especially using some low power HTs, and if history shows us anything you would get a pile of cease and desist letters first before any real action was taken.  If they aren't going to jail multiple well known offenders on the HF bands that were sent letters for 9 years before being fined and having their equipment confiscated I doubt Joe Blow with a HT is going to even show up on their radar unless they start stepping on the wrong toes.   

 

It's not like the FCC has the time or manpower to go around the country monitoring every transmission and then trying to find out if the radio isn't certified.  It's not like the radio transmits a "hey I'm not type certified" at the start of every transmission.   

 

Stay out of spectrum you aren't supposed to be on and don't go advertising what you are doing to everyone and you'll be hard pressed to find anyone that's going to be able to figure out you aren't on a type certified radio.

 

But do so at your own risk

[BoxCar]

Actually, that fine amount is not correct.  It's listed in CFR-2010, Title 47, Volume 5, Part 95.

 

The fine is "up to" $500 per day, if found guilty in a federal court of law, for willfully and knowingly violating any FCC rule.  Also, there is a maximum fine of $10,000, 1 year in federal prison or both, if found guilty in a federal court of law for willfully and knowingly violating any provision of the Communications Act.

You are definitely out of date regarding the penalties that the FCC can assess. It is up to $16,000 per day per violation with a cap over 100K. I suggest you get a more current copy of the regs as your 2010 edition has been changed many times. As a book, it's published every 2 years so that would make yours at least 4 versions behind.

[marcspaz]

You are definitely out of date regarding the penalties that the FCC can assess. It is up to $16,000 per day per violation with a cap over 100K. I suggest you get a more current copy of the regs as your 2010 edition has been changed many times. As a book, it's published every 2 years so that would make yours at least 4 versions behind.

 

Thanks for the heads-up.  I was on the FCC site and that was the only one I found.  I'll see if I can find a more recent one.  Corey pointed out something to me earlier today that led me to think I was reading an archive, too.

 

 

 

EDIT:  From the FCC website...  e-CFR data is current as of April 4, 2019.  Am I missing something?  Anyone have a link to something more appropriate?

 

https://www.ecfr.gov/cgi-bin/text-idx?SID=8f8e1be3073f7e8cb87b6b5bbb781164&mc=true&node=se47.5.95_1313&rgn=div8

 

§95.313   Penalties for violations of the Communications Act or FCC rules.

Operators of Personal Radio Service stations may be assessed penalties for violations of the Communications Act and the FCC Rules.

(a) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any provision of the Communications Act, that operator may be fined up to $10,000 or be imprisoned for a period not exceeding one year, or both. Upon a subsequent violation, the imprisonment may be for a period not exceeding two years. See §501 of the Communications Act (47 U.S.C. 501).

( b ) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any FCC rule, the operator may be fined up to $500 for each violation, or in the case of a continuing violation, $500 for each day that the violation continued. See section 502 of the Communications Act (47 U.S.C. 502).

© If the FCC finds that a Personal Radio Service station operator has willfully or repeatedly violated one or more sections of the Communications Act or of the FCC Rules, that operator may be liable for forfeiture. See §1.80 of this chapter for details about the forfeiture procedures and amounts.

(d) If the FCC finds that a Personal Radio Service station operator is using a Personal Radio Service station in a way that violates one or more sections of the Communications Act or of the FCC Rules, the FCC may order the operator to cease and desist (i.e., immediately stop operating the station). See §312( b ) of the Communications Act (47 U.S.C. 312( b )).

[coryb27]

Looks correct to me, I think BoxCar's made a mistake or is quoting from a different reg.

[marcspaz]

Thanks Corey. I have been struggling with following some of the code (which you and I have been discussing) and want to be sure I am not giving bad info.

[BoxCar]

I played primarily in 90.20 and 90.35

[JoshuaT]

I've been trying to set up my 82hf radio for gmrs but for some reason I hear nothing. I contacted my local repeater and got permission but cannot figure it out. I was part of a group buy and only my frs and ham channels receive and broadcast. I just want to be able to listen just in case.

 

Any thoughts? I'm very new to radios.

 

Sent from my LGMS631 using Tapatalk

[marcspaz]

If all you want to do is listen, all you have to do is enter the simplex frequency via the keypad. The repeater outputs are the same frequencies as the simplex frequencies.  It should only be more than that if you want to setup the duplex function.  That would require going through your manual to learn how to setup the duplex function and the offset.

[Elkhunter521]

As Glenda, the good witch of the North would say:

 

Are you a good witch, or a bad witch?

(Wizzard of OZ reference)

Play by the rules! Anything else will result in GMRS going the way of CB radio.

[Logan5]

These radios "Field programmable"  are dangerous in the wrong hands. Way to easy to change freq. and accidentally key up on restricted frequencies. This may seem innocuous, but could have disastrous ramifications if it interferes with emergency services, causing death. I can not stress how easy it is to cause this type of interference with this "wrong type radio on GMRS",