What would happen if....

[Guest]

So with all the threads being spewed around the various contents of this forum around the 'rules' of the FCC in regard to radio type acceptance.... what would happen and how would a person deal with a scenario where the FCC revoked a radio's type 95E certification?

Mostly being hypothetical here, but given the original 'oops we lied' scenario that happened with TIDRADIO's first iteration of the TDH8-GMRS... it's made me wonder...

[Sshannon]

From the regulations:

(b) Revoked or withdrawn certification. In the event that the FCC revokes or withdraws a grant of equipment certification for a type of Personal Radio Service transmitter, existing transmitters already in service may continue to be operated unless and until the FCC determines otherwise and gives Public Notice of that decision.

[WRXP381]

Nothing would happen.

First of all was it certified when it was sold?  If yes then no problem.  Your covered   

second… what happens to the millions of people using non type certified radios from the beginning?   How many licensed GMRS users have 1,2,5,10 or more radios that they use each and every day and are not and never have been certified?   Nothing.  .this could be a cheap uv-5r or a Motorola xts5000.   Or any thing in between.  I’d venture to say that there are more non type certified radios on gmrs then certified   
 

When this becomes a problem is when a user is being a complete jerk and interrupting other users.  Even then it takes weeks months years or maybe never before the fcc does anything about it.  And if they ever do, a non type certified radio may be an add on charge. 
 

[WSAA635]

Ditto, as much "wind" as some here would like to blow about this or that FCC Rule you're only going get busted if you're jamming a repeater, broadcasting on Emergency Service Frequencies or talking about something illegal like a drug deal or other criminal activity.  

Just talking to friends and family about normal,everyday stuff won't even be noticed by the FCC.

[WRQI583]

I will never understand why there are so many forums where the number one thing above all things talked about when it comes to operating a radio is type accepted radios. It isn't using a radio without a license, or talking on or jamming public safety frequencies, or swearing over the radio, it is operating a type accepted radio.

This is the least of your issues. If you took type accepted radios and lined them up next to non type accepted radios and talked over them, you would never know the difference. It just seems funny how some people will even go to the length of never getting licensed and never touching a radio because they are that scared of possibly using a radio that is not type accepted and getting caught by the FCC and thrown in jail for 20 years and then getting out and having to pay a $10,000 fine. Many Hams and GMRS radio operators all use NON type accepted radios, either because they modified the radio themselves or they purchased the radio from the manufacturer NON type accepted. How many cases are being brought into court over non type accepted radios just because the FCC happened to be strolling past someone's house and caught them in the act of operating a non type accepted radio? You have Hams that swear right over Ham radio frequencies on multiple different bands and NEVER get in trouble. I have heard conversations come over GMRS that was so offensive I wouldn't let a child listen to it even after they just got done with a day of school full of kids swearing at each other, and I can assure you that no one got in trouble. Bad language over the radio will get you in trouble with the FCC much quicker than a non type accepted radio.

I am by no means encouraging breaking the rules at all, however, to focus on non type accepted radios while others are clearly violating the rules in much worse ways is futile. Like it has been said in here already, it is an add on charge and the chance of getting caught is slim to none. You literally have to be maliciously interfering with other agencies to get caught and even then, it takes a long time if at all for the FCC to respond. So when it comes to a radio going from type accepted to non type accepted, the FCC would never come after anyone. Think about Baofeng. None of those radios are type accepted and you have everyone from children to security agencies operating them radios. The United States is probably flooded with more Baofeng radios than plastic shopping bags. Think about how many people would end up in prison for 20 years and have to pay a $10,000 fine. It just doesn't make sense to go after non-type accepted radios.

[Guest]

8 hours ago, WRQI583 said:

I will never understand why there are so many forums where the number one thing above all things talked about when it comes to operating a radio is type accepted radios. It isn't using a radio without a license, or talking on or jamming public safety frequencies, or swearing over the radio, it is operating a type accepted radio.

Not in any disagreement to anything posted here, and I fully appreciate the pointers back to the very rules that deal with this scenario.

 In some sense, I was posting this hypothetical question as a way to provoke thought and prove points… 

But….

Loosely, type acceptance is mildly some sort of a way to infer that you’ve accounted for NOT interfering or using inappropriately. (in a frequency allowance perspective, not human behavior perspective). If type acceptance were more closely adhered to, interference, wrong frequencies, etc, would be a bit less possible, hence why it’s there.  
 

Of course, the presumption here is that the type acceptance is real and not just a rubber stamp

 

[WSAA635]

This reminds me of "Street Legal" with cars/trucks. There are plenty of folks driving "street legal" vehicles that break the law with them on a daily basis. Then there are those who modify their vehicles with different parts and accessories that makes their car or truck NOT street legal but they still follow the laws and rules of the road while driving. 

Who should we really be pointing our fingers at, someone with a "Type Accepted" radio who broadcasts out of band and acts like a jerk when they're on the air or someone who's not using a type accepted radio but stays within their licensed frequencies and plays nice when they're on the air. 

 

[WRYS709]

4 hours ago, WSAA635 said:

This reminds me of "Street Legal" with cars/trucks...

 

No one ever died from someone's use of a radio that is not in compliance with Part 95e.

[Lscott]

What would happen if....

This is starting to sound more like what turned CB 11M in to a garbage heap. I guess with the increasing popularity of GMRS it was bound to happen to this service sooner or later.

[Guest]

@Lscott  - FRS? GMRS? shared, licensed, not licensed, split power levels, type acceptance, not type acceptance, rules not laws, rules not enforced, free air waves can't be regulated, repeater drama... it was never bound to happen at all was it  

I just figured if youtube can have it's clickbait titles, then so can GMRS, right? 

At least by intent of thread, the first 2 responders gave a pretty logically sound, and direct to the point/rules/regulation response eh?

[Lscott]

I've seen this all before years ago on various CB Internet news groups. Same sort of logic. Always ends up in the same place.

[WSAA635]

My entire take on this "Type Approved" deal is that a person should buy the radio of THEIR choice(Type Approved or Not), program it with the channels they want to use and enjoy talking to family and friends while they're out shooting, off roading, hiking or whatever.  As long as you're not setting up drug deals or talking about bringing the next load of illegals across our wide open Southern Border then people just need to worry about themselves and not worry about what others do.