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Posted

Simple question, complex answer. From a radio perspective, it is completely compatible. That means you could transmit on that radio, and be heard on a GMRS radio, and vice versa. However, that radio is not specifically approved for use on GMRS. How you feel about using a non-approved radio is up to you. I will not go into that discussion here because it has been covered many times on this forum.

Posted

The rule applies to the SELLER if the radio is marketed as approved for a class it is not. They skirt the rule by marketing it in approved areas but make it modifiable to operate outside of the approved classes.

Posted

Suffice it to say, the rule works both ways if the radio is used in a service it isn't certified for, the FCC can come after the user. If the radio is advertised or marketed toward an uncertified use the seller is charged.

Posted

Gotta love the internet.. Ask a question and get two complete opposite answers..  I don't care anymore since as I mentioned earlier, it really doesn't matter  - but I will let you guys argue over who's smarter/who's right/who's wrong...

That is a bit snarky isn’t it? Read both responses carefully. They are both completely true as written and are complementary, not contradictory.
Posted

To help answer the OP's questions...  as mentioned above, it is very capable, but not legal.  It is not legal because it is an Amateur Radio device, not a Part 95 certified device.

 

To address some of the other points, and to compliment other replies, I provided a quick overview of the rules below.  These are per the Electronic Code of Federal Regulations.  It looks like the ultimate responsibility is on the operator, as to where/how you use devices.  However, there are some manufacturer restrictions as well.  https://www.ecfr.gov/cgi-bin/text-idx?SID=dca18f1c644b6bf400c3ed6ea5163df4&mc=true&node=pt47.5.95&rgn=div5

 

Operator Specific -

§95.343 states that the station operator is responsible whenever the station is transmitting. The operator of a Personal Radio Services station is responsible for proper operation of the station in compliance with all applicable rules in this part.

 

§95.335 states that operation of non-certified transmitters prohibited.  Specifically, that 'no person shall operate a transmitter in any Personal Radio Service unless it is a certified transmitter'.

 

§95.337 states that operation of modified equipment is also prohibited.  It say that 'no person shall modify any Personal Radio Service transmitter in a way that changes or affects the technical functioning of that transmitter'.  The rule says any modification voids the certified status of the modified transmitter, then making it an unauthorized device for use in the Personal Radio Services.  It also says that no person shall operate any Personal Radio Service transmitter that has been so modified.

 

Manufacturer Specific -

As far as the manufacturer is concerned,  There are over 38 notations in the rules, but I find these to be the most relevant to this topic...

 

§95.391, which states that the manufacturing, importation, and sales of non-certified equipment is prohibited.  It says that 'no person shall manufacture, import, sell or offer for sale non-certified equipment for the Personal Radio Services.'  So, the manufacturer is really only held responsible if the equipment is intentionally manufactured, imported or sold specifically targeting (advertised as) the Personal Radio Services and its not a Part 95 certified device or if the certification has expired, been revoked or nullified buy modifications.

 

Also, §95.587(4)(e) says no person shall manufacture or import hand-held portable radio equipment capable of operating under both FRS and other licensed or licensed-by-rule services.  It does have an exemption for Part 15 unlicensed equipment, where they are permitted if the hardware is consistent with part 15 rules.

 

The other I found interesting is §95.1791 says that the sales of GMRS/FRS combination radios are prohibited.  It says 'no person shall be permitted to manufacture or import, sell or offer for sale any radio equipment capable of operating under both this subpart (GMRS) and subpart B (FRS) of this chapter.'  If you read the rules about the restrictions of FRS radios, this actually makes a lot of sense.

 

What I find really interesting is that every amateur radio I have ever owned (which is several dozen +), that works on UHV (440MHz-470MHz), also worked on FRS and GMRS frequencies.  Like... all of them.  I am assuming there is some type of exemption in the laws/regulatory code that permits it, otherwise every major amateur radio equipment manufacturer would be in violation of the law. 

 

 

 

Gotta love the internet.. Ask a question and get two complete opposite answers..  I don't care anymore since as I mentioned earlier, it really doesn't matter  - but I will let you guys argue over who's smarter/who's right/who's wrong...

 

I have to admit... that does not seem like a very friendly response.  Not sure why, when this is a discussion board and we are supposed to be helping each other through these things. 

  • 2 months later...
Posted

What I find really interesting is that every amateur radio I have ever owned (which is several dozen +), that works on UHV (440MHz-470MHz), also worked on FRS and GMRS frequencies.  Like... all of them.  I am assuming there is some type of exemption in the laws/regulatory code that permits it, otherwise every major amateur radio equipment manufacturer would be in violation of the law. 

I believe the FCC addressed this in:

§95.1761   GMRS transmitter certification.

© ... No GMRS transmitter will be certified for use in the GMRS if it is equipped with the capabilities to operate in services that do not require equipment certification, such as the Amateur Radio Service.

 

Huh... Doesn't seem to get any plainer that that, I guess.... LoL

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